Bangalore District Court
Ramesh Kumar S vs Sharafunnisa And Anr on 17 August, 2024
KABC0C0105242021
IN THE COURT OF THE XXIX ADDL.C.J.M
MAYOHALL UNIT, BENGALURU
Dated: The 17th August 2024
PRESENT : Sri. SANDEEP PATIL,
B.A., LL.M.,
XXIX Addl. Chief Judicial Magistrate, Bengaluru.
C.C.No.53157/2021
COMPLAINANT :- State by Ashoknagara P.S
(By Sr.APP)
ACCUSED :- 1. Syed Ayisha Banu Sahil
D/o. Syed Khutubuddin,
Aged 25 years,
R/at.No.119/32, 6th Cross,
Y.G Palya, Bengaluru.
2. Syed Muyin,
Aged 20 years,
R/at.No.119/32,
Anjaneya Temple Street,
Y.G Palya, Austin Town,
Bengaluru.
(By Sri. NPS., Adv.,)
DATE OF COMMENCE 26.07.2024
-MENT OF EVIDENCE
DATE OF CLOSING OF 26.07.2024
EVIDENCE
2 C.C.No.53157/2021
DATE OF JUDGMENT 17.08.2024
JUDGMENT
This final report filed by the PSI of Ashoknagara P.S against the accused No.1 and 2 for the offences punishable U/s.448, 427, 504, 506 R/w.Sec.34 of Indian Penal Code.
2. BRIEF FACTS:-
The case of prosecution is that on 15.10.2020 at about 11.00 A.M at behind of the house No.5, 4th Cross, Anjineya Temple Road, Y.G Palya, Austin Town within the jurisdictional limits of Ashoknagara Police Station the accused No.1 and 2 in furtherance of common intention have trespassed into the house space of CW.1 with criminal intention, damaged the window glass and wall belongs to house of CW.1, intentionally insulted CW.1 and CW.2 causing breach of peace and criminally intimidated them.
3. Based on the first information of CW.1, the police have registered the case, investigation was conducted and after completion of the investigation charge sheet filed against the accused stating that he has committed the offences punishabe U/s.448, 427, 504, 506 R/w.Sec.34 of Indian Penal Code.
4. The accused No.1 and 2 have entered appearance in response to the summons and have been enlarged on bail.
3 C.C.No.53157/2021The prosecution papers have been supplied to the accused. After hearing the charge is read over and explained to the accused to which they pleaded not guilty and claimed to be tried.
5. The prosecution has examined PW.1 and PW.2 and Ex.P1 to Ex.P3 are exhibited. There are no incriminatory statements are available against the accused and accordingly the statement of the accused U/s.313 of Cr.P.C., is dispensed with.
6. Heard arguments on both sides, perused the materials placed on record.
7. The following points arise for my consideration:-
1. Whether the prosecution proves beyond reasonable doubt that on 15.10.2020 at about 11.00 A.M at behind of the house No.5, 4th Cross, Anjineya Temple Road, Y.G Palya, Austin Town within the jurisdictional limits of Ashoknagara Police Station the accused No.1 and 2 in furtherance of common intention have trespassed into the house space of CW.1 with criminal intention thereby committed an offence punishable U/s.448 R/w.Sec.34 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 and 2 in furtherance of common intention have damaged the window glass and wall belongs to house of 4 C.C.No.53157/2021 CW.1 thereby committed an offence punishable U/s.427 R/w.Sec.34 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 and 2 in furtherance of common intention have intentionally insulted CW.1 and CW.2 causing breach of peace thereby committed an offence punishable U/s.504 R/w.Sec.34 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 and 2 in furtherance of common intention have criminally intimidated CW.1 and CW.2 thereby committed an offence punishable U/s.506 R/w.Sec.34 of IPC?
5. What order?
8. My answer to the aforesaid points is as under:-
Point No.1 to 4 - In the Negative Point No.5- As per final order for the following:-
REASONS
9. Point No.1 to 4:- As the facts pertaining to these points are related to each other, all these points are taken together for common discussion for brevity.
10. In the instant case PW.1 and PW.2 are the injured/ victims who have testified that the accused No.1 and 2 in furtherance of common intention have neither trespassed into the house space of CW.1 with criminal intention nor damaged 5 C.C.No.53157/2021 the window glass and wall belongs to house of CW.1 nor intentionally insulted CW.1 and CW.2 causing breach of peace or criminally intimidated them. The PW.1 has stated that he has not given the complaint as per Ex.P1 in this regard. Although PW.1 subscribes to his signature appearing in the complaint at Ex.P1 and spot mahazar at Ex.P2, he pleads ignorance to the contents of Ex.P1 and Ex.P2. The PW.1 and PW.2 are treated hostile and cross-examined by the Ld.Sr.APP wherein nothing substantial is elicited in order to support the case of prosecution. The PW.2 stated that he has not given the statement as per Ex.P.3 in this regard. PW.1 and PW.2 admit to have compromised with the accused.
11. This Court was of the opinion that PW.1 and PW.2 are the material witnesses who have turned hostile and therefore the remaining witnesses were dropped by rejecting the prayer of Ld.Sr.APP.
12. On considering the evidence of PW.1 and PW.2 the complaint at Ex.P1 their evidence appears to be contradictory. The evidence of PW.1 and PW.2 is inconsistent with Ex.P1. The statement of PW.2 is in contradiction with Ex.P3. PW.1 and PW.2 admitted to have compromised with the accused. Therefore I hold that the prosecution is unable to establish the guilt of the accused beyond reasonable doubt.
6 C.C.No.53157/2021Hence the accused No.1 and 2 deserve to be acquitted. Therefore I answer point No.1 to 4 in the NEGATIVE.
13. Point No.5: For the aforesaid reasons, I proceed to pass the following:
ORDER Acting U/s.248(1) Cr.P.C., accused No.1 and 2 are hereby ACQUITTED for the offences punishable U/s.448, 427, 504 and 506 R/w.Sec.34 of Indian Penal Code.
The bail bond of the accused No.1 and 2 is stands cancelled.
The cash security offered by accused No.1 and 2 for their release on bail shall be refunded on proper identification.
(Dictated by me on computer, typed by the steno, same was corrected by me and then pronounced in open Court on this the 17th August 2024).Digitally signed by SANDEEP
SANDEEP PATIL PATIL Date:
2024.08.22 11:13:03 +0530 (Sandeep Patil) XXIX ACJM, BENGALURU 7 C.C.No.53157/2021 ANNEXURES LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION PW.1 Ramesh Kumar PW.2 Sai Sachin LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION Ex.P.1 Complaint Ex.P.1(a) Signature of PW.1 Ex.P.2 Spot Mahazar Ex.P.2(a) Signature of PW.1 Ex.P.3 Statements of PW.2 LIST OF MATERIAL OBJECTS GOT MARKED :-
NIL Digitally signed by SANDEEP SANDEEP PATIL PATIL Date:
2024.08.22 11:13:11 +0530 (Sandeep Patil) XXIX ACJM, BENGALURU 8 C.C.No.53157/2021 17.08.2024 State by APP Accused For Judgment (Judgment passed separately in the Open Court) ORDER Acting U/s.248(1) Cr.P.C., accused No.1 and 2 are hereby ACQUITTED for the offences punishable U/s.448, 427, 504 and 506 R/w.Sec.34 of Indian Penal Code.
The bail bond of the accused No.1 and 2 is stands cancelled.
The cash security offered by accused No.1 and 2 for their release on bail shall be refunded on proper identification.
XXIX ACJM