Bangalore District Court
The State vs Thangaraju -Abated on 23 January, 2023
KABC030524612020
Presented on : 28.10.2020
Registered on : 28.10.2020
Decided on : 23.01.2023
Duration : 02y/02m/25days
IN THE COURT OF
XLI ADDITIONAL METROPOLITAN MAGISTRATE
AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Metropolitan Magistrate
Bengaluru
Dated on this 23rd day of January 2023
C.C.No.14039/2020
COMPLAINANT : The State
by Koramangala Police station
-V/s-
ACCUSED : 1. Thangaraju -Abated
2. Smt.Queen
W/o. Thangaraju,
Aged 47 years, R/at.No.494/B,
4th Cross, Ambedkar Nagar,
Vivek Nagar,Bengaluru City.
3. Rajesh
S/o. Thangaraju,
Aged 28 years, R/at.No.24,
2 C.C.No.14039/2020
3rd Floor, 2nd G Main, 5th Cross,
8th Block, Koramangala,
Bengaluru-95.
4. Kum.T.Jhansi
D/o. Thangaraju,
Aged 25 years, R/at. No.494/B,
4th Cross, Ambedkar Nagar,
Vivek Nagar, Bengaluru-47.
5. Kum.T.Jeniffer,
D/o. Thangaraju,
Aged 25 years, R/at. No.494/B,
4th Cross, Ambedkar Nagar,
Vivek Nagar, Bengaluru-47.
Date of Commission of 13.08.2020
offence
Date of report 14.08.2020
Date of arrest 14.08.2020
Name of the complainant Joseph
Date of commencement 16.01.2023
of recording Evidence
Date of closing evidence 16.01.2023
Offences complained of U/Sec.143, 147, 323, 325, 354
R/w.Sec.149 of IPC
Opinion of the Judge As per final orders
State Represented by Senior Asst.Public Prosecutor
Accused Represented by Sri.D.G.Sreenivas Kumar &
R.Rajashekar Advocate.
3 C.C.No.14039/2020
JUDGMENT
[Delivered on 23.01.2023] The P.S.I of Koramangala Police Station has filed charge sheet against the accused for the offences punishable U/Sec.143, 147, 323, 325, 354 R/w.Sec.149 of IPC.
2. Brief facts of prosecution case is as follows:
The accused No.1 and CW.1 are brothers. There is a dispute between them with respect to the ownership of 3 storied building bearing No.24, 2nd G main, 5th cross, 8th block, Koramangala. On 13.08.2020 at 10 pm, when CW.1,4 and 5 were at their house at the 3rd floor of H.No.24, 2nd G Main Road, 5th Cross, 8th block, Koramangala, the accused No.1 to 5 in prosecution of common object by forming unlawful assembly trespassed into their house, quarreled with them, beaten them with hands, dragged CW.4 and outraged her modesty and caused grievous injury to the nose of CW.1 by giving punch with their fist. On the basis of complaint given 4 C.C.No.14039/2020 by the CW.1, the Koramangala Police have registered this case in Cr.No.153/2020.
3. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offences punishable U/Sec.143, 147, 323, 325, 354 R/w.Sec.149 of IPC.
4. On 14.08.2020, the accused No.1 and 3 were arrested and produced before the Court. This Court remanded them to judicial custody. On 17.08.2020, they were enlarged on bail. On 04.04.2022, the accused No.2, 4 and 5 appeared through their counsel and got enlarged themselves on bail. This Court complied with Sec.207 of Cr.P.C and furnished charge sheet copies to the accused.
5. During the pendency of the case, the accused No.1 died and hence, the case against him was abated. This Court heard both the parties. As there were no grounds to discharge the accused No.2 to 5, this Court framed charges for the offences punishable U/Sec.143, 147, 323, 325, 354 R/w.Sec.149 of IPC. 5 C.C.No.14039/2020 The accused No.2 to 5 did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined three witnesses as PW.1 to 3 and got marked Ex.P.1 to 4. As the complainant/injured, victim and eye witness have turned hostile and did not support the case of prosecution, there was no incriminating evidence to record the statements of the accused. Hence, statements of the accused U/Sec.313 of Cr.P.C was dispensed with.
7. I have heard the arguments of Senior APP and Sri. RR Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, on 13.08.2020 at 10 pm, the accused in prosecution of common object by forming unlawful assembly entered the house of CW.1, which is situated at the 3rd floor of 6 C.C.No.14039/2020 H.No.24, 2nd G Main Road, 5th Cross, 8th block, Koramangala and thereby they have committed an offence punishable U/Sec.143 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in prosecution of common object quarreled with CW.1, 4 and 5 and thereby they have committed an offence punishable U/Sec.147 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in prosecution of common object beaten CW.1, 4 and 5 with their hands and thereby they have committed an offence punishable U/Sec.323 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused No.1 in prosecution of common object caused grievous injury to the nose of CW.1 by punching with his fist and 7 C.C.No.14039/2020 thereby they have committed an offence punishable U/Sec.325 of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in prosecution of common object, dragged CW.4 and outraged her modesty and thereby they have committed an offence punishable U/Sec.354 of IPC?
6. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused being the members of unlawful assembly in prosecution of common object, quarreled with CW.1, 4 and 5 and thereby they have committed an offence punishable U/Sec.149 of IPC?
7. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : In Negative
Point No.5 : In Negative
8 C.C.No.14039/2020
Point No.6 : In Negative
Point No.7 : As per final orders for the following:
REASONS Point No.1 to 6: As all these points are interrelated, I take all the six points together for common discussion to avoid repetition.
10. The burden is casted on the prosecution to prove that, the accused by forming unlawful assembly in prosecution of common object entered the house of CW.1, which is situated at the 3rd floor of H.No.24, 2nd G Main Road, 5th Cross, 8th block, Koramangala, beaten CW.1, 4 and 5 with their hands, dragged CW.4 and outraged her modesty and caused grievous injury to the nose of CW.1 by hitting him with fist and thereby they have committed the offences punishable U/Sec.143, 147, 323, 325, 354 R/w.Sec.149 of IPC.
11. In order to prove its case, the prosecution got examined the injured complainant/CW.1 as PW.1, victim/CW.4 as PW.2 and CW.5 as PW.3 and got marked complaint as Ex.P.1, spot 9 C.C.No.14039/2020 mahazar as Ex.P.2 and portion of statements of PW.2 and 3 as Ex.P.3 and 4 respectively.
12. CW.1/ PW.1 Joseph in his evidence has stated that, he is acquainted with the accused. The accused No.1 is no more, CW.4 is his wife and CW.5 is his younger brother. He does not anything about the case. The accused neither fought with them nor assaulted them nor misbehaved with his wife nor abused them. He has not taken any treatment at the hospital with the history of assault. He has not given any complaint against the accused. Ex.P.1 bears his signature. About 2 years ago, during COVID pandemic period, the police have taken his signature to Ex.P.1. He is not aware of the contents of Ex.P.1. Ex.P.2 bears his signature. The police took his signature to Ex.P.2 at the time of signing Ex.P.1. He is not aware of the contents of Ex.P.2. The police neither taken him to any place not taken any action in his presence.
10 C.C.No.14039/2020
13. CW.4/ PW.2 Carolin in her evidence has stated that, she is acquainted with accused. The accused No.1 is no more, PW.1 is her husband and CW.5 is her brother-in-law. She does not anything about this case. The accused neither quarreled with them nor assaulted them, nor outraged her modesty. Her husband did not take any treatment from the hospital with the history of assault.
14. CW.5/PW.3 Kolandesh in his evidence has stated that, he is acquainted with accused. The accused No.1 is no more, PW.1 is his elder brother and PW.2 is his sister-in-law. He does not know anything about this case. The accused neither quarreled with them nor abused them nor assaulted them nor outraged the modesty of PW.2.
15. On the basis of written complaint/Ex.P.1 given by PW.1, the Koramangala Police have registered this case, investigated the matter and filed charge sheet against the accused. The PW.1 in his complaint had clearly mentioned the names of the 11 C.C.No.14039/2020 accused who quarreled with them by forming unlawful assembly at their house and described the manner in which they assaulted them and misbehaved with his wife. He had also explained the nature of injuries sustained by him in the assault.
16. The PW.1 being the injured has not supported the case of the prosecution. He has deposed contrary to the contents of Ex.P.1. In this case, the main witnesses i.e., the injured and victims have turned hostile. They have not supported the case of the prosecution. Though the PW.1 to 3 were treated as hostile witnesses and cross examined by the Senior APP, they have not deposed in support of the case of the prosecution.
17. After the receipt of Ex.P.1 from the PW.1, the investigating officer visited the spot, inspected the same and drawn Ex.P.2 mahazar in his presence. In spite of it, the PW.1 deposed contrary to the contents of Ex.P.2. The injured PW.1 himself deposed before the Court that, he has not taken any 12 C.C.No.14039/2020 treatment from the hospital with the history of assault. Hence, the wound certificate issued by Acura Hospital, Koramangala, Bengaluru, which is annexed to the charge sheet does not bear any importance. That wound certificate will not come to the aid of the prosecution, as the injured himself has denied the assault by the accused.
18. The PW.1 to 3 in their cross examination admit that, they have compromised the matter with the accused. Therefore, this Court is of the opinion that, the PW.1 to 3 did not support the case of the prosecution as, they have already compromised the case with the accused. From the evidence led by PW.1 to 3, the allegations made against the accused are not proved. The evidence of PW.1 to 3 is not helpful to the case of the prosecution to hold the accused guilty of the offences charged against them.
19. As the injured, victim and eye witnesses turned hostile, this court rejected the prayer of Sr.APP in summoning other 13 C.C.No.14039/2020 witnesses as, the purpose of the prosecution would not be served by examining them. There is no convincing evidence on record to connect the accused with the alleged crime. From the evidence led before the court, the charges leveled against the accused are not proved.
20. Thus, the prosecution has failed to prove that, the accused by forming unlawful assembly in prosecution of common object entered the house of PW.1, which is situated at the 3rd floor of H.No.24, 2nd G Main Road, 5th Cross, 8th block, Koramangala, quarreled with PW.1 to 3, beaten them, misbehaved with PW.2 and outraged her modesty and caused grievous injury to the nose of PW.1 by hitting him with fist. In such circumstances, I answer the point No.1 to 6 in the Negative.
Point No.7: For the aforesaid reasons I proceed to pass the following:
14 C.C.No.14039/2020
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No. 2 to 5 are acquitted from the charges of Sec. 143, 147, 323, 325, 354 R/w.Sec.149 of IPC.
The bail bonds executed by the accused No. 2 to 5 stand cancelled.
23.01.2023 [TATTANDA DAMAYANTI SOMAYYA] XLI ADDL.METROPOLITAN MAGISTRATE BENGALURU 15 C.C.No.14039/2020 ANNEXURE LIST OF WITNESSES EXAMINED FOR PROSECUTION:
PW.1 : Joseph PW.2 : Carolin PW.3 : Kolandesh
LIST OF DOCUMENTS MARKED FOR 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 : Portion of the statement of PW.2 Ex.P.4 : Portion of the statement of PW.3
LIST OF WITNESSES EXAMINED FOR THE ACCUSED :
NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL ........................................................................................
Dictated on : 21.01.2023
Transcribed on : 21.01.2023
checked on : 23.01.2023
Signed on : 23.01.2023
[TATTANDA DAMAYANTI SOMAYYA]
XLI ADDL.METROPOLITAN MAGISTRATE
BENGALURU
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