Bangalore District Court
Has Filed A Complaint Against The ... vs Persons Pleaded Not Guilty And Claims To ... on 5 April, 2018
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 5th day of April 2018.
Present: Shri V.Jagadeesh, B.Sc., LL.B.
I Addl. C.M.M BENGALURU.
JUDGMENT U/s.355 Cr.P.C.,
Case No. : C.C.No.23278/2017
Date of Offence : 29.6.2017
Name of complainant : State by Gangammagudi Police
Station, Bengaluru.
Name of accused :1.Shilpa w/o P.Ambareesh,
aged 29 years,
r/o No.18, Pipeline road,
Abbigere, Chikkabanavara Post,
Bengaluru 90,
2. Manjunath s/o late Narayanappa,
aged 23 years, r/o No.81,
Rachenahalli, S.R.K.Nagar Post,
Bengaluru 77.
Offences complained off: U/s.341, 323, 324, 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 : 5-4-2018
2 C.C.No.23278/2017
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 341, 323, 324, 355, 504 and 506 r/w Section 34 of IPC.
2. It is the case of the prosecution that, on 29-6-2017 at about 9 a.m. the accused No.1 restrained C.W.1 and pushed her head to the wall by holding heir and assaulted on her body and hands with legs and also assaulted on her face with club and causing bleeding injuries and also assaulted all over her body with chappal and also abused her in filthy language 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 for the offences punishable under Sections 341, 323, 324, 355, 504 and 506 r/w Section 34 of IPC in Crime No.100/2017. After 3 C.C.No.23278/2017 completion of investigation, the 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 persons pleaded not guilty and claims to be tried. Therefore, the case was posted for prosecution evidence.
4. C.Ws.1 to 8 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, the C.W.1 is examined herself as P.W.1 and got marked Ex.P1. Since P.W.1 has turned hostile and not supported the case of the prosecution, the examination of other charge sheet witnesses does not serve the purpose. Therefore, C.Ws.2 to 8 are dropped.
4 C.C.No.23278/2017
5. After completion of prosecution evidence, there is no incriminating material evidence found on 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 341, 323, 324, 355, 504 and 506 r/w Section 34 of I.P.C?
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.23278/2017
REASONS
8. Point No.1:- The contention of the prosecution is that on 29-6-2017 at about 9 a.m. the accused No.1 restrained C.W.1 and pushed her head to the wall by holding heir and assaulted on her body and hands with legs and also assaulted on her face with club and causing bleeding injuries and also assaulted all over her body with chappal and also abused her in filthy language and also threatened her with dire consequences of life and thereby the accused Nos.1 and 2 have committed the offences punishable under Sections 341, 323, 324, 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 341, 323, 324, 355, 504 and 506 r/w Section 34 of IPC, the complainant/C.W.1 is examined herself as P.W.1 and got marked Ex.P1. In the course of chief examination, P.W.1 has deposed that the accused No.1 is her daughter-in-law and accused No.2 is her brother. It is further deposed by P.W.1 6 C.C.No.23278/2017 that due to some domestic differences she is residing separately and there was no quarrel between her and accused persons and due to wrong presumption she lodged the complaint against the accused persons. The complaint is marked as Ex.P1. She further deposed that at the request of the police she put her LTM on spot mahazar, but she does not know the contents of the same. Since P.W.1 being the complainant has 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 for the offences punishable under Sections 341, 323, 324, 355, 504 and 506 r/w Section 34 of IPC beyond all reasonable doubt. Since the complainant has tuned hostile and not supported he case of the prosecution, the examination of other prosecution witnesses were all dropped. Therefore, the prosecution has miserably failed to prove the guilt of the accused Nos.1 and 2 for the offences punishable under Sections 341, 323, 7 C.C.No.23278/2017 324, 355, 504 and 506 r/w Section 34 of IPC beyond all reasonable doubt. Hence, I am of the opinion that the accused Nos.1 and 2 are entitled for acquittal for the alleged ofences. 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 341, 323, 324, 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 stand 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 5th day of April 2018),.
(V.Jagadeesh) I Addl. CMM., Bengaluru.8 C.C.No.23278/2017
ANNEXURE List of witnesses examined on behalf of prosecution:-
P.W.1, Smt.Annapoornamma;
List of documents marked on behalf of prosecution:-
Ex.P1, Complaint;
Material Objects Produced:- NIL Witnesses examined on behalf of the defence, documents marked:- NIL.
(V.Jagadeesh) I Addl. CMM., Bengaluru.9 C.C.No.23278/2017
5/4/2018 State by Sr.APP Accused Nos.1 and 2 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 341, 323, 324, 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 stand cancelled.
I ACMM, Bengaluru.10 C.C.No.23278/2017 11 C.C.No.23278/2017