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Bangalore District Court

State By Gangammagudi Police Station vs No.2 Assaulted C.W.1 On Her Head And ... on 4 April, 2018

     IN THE COURT OF THE I ADDL.CMM: BENGALURU

                 Dated this the 4th day of April 2018.

              Present: Shri V.Jagadeesh, B.Sc., LL.M.
                      I Addl. C.M.M BENGALURU.

                   JUDGMENT U/s.355 Cr.P.C.,

Case No.                 : C.C.No.22245/2017

Date of Offence          : 7.6.2016

Name of complainant : State by Gangammagudi Police Station,
                      Bengaluru.

Name of accused          : 1. Maheshkumar S. s/o T.Siddappa,
                              aged 31 years,

                           2. T.Siddappa s/o late Chikkamuniyappa,
                               aged 59 years,

                               both are r/o No.E-286/3/76,
                               behind Church road,
                               M.E.S. Quarters,
                               Gangamma Circle, Bengaluru.

Offences complained off: U/s.323, 324, 354, 355, 504 and 506
                         r/w Sec.34 of IPC.

Plea of accused           : Pleaded not guilty

Final Order              : As per final order

Date of Order            : 4-4-2018.
 2                                                   C.C.No.22245/2017

                             JUDGMENT

The Sub-Inspector of Police, Gangammagudi Police Station, Bengaluru has filed the charge sheet against the accused Nos.1 and 2 for the offences punishable under Sections 323, 324, 354, 355, 504 and 506 r/w Section 34 of IPC.

2. It is the case of the prosecution that, on 7-6-2017 at about 6-30 p.m. the accused Nos.1 and 2 have picked up quarrel with C.W.1 abused her in filthy language and assaulted on her head and lips with chappal and caused simple injuries. Similarly, the accused No.2 assaulted C.W.1 on her head and hands with stone and caused simple injuries and also threatened her with dire consequences of life. Under such circumstances, the complainant has filed a complaint against the accused Nos.1 and 2 before the jurisdictional police. On the basis of the said complaint, the Gangammagudi Police have registered the case against the accused Nos.1 and 2 in Crime No.88/2017 for the offences punishable under Sections 323, 324, 354, 355, 504 and 506 r/w Section 34 of IPC. After completion of investigation, the 3 C.C.No.22245/2017 Investigating Officer has filed the charge sheet against the accused Nos.1 and 2 for the aforesaid offences.

3. After appearance of the accused Nos.1 and 2, necessary documents as relied by the prosecution, are furnished to the accused Nos.1 and 2 as provided under Section 207 of Cr.P.C. Charge has been framed and same is read over and explained to the accused Nos.1 and 2. The accused Nos.1 and 2 pleaded not guilty and claims to be tried. Therefore, the case was posted for prosecution evidence.

4. C.Ws.1 to 6 have been cited as charge sheet witnesses. In order to prove the guilt of the accused Nos.1 and 2, during the course of trial, C.W.1/complainant is herself examined as P.W.1 and got marked Exs.P1 and P2. Since P.W.1 has not supported the case of the prosecution and turned hostile, recording of evidence of other prosecution witnesses does not serve the purpose. Hence, they are dropped.

5. After completion of prosecution evidence, there is no incriminating material evidence found on the record against the accused Nos.1 and 2. Therefore, recording of statement of accused Nos.1 and 2 under Section 313 of Cr.P.C. was dispensed with. Similarly, the accused Nos.1 and 2 have not adduced any defence evidence on their behalf. Therefore, there is no defence evidence on behalf of the accused Nos.1 and 2.

6. Heard the arguments of learned Senior A.P.P. and counsel appearing for accused. The points that would arise for my consideration are as under:

1. Whether the prosecution proves beyond all reasonable doubt that, the accused Nos.1 and 2 have committed the offences punishable under Sections 323, 324, 354, 355, 504 and 506 r/w Section 34 of IPC?

2. What Order ?

7. My answer to the above points are as under:

Point No.1: In the Negative.

Point No.2: As per final order, for the following: 5 C.C.No.22245/2017

REASONS

8. Point No.1:- The contention of the prosecution is that on 7-6-2017 at about 6-30 p.m. the accused Nos.1 and 2 have picked up quarrel with C.W.1 abused her in filthy language and assaulted on her head and lips with chappal and caused simple injuries. Similarly, the accused No.2 assaulted C.W.1 on her head and hands with stone and caused simple injuries and also threatened her with dire consequences of life and thereby the accused Nos.1 and 2 have committed the offences punishable under Sections 323, 324, 354, 355, 504 and 506 r/w Section 34 of IPC.

9. In order to prove the guilt of the accused Nos.1 and 2 for the offences punishable under Sections 323, 324, 354, 355, 504 and 506 r/w Section 34 of IPC, C.W.1 is examined as P.W.1. In the course of chief-examination, P.W.1 has deposed that there was no quarrel between her and accused persons and due to wrong presumption she has filed the complaint against the accused as per Ex.P1 and on the request made by the police she 6 C.C.No.22245/2017 has signed the spot mahazar which is marked as Ex.P2. Since P.W.1 has turned hostile and not supported the case of the prosecution, she was treated as hostile witness and cross-examined by the learned Senior A.P.P. with the permission of the court, but in the course of cross-examination, nothing has been elicited to prove the guilt of the accused Nos.1 and 2 beyond all reasonable doubt. However, it is categorically admitted by P.W.1 that she has settled the dispute with accused persons out side the court. Therefore, the evidence of P.W.1 is not sufficient not prove the guilt of the accused Nos.1 and 2. Since, P.W.1 has turned hostile, recording of evidence of other witnesses does not serve the purpose. Hence, they are dropped. Under such circumstances, I am of the opinion that the prosecution has miserably failed to prove the guilt of the accused Nos.1 and 2 beyond all reasonable doubt for the offences punishable under Sections 323, 324, 354, 355, 504 and 506 r/w Section 34 of IPC. Therefore, the accused Nos.1 and 2 are 7 C.C.No.22245/2017 entitled for acquittal for the alleged offences. Accordingly, I answer point No.1 in the negative.

10. Point No.2:- In view of my answer on the point No.1, I proceed to pass the following:

ORDER The accused Nos.1 and 2 are not found guilty for the offences punishable under Sections 323, 324, 354, 355, 504 and 506 r/w Section 34 of IPC. Therefore, they are acquitted for the said offences under Section 248(1) Cr.P.C.

The bail bonds executed by the accused Nos.1 and 2 and their surety stands cancelled.

(Dictated to the stenographer directly on computer, typed by her, revised and then corrected by me and then pronounced in open court on this the 4th day of April 2018).

(V.Jagadeesh) I Addl. CMM., Bengaluru.

ANNEXURE List of witnesses examined on behalf of prosecution:-

P.W.1, Smt.Krishnaveni;

List of documents marked on behalf of prosecution:-

Ex.P1,          Complaint,
Ex.P1(a),       Signature of P.W.1,
Ex.P2,          Spot mahazar,
Ex.P2(a),       Signature of P.W.1;

Material Objects Produced:- NIL

Witnesses examined on behalf of the defence, documents marked:- NIL.

(V.Jagadeesh) I Addl. CMM., Bengaluru.

4/4/2018 State by Sr.APP Accused Nos.1 and2 C/B For Judgment (Judgment pronounced in the Open Court) ORDER The accused Nos.1 and 2 are not found guilty for the offences punishable under Sections 323, 324, 354, 355, 504 and 506 r/w Section 34 of IPC. Therefore, they are acquitted for the said offences under Section 248(1) Cr.P.C.

The bail bonds executed by the accused Nos.1 and 2 and their surety stands cancelled.

I ACMM, Bengaluru.

11 C.C.No.22245/2017