Bangalore District Court
State By K.P. Agrahara Police Station vs Somu.K on 28 June, 2018
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 28th day of June 2018
:PRESENT:
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.21097/2016
Complainant : State by K.P. Agrahara Police station
(By Sr. Asst. Public Prosecutor)
-V/s-
Accused : Somu.K.
S/o Krishnappa,
Aged about 45 years,
R/at No.14, 1st Cross,
Magadi Road, Near Muthumariyamma Temple,
Anniyamma Compound,
K.P. Agrahara,
Bengaluru.
(By Sri. S.N. Sheshadri, advocate )
JUDGMENT
The PSI of K.P. Agrahara Police Station has filed charge sheet against the accused for the offences punishable U/s. 498(A), 504, 323, 324 of IPC.
2 C.C. No.4082/2017
2. The brief facts of the prosecution case are as follows:
It is alleged that, that accused married C.W. 1 Smt. Radha about 17 years back as per Hindu customs and rituals. C.W. 1 Smt. Radha along with her son C.W. 3 Sri. Nanjunda is residing with accused at house bearing No.14, 1st Cross, Near Muthumariyamma temple, within the limits of K.P. Agrahara Police Station. Accused without doing any working, daily used to consume alcohol, pick up quarrel with C.W. 1 for trivial reasons, forcibly took money from C.W. 1 for his drinking habit. On 11/02/2016 at about 7.30 a.m. in the morning, accused by taking money from C.W. 1, consumed alcohol, returned home at about 12 p.m., picked up quarrel with her, forced her to give money, did not allow her to visit maternal house, subjected her to both physical and mental cruelty, assaulted on C.W. 1's right shoulder with a cricket bat, caused grievous injuries, abused her in filthy language and assaulted on her head by his hands, voluntarily caused hurt and thereby committed aforesaid offences. Therefore, complainant Smt. Radha lodged police complaint against accused, as such, this case came to be registered.
During the course of investigation I.O. visited the place of incident, 3 C.C. No.4082/2017 drawn spot mahazar in the presence of the witnesses, seized one cricket bat and subjected the same under P.F. No.10/2016, recorded the statement of witnesses, obtained wound certificate from the concerned medical authority and after completion of investigation filed charge sheet against the accused persons for the aforesaid offences.
3. The accused is on bail and he is represented through his counsel.
4. The copies of the prosecution papers have been furnished to the accused as required under Sec.207 of Cr.P.C. The cognizance of the offences punishable U/sec. 498(A), 504, 323, 324 of IPC has been taken as per Sec.190 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused in the language known to him, he pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.
6. The prosecution, in order to prove its case, has examined the complainant of this case as P.W.1 and got marked Ex.P1 and P2. At this stage, it is brought to the court notice that, complainant 4 C.C. No.4082/2017 being wife of accused has arrived at a settlement with accused. As such, she is not intending to prosecute the case against accused. Therefore, keeping the interest of complainant and accused in mind, the evidence of other witnesses has been dropped as not required by rejecting the prayer of the prosecution. As there is no incriminating evidence against the accused, recording of accused statement U/s.313 of Cr.P.C has been dispensed with. Hence, the case is posted for arguments.
7. Heard both the side and perused the material evidence on record.
8. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, that accused married C.W. 1 Smt. Radha about 17 years back as per Hindu customs and rituals. C.W. 1 Smt. Radha along with her son C.W. 3 Sri. Nanjunda is residing with accused at house bearing No.14, 1st Cross, Near Muthumariyamma temple, within the limits of K.P. Agrahara Police Station. Accused without doing any working, daily used to consume alcohol, pick up quarrel with C.W. 1 for trivial reasons, forcibly took money from C.W. 1 for his drinking habit. On 11/02/2016 at about 7.30 a.m. in the morning, accused by taking money from C.W. 1, consumed alcohol, returned home at about 12 p.m., picked up quarrel with her, forced her to give money, did not allow her to visit maternal house, subjected her to both physical and mental cruelty and thereby 5 C.C. No.4082/2017 committed an offence punishable U/s.498(A) of IPC?
2. Whether the prosecution proves beyond reasonable doubt that, accused on the aforesaid date, time, place and under aforesaid circumstances, assaulted on C.W. 1's right shoulder with a cricket bat, caused grievous injuries and thereby committed an offence punishable under Section 324 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that, accused on the aforesaid date, time, place and under aforesaid circumstances, abused C.W. 1 Smt. Radha in filthy language and thereby committed an offence punishable under Section 504 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that, accused on the aforesaid date, time, place and under aforesaid circumstances, assaulted on the head of C.W. 1 Smt. Radha by his hands, voluntarily caused hurt and thereby committed an offence punishable under Section 323 of IPC
5. What Order?
9. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : IN THE NEGATIVE
6 C.C. No.4082/2017
Point No.5 : As per final order for the following REASONS
10. Points No.1 to 4: All these points involve similar set of facts and circumstances, hence, taken up together for common discussion.
11. This case has been registered against accused on the background of dowry harassment said to have been caused on the complainant by accused. In this connection, prosecution has cited as many as 11 witnesses and successful in examining the complainant Smt. Radha as P.W. 1. The said complainant is none other than the wife of accused Somu.K. During the course of evidence, it is brought to the court notice that, complainant being the wife of accused has arrived at a settlement with accused and presently residing with the accused along with her son. As such, she is not intending to prosecute the case against accused. Therefore, the prosecution though has treated C.W. 1 as hostile, nothing substantial has been elicited during her cross-examination. Since the alleged offences against the accused are non-compoundable, this court has formally recorded the evidence of complainant by keeping the future 7 C.C. No.4082/2017 life of complainant and accused, dropped the evidence of other witnesses as not required. Under the circumstances, the charges leveled against accused in connection with dowry harassment remains unproved. As such the prosecution has failed to prove its case against accused with cogent, convincing and corroborative evidence. Therefore, above points No.1 to 4 are answered in the Negative.
12.Point No.5: In view of the negative findings on the above points No.1 to 4, I proceed to pass the following:-
ORDER Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offences punishable U/s.498(A), 504, 323, 324 of IPC.
The bail & bail bonds of the accused and sureties shall stands cancelled.
One cricket bat seized and subjected under P.F. No.10/2016, being worthless is ordered to be destroyed after expiry of the appeal period. (Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 28th day of June 2018).
(Mala N.D) XLIV Addl.C.M.M., B'lore.8 C.C. No.4082/2017
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW-1: Smt. Radha
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint Ex.P.1(a) : Signature of PW-1 Ex.P. 2 : Mahazar Ex.P.2(a) : Signature of PW-1
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.9 C.C. No.4082/2017
Judgment pronounced in Open Court vide separate:-
ORDER Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offences punishable U/s.498(A), 504, 323, 324 of IPC.
The bail & bail bonds of the accused and sureties shall stands cancelled.
One cricket bat seized and subjected under P.F. No.10/2016, being worthless is ordered to be destroyed after expiry of the appeal period.
(Mala N.D) XLIV Addl.C.M.M., B'lore.10 C.C. No.4082/2017