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Bengaluru City vs No.1 Voluntarily Causes Simple Hurt To ... on 9 March, 2023

                                 1                C.C.No.31595/2018


                                                     Digitally signed by
                                                     VEEDAMOORTHY B
                                VEEDAMOORTHY         S
KABC030866452018                BS                   SADANANDABHAT
                                SADANANDABHAT        BOLLAJE
                                BOLLAJE              Date: 2023.03.09
                                                     15:17:57 +0530




                           Presented on : 01-12-2018
                           Registered on : 01-12-2018
                           Decided on : 09-03-2023
                           Duration      : 4 years, 3 months, 8 days


       IN THE COURT OF THE II ADDITIONAL CHIEF
      METROPOLITAN MAGISTRATE, BENGALURU CITY

               Dated this 9th day of March 2023

      PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
 II Additional Chief Metropolitan Magistrate, Bengaluru City

       JUDGMENT UNDER SECTION 355 OF Cr.P.C.

 1.

Sl. No. of the case C.C.No.31595/2018 Date of commission of the

2. 11.12.2017 offence (As per F.I.R.) Konanakunte Police Station,

3. Name of the complainant Bengaluru City

4. Name of the accused 1) Asha N., W/o Nagraju, Aged about 23 years, R/at No.157, Muneshwar Layout, Pillaganahalli, Bengaluru City.

2) Rajeshwari, W/o Jagadish, Aged about 20 years, 2 C.C.No.31595/2018 R/at Jangal Palya, BG Road, Bannerghatta, Bengaluru City.

Sections 323, 324, 448, 504 The offences complained

5. and 506 R/w Section 34 of the of Indian Penal Code

6. Plea of the accused Pleaded not guilty The accused persons are

7. Final order acquitted

8. Date of order 09.03.2023 The Police Sub-Inspector of Konanakunte Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code.

2. The Prosecution case in brief is that on 11.12.2017 at 7.45 a.m., the accused persons in furtherance of their common intention trespassed in to the house of CW1 situated at Muneshwara Layout, Pillaganahalli, Gottigere Post, Bengaluru within the territorial jurisdiction of Konanakunte Police Station, Bengaluru City; abused CW1 and CW2 in filthy languages and demanded them to vacate the house; 3 C.C.No.31595/2018 accused No.1 voluntarily causes simple hurt to CW1 on her left hand and right shoulder with wood piece; accused No.2 voluntarily caused simple hurt to CW2 with Karane on her right leg; accused No.1 by holding pony of CW1 has voluntarily causes simple hurt to her by beating on her chest with her hand; when CW2 came to pacify the clash, accused No.1 voluntarily caused simple hurt to her by beating on her stomach with her hand and gave life threat to them stating that if they are not vacated the house, they will kill them. Thereby, the accused persons have committed the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code.

3. Based on the First Information of CW1, the crime was registered in Crime No.528/2017 at Konanakunte Police Station. On completion of the investigation, the Police Sub- Inspector of Konanakunte Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal 4 C.C.No.31595/2018 Code. After taking cognizance of the said offences, the process was issued to the accused persons. They have appeared before this Court and enlarged on bail. The copies of the Police Report and other prosecution papers are furnished to the accused persons under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed offences triable by this Court, charges for the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.

4. To prove the charges framed against the accused persons, the prosecution has produced the oral evidences of PW1 and PW2 and the documentary evidences in Ex.P1 to Ex.P4. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. 5 C.C.No.31595/2018 Heard the arguments of learned Senior Assistant Public Prosecutor and the accused persons. Perused the materials available on record.

5. The points for determination are;

1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?

2. What order or sentence?

6. My answers to the above points are as follows:

           Point No.1 :     In the Negative,
           Point No.2 :     As per final order for the following;

                           REASONS

7. POINT No.1 :- In order to prove the charges leveled against the accused persons, out of 9 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidence of only two witnesses before this Court as PW1. PW1 Smt.Zeenath B., is the first informant, 6 C.C.No.31595/2018 injured and Mahazar witness and PW2 Imam B. is the injured witness. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P4. Among them, Ex.P1 is the First Information, Ex.P2 is the Spot Mahazar and Ex.P3 and Ex.P4 are the Witness Statements.

8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.528/2017 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused persons for the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons. PW1 during her examination-in-chief has deposed that no quarrel was taken place between her and the accused persons; since there were some petty differences between her and the accused persons, she gave First Information as per Ex.P1; she does not know its contents; she does not know the contents of Ex.P2; she 7 C.C.No.31595/2018 signed the said document at Police Station; the Police have not conducted any Mahazar and not seized anything in her presence; she has not taken any treatment at Hospital stating that she has sustained injuries as a result of the assault by the accused persons and she has not given any further statement. She has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, she has denied the contents of Ex.P1; she gave it; the mahazar conducted at the place of incident as per Ex.P2 in her presence; she has obtained treatment at Sairam Hospital for the injuries sustained by her as a result of the incident in question and she gave further statement to the Investigation Officer. The denied portion of her Witness Statement is marked as Ex.P3. Nothing has been elicited in her cross-examination supporting the case of the prosecution.

9. Another injured witness PW2 has deposed in her examination-in-chief that no quarrel was taken place between her and the accused persons; she has not taken any 8 C.C.No.31595/2018 treatment at Hospital stating that she has sustained injuries as a result of the assault by the accused persons and she has not given any witness statement to Police. She has also been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, she has denied the entire incident as narrated by the prosecution; she has obtained treatment at Sairam Hospital for the injuries sustained by her as a result of the incident in question and she gave further statement to the Investigation Officer. The denied portion of her Witness Statement is marked as Ex.P4. Nothing has been elicited in her cross- examination supporting the case of the prosecution.

10. On perusal of the above evidences, it appears that the First Informant and the injured witnesses PW1 and PW2 have deposed not supporting the case of the prosecution. They have deposed in their cross-examination that they and the accused persons have compromised the matter between them. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this 9 C.C.No.31595/2018 reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 324, 341, 504 and 506 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.

11. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 324, 341, 504 and 506 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found guilty for the aforesaid offences charged against them. In the result, I proceed to pass the following;

ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code.

Their bail bonds executed and cash surety furnished under Section 436 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled. (Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 09.03.2023) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.

ANNEXURE Witnesses Examined on behalf of Prosecution :-

    PW1              :     Zeenath B.,
    PW2              :     Imam B.

Documents marked on behalf of Prosecution :-

    Ex.P1            :     First Information,
    Ex.P1(a)         :     Signature,
    Ex.P2            :     Mahazar,
    Ex.P2(a)         :     Signature,
    Ex.P3 and 4      :     Witness Statements.

Material objects marked on behalf of Prosecution :-

NIL 11 C.C.No.31595/2018 Witnesses Examined on behalf of the accused :-

NIL Documents marked on behalf of the accused :-

NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.

09.03.2023 Judgment pronounced in open Court vide separate order.

ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code.

Their bail bonds executed and cash surety furnished under Section 436 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.

(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.