Bangalore District Court
The State Of Karnataka Through vs Shivaram on 18 January, 2020
1
IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
DATED THIS THE 18th DAY OF JANUARY 2020
C.C.No.12126/16
Present: SRI. BALAGOPALAKRISHNA.
XXIV ADDL. C.M.M., BENGALURU.
COMPLAINANT : The State of Karnataka through
K.G.Nagar Police Station
(State by Sr. A.P.P.)
V/s.
Accused 1. Shivaram, s/o.Mariyappa, 46yrs, R/at.274,
new No.278, 6th cross, Lakshmipura,
Vikramadithya road, K.G.Nagar, Bangalore.
2. Kempegowda, s/o.Rangappa, 29
yrs,R/at.NO.65, Chikkakalya, Magadi taluk,
Thippasandra hobli, Baganagere post,
Ramanagar.
3. Renuka, s/o.Revanna, 42 yrs, R/at.No.19/10,
I main, 3rd cross, Prashanthnagar, Bangalore.
4. Venkatesh (Abated)
DATE OF COMMENCEMENT : 28/03/16
OF OFFENCE
DATE OF ARREST OF THE : Accused are on bail.
2
ACCUSED
OFFENCES ALLEGED : U/s.323, 324 R/w.sec.34 of IPC
DATE OF COMMENCEMENT : 04/12/18
OF EVIDENCE
DATE OF CLOSING OF : 19/09/19
EVIDENCE
OPINION OF THE JUDGE : Accused found guilty
(Balagopalakrishna.)
XXIV A.C.M.M., BENGALURU.
: J U D G M E N T :
The PSI of K.G.Nagar Police Station has filed charge sheet against
accused for the offence punishable U/s.323, 324 r/w.34 of IPC.
2. The case of the prosecution in brief is as under:
It is the case of the prosecution that, on 28/3/16 at about 6.00
pm., infront of house No.278/274, 6 th cross, Lakshmipura, K.G.Nagar,
the CW 1 along with his wife CW 5 were putting water, at that time, the
water fallen down on the auto rickshaw of accused, at that time, the
accused No.1 and 3 raised quarrel with CW 1, in the quarrel accused
No.1 assaulted CW 1 with clutch wire on his back and accused No.2
assaulted CW 1 with cricket bat on his back and caused injury and in
3
the quarrel accused No.3 and 4 were assaulted the CW 1 with hands on
his body and caused pain and thereby accused has committed an
offences punishable U/s.323, 324 r/w.34 of IPC.
3. In pursuance of the complaint given by the complainant by
name Krishna, the Police have registered crime in Cr.No.43/16 for the
offence punishable U/s.323, 324 r/w.34 of IPC. After conclusion of the
investigation, the Investigating Officer has filed charge sheet against the
accused for the offence punishable u/s.323, 324 r/w.34 of IPC.
4. This court has taken cognizance for the offence punishable
U/s.323, 324 r/w.34 of IPC and issued summons to the accused and
accused are on bail.
5. The copy of the charge sheet and other material documents
has been supplied to the accused as required U/s.207 of Cr.P.C.
6. Heard before framing charge and charge was framed for the
offence punishable U/s.323, 324 r/w.34 of IPC and read over and
explained to the accused in the language known to them. Accused
pleaded not guilty and claimed for trial.
7. In order to prove the case of the prosecution, the prosecution
has got examined PW.1 to 7 and got marked Ex.P.1 to Ex.P.4 and also
marked MO 1 and 2 and closed their side.
4
8. Statement of the accused as required U/s.313 of Cr.P.C. is
recorded. The accused has denied the incriminating evidence found in
the evidence of prosecution as false. No defense evidence on the side of
the accused.
9. Heard both side.
10. The following point arises for my consideration:
1) Whether prosecution proves beyond reasonable
doubt that, on 28/3/16 at about 6.00 pm.,
infront of house No.278/274, 6th cross,
Lakshmipura, K.G.Nagar, the CW 1 along with his
wife CW 5 were putting water, at that time, the
water fallen down on the auto rickshaw of
accused, at that time, the accused No.1 and 3
raised quarrel with CW 1, in the quarrel accused
No.1 assaulted CW 1 with clutch wire on his back
and accused No.2 assaulted CW 1 with cricket bat
on his back and caused injury and in the quarrel
accused No.3 and 4 were assaulted the CW 1 with
hands on his body and caused pain and thereby
accused has committed an offences punishable
U/s.323, 324 r/w.34 of IPC?
2) What order?
11.My answer to the above points is as under;
Point No.1 In the Affirmative.
Point No.2As per final order for the following;
REASONS
5
12. POINT NO.1 :
From the evidence of prosecution it is gathered that accused No.1
is the elder brother of the complainant, accused No.2 and 3 are the
brother in laws of accused No.1. It is also admitted by the PW 1 that
property No.278/274 is the property of the father of the complainant as
well as accused No.1 and whatever the civil suit filed by him was
dismissed. The complainant himself examined as PW 1, he has deposed
that on 28/3/16 at about 6.00 pm., he and CW 5 were putting water
infront of their house , at that time, the accused persons questioned the
same and in the quarrel, accused No.1 assaulted the PW 1 with clutch
wire on his back, accused No.2 assaulted him with cricket bat on his
back (right side) and accused No.3 assaulted with hands and kicked
him, so, he sustained injuries and he gone to Victoria hospital wherein
he taken treatment and given complaint which is marked at Ex.P.1 and
signature at Ex.P.1(a) and also deposed that as shown by him, the police
were drawn the panchanama near his house and seized clutch wire and
cricket bat, but, at that time, he was not present, however, he identified
his signature on the seizure mahazar dtd; 28/3/16 which is marked at
Ex.P.2, signature at Ex.P.2(a) and also deposed that he had put his
signature in the Police Station. The witness identified the clutch wire
and the cricket bat which are respectively marked at MO 1 and 2.
At the request of learned Sr.APP, this witness has been treated as
partly hostile witness and seeking permission to cross examine him and
permission was accorded, in the cross examination, it is suggested that
on 28/3/16 the police were visited the incident spot between 8.00 to
6
9.00 PM and as shown by him, they were drawn the panchanama and
seized MO 1 and 2 and the contents of the same read over to him and
then put his signature thereon, witness admitted the same.
In the cross examination by defence counsel, it is suggested that
he doe not know the contents of the Ex.P.1, same is admitted by the
witness and stated that since he had injury it was written by the police.
It is also admitted that the civil case filed by him in respect of the house
was dismissed and the said house were constructed by all the brothers,
witness volunteers that at the time of construction there was an
agreement that no one should rent out the building, inspite of it, the
accused No.1 rented out the house. It is suggested that in order to
oust the accused No.1, he has given false complaint same is denied by
the witness and rest of the cross examination is just denial. It is
suggested that there is no connection to the accused and MO 1 and 2
and he himself fallen down on the hard surface and had injury and in
order to give false complaint he has taken treatment at Victoria hospital,
same is denied by the witness.
13. The PW 2 who is the seizure mahazar/spot mahazar witness,
he has identified his signature found on the mahazar dtd: 28/3/16 and
his signature marked at Ex.P.2(b) and deposed that in respect of the
quarrel, he has put his signature near the house of the PW 1 and at that
time, the police were seized clutch wire and cricket bat which are
already marked at MO 1 and 2, same was drawn between 6.00 to 6.30
PM. In the cross examination it is suggested that he has put his
7
signature in the Police Station, same is denied by the witness.
14. PW 3 who is non other than the wife of CW 1, she has given
evidence on par with the evidence of PW 1. In the cross examination the
fact suggested to the PW 1 has been suggested, same is denied by the
witness.
15. PW 4 who is none other than the brother of PW 3, he has given
evidence on par with the evidence of PW 1 and 3 and also deposed that
in the quarrel accused No.1 was assaulted the PW 1 with clutch wire on
his back, accused No.2 assaulted with cricket bat on the back of PW1
and rest of the accused were assaulted the PW 1 with hands. He has
also identified the MO 1 and 2. In the cross examination it is just denial
of the chief examination and also admitted that there is a civil case
pending among PW 1 and accused.
16. PW 5 who is the Medical officer of Victoria hospital, he has
deposed that on 28/3/16 at about 7.40 PM the injured by name
Krishna came to the hospital with an history of assault, on examination
he found the injuries mentioned in Ex.P.3 and same was given at the
request of Investigating officer. He further stated that the said injuries
are simple in nature and those injuries may be caused assault with
MO1. In the cross examination it is suggested that the injuries
mentioned in Ex.P.3 would be caused while getting down the steps by
PW 1, same is denied by the witness and also denied that in order to
help the PW 1, he has given false wound certificate.
8
17. PW 6 who is the then PSI of K.G.Nagar Police Station, she has
given her evidence from the date of receiving the complaint from PW 1,
on 28/3/16 at about 6.30 PM, registering the crime, forwarded the FIR,
drawn the mahazar and seizing the MO 1 and 2, recorded the statement
of CW 6 and 7 and handed over the investigation to the CW 10. In the
cross examination it is just denial of the chief examination.
18. PW 7 is the then ASI of K.G.Nagar police, he has given his
evidence to the effect that he has received the case papers from PW 6 for
further investigation, recorded the statement of CW 3 and 6, recorded
the further statement of the complainant, obtained wound certificate
and finally filed the chargesheet. In the cross examination it is just
denial of the chief examination.
19. As per the chargesheet, it is alleged that the accused have
committed the offences punishable u/s.323, 324 r/w.34 of IPC. On
evaluation of the evidence of prosecution, the quarrel took place among
the accused and PW 1 and 3 at the time of putting water infront of their
house. No doubt the said house belonged to accused No.1 as well as the
complainant and in this regard, there is a civil matter pending before
the court. In fact the quarrel was took place not in respect of the
property, as stated above, it had taken place while putting the water
infront of the house. The accused No.1 being a elder brother of CW 1,
along with his brother in laws raised quarrel and assaulted CW 1 with
clutch wire, accused No.2 assaulted with bat and rest of the accused
9
assaulted on the body of the PW 1 with hands. This evidence of PW 1 is
supported by the evidence of PW 3, who is the wife of the PW 1 and the
evidence of PW 1 and 3 is corroborated with the evidence of PW 4 who is
none other than the brother of PW 3. Their evidence clearly reveals
about the incident was taken place. Merely because of there was a civil
litigation among accused No.1 and the complainant, the accused should
not have venture to join with his brother in laws and assaulted him. No
doubt there is a discrepancy in the evidence of PW 1 and 3, the PW 3
has stated that the MO 1 and 2 are little bigger than seized by the police
and also the PW 1 has given evidence that he has put his signature to
the seizure mahazar in the Police Station. Whether such a discrepancy
in the evidence of PW 1 and 3 is fatal to the case of the prosecution has
to be considered. The drawing of the mahazar and seizing of article has
been stated by the PW 1. The incident had taken place in the year
2016, whereas PW 3 given her evidence in the year 2019, therefore,
there might be some discrepancy in identifying the MO 1 and 2. The
evidence of PW 3 fortifies that on the date of the incident the accused
were used the bat and clutch wire, this aspect is remains intact.
20. The evidence of PW 1,3 and 4 is further fortifies with the
evidence of PW 5 who is the treated doctor of PW 1, in his evidence he
has stated that the injuries mentioned in Ex.P.3 might be caused
through MO1, considering the length of the injury. A effort made by the
defence counsel that the said injuries are self inflicted by falling down
on the hard surface by the PW 1, but doctor denied the said suggestion
stating that if anybody getting down from the steps, the injuries
10
mentioned in Ex.P.3 would not be caused, under such circumstances,
only inference can be drawn is in the incident the accused persons were
assaulted the PW 1 with clutch wire i.e., MO 1 and Cricket bat MO 2.
21. Further the prosecution has examined PW 2 who is the
independent mahazar witness, no way connected to complainant and
accused, he has stated that on 28/3/16 the police were came to the
house of PW 1 and seized the MO 1 and 2. This evidence is corroborates
with the evidence of PW 1 and 3, thus, the prosecution has established
the seizing of MO 1 and 2 infront of the house of the complainant which
were used for commission of the offence.
22. The evidence of PW 1 to 5 is corroborated with the evidence of
Investigating officers who have conducted investigation and also filing of
the chargesheet. There is no reason to disbelieve the evidence of
prosecution in respect of the incident. From the evidence of PW 1 to 5
the prosecution has established the ingredients of Sec.323, 324 r/w.34
of IPC. The evidence of prosecution clearly reveals that accused persons
having common intention in furtherance of the same, raised quarrel
with PW 1 and in the quarrel they were assaulted the PW 1 with clutch
wire and bat by accused No.1 and 2 and remaining accused were
assaulted PW 1 on his body and caused pain. Merely a civil litigation
pending before the Civil Court, it cannot be said that because of that
reason, the CW 1 has given false complaint, because, both complainant
and CW 1 are residing in the same house as per their evidence. Under
such circumstances, whatever the rift among them should be resolved
11
amicably and not assaulting the PW 1. If such an attitude of the
accused persons is entertained, he may repeat same offence and it will
leads to disobey of law. Thus, the prosecution has proved the guilt
against the accused beyond all reasonable doubt. Accordingly point
under reference answered in the Affirmative.
23. POINT NO.2 :
For the aforesaid reason and discussion, I proceed to pass the
following:
ORDER
Acting under section 248(2) of Cr.P.C. Accused No.1 to 3 are hereby Convicted for the offence punishable U/s.323, 324 r/w.34 of IPC. Bail bonds executed by accused are hereby stand cancelled.
To hear regarding sentence, kept by (Dictated to the stenographer, script transcribed by her and then corrected directly on computer and then pronounced by me in open court on this the 18 th of January 2020).
(Balagopalakrishna) XXIV A.C.M.M., BENGALURU.
ANNEXURE Witnesses examined for the Prosecution:
PW1 : Krishna 12 PW2 : Vareshkumar PW3 : Roopa PW4 : Chandrashekar PW 5 : Dr. Ramesh PW 6 : B.R.Suma PW 7 : Thimmaiah.V
Documents marked for the Prosecution:
Ex.P1 : Complaint Ex.P.2 : Spot mahazar Ex.P.3 : Wound certificate Ex.P.4 : FIR
Materials marked for the Prosecution:
MO 1 : Clutch wire MO 2 : Cricket bat
Witnesses examined for the accused: NIL Documents marked for the accused: NIL (Balagopalakrishna) XXIV A.C.M.M., BENGALURU.