Bangalore District Court
State By Yeshwanthpura Police vs Chand Pasha S/O Late Mohammed Ibrahim on 11 April, 2022
KABC010114042017
IN THE COURT OF THE LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE (CCH-64) AT BENGALURU
Dated this Monday the 11th day of April 2022
P R E S E N T :- Sri. B.VENKATESHA B.Sc., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU CITY.
SC.No.630/2017
COMPLAINANT: State by Yeshwanthpura Police
Station, Bengaluru.
(By Public Prosecutor)
-V/S-
ACCUSED : 1. Chand Pasha S/o Late Mohammed Ibrahim,
Aged about 47 years,
2. Gousia @ Chowka S/o Late Mohammed
Ibrahim,Aged about 46 years,
3. Imthiyaz S/o Late Mohammed Ibrahim,
Aged about 33 years,
4. Riyaz, S/o Late Mohammed Ibrahim,
Aged about 30 years,
5. Fayaz S/o Late Mohammed Ibrahim,
Aged about 26 years,
6. Mehaboob S/o Late Mohammed Ibrahim,
Aged about 32 years,
A.1 to 6 are R/at No.248, Sharieff Nagar,
Yeshwanthapura, Bengaluru - 560 022.
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SC.630/2017
7. Veeru @ Alla Baksh S/o Abdul Razak,
Aged about 52 years,
R/at No.141, Sharieff Nagar,
Yeshwanthpura, Bengaluru.
(By Sri.K.M., Adv., )
1. Date of commission of offence : 06-11-2016
2. Date of report of offence : 06-11-2016
3. Arrest of Accused : 06-11-2016
4. Name of the complainant : Mr.Syed Musa
5. Date of commencement of trial : 09-03-2020
6. Date of closing of evidence : 22-12-2022
7. Offences complained of : U/S.143, 147, 148, 307 r/w
34 IPC
8. Opinion of the Judge : Accused found not guilty
JUDGMENT
The Police Sub-Inspector, Yeshwanthapura Police Station, Bengaluru City, has submitted the charge sheet against A.1 to 7 for the offences punishable U/Secs.143, 147, 148, 307 r/w 149 of IPC.
2. The prosecution's case in brief is that on 06-11-2016, at about 12.00 noon near Fish Market, Sheriff Nagar, a place that within the jurisdictional limits of Yeshwanthpura Police Station, while the brother of the complainant Razaq was selling fish in his shop, the A.1 to 7 being the members of unlawful assembly armed with deadly weapons like hammer in prosecution of the common object of the said assembly to 3 SC.630/2017 commit murder of the CW.1 Syed Musa, put fish crates in the road by blocking the way to the shop of CW.1 and started calling the customers. At that when CW.1 asked about the it, the A.1 to 7 being the members of unlawful assembly with a common object to kill CW.1, picked up a quarrel with CW.1 & CW's.4 to CW.8 and surrounded CW.1 and CW.4, assaulted to them. A.2 & 3 assaulted the CW.4 AbdulRajaq to his head and right hand, A.1 & 4 stabbed CW.1 to his right hand and buttock, as a result the CW.1 has sustained blood injuries, A.5 to 7 hit CW.8 Syed pasha with the hammer to his hand and left leg and you remaining accused assaulted to CW.1, CW.4 and CW.8 and have attempted to kill them. Hence, the charge sheet.
3. A.1 to 7 are all released on bail. Thereafter, the learned Magistrate has committed this case as against accused No.1 to 7 to the Sessions Court for trial. It was made over to this Court for trial.
4. After receipt of the case papers, as per order of this court, A.1 to 7 have put their appearance. After hearing the arguments of both the sides, this Court has framed charges against the aforesaid A.1 to 7 for the aforesaid offences. It was read over and explained to them in a Kannada language. The aforesaid A.1 to 7 have pleaded not guilty and claims to be tried.
5. Thereafter, the prosecution has got examined CW's.1, 4 SC.630/2017 8, 5, 7, 6, 4, 9 and 10 as PW's.1 to 8 respectively. The prosecution has got marked 10 documents and 4 objects as Ex's.P.1 to 10 and MO's.1 to 4 respectively. Thereafter, the statement U/Sec.313 of Cr.P.C, of the aforesaid A.1 to 7 has been recorded. They denied the incriminating evidence that appeared against them. They submitted no defense evidence.
6. Heard the arguments of the learned Public Prosecutor for prosecution and the learned counsel appeared for the A.1 to
7.
7. Perused the charge sheet, charges framed and evidence placed before the Court.
8. The points that arise for consideration are as follows :
1. Whether the prosecution proves beyond reasonable doubt that, on 06.11.2016, at about 12.00 noon near Fish Market, Sharieff Nagar, within the limits of Yeshwanthpura police station, A.1 to 7 with a common object being the members of unlawful assembly and thereby committed an offence punishable U/Sec.143 r/w 149 of IPC?
2. Whether the prosecution further proves beyond reasonable doubt that on the aforesaid said date, time and place A.1 to 7 being the members of unlawful assembly in prosecution of the common object of the said assembly to commit murder of the CW.1 committed an offence of rioting punishable U/Sec.147 r/w 149 of IPC?
3. Whether the prosecution further proves beyond reasonable doubt that on the aforesaid said date, time and place A.1 to 7 being the 5 SC.630/2017 members of unlawful assembly armed with deadly weapons like hammer and thereby committed an offence punishable U/Sec.148 r/w 149 of IPC?
4. Whether the prosecution further proves beyond reasonable doubt that on the aforesaid said date, time and place brother of the complainant Razaq was selling fish in his shop, at that time A.1 to 7 put fish crates in the road by blocking the way to the shop of complainant and started calling the customers, at that time brother of the complainant asked about the same, at that time A.1 to 7 were a members of unlawful assembly with a common object to kill the complainant armed with deadly weapons and picked a quarrel with CW.1, CW.4 to CW.8 and surrounded CW.1 and CW.4, assaulted, A.2 & 3 assaulted the CW.4 to his head and right hand, A.1 & 4 stabbed CW.1 to his right hand and buttock, as a result the CW.1 sustained blood injuries, A.5 to 7 hit CW.8 by the hammer to his hand and left leg and remaining accused assaulted CW.1, CW.4 and CW.8 thereby committed an offence punishable U/Sec.307 r/w 149 of IPC?
5. What Order?
9. My findings on the above points are as under:
Points No.1 to 4 : In the Negative, Point No.5 : As per final order for the following:
REASONS
10. POINTS No.1 to 4 : As the aforesaid offences are 6 SC.630/2017 occurred on the aforesaid date and time, to avoid repetition of facts, points No.1 to 4 are taken up for joint discussion. Ex.P.1 complaint, Ex.P.2 statement of CW.8 Syed Pasha, Ex.P.3 statement of CW.5/PW.3 Jiya Uddin, Ex.P.4 statement of CW.7/PW.4 Zakruddin, Ex.P.5 statement of CW.6/PW.5 Jainuddin and Ex.P.6 statement of CW.4/PW.6 Abdul Razaq are all discloses that on 06-11-2016 at about 12.00 p.m., when the complainant Syed Musa and his brother Razaq are selling fish in their shop at No.85, Sharieff Nagara, Yashwanthapura, Bengaluru-22, the aforesaid A.1 to 7, kept crates in front of their shop with an intention to avoid customers to visit their shop. Therefore, his brother Razaq questioned A.1 to 7. Hence, A.1 to 7 formed unlawful assembly armed with knives and hammer and that A.2 & 3 have assaulted to his elder brother Razaq over his right hand and head with knife and have made attempts to kill him. A.1 & 4 with knife have assaulted to his relative CW.8 Syed. Therefore, CW.8 has sustained grievous injury. A.5 to 7 with hammer have assaulted to the complainant over his left hand, left leg, left hand forearm and over his left thigh and left hip with knife. Therefore, he also has sustained grievous injuries. He, his brother and Syed are all have gone to Columbia Hospital with the help of the people gathered there and have obtained treatment. Ex.P.7 FSL Report discloses that the objects marked as MO's.1 to 4 have been scientifically examined by Dr.Chandrashekar on 29-04-2017. The said Report 7 SC.630/2017 discloses that blood stains present over MO's.1 to 4 and blood mixed mud. The said blood was a human blood. Ex.P.8 Wound Certificate of PW.6 Abdul Razaq disclosed that on 06-11-2016 he was examined at Columbia Asia Hospital and that he has a chop lacerated wound over his right shoulder and a lacerated wound over his parietal region of scalp measuring 5 x 1.5 cm x bone deep and that the said injuries are simple and fresh in nature. Ex.P.9 Wound Certificate of CW.8 Syed disclosed that he also was examined on 06-11-2016 and that he has sustained a lacerated wound over his right forearm lateral aspect measuring 5 cm x 1 cm x bone deep and that chopped fracture of right forearm allar with surrounding contusion. The said document discloses that the first injury is simple and second is grievous in nature. Ex.P.10 Wound Certificate of the complainant Syed Musa disclosed that he also was examined on 06-11-2016 and that he has sustained small abrasion measuring 2 x 1 cm over his left forearm, a linear abrasion measuring 5 x 1 cm over his left arm, abrasion over his right buttock measuring 2 x 1 cm and small abrasion over left little finger and left knee joint and that said injuries are simple in nature. Ex's.P.8 to 10 disclosed that the aforesaid injured have sustained the said injuries in an assault on 06-11-2016 at about 12.00 p.m., near Yashwanthapura Fish Mark by Riyaz, Hintu and Mehboob Ghousiya.
11. PW's.1 to 6, the complainant Syed Musa, injured 8 SC.630/2017 persons Syed Pasha, Jia Uddin, Zakruddin, Jainuddin and Abdul Razaq respectively during the course of their oral evidence though they have deposed that there was a galata on one day about 4-5 years back at Fish Market, Yashwanthapura and that they have sustained injuries in the said galata. But they have not deposed before this Court that they does not know that who are all have assaulted to them in the said galata. They have stated before this Court that they have not lodged complaint, nor made statement before the Police about the said galata against the accused persons. They deposed that they does not know the accused person. The aforesaid evidence of PW's.1 to 6 is against the contents of Ex's.1 to 10. Evidence of PW.7 Dr.Shashikanth discloses that he has treated the PW's.2 & 6 on 06-11-2016 at about 12.30 p.m. with the history of assaulted and has issued the wound certificate marked at Ex's.P.8 & 9. He has deposed that if anybody assaulted with MO's.1 to 4 to others, possibility of sustaining the injuries as shown in Ex's.P.8 & 9 is less. PW.8 deposed that she has examined the complainant Syed Musa on 06-11-2016 at about 04.50 p.m and has issued the Wound Certificate marked as Ex.P.10. She has deposed that if anybody assaulted with knife to other, such injuries as shown in Ex.P.10 can be sustained.
12. At the request of the prosecution, PW's.1 to 6 are treated as hostile witnesses. They were subjected to a cross- examination on behalf of the case of the prosecution. But 9 SC.630/2017 nothing is elicited that on 06-11-2016 at about 12 p.m., the A.1 to 7 are all assaulted to the PW's.1 to 6 with MO's.1 to 4 objects with an intention to kill CW.1. They deposed before this Court that they have not lodged the complaint as per Ex.P.1 nor they have stated as per Ex's.P.2 to 6 before the complainant PS against the accused persons. Nothing is elicited as to why PW's.1 to 6 are deposed before this Court against the case of the prosecution.
13. On careful analysis of the evidence of PW's.1 to 6, it is clear that their evidence is not reliable in nature that the accused have committed the said offences on the said date, time and place. Therefore, A.1 to 7 are entitled to benefit of doubt. Therefore, it is clear that the prosecution has utterly failed to prove its case as alleged against A.1 to 7 beyond reasonable doubt. Therefore, Points No.1 to 4 are answered as in the Negative.
14. Point No.5 : In view of the discussion made above and the findings given on point Nos.1 to 4, I proceed to pass the following:
ORDER Acting U/Sec.235 of Cr.P.C., A.1 to 7 are acquitted for the offences punishable U/Secs. U/Secs.143, 147, 148, 307 r/w 149 of IPC. [ A.1 to 7 are set at liberty forthwith if they are not required in other case/s. Their bail and 10 SC.630/2017 surety bonds stands cancelled. MO's.1 to 4 are worthless, destroy MO's.1 to 4 after expiry of appeal period. (Typed by the Judgment Writer on my dictation, the transcript revised and then pronounced by me in open court on this Monday the 11th day of April 2022).
(B.VENKATESHA) LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, (CCH-64), BENGALURU CITY.
ANNEXURE
1. List of witnesses examined for the prosecution:
PW.1 Syed Moosa
PW.2 Syed Pasha
PW.3 Ziyauddin
PW.4 Zakruddin
PW.5 Jainuddin
PW.6 Abdul Razaq
PW.7 Dr.Shashikanth
PW.8 Dr.Radha
2. List of witnesses examined for the accused:
- NIL-
3. List of documents marked for the prosecution:
Ex.P.1 Complaint
Ex.P.1(a) Signature of PW.1
Ex.P.2 Statement of PW.2
Ex.P.3 Statement of PW.3
Ex.P.4 Statement of PW.4
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SC.630/2017
Ex.P.5 Statement of PW.5
Ex.P.6 Statement of PW.6
Ex.P.7 FSL Report
Ex.P.8 Wound Certificate
Ex.P.8(a) Signature of PW.7
Ex.P.9 Wound Certificate
Ex.P.9(a) Signature of PW.7
Ex.P.10 Wound Certificate
Ex.P.10(a) Signature of PW.8
4. List of documents marked for the Accused:
- NIL-
5. Material object marked in this case:
MO's.1 to 4 Knives
(B.VENKATESHA)
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE (CCH-64), BENGALURU CITY.