Bangalore District Court
State By: Madivala Police Station vs A1: Boopalan @ Balu S/O Varadan on 19 January, 2016
1 C.C.9351/2010
IN THE COURT OF III ADDL. CHIEF METROPOLITAN
MAGISTRATE
BENGALURU CITY
Dated this Tuesday the 19th day of January 2016
Present: Sri.Mohan Prabhu, B.Com.,M.A, LL.B.,
III Addl., CMM,
Bengaluru.
C.C.No.9351/2010
Complainant: State by: Madivala Police Station
V/s
Accused : A1: Boopalan @ Balu S/o Varadan, 33 yrs,
5th Cross, 9th Main, near Ayyappa Temple,
Muniyappa Layout, Hongasandra,
Bengaluru Nagar.
A2: Sundar S/o Annamalai, 55 yrs,
5th Cross, 9th Main, near Ayyappa
Temple, G.B.Palya, Bengaluru.
A3: Manikanthan S/o Sundar, 24 yrs,
5th Cross, 9th Main, near Ayyappa
Temple, G.B.Palya, Bengaluru
A4: Viswanathan S/o Natarajan, 26 yrs,
5th Cross, 9th Main, near Ayyappa Temple,
G.B.Palya, Bengaluru.
A5: Annamalai S/o Subramanya, 38 yrs, Baloti
House, 5th Cross, 9th Main, near Ayyappa
Temple, Muniyappa Layout, G.B.Palya,
2 C.C.9351/2010
Bengaluru
A6: Mohan
A7: Soundar
A8: Prashanth
A9: Smt.Omkumari W/o Boopalan @ Balu,
5th Cross, 9th Main, near Ayyappa Temple,
Muniyappa Layout, Hongasandra,
Bengaluru Nagar.
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::JUDGEMENT::
Case No. : C.C.No.9351/2010
Date of offence : 20/9/2009
Complainant : Smt.Savithramma
Accused : Named above
Offence : U/ss.143, 144,323, 324, 354,
504, 506, 427 r/w 149 of IPC
Charge : Accused No.1 to accused No.9
pleaded not guilty
Final order : Accused No.1 to accused No.9
are acquitted
Date of order : 19/1/2016
The brief statement of the
Reasons for the decision : As follows
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3 C.C.9351/2010
The PSI of Madivala Police Station has filed the
chargesheet against the accused No.1 to accused No.9 for the offences punishable U/ss.143, 144, 323, 324, 354, 504, 506, 427 r/w 149 of IPC.
2. The case of the prosecution briefly stated as follows:
That on 20/9/2009 at about 11-30 a.m. within the jurisdiction of Madivala Police Station at Gharvebhavi Palya, Muniyappa Layout near the Provision Store of Cw.1 when accused No.1 asked Cw.1 to pay the Cigarette at that time she requested him to wait for sometime as she has to attend for other customers. At that time the accused No.1 picked up quarrel with Cw.1 and abused her in filthy language. When Cw.1 proceeding towards Police Station in order to lodged the complaint against the accused No.1 at that time the accused No.1 to accused No.9 with common object being the member of unlawful assembly picked up quarrel with 4 C.C.9351/2010 Cw.1, Cw.3 and Cw.4 and assaulted them with hands and voluntarily caused them simple injuries. The accused persons also dragged the Sari of Cw.1 and tried to outrage her modesty. The accused persons assaulted Cw.2 with Cool Drinks bottle of the shop of Cw.1 and also distructed the bottles caused loss to the tune of Rs.200/- and also gave life threat to Cw.1.
3. Based on the complaint lodged by Cw.1 Madivala Police Station Police registered the case in Crime No.908/2011 and dispatched FIR to the Court. The Investigating Officer took up the investigation and visited the spot and drawn the spot mahazar. The Investigating Officer recorded the statements of the witnesses. The Investigating Officer after collecting the Wound Certificates on completion of the investigation filed the chargesheet against the accused No.1 to accused No.9 for the offences punishable U/ss.143, 144, 323, 324, 354, 504, 506, 427 r/w 149 of IPC.
5 C.C.9351/2010
4. Accused No.1 to accused No.9 engaged counsel and released on bail. The Chargesheet copies duly furnished to the accused No.1 to accused No.9 and thereby the provision u/s.207 of Cr.P.C., is complied with. After hearing on both sides charge came to be framed against the accused for the offences punishable U/ss.143, 144, 323, 324, 354, 504, 506, 427 r/w 149 of IPC for which accused pleaded not guilty and claimed for trial.
5. During the course of trial on the side of the prosecution 3 witnesses are examined as Pw.1 to Pw.3 and documents Ex.p1 to Ex.p8 are marked. Despite of sufficient opportunity given to the prosecution the prosecution has not examined Cw.1 to Cw.6 and Cw.7. Even though Pw.3 partly chief examined by the prosecution but thereafter he has not tendered himself for further chief examination and for cross examination. After closure of the evidence on the side of the prosecution the accused persons examined u/s.313 of 6 C.C.9351/2010 Cr.P.C. They denied the incriminating evidence. No defence evidence is led.
6. Heard the arguments.
7. The following points arise for my consideration:
1.Whether the prosecution proves beyond all reasonable doubt that accused No.1 to accused No.9 have committed the offences punishable U/ss.143, 144, 323, 324, 354, 504, 506, 427 r/w 149 of IPC.
2. What Order?
8. My findings on the above point:
Point No.1: In the Negative Point No.2: As per final order For the following:
::REASONS::
9. Point No.1: Pw.1 is the Head Constable. Pw.2 is the then PSI of Madivala Police Station who conducted the part of Investigation. Pw.3 is the then PSI of Madivala Police Station who conducted the part of Investigation. In this case despite of repeated summons and warrant issued against 7 C.C.9351/2010 the Cw.1 to Cw.6 they have not secured. The summons and warrant issued against Cw.1 to Cw.6 returned with shara that they left the address. Non examination of Cw.1 to Cw.6 is fatal to the case of the prosecution.
10. Pw.1 deposed that she was worked as WHC of Madivala Police Station. She states that on 20/9/2009 Cw.11 deputed her and Cw.8 and Cw.10 to trace out the accused persons. Accordingly on that day they visited Hongasandra and arrested the accused No.1 to accused No.5 and accused No.9 and produced them before Cw.11. She states that Cw.8 submitted his Report.
11. Pw.2 deposed that he has took up the case file from Cw.11 on 20/9/2009 for further investigation. He states that on the same day he has recorded the statements of Cw.3 and Cw.4 and on 23/9/2009 he has recorded the statement of Cw.2. He states that on 1/10/2009 he has received the Wound Certificates from Kavya Hospital as per Ex.p1 to Ex.p3. He states that after completion of 8 C.C.9351/2010 investigation he has filed the chargesheet against the accused No.1 to accused No.9 by showing accused No.6 to accused No.9 as absconding. Pw.1 and Pw.2 are the Official witnesses. Their oral evidence is formal in nature. Their oral evidence is not supported by any independent witnesses.
12. Pw.3 is partly chief examined by the prosecution. Pw.3 deposed that based on the complaint lodged by complainant he registered the case in Crime No.908/2009 and dispatched FIR to the Court. He states that he visited the place of incident on 20/9/2009 and conducted the Panchanama as per Ex.p6. He states that he has seized the Bottle piece and Glass piece and also seized one Sari, one blood stained T.Shirt. He states that Cw.8 to Cw.10 have produced the accused No.1 to accused No.5 and accused No.9 before him on 20/9/2009 then he has arrested the accused and released them on Station Bail. He states that he has handed over the case file to Pw.12 for further investigation. Even though Pw.3 partly chief examined by 9 C.C.9351/2010 the prosecution, thereafter Pw.3 has not appeared before this Court to give further chief examination and tender him for cross examination. Since Pw.3 is not appeared before this Court to tender himself for cross examination, hence his oral evidence is not acceptable. The oral evidence of Pw.1 to Pw.3 is formal in nature. They are not the eye witnesses. In this case despite of sufficient opportunity given to the prosecution the prosecution has not examined Cw.1 to Cw.7. There is no iota of evidence on the side of the prosecution to show that the accused persons have committed the offences punishable U/ss.143, 144, 323, 324, 354, 504, 506, 427 r/w 149 of IPC. The prosecution is failed to bring home the guilt of the accused beyond all reasonable doubt. Hence, I answered Point No.1 in the Negative.
13. Point No.2: In the result, I proceed to pass the following:
::ORDER::
U/s.248(1) of the Cr.P.C., accused No.1 to accused No.9 are hereby acquitted of the offences punishable 10 C.C.9351/2010 U/ss.143, 144, 323, 324, 354, 504, 506, 427 r/w 149 of IPC.
Their Bail bond stands cancelled after completion of appeal period.
The material object mentioned in P.F.No:247/2009 being worthless is ordered to be destroyed after completion of appeal period.
(Dictated to the stenographer, transcribed by her, corrected and then pronounced by me in open Court, this the 19/1/2016).
(Mohan Prabhu) III Addl., Chief Metropolitan Magistrate, Bengaluru City.
::ANNEXURE::
1. List of witnesses examined for the prosecution:
Pw.1: Smt.Padmavathi Pw.2: Sirajuddin C.I. Pw.3: Chandrappa S.M.
2. Documents on the side of the prosecution: 11 C.C.9351/2010
Ex.p1to p3: Wound Certificates Ex.p4: Complaint P4(a): Signature Ex.p5: FIR P5(a): Signature Ex.p6: Mahazar P6(a): Signature Ex.p7: PF P7(a): Signature Ex.p8: Report P8(a): Signature
3. Material objects marked: NIL
4. Defence: Nil
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III ACMM., Bengaluru.