Bangalore District Court
Shanthkumar vs Yesu @ Govindha Raju And Others on 31 January, 2025
KABC0C0045012015
IN THE COURT OF THE X ADDL.C.J.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 31st day of January 2025
PRESENT: Smt. ANJALI SHARMA.V.S
B.B.A.(Hons.), LL.B.(Hons.),
X Addl. Chief Judicial Magistrate,
Bengaluru City.
C.C.No.52898/2015
Complainant State by, Police Sub Inspector
J.B.Nagar Police Station
/vs/
Accused No. 1. Yesu @ Govindaraju S/o. Shanmugam,
Aged about 33 years,
2. Kavitha W/o. Govindaraju,
Aged about 29 years,
Both are R/at No.93, 2nd Main, 11th Cross,
Sudhamanagara, J.B Nagara,
Bengaluru.
(Case against accused No.3 split up)
:: JUDGMENT ::
The J.B.Nagar Police Station, Bengaluru filed this charge sheet against the accused No. 1 to 3 for the offence punishable under Sections 323, 324, 504, 506 R/w. 34 of IPC.2 C.C.No. 52898/2015
2. The brief facts of the prosecution case that:
That on 27/07/2014 at about 6.00 pm, at No.93, 11 th cross, 1st Main, Sudhamangara, HAL 2nd Stage, accused No.1 and 2 along with accused no.3 in furtherance of common intention, intentionally insulted CW1 by abusing him in foul language, accused no.1 voluntarily caused hurt to CW1 by assaulting him with brick on his head and caused bleeding injury, accused no.2 voluntarily caused hurt to CW2 by assaulting her with brick on her head and caused bleeding injury and accused No.3 pushed CW3 and caused bleeding injury and accused No.1 and 2 voluntarily caused hurt to CW1 by assaulting him with hands all over the body and committed criminal intimidation by threatening CW1 with threat to cause death and thereby accused No.1 and 2 committed an offence punishable under Sec.323, 324, 504, 506 R/w. 34 of IPC.
3. The Investigating officer after completion of the investigation, filed the charge-sheet against the accused No. 1 to 3. This Court took cognizance for the said offence and registered the case and issued summons to the accused No. 1 to 3. Accused No. 1 & 2 appeared and got enlarged on bail. During the course of trial case against accused No. 3 ordered to split up.
4. After compliance of Section 207 of Cr.P.C., this Court framed charge against the accused 1 & 2 for the offence punishable 3 C.C.No. 52898/2015 under section 323, 324, 504, 506 R/w. 34 of IPC and read over the same to them in the language known to them. The accused 1 & 2 pleaded not guilty and claimed to be tried. Therefore, the case was posted for trial.
5. In order to bring home the guilt of the accused 1 & 2 the prosecution got examined two witnesses as PW-1 & 2 and got marked three documents as per Ex.P1 & Ex.P2.
6. As the witness/victim turned hostile, the remaining witnesses were dropped and the statement of the accused 1 & 2 under Section 313 of Cr.P.C. was dispensed with.
7. Heard the learned A.P.P. and learned counsel for the accused 1 & 2.
8. The points that arise for my consideration are as under :-
1. Whether the prosecution proves beyond all reasonable doubt that, on 27/07/2014 at about 6.00 pm, at No.93, 11th cross, 1st Main, Sudhamangara, HAL 2nd Stage, accused No.1 and 2 along with accused no.3 in furtherance of common intention, intentionally insulted CW1 by abusing him in foul language, accused no.1 voluntarily caused hurt to CW1 by assaulting him with brick on his head and caused bleeding injury, accused no.2 voluntarily caused hurt to CW2 by assaulting her with brick on her head and caused bleeding injury and accused No.3 pushed CW3 and caused bleeding injury and 4 C.C.No. 52898/2015 accused No.1 and 2 voluntarily caused hurt to CW1 by assaulting him with hands all over the body and committed criminal intimidation by threatening CW1 with threat to cause death and thereby accused 1 & 2 along with accused No. 3 committed the offence punishable under Sec.323, 324, 504, 506 R/w. 34 of IPC and within the cognizance of this Court?
2. What order?
9. My findings on the above said points are as under:
Point No.1 : In the Negative.
Point No.2 : As per the final order for
the following:
REASONS
10. POINT No.1:- It is the case of the prosecution that, accused No.1 and 2 along with accused no.3 in furtherance of common intention, intentionally insulted CW1 by abusing him in foul language, accused persons voluntarily caused hurt to CW1 to 3 by assaulting them with brick and hands and committed criminal intimidation by threatening CW1 with threat to cause death.
11. CW1, Shantha Kumar is examined as PW1. He deposed that, accused persons are his relatives. CW2 is his wife and accused persons are residing near his house. He further deposed that, no quarrel took place between him and accused persons. He denied that, accused persons voluntarily caused hurt to him by 5 C.C.No. 52898/2015 assaulting him with hands and bricks. He deposed that, accused persons did not gave him life threat. He further deposed that, he did not file any complaint as per Ex.P1 against the accused persons in the police station. Though PW1 identified his signature on Ex.P1 complaint and Ex.P2 spot mahazar. He deposed that he does not know the contents of those documents. Though the above mentioned witness were treated as hostile by the prosecution, nothing was elicited in his cross-examination.
12. CW2, Prabha is examined as PW2. She deposed that, accused persons are his relatives. CW1 is her husband andCW3 and 4 have committed suicide in the town and died. Accused persons are residing near her house. She further deposed that, no quarrel took place between her and accused persons. She denied that, accused persons voluntarily caused hurt to her and her husband by assaulting them with hands and bricks. She deposed that, accused persons did not abused her in foul language and did not gave him life threat. She further deposed that, she did not give any complaint as per Ex.P3 against the accused persons in the police station. She deposed that he does not know the contents of those documents. Though the above mentioned witness was treated as hostile by the prosecution, nothing was elicited in her cross-examination.
6 C.C.No. 52898/201513. On perusal, the prosecution had to prove that, accused No.1 and 2 along with accused no.3 in furtherance of common intention, intentionally insulted CW1 by abusing him in foul language, accused persons voluntarily caused hurt to CW1 to 3 by assaulting them with brick and hands and committed criminal intimidation by threatening CW1 with threat to cause death.
14. As the eye witnesses and the victim turned hostile, there is no iota of evidence to attract the offence alleged by the prosecution. As such examination of the prosecution witnesses only for the purpose of completing the procedural aspect will not serve any judicious purpose and is sheer waste of the precious time of the Court. At this stage, it is relevant to rely upon the decision of Satish Mehra v. Delhi Administration and Another, (1996) 9 SCC 766, wherein, the Hon'ble Apex Court has held as follows:
"When the judge is fairly certain that there is no prospect of the case ending in conviction the valuable time of the court should not be wasted for holding a trial only for the purpose of formally completing the procedure to pronounce the conclusion on the future date."
15. The principle of law laid down by the Hon'ble Supreme Court in the above case is applicable to this case as well. Considering the facts and circumstances of the present case, it is clear that the prosecution has failed to prove the guilt of the accused persons beyond all reasonable doubts. Under these facts 7 C.C.No. 52898/2015 and circumstances of the case, the Point No.1 is answered in the Negative.
16. POINT No.2:- In view of my discussions on the aforesaid points, I proceed to pass the following:
:O R D E R:
Acting under Section 255(1) of Cr.P.C., the Accused 1 & 2 are acquitted for the offence punishable under Sections 323, 324, 504, 506 R/w. 34 of IPC.
Bail bond of accused 1 & 2 stands canceled. Cash security to be refunded.
Item no.1 & 2 of PF No.73/2014 dated 28/07/2014 to be destroyed after the appeal period.
(Dictated to the Stenographer, directly on computer, corrected by me and then pronounced in the open Court today, 31.01.2025) ANJALI V S Digitally signed by ANJALI V S SHARMA SHARMA Date: 2025.02.20 10:59:39 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.8 C.C.No. 52898/2015
ANNEXURE List of witnesses examined for prosecution:
P.W-1 : Shantha Kumar P.W-2 : Prabha
List of documents marked for prosecution:
Ex.P1 : Complaint Ex.P1(a) : Signature of PW1 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1 Ex.P3 : Statement of PW2
List of witnesses examined for accused:
::NIL::
List of documents marked for accused:
::NIL::
List of material objects marked:
::NIL::Digitally signed by
ANJALI V ANJALI V S SHARMA
S SHARMA Date: 2025.02.20
10:59:31 +0530
(ANJALI SHARMA.V.S)
X A.C.J.M., BENGALURU.