Bangalore District Court
Vijaynagar Police Station vs Poornachandra on 1 August, 2024
-1- C.C.No.24643/2021
KABC030502282023
IN THE COURT OF XXIV ADDL. CHIEF
JUDICIAL MAGISTRATE, BENGALURU
DATED THIS THE 1st DAY OF AUGUST 2024
Present:SRI.VISHWANATH C.GOWDAR
B.A.L., LL.M.,
C/C.XXIV ADDL. C.J.M., BENGALURU.
C.C. No.28721/2023
COMPLAINANT The State of Karnataka through
: Vijayanagara Police station
(Rep by Learned APP)
V/s.
Accused 1.Poornachandra @ Poornachandra S.S
: S/o Srinivasa Murthy,
Aged about 37years
R/at No.252, D.Lokesh
9th Main Road, Vijayangara,
Bengaluru.
2. Divyachandra @ Divyachandra.S.S
S/o Srinivasa Murthy,
Aged about 39 years
R/at No.594, 1st main, 1st Cross,
Mysore Road Nagar, Beereshwara Temple,
Kavika Layout, Bapujinagara,
Bengaluru City.
(Rep.by Sri.CS - Advs)
1. Date of commission of : 1/05/2023
offense
2. Date of report of offence 02-05-2023
-2- C.C.No.24643/2021
3. Date of arrest of the : Accused are in bail
accused
4. Name of the complainant : Smt.Usha
5. Date of commencement of : 27.07.2024
recording of evidence
6. Date of conclusion of : 27.07.2024
recording of
7. Offence complained of : Offences punishable under
Sections 498 (A) 354, 323,
504 & 506 r/w section 34
of IPC and 4 of DP Act.
8. Opinion of the Judge Accused is not found guilty
of the offences under Sec.
498(A) 354, 323, 504 & 506
r/w section 34 of IPC
C/c. XXIV A.C.J.M., BENGALURU.
JUDGMENT
The PSI of Vijayanagara Police station has filed chargesheet against accused persons for the offences punishable Under Sections 498(A) , 354, 323, 504 & 506 r/w section 34 of IPC.
1. THE BRIEF FACTS OF THE PROSECUTION'S CASE IS AS FOLLOWS:
That, CW-4/PW-2 being the legally wedded wife of accused No.1 led cordial marital life with accused No.1 at his house situated at Vijayanagara, Bengaluru. On 1.5.2023 PW2 at about 6-00 PM PW2 called her mother CW/PW1 over the phone and informed regarding accused NOs1 & 2 having picked up quarrel with her, assaulted by their hands over her body and suffering from severe stomach pain. The PW2 requested PW1 to come down to her house, accordingly on PW1 having rushed to the house of accused persons at around 7-00
-3- C.C.No.24643/2021 PM, on PW1 having questioned accused persons as to the aforesaid ill-treatment to PW2, accused persons are abused in the filthy language, accused NO.1 pulled PW1 hither and thitter and pushed on the ground and pulled her saree and accused No.2 provoked accused No.1 to kill PW1. Thereafter, PW2 intimated PW1 regarding herself being at hospital, wherein PW2 was found to be pregnant and accused No.1 has denied his relationship with the foetus and threatened PW1 & 2 with dire consequences of life and thereby accused persons have committed offences punishable under 498(A), 323,354, 504, & 506, 494 R/w Section 34 of IPC.
3. On receipt of First Information statement by the complainant/PW1, Vijayanagara Police have registered the case in Cr.No.57 /2023 for the offences punishable 498(A), 323,354, 504, & 506, 494 R/w Section 34 of IPC transmitted the FIR to the jurisdictional Magistrate. After completion of investigation, the IO has filed the final report against the accused for having committed the offence punishable U/s.498(A) , 323,354, 504, & 506, 494 R/w Section 34 of IPC.
4. Thereafter, my predecessor in office after careful examination of the charge sheet and prosecution papers has taken cognizance of offences U/s. 498(A), 323,354, 504, & 506, 494 R/w Section 34 of IPC.
5. On service of summons, the accused Nos.1 & 2 appeared through counsel and filed bail application.The same was considered and the accused persons have been enlarged on bail
6. After appearance of accused persons charge sheet copy, statement of the witnesses and documents along with the charge
-4- C.C.No.24643/2021 sheet has been supplied to the accused persons in compliance of Sec.207 of Cr.P.C. Thereafter, my predecessor in office has heard the learned Sr.APP and the counsel for accused and framed charge by reading over and explaining the allegations of the prosecution to the accused for the offences punishable U/s.498(A),323,354,504,& 506 R/w Section 34 of IPC. The accused persons have not pleaded guilty and claimed to be tried.
7. The prosecution has examined PWs 1 & 2 and got marked in all four documents as Ex.P.1 to 4 and got closed its evidence.
After closing the prosecution's side of evidence and by considering the evidence placed before this Court, the statement of accused persons under Section 313 of Cr.P.C. is dispensed with as there is no incriminating materials appearing against the accused persons. Thereafter, the compliance of section 437 (A) of Cr.P.C was dispensed at the instance of accused by continuing earlier personal bond and cash security.
8. Heard both the sides. Perused final report , oral and documentary evidence adduced by the prosecution .
9. On the basis of the above, the following points arise for the consideration of this court viz;
1.Whether the prosecution proves beyond all reasonable doubts that, after the marriage between PW-2 and accused No.1 on 9.11.2018 while PW-2 and accused Nos.1 and 2 were residing within the limits of Vijayanagara P.S, Bengaluru CW-4/PW-2 being the legally wedded wife of accused No.1, led cordial marital life with accused No.1 and accused no.2 with a common intention of committing an offence have started ill treating PW-2 and
-5- C.C.No.24643/2021 she was subjected to mental and physical cruelty in the hands of accused persons and thereby the accused persons have committed an offence punishable under section 498(A) R/w 34 of IPC?
2.Whether the prosecution proves beyond all reasonable doubts that on 1.5.2023 at about 6-00 PM in the house of accused persons bearing NO.252, 9th Main, Vijayanagara, Bengaluru the accused Nos.1 & 2 assaulted CW4/PW2 by their hands and thereby PW2 sustained severe stomach pain and thereby accused persons have committed an offence punishable under section 323 R/w 34 of IPC?
3. Whether the prosecution proves beyond all reasonable doubts that on 1.5.2023 at about 7-00 PM near the house of accused persons bearing NO.252, 9th Main, Vijayanagara, Bengaluru the accused No.1 pulled PW1 by holding her hands outside the house and tried to disrob her by pulling her saree and thereby accused persons with common intention have outraged the modesty of PW1 and thereby accused persons have committed an offence punishable under section 354 R/w 34 of IPC?
4) Whether prosecution proves beyond all reasonable doubts that on aforesaid date, time and place accused persons with an common intention picked up quarrel with PW1, abused her in filthy language and thereby accused persons committed an offence punishable U/s 504 r/w section 34 of IPC?
5) Whether prosecution proves beyond all reasonable doubts that the on the aforesaid date time and place accused
-6- C.C.No.24643/2021 threatened PWs1& 2 with dire consequence of life and thereby accused persons committed an offence punishable U/s 506 r/w section 34 of IPC ?
6). What order?
10. On the basis of the oral and documentary evidence, my findings to the above points are as under:
Point No.1 : In the Negative, Point No.2 : In the Negative, Point No.3 : In the Negative, Point No.4 : In the Negative, Point No.5 : In the Negative, Point No.6 : As per the Final order for the following:
:: REASONS ::
11. REASONING ON POINT Nos.1to 5 : The prosecution burdened to prove the guilt of accused beyond all reasonable doubts has examined Pws 1 & 2 and got marked 4 documents as Ex.P1 to 4 and got closed its side of evidence.
12. It is prosecution case that, CW-4/PW-2 being the legally wedded wife of accused No.1 led cordial marital life with accused No.1 at his house situated at Vijayanagara, Bengaluru. On 1.5.2023 PW2 at about 6-00 PM PW2 called her mother CW/PW1 over the phone and informed regarding accused NOs1 & 2 having picked up quarrel with her, assaulted by their hands over her body and suffering from severe stomach pain. The PW2 requested PW1 to come down to her house, accordingly on PW1 having rushed to the
-7- C.C.No.24643/2021 house of accused persons at around 7-00 PM, on PW1 having questioned accused persons as to the aforesaid ill-treatment to PW2, accused persons are abused in the filthy language, accused NO.1 pulled PW1 hither and thitter and pushed on the ground and pulled her saree and accused No.2 provoked accused No.1 to kill PW1. Thereafter, PW2 intimated PW1 regarding herself being at hospital, wherein PW2 was found to be pregnant and accused No.1 has denied his relationship with the foetus and threatened PW1 & 2 with dire consequences of life and thereby accused persons have committed offences punishable under 498(A), 323,354, 504, & 506, 494 R/w Section 34 of IPC.
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13. CW-1 who is arrayed as the Victim is examined as PW-1. She has also accounted as to CW4/PW2 being her daughter and she has lodged the First Information Statement in connection to the case in hand in a fit of anger , though her daughter PW2 has not been subjected to physcial and mental harrassement in the hands of accused persons and herself not being subjected to abuse and life threat. The witness has identified her signatures on First Information Statement, Spot Mahazar and her voluntary statement under section 164 of Cr.P.C, the same are marked as Ex.P1 to Ex.P3 respectively and her signatures are marked as Ex.P1(a) to Ex.P3(a) respectively. PW-1 has further volunteered as to she is not aware of contents of Ex.P.1 to 3 and also deposed as to no any statement has been given by her in connection to the case in hand.
14. PW 1 is treated as hostile witness and permitted to be cross examined. The endeavor on the part of the prosecution in confronting the PW'1 with first information statement, spot mahazar and voluntary statement under section 164 of Cr.P.C before the Magistrate has turned as futile exercise.
-9- C.C.No.24643/2021
15. CW4 who is arrayed as victim is examined as PW2. This witness has deposed as to she has not been subjected physical and mental crualety in the hands of accused persons and she has not given any statement to the police officials in connection to the case on hand.
16. PW2 is treated as hostile witness and permitted to be cross examined by the Sr.APP. The endeavor on the part of the prosecution in confronting the PW'2 with her voluntary statement under section 161 of Cr.P.C before the IO has turned as futile exercise. The denied portion in the voluntary statement of PW2 is marked as Ex.P.4.
17. The learned APP has requested the Court to issue witness summons to the other prosecution witnesses. As the Victim/PW-1 and her daughter PW2 have turned hostile to the prosecution's case, the prayer of the APP has been rejected and the prosecution's side of evidence has been closed.
18. In the instant case in hand, the prosecution's case as to accused persons having subjected PW-2 for mental and physical cruelty, PW-1 being subjected to assault, outraging of modesty, life threat and abuse in filthy language has not at all being corroborated by the testimonies of the Victims/Pws-1&2. The said PWs 1& 2 have turned hostile to the prosecution's case. There is
- 10 - C.C.No.24643/2021 no any incriminating materials against accused persons in order to implicate the accused with respect to the alleged offences set out in the chargesheet. In other words, this Court is justified to opine as to prosecution's case is tainted with substantial improvements, omissions and contradictions. It is needless to point out that, prosecution has miserably failed to bring home the guilt of the accused persons beyond all reasonable doubts, muchless the ingredients of the alleged offences set out in the chargesheet. Hence, without any hesitation this Court proceeds to answer Point Nos.1 to 5 in the Negative.
19 . Point No.6: In view of the above findings on Point Nos.1 to 5 , this Court proceeds to pass the following:-
ORDER Acting under Section 248(1) of Cr.P.C., accused Nos.1 and 2 are acquitted of the offences punishable under Section 498(A), 354,323, 504 & 506 r/w section 34 of IPC.
Consequently, accused Nos.1 & 2 are set at liberty.
The corresponding bail and surety bonds of the accused persons stands canceled.
(Dictated to the Stenographer transcribed and computerized by her, corrected by me and then pronounced in the open court on this the 1st day of August - 2024)
- 11 - C.C.No.24643/2021 (VISHWANATH C. GOWDAR) C/c.XXIV ADDL. C.J.M., BENGALURU.
:: ANNEXURE ::
1. List of Witnesses examined for prosecution:
PW.1 : Smt.Usha
2. List of documents marked for prosecution :
Ex.P1 : First Information Statement Ex.P2 : Spot Mahazar Ex.P.3 : Statement of CW1 Ex.P.4 : Statement of CW4
3. List of witnesses examined for accused :
- Nil -
4. List of documents marked for accused :
- Nil -
5. List of material objects marked for prosecution :
- Nil -
(VISHWANATH C. GOWDAR) C/c.XXIV ADDL.C.J.M.,BENGALURU.
- 12 - C.C.No.24643/2021 Case No.28