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Came To Police Station And Filed ... vs Person Beyond All Reasonable Doubt. ... on 4 March, 2020

                                1                    CC No.6122/19

IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
                MAGISTRATE, AT BANGALORE.

            Dated this the 4th day of March, 2020.

            Present : Sri.Prakash Channappa Kurubett
                                       B.Sc., LL.B.(Spl).,
                          IX Addl.C.M.M.Bangalore.

            JUDGMENT UNDER SEC.355 OF CR.P.C.

1.C.C.No.                    6122/2019

2.Date of                    28/11/2018
offence
3.Complainant                State by Rajajinagar
                             Police Station

4.Accused                     Mubarak Pasha @ Mubarak
                              S/o.Syed Rahamatulla,
                              Aged about 25 years,
                              R/No.35, Byrasandra,
                              Jayanagar, Bengaluru.

5. Offences                  U/Sec. 332 & 353 of IPC.
complained of
6.Plea                       Accused pleaded not guilty.

7.Final Order                Accused is acquitted.

8.Date of Order              04/03/2020.
                               2                     CC No.6122/19

                            REASONS

      The Police Inspector of Rajajinagar       Police Station,

Bangalore has filed charge sheet against the accused person

for the offences punishable U/Sec.332 and  of IPC.



2.    The brief facts of the prosecution case is that, on

28/11/2018 at about 9.00 am, near Navarang Talkies, in front

of Nirmal Public Toilet, 2nd Block, Dr.Raj Kumar Road,

Rajajinagar, within the limits of Rajajinagar   Police Station,

Bengaluru, when CW.1 - K.S.Panchakshari was the driver of

bus bearing registration No.KA-18-F-812 and            CW.2 -

Channabasappa was the conductor of the bus, accused person

picked up quarrel with them and assaulted the CW.1 with his

hands on his nose and lips and caused simple bleeding

injuries and   criminal force to deter public servant from

discharge of duty of CW.1 and CW.2.   Hence, CW.1 lodged the

first information. The Station House Officer registered a case

in Cr.No.243/18 for the offences punishable Sec. 332 and 
                                                      CC No.6122/19

of IPC, and submitted First Information Report to this Court.

After investigation,   Police Inspector, Rajajinagar        Police

Station filed charge sheet for the said offences punishable Sec.

353 and      of IPC against the accused person. Hence, he

has committed the alleged offences.



3.   Accused person is on bail. On receipt of charge sheet,

this court took the cognizance of the alleged offences and

furnished copy of the prosecution papers to the accused

person. After hearing on charge,      my learned Predecessor-in-

Office has framed charge for the offences punishable U/Sec.

353 and 332 of IPC for which accused person pleaded not

guilty and claimed to be tried.



4.   The prosecution, in order to prove its case, has examined

3 witnesses as PW.1 to PW.3 and got documents marked at

Ex.P1 to Ex.P.3, and closed the side of the prosecution

evidence, and Statements u/Sec.313 of Cr.P.C. are recorded,
                               4                     CC No.6122/19

read over and explained in the vernacular language of the

accused, wherein accused has denied the incriminating

circumstances appeared against him as false and did not

choose to lead defence evidence. Hence, defence evidence is

closed. As such, the matter was posted for arguments.



5.      I have heard the arguments on both sides.


6.   The PW.1 being the first informant/driver deposed that

on 29/11/2018 at about 9.00 am, near Navarang Signal,

Dr.Raj Kumar Road, when accused came in Tata AC vehicle

and asked side, and he told that there was no way, at that

time accused came and assaulted him with his hands on his

face and caused bleeding injuries to him and conductor and

public pacified the galata, and he took treatment at KC

General Hospital, and hence, filed complaint at         Ex.P1

against the accused and police came to the spot and drawn

Mahazar at Ex.P.2. The PW.2 conductor of the bus deposed
                               5                    CC No.6122/19

that on 29/11/2018 at about 9.00 am, when bus stopped

near the signal and accused asked side by way of blinking

the lights of the Tata A.C. vehicle and PW.1 told that there

was no way, accused came and assaulted the PW.1, and he

gave statement before the police. They have been cross-

examined by the accused counsel. But from their mouths

nothing favouring the prosecution case.



7.   The PW.3 - ASI         deposed that on 29/11/2018

complainant came to Police Station and filed complaint

against accused, and on the basis of it he registered a case

and submitted FIR at Ex.P.3 to the Court, visited the spot

and drawn Mahazar.



8.    The other witnesses i.e. CW.3 to CW.8 did not turn up in

spite of taking coercive steps and they were dropped by rejecting

the prayer of learned Sr.APP.      Therefore, from the material

available on record, and oral evidence of the prosecution, the
                                         6                             CC No.6122/19

allegations u/Sec.353 and              of IPC are not proved by                the

prosecution and the prosecution failed to prove the above said

allegations with independent witnesses. Hence, there is no clear,

cogent and reliable evidence to prove the guilt of accused as

alleged by the prosecution case.                  From the evidence of the

prosecution there is a doubt the alleged offences. Therefore, I am

of the opinion that, prosecution failed to prove the guilt of

accused person beyond all reasonable doubt.                       Consequently, I

proceed to pass the following:

                                  ORDER

Acting under Section 248(1) of Cr.P.C., Accused is hereby acquitted for the offences punishable U/Sec. 353 and 332 of IPC.

The bail bond and surety bond of accused stands cancelled.

(Dictated to the Stenographer, transcript thereof is computerized and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 4th day of March, 2020.) (P.C.KURUBETT) IX Addl.Chief Metropolitan Magistrate, Bangalore.

ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:

PW.1    :       Panchakshari
PW.2    :       Channabasappa
PW.3    :        Venkatarama.

LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:

Ex.P.1      :       Complaint
Ex.P.1(a ) :        Signature of PW.1
Ex.P.2    :         Panchanama
Ex.P.2(a & b) :     Signatures of PW.1 & 3
Ex.P.3    :         FIR
Ex.P.3(a) :         Signature of PW.3.

List of material objects marked on behalf of the prosecution:

NIL.

List of witnesses examined on behalf of the defence:

NIL List of documents and materials marked on behalf of the defence:

NIL.

IX ADDL.C.M.M. Bangalore.

04/03/2020 Judgment pronounced in Open Court (Vide separate order) ORDER Acting under Section 248(1) of Cr.P.C., Accused is hereby acquitted for the offences punishable U/Sec. 353 and 332 of IPC.

The bail bond and surety bond of accused stands cancelled.

IX ADDL.C.M.M. Bangalore.