Bangalore District Court
Rakesha vs Nikhil Gowda Alias Nikhil on 18 March, 2024
1
KABC030408512019
IN THE COURT OF XXXIX ADDL.C.M.M.,
BENGALURU
PRESENT : Sri. Vijeth. V., B.A.L., LL.B.,
39th A.C.M.M., Bengaluru.
CRIMINAL CASE NO: 12919/2019
DATED THIS THE 18TH DAY OF MARCH 2024
BETWEEN :
COMPLAINANT : The State by,
Kamakshipalya Police Station
(By learned APP)
ACCUSED : 1. Nikhil Gowda @ Nikhil,
S/o Chandrashekar,
Agd about 22 years,
R/at No.134, 2nd D Main Road,
Rajivgandhi Nagar, Sunkadakatte,
Bangalore.
2. Sairam @ Umasainath,
S/o Ramareddy,
Aged about 23 years, (Split up)
[Rep. by A1 - Sri. Sunil H. R. Advt.]
1. Date of offences : 24.10.2018
2. Date of report : 24.10.2018
3. Name of the complainant : Sri. Rakesha
2 C.C.12919/2019
4. Date of recording evidence : 03.02.2024
5. Date of closure of evidence : 03.02.2024
6. offencess alleged : U/Sec. 341, 323, 326,
504, 506B r/w Sec.34 of
IPC.
7. Opinion of the judge : Acquittal
(Vijeth .V)
XXXIX ACMM, Bengaluru.
: JUDGMENT :
The PSI, Kamakshipalya Police Station has submitted the present charge sheet against the accused No.1 and 2 for the offences punishable U/Sec.341, 323, 326, 504, 506B r/w Sec.34 of IPC.
2. The brief facts of the prosecution case is as follows:
That on 24.10.2018 at 8.15 pm the accused No.1 to 4 with previous enimity unlawfully restrained Cw1 who was coming opposite to Harsha Hotel, Sunkadakatte and abused him with a filthy language, the accused No.3 and 4 assaulted Cw1 with hands, accused No.1 and 2 assaulted Cw1 on his head, ears and on nose and caused grievous injuries and by showing the beer bottle the accused persons threatened to Cw1 do away 3 C.C.12919/2019 his life by stabbing the beer. As such a complaint has been registered against accused.
3. A Case is registered in Kamakshipalya Police Station as Crime No.548/2018 for the offences punishable under Section 143, 147, 148, 341, 504, 324, 506B r/w Sec.149 of IPC. After completion of investigation charge sheet has been filed against the accused No.1 and 2 for the offences punishable U/Sec.341, 323, 326, 504, 506B r/w Sec.34 of IPC and this court has taken cognizance for the above said offences.
4. The accused No.1 appeared through his counsel and he has been enlarged on bail. As the presence of accused No.2 was secured, the case against accused No.2 is ordered to split up on 18.10.2022. Prosecution papers were furnished to accused No.1 as required under Section 207 of Criminal Procedure Code. Heard both sides, charge has been framed, read over and explained the contents to accused No.1 in the language known him, wherein the accused No.1 pleaded not guilty and claims to be tried.
5. In order to prove the case of the prosecution, it has examined 01 witness as PW-1 and got marked Ex.P-1 to Ex.P-3 documents and got marked Mo1. After completion of prosecution evidence statement of accused No.1 as required 4 C.C.12919/2019 under Section 313 of Criminal Procedure Code is recorded, read over and explained to accused No.1 in the language known to him, wherein the accused No.1 denied the incriminating evidence appeared against him but he has not choosen to lead any evidence from his side.
6. Heard arguments and perused the material on record.
7. The following points that arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubts that on 24.10.2018 at 8.15 pm the accused No.1 to 4 with previous enimity unlawfully restrained Cw1 who was coming opposite to Harsha Hotel, Sunkadakatte and abused him with a filthy language, the accused No.3 and 4 assaulted Cw1 with hands, accused No.1 and 2 assaulted Cw1 on his head, ears and on nose and caused grievous injuries and by showing the beer bottle the accused persons threatened to Cw1 do away his life by stabbing the beer, as such he has committed offences punishable U/s.341, 323, 326, 504, 506B r/w Sec.34 of IPC?
2. What order?
8. My answer to the above points are as follows:
Point No.1 : In the Negative Point No.2 : As per the final Order.
for the following:5 C.C.12919/2019
REASONS
9. Point No.1: It is the case of the prosecution that, on 24.10.2018 at 8.15 pm the accused No.1 to 4 with previous enimity unlawfully restrained Cw1 who was coming opposite to Harsha Hotel, Sunkadakatte and abused him with a filthy language, the accused No.3 and 4 assaulted Cw1 with hands, accused No.1 and 2 assaulted Cw1 on his head, ears and on nose and caused grievous injuries and by showing the beer bottle the accused persons threatened to Cw1 do away his life by stabbing the beer.
10. According to the prosecution Pw1 is the investigating officer.
11. The prosecution has produced and got marked Ex.P-1 is the P.F., Ex.P.2 MLC extract, Ex.P.3 wound certificate.
12. In support of the case of prosecution it has examined Cw7 / Kavyashri, PSI examined as Pw1, who deposed before the court that on 25.10.2018 she has received the file from Cw6 and continued with the investigation. She has submitted PF to the court which is marked at Ex.P.1 with respect to the material object seized by the Cw6. On the same day she has recorded statement of Cw2, she has collected MLC 6 C.C.12919/2019 extract marked at Ex.P.2. She has collected voluntary statements of Nikil Gowda and Sairam recorded in Cr.587/2018 of Kamakshipalya P.S. On 20.01.2019 she has collected wound certificate which is marked at Ex.P.3. After completion of investigation she has filed charge sheet.
13. It is pertinent to note that even though Cw7 /Pw1 deposed before the court that, on 25.10.2018 she has received the file from Cw6 and continued with the investigation. She has submitted PF to the court which is marked at Ex.P.1 with respect to the material object seized by the Cw6. On the same day she has recorded statement of Cw2, she has collected MLC extract marked at Ex.P.2. She has collected voluntary statements of Nikil Gowda and Sairam recorded in Cr.587/2018 of Kamakshipalya P.S. On 20.01.2019 she has collected wound certificate which is marked at Ex.P.3. After completion of investigation she has filed charge sheet. But in spite of sufficient opportunities the prosecution has not examined the complainant / injured nor eye witnesses nor any witnesses to spot panchanama. As such there is no evidence on record to show that the accused No.1 has committed the alleged offences. Hence the prosecution failed to prove its case beyond 7 C.C.12919/2019 all reasonable doubt. Hence, I answer Point No.1 in the Negative.
14. Point No.2: In view of my findings on Point No.1 in the Negative, I proceed to pass the following:
:ORDER:
Acting under Section 248(1) of Cr.P.C accused No.1 is hereby acquitted for the offences punishable under Section 341, 323, 326, 504, 506B r/w Sec.34 of IPC.
His bail bond and surety bond stands cancelled.
Office is directed to keep the original file with split up case. (Dictated to the Stenographer directly to the computer, typed by her, corrected and then pronounced by me in the open Court on this 18TH DAY OF MARCH 2024 ).
(Vijeth .V) XXXIX ACMM, Bengaluru.
ANNEXURE Number of witnesses examined for Prosecution:
PW-1 : Kavyashri Number of witnesses examined on behalf of accused:
Nil List of documents exhibited for the Prosecution:
Ex.P-1 : P.F.
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Ex.P-2 : MLC extract
Ex.P-3 : Wound certificate
For Defence :
Nil
Material objects Marked:
Nil VIJETH Digitally signed
by VIJETH V
V Date: 2024.03.21
10:56:26 +0530
(Vijeth .V)
XXXIX ACMM, BENGALURU.