Bangalore District Court
State By Basaveshwaranagar P. S vs Parameshwar S/O Ningaiah on 22 May, 2015
IN THE COURT OF THE V ADDL. C.M.M., AT BANGALORE.
Dated this the Friday the 22nd day of May 2015
Present: Sri B. Venkatesha, B.Sc., LL.B
V Addl., CMM., Bangalore.
CC No.15948/2014
Complainant State by Basaveshwaranagar P. S.,
(By Sr. APP B'lore)
V/s
Accused Parameshwar S/o Ningaiah, 35 Yrs.,
R/a No.329, 7th Cross, III Stage,
4th Blcok, JC Nagar, Basaveshwaranagar,
Bangalore-79.
(Rep. by Sri KNS, Adv.,)
JUDGMENT AS PER SEC.355 Cr.P.C.,
1. Serial Number of the case : CC No.15948/2014
2. Date of the commission of the
offence : 23.2.2014
3.The name of the complainant : Smt. Usharani
4.Name of the accused person
and his parentage and residence: As stated above.
5.The offence complained off : U/s.498A and 323 of IPC
and proved .
6.The plea of the accused and : Pleaded not guilty and denied
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his examination the incriminating evidence.
7.The final order : Acquitted
8.The date of such order : 22.05.2015.
THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief as set out in Cl. No.7 of
charge sheet is that the complainant-Smt. Usha Rani is the legally
wedded wife of the accused and they started to reside at
residential house bearing No.329, 7th Cross Road, JC Nagar, III
Stage, 4th Block, within the limits of Basaveshwaranagar P.S.,
Bangalore. The accused started to quarrel with the complainant
for petty reasons, abused and assaulted her and further ousted
her from the house by insulting her. And on 22.01.2014 during
night hours at about 8.40 p.m. when they were talking with
regard to loan, the accused persons picked up quarrel with the
complainant, assaulted her with the help of a plastic pipe,
dragged her and further assaulted her with hands, voluntarily
caused hurt, and ill-treated her physically and mentally. Thus, the
accused person has committed the aforesaid offences as alleged.
3 CC No.15948/2014
2.During crime stage, the accused person enlarged on
regular bail. After submission of this charge sheet, this court has
taken cognizance of the aforesaid offences against the aforesaid
accused person. Copies of the charge sheet have been furnished
to the accused person as per Sec. 207 of Cr.P.C. With no
objection from the Counsel for the accused, this Court framed
charge for the aforesaid offences against him. The same read
over and explained to the accused in the language known to him.
The accused person pleaded not guilty. The prosecution has
examined the complainant, as PWs.1 and it has got marked two
documents as Ex.P-1 and P2. Statement of the accused has been
dispensed since no incriminating evidence placed against him.
3.Heard the arguments of both sides, perused evidence
placed before the court.
4.The Ex.P-1 is the oral statement of the complainant dtd.,
24.02.2014 that submitted to the then SHO of
Basaveshwaranagar P.S., Bangalore. Ex.P-2 is the Mahazar dtd.,
26.02.2014 that prepared by the IO in the presence of the
4 CC No.15948/2014
complainant and others in between 10.30 a.m. to 11.15 a.m. at II
Floor, residential house bearing No.329, 7th cross, 4th Block, III
Stage, that situated at Basaveshwaranagar P.S., limits, Bangalore.
5.This case has been registered in view of the complaint
submitted by the complainant-Smt.Usharani W/o Parameshwar,
28 Yrs., In the oral staement marked at Ex.P1, the complainant
has specifically stated to the then SHO of Basaveshwaranagar
P.S., by reiterating almost all the facts as averred in Col., 7 of the
charge sheet and in Para No.1 of this judgment. Ex.P-1 discloses
that the accused Parameshwar is the husband of the complainant.
6. Whereas during the course of examination in chief,
complainant-Smt. Usharani has deposed evidence before this
Court that the accused never caused physical or mental cruelty on
her nor assaulted her. PW-1 has deposed that she was not
lodged the complaint against the accused person by stating that
he has been causing physical and mental cruelty on her nor
assaulted her. She has specifically stated that signatures marked
as Ex.P1a and 2a on documents marked at Ex.P-1 and 2 are her
5 CC No.15948/2014
signatures. But, she didn't know the contents of the documents
marked in Ex.P-1 and 2. PW.1 has deposed that she didn't know
that for when, where and for what reason she put her signatures
on the documents marked as Ex.P-1 and P-2.
7. PW.1 is treated as a hostile witness at the request of the
prosecution. She was subjected to cross examination on behalf of
case of the prosecution. But nothing is elicited in support of the
case of the prosecution in the evidence of PW.1 that recorded
during the course of her cross-examination. The evidence of PW.1
did not disclose that the accused person has committed the
offences as alleged against him. Since the complainant turned as
hostile, other witnesses have been discharged since no purpose
would be survived if they were examined in view of the judgment
of Hon'ble Apex Court that reported in 1996(3) Crime 85.
Therefore, it would be very difficult to accept that the accused
person has committed the aforesaid offences as alleged.
Therefore, I am of opinion that the prosecution miserably has
failed to prove its case as alleged against the accused person
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beyond all reasonable doubt. The accused person is entitled for
acquittal.
8. In view of the aforesaid discussion, this court proceed to
pass the following:-
ORDER
By acting U/s 248(1) Cr.P.C. the aforesaid accused person is hereby acquitted of the offences punishable U/s.498A and 323 of IPC.
he shall be set at liberty forthwith if he is not required to other cases. However, his bail bond is hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., Refund cash security amount of Rs.4,000/- to the accused after expiry of appeal period.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the Friday the 22nd day of May 2015).
(B.VENKATESHA) V Addl.C.M.M., B'lore.
7 CC No.15948/2014ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
PW.1 Smt. Usharani
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P1 : Oral statement of complainant dt., 24.02.2014 Ex.P2 : Mahazar dt., 26.02.2014.
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION:
NIL (B. VENKATESHA) V Addl., C.M.M., B'lore.8 CC No.15948/2014
22.05.2015 Case called. Accused pt.,/abt., State by Sr. APP Judgement pronounced in the open Court as under
Accused on bail vide separate Judgement kept in the file For Judgement By acting U/s 248(1) Cr.P.C. the aforesaid accused person is hereby acquitted of the offences punishable U/s.498A and 323 of IPC.
he shall be set at liberty forthwith if he is not required to other cases. However, his bail bond is hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., Refund cash security amount of Rs.4,000/- to the accused after expiry of appeal period.
(B.VENKATESHA) V Addl. C.M.M., B'lore.9 CC No.15948/2014