Bangalore District Court
State By Sanjaynagar P.S vs Is Acquitted on 9 April, 2018
IN THE COURT OF THE VIII ADDL. C.M.M.,
BENGALURU.
Dated this the 9th Day of April 2018.
Present: Sri.M.Mahesh Babu, B.A., LL.B.
VIII ADDL.C.M.M., BENGALURU.
C.C. NO.7122/2013
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 7122/2013
2. The date of commission 25/07/2012
of the offence
3. Name of the complainant State by Sanjaynagar P.S.
4. Name of the accused Javindar Singh Pawar
5. The offence complained of U/s.355, 504, 323 and 506 of
or proved IPC
6. Plea of the accused and Pleaded not guilty
his examination
7. Final Order Acting U/sec.248(1) Cr.P.C.
accused is acquitted.
8. Date of such order 09-04-2018
For the following:-
JUDGMENT
This is the charge sheet filed by the PSI of Sanajay Nagar P.S. against the accused for the offences punishable U/sec. 355, 504, 323 and 506 of IPC.
2 C.C.7122/2013
2. The brief facts of the prosecution case is that:
On 25-07-2012 at about 7 p.m., at Canan Club, RMV Badavane, the accused picked up quarrel with CW1 with regard to Dog Show and in the above said transaction the accused spit on the face of CW1 and abused him in filthy language knowingly such insult will provoke breach of peace with an intention to dishonour CW1, assaulted with hands on the right cheek, thus voluntarily caused hurt and gave life threat to CW1 with dire consequences thus committed criminal intimidation and thereby committed the alleged offences.
3. Accused was on bail. Substance of accusation was read over to the accused for the offence punishable U/sec. 355, 504, 323 and 506 of IPC. The accused has pleaded not guilty and claimed to be tried.
4. In order to substantiate the allegation, prosecution has examined PW.1 and got marked the 3 C.C.7122/2013 documents as Ex.P1 to 3. Since there are no incriminating evidence against the accused as such recording of 313 Cr.P.C., is dispensed.
5. Heard arguments from both the sides.
6. The points that arise for determination are as follows:
1. Whether the prosecution proves beyond all reasonable doubt that on 25/07/2012 at about 7 p.m., at Canan Club, RMV Badavane, the accused picked up quarrel with CW1 with regard to Dog Show and in the above said transaction the accused spit on the face of CW1 and abused him in filthy language knowingly such insult will provoke breach of peace with an intention to dishonour CW1 and thereby accused have committed the offence punishable u/s 355, 504 of IPC?
2. On the above said date, time and place, in furtherance of common intention to commit an offence the accused assaulted CW.1 with the hands on the right cheek thus voluntarily caused hurt and thereby accused have committed the offences punishable U/sec. 323 of IPC?
3. On the above said date, time and place, in furtherance of common intention to commit an offence accused gave life threat to CW1 4 C.C.7122/2013 with dire consequences and thereby committed the offences punishable u/s 506 of IPC?
4. What order?
7. The answer to the above points are as follows:
Point No.1 to 3: In the negative Point No.4: As per final order for the following:
REASONS
8. Point No.1 to 3:- In order to avoid the repetition of facts taken together for discussion. In order to bring home the guilt of accused, the prosecution has examined PW.1. PW.1, who being the complainant in his evidence has deposed that he has not lodged complaint against the accused and further stated that he does not know the contents of complaint and mahazar and statement marked as Ex.P1 to P3.
9. Except the evidence of PW.1, no other evidence is available on record to establish the guilt of accused. It 5 C.C.7122/2013 is to be noted that, complainant has turned out hostile to the case of the prosecution as he has compromised the matter with the accused. The prayer of Sr. APP for issuance of summons to other witnesses is rejected as no purpose will be served in view of evidence of P.W.1. Accordingly, I answer point no.1 to 3 in the negative.
10. Point No.4:- In the result, I proceed to pass the following:
ORDER Acting under Section 248 (1) of Cr.P.C., accused is hereby acquitted of the offences punishable U/sec.
355, 323, 504 and 506 of IPC.
Bail bonds of accused and his surety bond stands cancelled.
(Dictated to the stenographer directly on the computer, verified and corrected by me, then the judgment pronounced by me in the open court, on this 9th day of April 2018.) (M. Mahesh Babu) VIII Addl.C.M.M. Bengaluru.6 C.C.7122/2013
: Annexure :
1. List of Witnesses examined on behalf of the prosecution:
PW1 : Santhosh Kumar
2. List of Documents marked on behalf of the prosecution:-
Ex.P1 : Complaint Ex.P1(a) : Signature of PW1 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1 Ex.P3 : Statement of PW2
3. List of Material objects marked on behalf of the prosecution:-
- NIL -
4. List of witnesses and documents marked on behalf of the accused:
-NIL -
VIII Addl. C. M. M. Bangalore. 7 C.C.7122/2013 Judgment pronounced in the open court (vide separate order) ORDER Acting under Section 248 (1) of Cr.P.C., accused is hereby acquitted of the offences punishable U/sec. 355, 323, 504 and 506 of IPC. Bail bonds of accused and his surety bond stands cancelled.
VIII Addl. C. M. M. Bangalore.