Bangalore District Court
State By vs A1- Ravi @ Egg Rice Ravi on 30 September, 2021
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCH-67)
DATED: This the 30 th day of September, 2021
PRESENT
Smt. K.KATHYAYANI, B.Com., L.L.M.,
LXVI Addl.City Civil & Sessions Judge,
Bengaluru.
S.C.No.817 of 2014
COMPLAINANT : State by:
Vyayalikaval Police Station,
Bengaluru.
(By Public Prosecutor.)
/Vs/
ACCUSED: A1- Ravi @ Egg Rice Ravi
(SPLIT UP - SC.No.240/2017)
A2 - Trilok Jadav.
(ABATED)
A3.Varadaraju @ Java,
S/o Chikkadevegowda,
Aged about 23 years,
R/at No.31, 2nd Floor, 11th Cross,
2nd Main, Vyalikaval, Bengaluru-03.
(By Sri.HKL., Advocate.)
A4.Shashikumar @ Current,
S/o Manjunath, Aged about 21 years,
R/at No.92, 13th Cross,
Malleshwaram Market,
Bengaluru.
(By Sri.HKL., Advocate.)
A5.Manjunth @ Appi,
2 S.C.No:817/2014
(SPLIT UP - SC.No.418/2020)
A6.Srikanth @ Oosa,
S/o late Rajendra,
Aged about 24 years,
R/at No.32/1, 11th B Cross,
S.P.Layout, Malleshwaram,
Bengaluru.
(By Sri.HKL., Advocate.)
A7. Santhosh Naik @ Medda.
(SPLIT UP - SC.No.240/2017.)
DATE OF:
Occurrence of offence : 21.02.2014
Commencement of trial : 13.03.2020
Closing of trial : 22.09.2021
Name of the complainant : Sri.Darshan.
Offence alleged : Under Sections 143,
147, 148, 307 and 324
read with Section 149
of IPC.
Opinion of the judge : Charges leveled
against accused are
not proved.
Sentence or order : Acquittal.
JUDGMENT
Hebbala police have filed the present charge sheet against the accused in Crime No.14/2014 for the offences 3 S.C.No:817/2014 punishable under Sections 143, 147, 148, 307 and 324 read with Section 34 of IPC.
2. The brief facts of the prosecution case are that;
a) On 21.02.2014 at about 9:30 p.m., the accused i.e., A-1 to A-7, in front of house No.223, in a vacant place bearing No.223, 12th B Cross, Vyalikaval, within the jurisdiction of Vyalikaval police station assembled with an intention to make name in the rowdism.
b) In view of animosity against CW-1, since CW-1 who was amongst them and now left their group and acting against them, intended to murder him.
c) In view of the said intention, A-3 came in the auto rickshaw bearing registration No.KA-05 AC-2213 by carrying deadly weapons.
d) A-2 assaulted CW-1 with machete on his head. When CW-1 tried to escape, he sustained light bleeding head injury.
e) A-1 snatched machete from A-2 and assaulted on the right hand index finger of CW-1.
f) A-2 assaulted CW-1 also with a club. As a result, CW-1 sustained injuries on his right leg and left hand. 4 S.C.No:817/2014
g) A-3 to A-7 instigated CWs-1 and 2 to assault and murder CW-1 and thus, they attempted to commit murder of CW-1.
h) When CW-2 came in rescue of CW-1, A-2 assaulted CW-2 with a club. As a result, CW-2 sustained simple injuries on his left shoulder, left hand and right leg. Accordingly, the complaint was filed.
3. After investigation, the charge sheet is filed against A-1 to A-7.
4. The jurisdictional Magistrate has taken the cognizance against A-1 to A-7 for the offences alleged.
5. A-2 was in judicial custody and A-1, A-3 to A-7 are on bail.
6. Since the offences are exclusively triable by the Sessions Court, the trial Court has committed the case against A-1 to A-7.
7. On committal, the case was made over to this Court for disposal in accordance with law.
8. In response to the service of summons by this Court, A-1, A-3 and A-7 appeared before this Court and were enlarged on bail. A-2 was produced from JC. 5 S.C.No:817/2014
9. Since the concerned police have filed death certificate of A-2, after hearing, the case against A-2 was ordered to be abated vide order dated 05.12.2017.
10. Since, A-1, A-5 and A-7 remained absent and their presence could not be secured despite of issuing repeated process, the case against A-1 and A-5 was split up and registered in SC.No.418/2020 and A-7 in SC.No.240/2017.
11. After hearing both the sides on framing charges, charges framed and plea of A-3, A-4 and A-6 was recorded for the offences punishable under Sections 143, 147, 148, 307 and 324 read with Section 149 of IPC for which, all of them pleaded not guilty and claimed to be tried by this Court. Hence, the case was posted for trial.
12. In the course of trial, the prosecution in all got examined 6 witnesses i.e., CWs-1, 4, 6, 7, 3 and 8 respectively. Got exhibited 8 documents at Ex.P-1 to 8. Got marked 6 material objects at MOs-1 to 6.
13. Since there was no incriminating evidence against A-3, A-4 and A-6, their statement under Section 313 of Cr.P.C. is dispensed.
6 S.C.No:817/2014
14. Heard arguments of both the sides on merits of the case and perused the record.
15. Out of above said facts and circumstances of the case, the points that arose for the due consideration of this Court are;
1. Whether the prosecution proves beyond all reasonable doubt that A-3, A-4 and A-6, along with A-2 against whom the case is abated and A-1, A-5 and A-7 against whom the case is split up, on 20.01.2014 at 9:30 p.m. in front of house No.223, in a vacant place bearing No.223, 12th B Cross, Vyalikaval, within the jurisdiction of Vyalikaval police station formed an unlawful assembly and thereby they have committed an offence punishable under Section 143 read with Section 149 of IPC?
2. Whether the prosecution further proves beyond all reasonable doubts that in continuation A-3, A-4 and A-6, along with A-2 against whom the case is abated and A-1, A-5 and A-7 against whom the case is split up, formed an unlawful assembly and committed rioting and thereby they have committed the offence punishable under Section 147 read with Section 149 of IPC?
3. Whether the prosecution further proves beyond all reasonable doubts that in continuation A-3, A-4 and A-6, along with A-2 against whom the case 7 S.C.No:817/2014 is abated and A-1, A-5 and A-7 against whom the case is split up, formed unlawful assembly armed with deadly weapons like clubs, machete and thereby they have committed the offence punishable under Section 148 read with Section 149 of IPC?
4. Whether the prosecution further proves beyond all reasonable doubts that in continuation A-3, A-4 and A-6, along with A-2 against whom the case is abated and A-1, A-5 and A-7 against whom the case is split up, in order to murder CW-1, A-3 came in a the auto rickshaw bearing registration No.KA- 05 AC-2213 by carrying deadly weapons.
A-2 assaulted CW-1 with machete. As a result, CW-1 sustained light bleeding head injury.
A-1 snatched machete from A-2 and assaulted on the right hand index finger of CW-1.
A-2 assaulted CW-1 with a club.
As a result, CW-1 sustained injuries on his right leg and left hand.
Thus, the accused attempted to commit murder of CW-1 intentionally knowing fully well that such blow may end in death of CW-1 and thereby they have committed the offence punishable under Section 307 read with Section 149 of IPC?
5. Whether the prosecution further proves beyond all reasonable doubts 8 S.C.No:817/2014 that in continuation A-3, A-4 and A-6, along with A-2 against whom the case is abated and A-1, A-5 and A-7 against whom the case is split up, instigated A-1 and A-2 to commit criminal offence against CWs-1 and 2 and thereby committed the offence punishable under Section 114 read with Section 149 of IPC?
6. Whether the prosecution further proves beyond all reasonable doubts that in continuation A-3, A-4 and A-6, along with A-2 against whom the case is abated and A-1, A-5 and A-7 against whom the case is split up, when CW-2 came in rescue of CW-1, assaulted CW-2 with a club. As a result, CW-2 sustained simple injuries on his left shoulder, left hand and right leg and thereby they have committed the offence punishable under Section 324 read with Section 149 of IPC?
7. Whether the prosecution further proves beyond all reasonable doubts that in continuation A-3, A-4 and A-6, along with A-2 against whom the case is abated and A-1, A-5 and A-7 against whom the case is split up, A-2 intimated injury to the life of CWs-1 and 2 by brandishing the machete and thereby they have committed the offence punishable under Section 506(2) read with Section 149 of IPC?
8. What Order?
16. The answer of this Court to the above points are; 9 S.C.No:817/2014
1. Points Nos.1 to 7 : In Negative.
2. Point No.8 : As per the final order for the following reasons.
REASONS
17. POINTS Nos.1 TO 3:- As these points require common discussions, to avoid repetitions and for the sake of convenience, they are taken together for consideration.
18. In this case, the complainant police have filed charge sheet against A-1 to A-7 for the offences punishable under Sections 143, 147, 148, 307, 324, 506(2), 114 read with Section 149 of IPC. So, in this case, it is burden on the prosecution to prove the guilt against A-3, A-4 and A-6 for the above offences beyond all reasonable doubt with the material, supportive and corroborative evidence.
19. During the course of trial, as noted above, the prosecution in all got examined 6 witnesses i.e. PW-1 to PW-6. Got exhibited 8 documents at Ex.P-1 to Ex.P-8 and 6 material objects at MO-1 to MO-6.
20. Before proceeding with the appreciation of evidence on record, let this Court first to go through the relevant provisions of law covering the alleged offences so 10 S.C.No:817/2014 far these points i.e., Sections 143, 147, 148 and 149 of IPC which are extracted here below;
"143. Punishment.- Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description of a term which may extend to six months, or with fine, or with both.
21. So, it is necessary to go through the provisions of Sections 141 and 142 of IPC to know the ingredients of unlawful assembly and being the member of unlawful assembly which are extracted here below;
"141. Unlawful assembly.- An assembly of five or more persons is designated an unlawful assembly" if the common object of the persons composing that assembly is-
First.- To overawe by criminal force, or show of criminal force, (the Central or any State Government of Parliament or the Legislature of any State), or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offence;
or Fourth.- By means of criminal force, or show or criminal force, to any 11 S.C.No:817/2014 persons, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right or way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to force any right or supposed right; or Firth.- By means of criminal force, or show of criminal force, to compel any persons to do what he is not legally bound to do, or to commit to do what he is legally entitled to do.
Explanation.- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
22. So, the ESSENTIAL INGREDIENTS to constitute unlawful assembly are;
(a) There must be an assembly.
(b) The assembly must consist of five or more persons.
(c) the persons composition the assembly must have a common object, being a common object mentioned in
(d), (d), (f), (g) or (h) below.
(d) The common object may be, to overawe by criminal force.-
(i) the Central Government, or
(ii) the State Government, or 12 S.C.No:817/2014
(iii) Parliament or the Legislature of nay State, or
(iv) any public servant in the exercise of his lawful power
(e) Or the common object may be to resist the execution of:
(i) any law, or
(ii) any legal process.
(f) Or the common object may be to commit:
(i) mischief,
(ii) criminal trespass, or
iii) any other offence.
(g) or the common object may be by means of criminal force or show of criminal force to any persons-
(i) to take or obtain possession of any property, or
(ii) to deprive any person of any enjoyment of a right of way or of use of water or other incorporeal right of which he is in possession or enjoyment, or
(iii) to enforce any right or supposed right, or
(h) to the common object may be, by means of criminal force or show of criminal force, to compel any person-13 S.C.No:817/2014
(i) to do what he is not legally bound to do, or
(ii) to omit to do what he is legally entitled to do.
23. Section142 of IPC reads;
142. Being member of unlawful assembly.- Whoever, being aware of fact which render any assembly an unlawful assembly, intentionally joins that assembly or continues in it, is said to be a member of an unlawful assembly.
24. So, the ESSENTIAL INGREDIENTS to constitute member of unlawful assembly are;
(a) being aware of facts which render any assembly an unlawful assembly
(b) the intentionally-
(i) joints the assembly, or
(ii) continues in it.
25. Section 147 of IPC reads;
"147. Punishment for rioting.- Whoever is guilty of rioting, shall be punished with imprisonment of either description of a term which may extend to two years or with fine, or with both".
26. So, it is necessary to go through Section 146 of IPC which deals with 'rioting' and reads; 14 S.C.No:817/2014
"146. Rioting.- Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting".
27. Sections 148 and 149 of IPC read;
148.Rioting armed with deadly weapon.- Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
149. Every member of unlawful assembly guilty of offence committed in prosecution of common object.- If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, guilty of that offence.
28. In this case, it is the allegation of the prosecution that on the alleged date, time and place, with an animosity with CW-1, with an intention to kill him, the accused 15 S.C.No:817/2014 formed an unlawful assembly; committed rioting and they were armed with deadly weapons. So, the above prosecution allegations attract the offences alleged i.e., the allegations under consideration in these points.
29. To prove those allegations, the prosecution, as noted above, got examined 6 witnesses i.e., CWs-1, 3, 4 and 6 to 8.
30. It is stated in the charge sheet that CW-1 Sri.Darshan S/o Narasimha is the complainant and the victim. In his chief evidence though he admitted his signature over the complaint at Ex.P-1 and the spot and seizure mahazar at Ex.P-2, he has deposed that;
a) He does not know A-3 present before the Court on the date of his deposition and he did not give any complaint before the Vyalikaval police and nothing has been seized in his presence.
b) He did not suffer any injuries. He did not give any complaint or statement against the accused persons.
16 S.C.No:817/2014
31. So, the prosecution cross examined him and put forth its case by way of suggestions that;
a) On 21.02.2014, around 9:30 a.m, when he/CW-1 came in front of his house, the accused persons, came in an auto and all of a sudden wrongfully restrained him.
b) The accused Thriloka/A-2 assaulted with a machet over his head and when he tried to escape, he sustained the injuries over the left of the head.
c) At the same time, the accused Egg Rice Ravi/A
-1 assaulted him with a machet on his right hand and the accused Thrilok/A-2 assaulted him with a club over his left knee.
d) By the time, when CW-2 Vignesha came to his rescue, the accused Thriloka/A-2 assaulted with a club over the left hand and right leg of CW-2.
e) The other accused who were in the auto abated the accused Thriloka/A-2 by saying not leave them. 17 S.C.No:817/2014
f) The accused Srikantha @ Oosa/A-6 and Egg Rice Ravi/A-1 were saying that they will take care of and abated the other accused to kill him.
g) Then his younger brother Sumantha/CW-3, his aunts Smt.Leela/CW-4, Smt.Gowri/CW-8 and the neighbourers came to his rescue and observing the same, the accused persons went out of the scene and the accused Thriloka/A-2 shown him the machet and gave life threat.
h) Because of the assault, they/CWs-1 and 2 sustained severe injuries and with the police help, they took the treatment in KC General Hospital and thereafter, in Victoria Hospital and saying so, he gave his statement/the complaint before the police as per Ex.P-1.
i) On receipt of complaint, police came to the spot and conducted the mahazar at Ex.P-2 on 22.02.2014, in between 9:00 am to 10:05 am in the presence of Sri.Suraj and Sri.Vikas/CWs-9 and 10 respectively as 18 S.C.No:817/2014 well as seized the brick pieces, mud, the T shirt and the underwear and after reading over the recitals therein, he signed Ex.P-2.
j) The above stated properties are the properties shown to him at MOs.Nos.1 to 4.
k) The properties shown to him at MOs.Nos.5 and 6 are the machet and the wooden club with which the accused persons assaulted him.
l) He gave further statement before the police in respect of identification of the machet as per Ex.P-3.
32. Tough the recitals at Ex.P-1 to 3 are in support of the above suggestions of the learned public prosecutor, CW-1 has denied the above suggestions and thus, completely turned hostile to the prosecution.
33. It is stated in the charge sheet that CWs-3 to 8 are the eye witnesses to the incident. CW-3 has deposed that;
a) He does not know A-6 present before the Court on the date of his deposition and he also does not 19 S.C.No:817/2014 know A-3 Varadaraju @ Java and A- 4 Shashikumar @ Current.
b) CW-1 is his cousin. He does not know CWs-2 and 5. CW-4 is the younger sister of his father. CW-6 is his mother. CW-7 is the daughter of CW-4. CW-8 is his paternal junior aunt and he does not know the other charge sheet witnesses.
c) Around 5 to 6 years back, there was a galata in which, CW-1 sustained injuries, but, he did not witness the said incident and he did not say before the police that he saw the incident and rescued the injured/CW-1.
34. So, the prosecution cross examined CW-3 as well and put its case by way of suggestions that;
a) On 21.02.2014, around 9:30 p.m., when he was sitting in front of his house after finishing the supper, CW-1 also finishing his supper, was standing talking with CW-2 in the vacant site in front of his house.
20 S.C.No:817/2014
b) By that time, in a green top auto, the accused Srikanth @ Oosa/A-6, Thriloka/A-2, Ravi/A-1, Appi/A-5, Medda/A-7 and Java/A-3 came in the auto of Java/A-3 and all of a sudden wrong fully restrained CW-1.
c) By that time, the accused Thriloka/A-2 tried to assault CW-1 with chopper and in the course of escaping from the said throw, CW-1 sustained injury over the left side of the head.
d) At the same time, Egg Rice Ravi/A-1 by forcibly snatching the chopper from the hands of Thriloka/A-2 assaulted with the same chopper on the right arm of CW-1.
e) Again Thriloka/A-2 assaulted over the left knee of CW-1 with a club.
f) At the same time, when CW-2 Vignesh went to the rescue of CW-1, the accused Thriloka/A-2 assaulted with the chopper over the left and right hand of CW-2.
21 S.C.No:817/2014
g) The remained accused sitting in the auto abated the accused Srikantha/A-6, Thriloka/A-2 and Egg Rice Ravi/A-1 by saying "not to leave and to kill, they will see whatever may happen".
h) By that time, thinking that the accused will murder CW-1, he/CW-3 and CWs-4, 8 and the neighbourers rushed to rescue CW-1 and on observing the same, the accused went out of the scene in the same auto rickshaw.
i) At the time of leaving the spot, the accused Thriloka/A-2 threatened their lives by showing the chopper.
j) All the above accused with an intention to murder CW-1 by conspiring with each other and forming with an unlawful assembly armed with deadly weapons, came to the above spot, assaulted CW-1 and caused severe injuries to him.
k) As CW-1 had severe bleeding from the right arm, they took him to Ramakrishna Hospital for first 22 S.C.No:817/2014 aid and thereafter, with the help of police, got shifted to KC General Hospital and there from Victoria Hospital.
l) In the course of treatment, around 30 to 40 stitches were done to CW-1 for the injuries he has sustained.
m) He witnessed the incident personally and saying the above fact and assuring to identify the accused, he gave statement before the police as per Ex.P-7.
35. Though the statement of CW-3 at Ex.P-7 is in support of the above suggestions of the prosecution, CW-3 has denied the above suggestions and thus, turned hostile to the prosecution.
36. The evidence of other eye witnesses i.e., CWs- 4 and 6 to 8 is also similar to the evidence of CW-3 noted above. Thus, though their statements on record at Ex.P-4 to 6 and 8 are in support of the prosecution, they will not come to the aid of the prosecution as the 23 S.C.No:817/2014 witnesses i.e., CWs-4 and 6 to 8 turned hostile. Thus, none of the witnesses examined before Court supported the prosecution.
37. Though the prosecution has produced the properties i.e., 4 pieces of cement bricks, sample mud, coffee colour T shirt, Blue colour underwear, half handle wooden patti and wooden clubs at MOs.1 to 6, in view of all the witnesses i.e., the complainant, injured and the eye witnesses completely turning hostile, there is no evidence with regard to the accused having the above deadly weapons committing rioting by forming an unlawful assembly with an intention of committing crime.
38. Therefore, the prosecution has failed to establish these allegations against the accused i.e., so far this case, A-3, A-4 and A-6 beyond all shadow of doubts. Accordingly, these points are answered in negative.
24 S.C.No:817/2014
39. POINTS Nos.4 TO 7:- As these points require commons discussions, to avoid repetitions and for the sake of convenience, these points are taken together for consideration.
40. Before proceeding further, let this Court to see the relevant provisions of law dealing with these points i.e., the offences under Sections 307, 114, 324 and 506(2) of IPC which are extracted below;
"307. Attempt to murder.- Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act cause d death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
Attempts by life convicts.- When any person offending under this Section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
114. Abettor present when offence is committed.- Whenever any person, who is absent would be liable 25 S.C.No:817/2014 to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
Section 114, Illustration (b).- Section 114, Illustration (b) provides that the Court may presume that the evidence of an accomplice is unworthy of credit unless corroborated, "may" is not must and no decision of Court can make it must. The Court is not obliged to hold that he is unworthy of credit.
ESSENTIAL INGREDIETNS are
(a) The accused abets an offence so that, if absent, he would be liable to be punished as an abettor.
(b) The accused is present when the act or offence is committed.
(c) The act or offence must be one for which he would be punishable in consequent of the abetment.
41. The next offence alleged for which the charges are framed is Section 324 of IPC which is extracted here below;
"324. Voluntarily causing hurt by dangerous weapons means. - Whoever, except in the case provided for by Section 334, voluntarily causes hut by means of any instrument for shooting, stabbing or cutting, or any instrument which, used a weapon of offence, is likely to cause death, or by means of fire or any heated substance 26 S.C.No:817/2014 or by means of any poison or any corrosive substance, or by means of any explosive substance for by means of any substance which it is deleterious to the human body of inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment or either description for a term which may extend to three years, or with fine, or with both.
42. So, let this Court to go through the provision of Section 334 of IPC which reads;
"334. Voluntarily causing hurt on provocation.- Whoever voluntarily caused hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for term which may extend to one month or with fine which may extend to five hundred rupees, or with both".
43. The next offence for which charge framed is Section 506(2) of IPC which reads;
"506. Punishment for criminal intimidation.- Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.27 S.C.No:817/2014
If thereat to be cause death or grievous hurt, etc.- And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death for imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
44. For better understanding of the above provision let this Court to know first what is criminal intimidation which is defined in Section 503 of IPC which is extracted here below;
"503. Criminal intimidation.- Whoever threatens another with any injury to his person, reputation or property, or to the persons or reputation of any one in whom that person is interested, with intent to cause alarm to that person, on to cause that person to do any act which he is not legally bound to do, or to omit to do any such act which that person is legally entitled to do as the means of avoiding the execution of such threat, commits criminal intimidation.
Explanation.- A threat to injure the reputation of any deceased person 28 S.C.No:817/2014 in whom the person threatened is interested, is within this Section".
45. So, the ESSENTIAL INGREIDENTS are;
"(a) A person threatens another with injury.
(b) The injury is to-
(i) his person, reputation or property, or
(ii) to the person or reputation of any one in whom that person is interested.
(c) The intention is -
(i) to cause harm to that person, or
(ii) to cause that person to do any act which he is not legally bound to do as means of avoiding, execution of such threats, or
(iii) to cause that person to omit to do any act which that person is legally entitled to do as the means of avoiding execution of such threat.
46. In this case, as noted above, it is the allegations of the prosecution that the accused in continuation of the above allegations discussed under points Nos.1 to 3,
a) Came in the auto rickshaw bearing registration No.KA-05 AC-2213 by carrying deadly weapons.
b) A-2 assaulted CW-1 with machete. As a result, CW-1 sustained light bleeding head injury. 29 S.C.No:817/2014
c) A-1 snatched machete from A-2 and assaulted on the right hand index finger of CW-1.
d) A-2 assaulted CW-1 with a club. As a result, CW-1 sustained injuries on his right leg and left hand.
e) The other accused instigated A-1 and A-2 to commit criminal offences against CWs-1 and 2.
f) When CW-2 came in rescue of CW-1, assaulted CW-2 with a club. As a result, CW-2 sustained simple injuries on his left shoulder, left hand and right leg.
g) A-2 intimidated injury to the life of CWs-1 and 2 by brandishing the machete and thereby committed the offences under discussions in these points.
47. But, as noted above, all the witnesses examined for the prosecution completely turned hostile to the prosecution and thus, though the complaint at Ex.P-1, spot and seizure mahazar at Ex.P-2, the further statement of CW-1 at Ex.P-3, the statements of the eye witnesses i.e., CWs-3, 4 and 6 to 8 respectively at Ex.P-7, 4 to 6 and 8 are in support of the prosecution, in view of the complainant, injured, eye witnesses turning hostile, the above documents at Ex.P-1 to 8 are not helpful to the prosecution 30 S.C.No:817/2014 as admittedly, except the complaint at Ex.P-1, all the other documents are prepared by the police in the course of investigation and the statements of the witnesses are admittedly, on the alleged statements given by the witnesses.
48. Though the properties at MOs.Nos.1, 5 and 6 are deadly weapons, in view of the eye witnesses turning hostile, there is no evidence in respect of usage of those weapons in the commission of the offences alleged that too by the accused. Hence, the properties at MOs.Nos.1 to 6 are also not helpful to the prosecution to prove its allegations.
49. Of course, the prosecution has sought for reissue and issue of the process to the other witnesses. The remaining witnesses are;
a) CW-2/the injured eye witness.
b) CW-5/one of the eye witnesses.
c) CWs-9 and 10/the panchas to the spot and seizure mahazar at Ex.P-2 where under MOs.Nos.1 to 4 i.e., 4 pieces of cement bricks, sample mud, coffee colour T Shirt and Blue underwear were seized.
31 S.C.No:817/2014
d) CWs-11 to 12/the panchas to the seizure mahazar of MOs.Nos.5 and 6 i.e., half handle wooden patti and wooden clubs.
e) CWs-13 and 14/the panchas to the seizure mahazar of the auto and a wooden club.
f) CWs-15 to 19/the police officials searched, brought and produced A-1 to A-5 before the IO.
g) CW-20/the police official searched, brought and produced A-7 before the IO.
h) CW-21 is the medical officer treated the injured/CWs-1 and 2 and issued the wound certificates.
i) CW-22 is the then ASI registered the case.
j) CWs-23 and 24 are the IOs.
50. Even for the sake of arguments, it is accepted that the above witnesses were summoned, examined before the Court and they gave evidence supporting the prosecution, then also by their evidence i.e., from the evidence of,
a) CW-2/the injured eye witness, though there was no hope of securing his presence as the process issued and reissued against him returned unserved as address not 32 S.C.No:817/2014 traced and though there is no hope of his supporting the prosecution as none of the other witnesses i.e., the complainant, injured and eye witnesses not supporting the prosecution who are none other than the relatives and the neighbourer, then also, from his examination, prosecution might have been let in the evidence with regard to his sustaining injuries in the incident and the accused committing the alleged crime against him and CW-1, but admittedly, there is no supportive and corroborative evidence on record to his evidence.
b) CW-5/one of the eye witnesses. Once again there was no hope of securing his presence as the process issued and reissued against him returned unserved as left the address and though there is no hope of his supporting the prosecution as the other witnesses who are his relatives and neighbourers turned hostile, then also, from his evidence, once again the prosecution might have been let in the evidence with regard to the incident, but as observed above, there would have been no corroborative evidence on record to his evidence as well.
33 S.C.No:817/2014
c) CWs-9 and 10/the panchas to the spot and seizure mahazar at Ex.P-2 where under MOs.Nos.1 to 4 i.e., 4 pieces of cement bricks, sample mud, coffee colour T Shirt and Blue underwear were seized.
(i) CWs-11 to 12/the panchas to the seizure mahazar of MOs.Nos.5 and 6 i.e., half handle wooden patti and wooden clubs.
(ii) CWs-13 and 14/the panchas to the seizure mahazar of the auto and a wooden club. Though, CWs-9 to 14 gave evidence supporting the prosecution, admittedly their evidence is a corroborative piece of evidence and there would be no supportive evidence to their evidence to prove the prosecution allegations in view of the complainant, injured and the eye witnesses turning hostile.
d) CWs-15 to 19/the police officials searched, brought and produced A-1 to A-5 before the IO.
(i) CW-20/the police official searched, brought and produced A-7 before the IO. CWs-15 to 20 who are official witnesses, definitely, they would give evidence supporting the prosecution, but unless the prosecution lets in the evidence with regard to the involvement of the accused in 34 S.C.No:817/2014 the incident, the evidence with regard to the search and arrest of the accused is not helpful to the prosecution.
e) CW-21 is the medical officer treated the injured/CWs-1 and 2 and issued the wound certificates. CW-21 being the official witness definitely should have given evidence in respect of the injuries sustained by CWs- 1 and 2 and his treating the injured/CWs-1 and 2 and issuing the wound certificate, but unless the prosecution let in the evidence that the said injuries were caused to CWs-1 and 2 due to the assault of the accused persons, the evidence of CW-21 is not helpful to the prosecution to prove its allegations against the accused.
f) CW-22 is the then ASI registered the case.
(i) CWs-23 and 24 are the IOs. Admittedly, Cws-22 to 24 definitely should have given evidence in respect of the investigation they have conducted. But, admittedly, the investigating officer comes to the conclusion against the accused and files charge sheet based on the statements given by the witnesses and other medical evidence and the material objects.
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51. In this case, as noted above, the complainant, the injured and the eye witnesses completely turned hostile to the prosecution with regard to their giving statements/further statements before the IO. Hence, based on the evidence of IO alone, the prosecution cannot prove its case beyond all the shadow of doubts. Therefore, the non issuance and reissuance of the process to the remaining witnesses is not fatal to the prosecution.
52. From the above discussions, it is clear that the prosecution has failed to establish its allegations against the accused in respect of the offences under discussions in these points beyond all the reasonable doubts. Hence, these points are also answered in negative.
53. POINT No.8:- In view of the findings to above points Nos.1 to 7 and for the reasons discussed above, this Court proceeds to pass following order.
ORDER Acting Under Section 235(1) of Cr.P.C., A-3, A-4 and A-6 are hereby acquitted for the offences punishable under Sections 143, 147, 148, 307, 114, 324 and 506(2) read with Section 149 of of IPC.
36 S.C.No:817/2014The bail bonds and the surety bonds executed by and on behalf of A-3, A-4 and A-6 shall be canceled after lapse of appeal period.
Office is directed to keep the properties at MOs.Nos.1 to 6 intact for trial in the split up case against A-1 and 5 in SC.No.240/2017 and A-7 in SC.No.418/2020.
(Dictated to the Judgment Writer directly on computer, corrected by me and then pronounced in the open Court on this the 30th day of September, 2021).
(K. KATHYAYANI), LXVI Addl.CC & SJ, Bengaluru.
-:ANNEXURE:-
LIST OF WITNESSES EXAMINED BY THE PROSECUTION:-
PW.1 Sri.Darshan
PW.2 Smt.Neela
PW.3 Smt.Vijaya
PW.4 Kum.Shubha
PW.5 Sri.Sumanth
PW.6 Smt.Gowri
LIST OF WITNESS EXAMINED FOR DEFENCE :-
- None -
LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:-
Ex.P-1 Complaint
Ex.P-1(a) Signature of PW1
Ex.P-2 Spot Mahazar
Ex.P-2(a) Signature of PW1
Ex.P-3 Further statement of PW-1
37 S.C.No:817/2014
Ex.P-4 Statement of PW-2
Ex.P-5 Statement of PW-3
Ex.P-6 Statement of PW4
Ex.P-7 Statement of PW5
Ex.P-8 Statement of PW6
LIST OF DOCUMENTS EXHIBITED FOR DEFENCE:-
- Nil -
LIST OF MATERIAL OBJECTS MARKED FOR PROSECUTION:
MO-1 4 pieces of cement bricks
MO-2 Sample mud
MO-3 Coffee color T shirt
MO-4 Blue inner wear
MO-5 ½ handle wooden patti
MO-6 Wooden clubs
LIST OF MATERIAL OBJECTS MARKED FOR DEFENCE:
- Nil -
(K. KATHYAYANI), LXVI Addl.CC & SJ, Bengaluru.38 S.C.No:817/2014
A-3, A-4 and A-6 as well as their counsel are present.
The Judgment is pronounced in the open Court (vide separate Order).
ORDER Acting Under Section 235(1) of Cr.P.C., A-3, A-4 and A-6 are hereby acquitted for the offences punishable under Sections 143, 147, 148, 307, 114, 324 and 506(2) read with Section 149 of of IPC.
The bail bonds and the surety bonds executed by and on behalf of A-3, A-4 and A-6 shall be canceled after lapse of appeal period.
Office is directed to keep the properties at MOs.Nos.1 to 6 intact for trial in the split up case against A-1 and 5 in SC.No.240/2017 and A-7 in SC.No.418/2020.
LXVI Addl.CC & SJ, Bengaluru 39 S.C.No:817/2014