Bangalore District Court
State By Vidyaranyapura Ps vs A1: Shabbir on 9 July, 2015
IN THE COURT OF THE IV ADDL. C.M.M AT BANGALORE.
DATED THIS THE 9th DAY OF JULY 2015
PRESENT
Ms.Vela D.K. B.A., L.L.B., (Hon's)
IV A.C.M.M. Bangalore
CC No. 18119/2014
Complainant : State by Vidyaranyapura PS
V/s.
Accused : A1: Shabbir, 21 Yrs.,
S/o Sheik Babu,
R/a. no.146, Next to Urdu school,
M.S.Palya, Vidyaranyapura,
Bengaluru.
A2: Tabrej, 22 Yrs.,
S/o Sheik Babu,
R/a. M.S.Palya,
Vidyaranyapura, Bengaluru.
A3: Salim, 26 Yrs.,
S/o Late Kalandar,
R/a. M.S.Palya,
Vidyaranyapura, Bengaluru.
A4: Nayaz, 28 Yrs.,
S/o Abdul Karim,
R/a. M.S.Palya,
Vidyaranyapura, Bengaluru.
JUDGMENT
Vidyaranyapura Police have charge sheeted the accused alleging the offences punishable u/s.341, 323, 324, 504 r/w 34 IPC.
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2. Case alleged by the prosecution against the accused is that, on 7.1.2014 in the night at 9.00 p.m. the accused is said to have parked his motorcycle at M.S.Palya Circle and CW1 was also to park his Tata Sumo vehicle near that spot and therefore asked the accused to move back the vehicle, further in the matter pertaining to the parking of the vehicle, while the Tata Sumo vehicle was being taken back, it is said to have dashed the motorcycle whereby both of them picked up quarrel. On the same day in the night at 10.30 p.m. the accused with common intention to assault came near the house of the CW1 situated at 2nd main, 2nd cross, M.S.Palya, Vidyaranyapura, all of a sudden is said to have picked up quarrel with the complainant abused in filthy language, restrained CW1 to CW5 and among the accused No.3 is said to have assaulted CW3 by means of weapon on the left hand side and accused No.4 assaulted CW2 by twisting the hand causing bodily pain and accused No.2 assaulted CW4 by means of a stick causing injuries and accused No.1 and 2 are said to have hit by hands and by means of stick on the left hand, left eye causing bodily pain and thereby the accused are said to have committed the said offences.
3. On filing of the charge sheet in the above said case, cognizance was taken for the said offences and summons were issued to the accused persons. On appearance of the accused the mandatory provisions u/s.207 of Cr.P.C. was complied with. Charge was framed, Plea recorded. Accused pleaded not guilty and claimed trial. To prove the case the prosecution has got examined the complainant as PW1, witnesses alleged injured CW2 as PW2, CW3
-3- CC 18119/2014 as PW3, CW4 as PW4, medical officer CW8 as PW5, I.O. CW9 as PW6 and got marked Ex.P.1 to Ex.P.10. After the prosecution submitted its side closed, the statement of the accused u/s.313 of Cr.P.C. was recorded, wherein the accused have denied all the incriminating evidence appearing against them. There is no defence evidence in the present case.
4. On hearing the merits of the case, the points that arise for consideration are as follows :
1) Whether the prosecution proves beyond all reasonable doubt that, on 7.1.2014 at 9.00 p.m. in the matter pertaining to the parking of the vehicle at M.S.Palya Circle, there was damage to the motorcycle of the vehicle and that CW1 and the accused quarreled with each other, on the same day in the night at 10.30 p.m. the accused with common intention to assault, came near the house of CW1 situated at 2nd main, 2nd cross, M.S.Palya in the limits of Vidyaranyapura and abused CW1 by the words ¸ÀÆ¼É ªÀÄPÀ̼À, ¨ÉÆýà ªÀÄPÀ̼À so as to cause CW1 to break public peace and thereby committed the offence punishable u/s.504 r/w 34 of IPC ?
2) Whether the prosecution further proves beyond all reasonable doubt that, in furtherance of their common intention, the accused wrongfully restrained CW1 to CW5 and thereby committed the offence punishable u/s.341 r/w 34 of IPC ?
3) Whether the prosecution further proves beyond all reasonable doubt that, in furtherance of their common intention among the accused, accused No.3 assaulted CW1 by means of rod, accused No.2 assaulted CW4 by means of
-4- CC 18119/2014 stick causing injuries and thereby committed the offence punishable u/s.324 r/w 34 of IPC ?
4) Whether the prosecution further proves beyond all reasonable doubt that, in furtherance of their common intention among the accused, accused No.4 twisted the right hand of CW1 and accused No.1 and 2 gave hand blow causing bodily pain and thus committed the offence punishable u/s.323 r/w 34 of IPC ?
5) What order ?
5. The findings on the above points are as follows:
Point No.1 to 4 : In the negative.
Point No.5 : As per the final order for the following:
REASONS
6. Point Nos.1 to 4 : In the matter pertaining to the parking of the vehicle, the accused with common intention is said to have wrongfully restrained, abused, assaulted by means of weapons and also hand blow at the same time and committed the said offences. Hence, these points are interlinked, are discussed and answered together in order to avoid repetition.
7. The complaint Ex.P.1 has been filed on 8.1.2014 i.e. next day of the incident 7.1.2014. As per the complaint, it means that there was fight between the complainant and the accused in regard to the parking of the vehicle at the M.S.Palya circle at 9.00 p.m. in the night on 7.1.2014. The vehicle of the complainant namely Tata Sumo is said to have dashed the motorcycle of the accused causing damage.
-5- CC 18119/2014 But on the same date in the night at 10.30 p.m. the accused with common intention to assault is said to have come near the house of CW1, 2nd main, 2nd cross, M.S.Palya, Vidyaranyapura and picked up quarrel with the CW1, abused in filghty language, wrongfully restrained CW1 to CW5 and among the accused No.3 assaulted CW3 by means of rod causing injury on the left hand, accused No.1 gave hand blow to CW2 and caused bodily pain. Accused No.2 assaulted PW4 on the head and other parts of the body and accused No.1 and 2 assaulted by stick as well as gave hand blow causing bodily pain and thus committed the said offences.
8. Unfortunately in the present case the complainant examined as PW1, alleged injured PW2, PW3, PW4 have all turned hostile to the case of the prosecution. Ex.P.1 and the spot mahazar Ex.P.2, the statements Ex.P.3 to 5 have been merely marked. None of them have stated in support of the facts alleged in the complaint. Medical Officer examined as PW5 has formally stated about the issue of wound certificates in regard to the complainant and the injured as Ex.P.6 to Ex.P.9. The ASI has stated about registering of the case on receipt of the complaint and that FIR has been marked as Ex.P.10 and signature as Ex.P.10(a). So, the evidence of PW5 and PW6 are only required to be appreciated in the present case.
9. No doubt these witnesses have not been cross-examined but the injured themselves have not supported the case of the prosecution. In such a situation the evidence and investigation as
-6- CC 18119/2014 above noted would be formal in nature without any support of the oral evidence from the injured. Thereby the nature of the evidence would be merely marking of the documents without support. In such a situation the prosecution has not proved the guilt of the accused in any manner. In fact, there is no iota of evidence appearing against the accused. Mere marking of the documents cannot prove the guilt of the accused. Prosecution has failed to prove the guilt and hence the points for consideration are answered in the negative.
10. Point No.5 : In view of finding on the above points, the following :
ORDER Acting u/s.248(1) of Cr.P.C. accused No.1 to 4 are acquitted of the offences punishable u/s.341, 323, 324, 504 r/w 34 IPC.
Property shown in PF No.4/2014 being valueless is hereby ordered to be destroyed after appeal period is over.
Bail bonds of the accused and their surety stands cancelled.
(Dictated to the stenographer, transcribed and computerised by her, corrected by me and then pronounced in open court on this the 9th day of July 2015) (Ms. Vela D.K.) IV Addl.Chief Metropolitan Magistrate, Bangalore.
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ANNEXURE
List of witnesses examined for prosecution :
PW.1 : Wasim PW.2: Zaheer PW.3: Rafeeq PW.4: Mudaseer PW.5: Dr. Ganesh PW.6: T.N.Kempaiah
List of exhibits marked for prosecution :
Ex.P.1 : Complaint Ex.P.2 : Mahazar Ex.P.3 : Statement of PW2 Ex.P.4 : Statement of PW3 Ex.P.5 : Statement of PW4 Ex.P.6 to Ex.P.9 : Wound certificates Ex.P.10 : FIR
List of M.O.s marked for prosecution : NIL List of witnesses and exhibits marked on behalf of accused : NIL (Ms. Vela D.K.) IV Addl.Chief Metropolitan Magistrate, Bangalore.
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09.07.2015
State by Sr.APP
Accused
For judgment
ORDER
(pronounced in open court vide separate order) Acting u/s.248(1) of Cr.P.C. accused No.1 to 4 are acquitted of the offences punishable u/s.341, 323, 324, 504 r/w 34 IPC.
Property shown in PF No.4/2014 being valueless is hereby ordered to be destroyed after appeal period is over.
Bail bonds of the accused and their surety stands cancelled.
(Dictated to the stenographer, transcribed and computerised by her, corrected by me and then pronounced in open court on this the 9th day of July 2015) (Ms. Vela D.K.) IV Addl.Chief Metropolitan Magistrate, Bangalore.