Bangalore District Court
State By Yelahanka New Town vs Manoj on 8 November, 2022
IP
KABC030049192019
NAIK
Digitally signed
by I P NAIK
Date: 2022.11.08
17:09:26 +0530
IN THE COURT OF THE 30TH ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 8th day of November, 2022
:Present: Sri. I.P.Naik, B.A., LL.B.(Spl),
30th ACMM, Bengaluru
Judgment U/s.355 of Cr.P.C.
C.C.No. 1681/2019
Date of Offence 21.04.2018
Complainant State by Yelahanka New Town,
Police Station.
V/s.
Accused Manoj,
S/o.Venkatesh,
Aged about 21 years,
R/at.No.13, Attur Village,
Yelahanka,
Bangalore City.
Offences U/s.324, 504 of IPC.
Plea Recorded on 27.06.2022 and
accused person Pleaded not
guilty.
2 C.C.No.1681/2019
313 Statement recorded Dispensed with
on:
Final Oder Accused is acquitted
Date of Order 08-11-2022
*****
JUDGMENT
The PSI of Yelahanka New Town, Police Station has filed charge sheet against accused for the offences punishable U/s.324, 504 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, on 21.04.2018, at about 8.50pm during night times, when CW4, CW6 and CW6 were standing and speaking near the James College Boys Hostel, at that time, accused came there by consuming alcohol and started abusing them in filthy language, so as to cause breach of public peace and to insult them, has voluntarily assaulted on CW1 with wooden club and caused injuries and thereby committed the aforesaid offences. In this regard, CW1 lodged complaint before the jurisdictional police.3 C.C.No.1681/2019
During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses and after completion of investigation filed charge sheet against accused person for the aforesaid offences.
3. On the basis of charge sheet and other materials cognizance taken and case is registered against accused person.
4. The copies of the prosecution papers have been furnished to the accused person as required under Sec.207 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused person in the language known to him, he pleaded not guilty and claimed to be tried, hence, the prosecution is called upon to prove its case.
6. In order to prove the guilt of the accused person, prosecution has examined 3 witnesses as PW1 to PW3 and 4 documents are got marked as Ex.P.1 to P.4. In order to secure other 4 C.C.No.1681/2019 witnesses issued Summons, NBW and Proclamation. But the concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and other remaining witnesses are dropped and statement of accused u/S.313 of Cr.P.C. is dispensed with.
7. Heard both the side and perused the material evidence on record.
8. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, on 21.04.2018, at about 8.50pm during night times, when CW4, CW6 and CW6 were standing and speaking near the James College Boys Hostel, at that time, accused came there by consuming alcohol and started abusing them in filthy language, so as to cause breach of public peace and to insult him and thereby committed an offence 5 C.C.No.1681/2019 punishable under Section 504 of IPC., within my cognizance.
2. Further, you accused person on the aforesaid date, time, place and under aforesaid circumstances, has voluntarily assaulted on CW1 with wooden club and caused injuries and thereby committed an offence punishable under Section 324 of IPC, within my cognizance.
3. What order.?
9. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3: As per final order
......................... for the following.., 6 C.C.No.1681/2019 REASONS
10. Point No.1 & 2 :- In this case, prosecution has examined only 2 witnesses. In order to secure other witnesses issued Summons, NBW and Proclamation. But the concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and other remaining witnesses are dropped and statement of accused u/S.313 of Cr.P.C. is dispensed with.
11. According to prosecution case, PW3-Venkatesh Gowda is victim to the alleged incident. He only stated that, some un known persons involved rioting at the college hostel and he has subscribed his signature of SO mahazar at the Police Station. Except this facts he is not aware anything about the prosecution case. The learned Sr.APP has cross-examined this witnesses. Nothing is elicited from the mouth of PW3.
7 C.C.No.1681/2019
12. PW2 is initial investigatin officer who has registered the case and forwarded the FIR to this court.
13. PW1 PSI- Rajanna deposed tht on 22.4.2018 he rushed to the spot and conducted the SO mahazar and also seized the stick which is used for commission of the offence and reported to this court under P.F.No.49-A/2018 thereafter, he has interrogated and recorded the statement of witnesses and after collecting the wound certificate. He has submitted the charge sheet against the persons.
14. The version of the investigating officers are denied by the learned counsel for the accused by put forthing suggestions. The said suggestions are denied by the investigating officer.
15. By considering the available material on record it clearly shows that injured witnesses not appeared before this court and not deposed any evidence in this case, they are non residents of Karnataka State. Under such circumstances, it is difficult to held the guilt of the accused based on the oral testimony of investigating 8 C.C.No.1681/2019 officers. Accordingly, Point No.1 & 2 is answered in the Negative.
16. Point No.3: In view of the Negative findings on the above point No.1 & 2, I proceed to pass the following:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused is acquitted of the alleged offences punishable U/s. 324, 504 of IPC., The bail bond of accused persons and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(Dictated to the Stenographer and after corrections made by me and then pronounced by me in the Open Court on this the 2nd day of November, 2022).
(I.P Naik.) 30 A.C.M.M., B'lore.
th ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
P.W. 1 : Rajanna
P.W.2 : Muniraju
9 C.C.No.1681/2019
P.W.3 : Venkatesh Gowda
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Complaint
Ex.P.2 : Mahazar
Ex.P.3 : Statement of witnesses
Ex.P.4 : FIR
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION:
NIL (I.P.Naik) 30th Addl.C.M.M., B'lore.10 C.C.No.1681/2019
Judgment pronounced in Open Court vide separate:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused is acquitted of the alleged offences punishable U/s. 324, 504 of IPC., The bail bond of accused persons and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(I.P.Naik) 30 th Addl.C.M.M., B'lore.11 C.C.No.1681/2019