Bangalore District Court
State By: Madivala Police Station vs A1: Sri.Monisha @ Manish S/O Late Kumar on 28 June, 2016
1 C.C.24669/2014
IN THE COURT OF III ADDL. CHIEF METROPOLITAN
MAGISTRATE
BENGALURU CITY
Dated this 28th June 2016
Present: Sri.S.T.Devaraja, B.Sc.,LL.B.,
C.C.No:24669/2014
Complainant : State by: Madivala Police Station
V/s
Accused : A1: Sri.Monisha @ Manish S/o Late Kumar,
Aged about 20 yrs, R/at:No:65,
4th Cross, Jai Bheemanagar,
Madivala, Bengaluru.
(Dead)
A2: Sri.Manja @ Kallamanja S/o Ramesh,
Aged about 19 yrs, 13th Cross,
Venkateshwara Layout,
Madivala, Bengaluru.
A3: Sri.Sunil @ Yendri S/o Ravikumar,
Aged about 20 yrs, 13th Cross,
Near Netravathi Bar,
Madivala, Bengaluru.
(By Smt.NKN Adv., Bengaluru)
---
2 C.C.24669/2014
JUDGEMENT U/Sec. 355 of Cr.P.C.
Case No. : C.C.No.24669/2014
Date of offence : 1/5/2014
Complainant : Sri.Arunkumar
Accused : As above
Offence : U/Secs.341, 323 and 326
r/w Section 34 of IPC
Charge : Accused claimed to be tried
Final order : Acquitted
Date of order : 28/6/2016
The brief statement
and the Reasons for the
decision : As follows
---
The P.S.I. of Madivala Police have filed the chargesheet
against the accused persons for the offences punishable
U/Secs.341, 323 and 326 r/w Sec.34 of IPC.
3 C.C.24669/2014
2. The brief facts of the case of the prosecution is as
follows:
It is the case of the prosecution that on 1/5/2014 at
about 9.00 p.m. the Cw.1 by name Sri.Arun Kumar was
proceeding near Dollars Colony ground at that time the
accused persons having common intention wrongfully
restrained, started quarrel without any reasons, the accused
No.1 assaulted on the backside of his head by making use of
a stone, the accused Nos. 2 and 3 assaulted by their hands
resulting in simple and grievous injuries. Based on the
complaint of CW.1, the Madivala Police have registered a
case in Crime No.592/2014 and after completion of
investigation filed the chargesheet.
3. The accused appeared before the Court and engaged
the services of a counsel. The charges framed by the learned
predecessor and the accused claimed to be tried. During the
pendency of the case the accused No.1 reported to be dead,
hence, the case against the accused No.1 is abated.
4 C.C.24669/2014
4. The prosecution has examined PW.1 and relied upon
the documents as per Ex.P1 to Ex.P3. The 313 of Cr.P.C.
statement is dispensed. No defence evidence adduced by the
accused persons.
5. Heard, perused the entire case records.
6. The following points arise for my consideration:
1.Whether the prosecution has proved the case
beyond all reasonable doubt for the offences
punishable U/Secs.341, 323 and 326
r/w Sec.34 of IPC?
2. What Order?
7. My findings on the above points are as hereunder:
Point No.1: In the Negative
Point No.2: As per final order
For the following:
::REASONS::
8. Point No.1: The prosecution has examined one
Sri.Arun Kumar as Pw.1. Inspite of identifying the signatures
as per Ex.P1(a) and Ex.P2(a) it is his contradictory evidence
5 C.C.24669/2014
he do not know the accused persons as well as the case of
the prosecution and the contents of Ex.P1 and Ex.P2. It is
his contradictory evidence no articles was seized in his
presence. In view of the nature of evidence the witness has
been treated as hostile. Inspite of suggesting the contents of
Ex.P1 to Ex.P3 as well as the seizer of stone has been
denied.
9. On consideration of the materials available on record
the examined witness has not supported the case of the
prosecution. In view of the nature of evidence of PW.1 the
prayer of the learned Sr.APP to issue summons to other
witnesses rejected. The available evidence is not sufficient to
prove the case of the prosecution. Thereby, the prosecution
has utterly failed to prove the case beyond all reasonable
doubt. Hence, I answered Point No.1 in the Negative.
10. Point No.2: In the result, I proceed to pass the
following:
6 C.C.24669/2014
::ORDER::
Acting U/Sec.248(1) of Cr.P.C., the accused persons are hereby ACQUITTED for the offences punishable U/sec.341, 323 and 326 r/w Sec.34 of IPC.
The bail bond and surety bond stand cancelled.
The property subjected at PF.No:120/2014 dated 2/5/2014 being worthless is ordered to be destroyed after appeal period.
(Dictated to the stenographer on computer transcribed by her, corrected and then pronounced by me in open Court on this the 13/6/2016).
(S.T.Devaraja), III Addl., Chief Metropolitan Magistrate, Bengaluru City.
::ANNEXURE::
1. List of witnesses examined for the prosecution: 7 C.C.24669/2014
PW.1: Sri.Arun Kumar
2. List of Documents on the side of the prosecution:
Ex.P1: Complaint Ex.P2: Mahazar Ex.P1(a):P2(a): Signatures of PW.1 Ex.P3: Further Statement of PW.1
3. Material objects marked: Nil
4. Defence evidence: Nil
- --
III Addl., Chief Metropolitan Magistrate, Bengaluru City.