Bangalore District Court
State By Gangammagudi Police vs Persons. Accused No on 24 May, 2022
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 24th day of May 2022.
Present: Shri Anand T Chavan, B.Com., LL.B(Spl.).
I Addl. C.M.M BENGALURU.
JUDGMENT U/s. 355 Cr.P.C.,
Case No. : C.C.No.27607/2017
Date of Offence : 14-10-2017
Name of complainant : State by Gangammagudi Police
Station, Bengaluru.
(By Learned Sr. APP)
Name of accused : 1. Binoy S.
S/o late Ramachandra Pillai
aged 34 years,
R/o No.11/2,
Lakshmipura main road,
Abbigere, Bengaluru 90.
2. Ananthu U.S.
S/o Uday Kumar,
aged 25 years,
R/o No.11/2,
Lakshmipura main road,
Abbigere, Bengaluru 90.
4. Girish S. Nayar
S/o Somasundar Nayar,
aged 29 years,
R/o Thaiparam Pill House,
Kottanadu,
Brundavanam,
2 C.C.No.27607/2017
Rani Pathinathittu dist.
Kerala State.
5. Nidinkrishnan
S/o Krishnankutti,
aged 25 years,
R/o No.11/2,
Lakshmipura main road,
Abbigere, Bengaluru 90.
(By Sri G.H.Hanumaraju, Advocate
for A.1, 2, 4 and Sri P.M.Mathew,
Advocate for A.5)
Offences complained : U/s.323, 341, 324, 504
R/w Sec.34 of IPC
Plea of accused : Pleaded not guilty
Final Order : Accused are acquitted
Date of Order : 24-05-2022.
JUDGMENT
Sub-Inspector of Police, Gangammagudi Police Station, Bengaluru has filed this charge sheet against the accused above named for the offences punishable under Sections 323, 341, 324, 504 R/w. Section 34 of IPC.
3 C.C.No.27607/2017
2. Brief facts of prosecution case are that :- On 14.10.2017 at about 10.30 p.m., while C.W.1 was engaged in decoration work along with C.Ws.4 and 5, near Entrance of Kammagondanahalli, in view of fest of Fatima Church, Accused no.1, 2, 4 and 5 were assaulting an unknown person. When C.W.1 went to pacify the tussle and questioned act of accused persons, they suddenly caught hold of him and assaulted him with kicks and blows. Further accused no.5 with common intention of all assaulted him with a club and C.W.1 sustained simple injuries on his face, left elbow, left side of his chest and to his right thigh. Immediately on same night, C.W.1 lodged first information before Gangammagudi Police, which was registered by them in their P.S.Cr.No.167/2017 and FIR is issued. I.O. seized the club used by accused persons from the spot under spot mahazar. After recording statements of materials witnesses, after collecting 4 C.C.No.27607/2017 wound certificate and after completion of investigation, I.O. filed charge sheet against accused for above offences.
3. After filing of charge sheet, cognizance of above offences is taken and summons issued to accused persons. Accused No.1, 2, 4 and 5 appeared before this Court and they are enlarged on bail. Charge sheet copy is furnished to accused u/s 207 of Cr.P.C and charge is framed. Accused have not pleaded guilt of alleged offences and they have claimed to be tried.
4. In order to prove the guilt of the accused, prosecution has examined 7 witnesses as P.Ws.1 to 7, got marked 4 documents as per Exs.P1 to P4 and M.O.1 is identified. After completion of prosecution evidence, statement of the accused as required under Section 313 of Cr.P.C. has been recorded. Accused have denied incriminating 5 C.C.No.27607/2017 evidence against them, but they have not led any defence evidence.
5. On the basis of charge sheet allegation, the following points arose for consideration:
1. Whether prosecution proves beyond reasonable doubts that On 14.10.2017 at about 10.30 p.m. accused No.1, 2, 4 and 5 in furtherance of their common intention picked up quarrel with CW1 and they wrongfully restrained him, when he came to pacify a tussle between accused and an unknown person and thereby, accused No.1, 2, 4 and 5 have committed offence punishable under section 341 R/w Sec.34 of IPC?
2. Whether prosecution proves beyond reasonable doubts that on date place, time mentioned above accused No.1, 2, 4 and 5 in furtherance of their common intention, abused C.W.1 in filthy language with an intention to provoke him for breach of public peace and thereby accused No.1, 2, 4 and 5 have committed offence punishable under section 504 R/w Sec.34 of IPC?6 C.C.No.27607/2017
3. Whether prosecution proves beyond reasonable doubts that on date place, date and time mentioned above accused No.1, 2, 4 and 5 in furtherance of their common intention assaulted C.W.1 with kicks and blows and caused simple bodily injuries on left side of his face, chest, left elbow and right thigh and thereby accused No.1, 2, 4 and 5 have committed offence punishable under section 323 R/w Sec.34 of IPC?
4. Whether prosecution proves beyond reasonable doubts that on date place and time mentioned above accused No.5 in furtherance of common intention of all accused assaulted C.W.1 with a wooden club and voluntarily caused simple injuries to C.W.1 on his left side of face, left side of chest, left elbow and right thigh and thereby accused No.1, 2, 4 and 5 have committed offence punishable under section 324 R/w Sec.34 of IPC?
5. What order ?
6. Heard arguments of learned Sr.APP and learned counsels for accused. Perused oral and documentary evidence adduced by the prosecution.
The following are findings to above points. 7 C.C.No.27607/2017
Point No.1 to 4 : In the Negative Point No.5: As per final order, for the following:
REASONS
7. Point No.1 to 4:- These points are taken together for consideration as findings on one point have bearing on other points.
8. C.W1/P.W.1 Ramesh S/o Chokka Lingam, who is first informant cum victim of the case has testified in his evidence that about 2 years back at 10.00 p.m., when accused were assaulting somebody in Kammagondanahalli fest under influence of alcohol and when he tried to rescue such persons, accused assaulted him with shoes, wooden club, helmet and bottle, which resulted into bodily injuries to him. P.W.1 has further stated that he took treatment at Rajalakshmi Hospital and thereafter he lodged first information as per Ex.P1. He has identified first information as per Ex.P1 and his signature on it as per Ex.P1(a). He has further testified 8 C.C.No.27607/2017 that later police conducted mahazar at the spot as per Ex.P2 and seized wooden club as per M.O.1 and he has identified said Mahazar as per Ex.P.2 and his signature on Ex.P2 as per Ex.P2(a). However, absolutely there is no mention in Ex.P1 first information with regard to assault by accused by shoes, helmet and bottle and it shows that P.W.1 has improved his version with regard to such articles. In cross-examination P.W.1 states that he cannot say names of accused, but Ex.P1 shows that he has mentioned their names in it. Further he asserts to have lodged first information on same night at 11.00 p.m. and then he went to hospital, whereas as per Ex.P1 first information is lodged at 1.00 a.m. on 15.10.2017 and Ex.P3 wound certificate shows that he had been to hospital at 12.30 p.m. on 15.10.2017. He has inconsistently stated that he went to hospital after going to police station. Further he asserts that Ex.P2 mahazar was conducted at evening, whereas it is 9 C.C.No.27607/2017 conducted between 10.20 a.m. to 11.20 a.m. Entire evidence of P.W.1 is denied by defence side and it is suggested him that though accused have never wrongfully restrained him, abused him and assaulted him, he has lodged false case against them.
9. C.W.6/P.W.2 Dr.Praveen S/o Shivaramareddy has testified in his evidence that since last 7 years he is working as Medical officer in Rajalakshmi Hospital and on 15-10-2017 at 0.30 a.m. he treated P.W.1. He has further stated that he found contusion over right eyelid of P.W.1, contusion on right arm and abrasion over his right knee joint, which were fresh in nature.
He has further stated that such injuries may be caused if a person is assaulted with a club, he has identified wound certificate as per Ex.P3 and his signature on it as per Ex.P3(a). In cross-examination P.W 2 pleads ignorance as to who had accompanied P.W.1 to hospital and admits that 10 C.C.No.27607/2017 he has not mentioned about treatment given by him. He has further admitted that Ex.P3 wound certificate is corrected by him, but nothing explained with regard to such corrections. Entire evidence of this witness is also denied by defence side and it is suggested to him that he is deposing falsely.
10. C.W.2/P.W.3 Anthony S/o Joseph has testified in his evidence that police conducted Ex.P2 mahazar with regard to quarrel between P.W.1 and accused and they seized M.O.1 club at the spot. He has identified said Mahazar as per Ex.P2 and his signature on as per Ex.P2(b). In cross-examination by defence side P.W.3 admits that police had not issued any notice to him and he does not know contents of said mahazar. Most importantly he has stated that Police obtained his signatures on 2-3 papers. He has clearly admitted that he signed Ex.P2 at Police station, police have not seized anything in his 11 C.C.No.27607/2017 presence and he has not seen any seized items. These material elicited from the mouth of P.W.3 raises suspicion with regard to seizure of M.O.1 club and conducting of spot mahazar as per Ex.P2.
11. C.W.3/ P.W.4 Ravichandra S/o Armugam has testified in his evidence that police conducted Ex.P2 mahazar with regard to quarrel between P.W.1 and accused and they seized M.O.1 club at the spot. He has also identified said Mahazar as per Ex.P2 and his signature on it as per Ex.P2(c). In cross-examination by defence side P.W.3 admits that police had not issued any notice to him and he does not know contents of said mahazar. In his further cross-examination entire evidence of this witness is denied by defence side and it is suggested to him that he is deposing falsely as per instance of Police. 12 C.C.No.27607/2017
12. C.W.4/ P.W.5 Devan S/o Kannan who appears to be an eye witness of alleged incident has testified that on 14-10-2017 at abut 9.30 p.m. or 10.00 p.m., while he was engaged in religious work, there was quarrel between accused and P.W.1. Further accused assaulted P.W.1 with club, kicks and blows. He has further stated that he has given statement before police and he has identified M.O.1 club. In cross- examination by defence side, P.W.5 admits that he knows P.W.1 since 30 years, which shows his close acquaintance with him and he has sated that he doesn't know names of accused. However, in his further cross-examination, quite contrary to case of prosecution , he has stated that 10 to 15 persons assaulted P.W1. He has further stated that P.W.1 sustained injuries to right side of his body and he accompanied P.W.1 to Rajalakshmi Hospital. These aspects are contrary to Ex.P3 wound certificate. He has further stated that they went to Police station at 13 C.C.No.27607/2017 10 a.m. which is also in-consistent with Ex.P1 first information. Entire evidence of this witness is denied by defence side and it is suggested to him that he is deposing falsely to help his close friend.
13. C.W.5/ P.W.6 Daniel S/o George who is said to be other eye witnesses of alleged incident has testified that on 14-10-2017 at abut 9.30 p.m. or 10.00 p.m., while he was engaged in religious work, there was quarrel between accused and P.W.1 and accused assaulted P.W.1 with clubs, kicks and blows. He has furth er stated that he has given statement before police and he has identified M.O.1 club. In cross-examination, P.W.6 has also admitted that he knows C.W.1 since 30 years, which is enough to believe close acquaintance with both. He has admitted that he does not know accused and for what reason they assaulted P.W1. He has further stated that 10 to 15 persons had gathered at the time of 14 C.C.No.27607/2017 incident and he could not see the incident property due to rain. Entire evidence of this witness is also denied by defence side by way of cross-examination.
14. C.W.7/P.W.7 Krishna Murthy S/o Muddappa the then ASI of Gangammagudi PS and I.O. of this case has testified in his evidence that on 15-10-2017 at 1.00 a.m, when he was SHO of said PS, P.W.1 lodged first information before him as per Ex.P1, he registered the case in their PS Cr.No.67/2017 and issued FIR as per Ex.P4. He has identified his signatures on above documents as per Ex.P1(b), P2(d) and P4(a). P.W.7 further stated that on same day he visited the spot and conducted spot mahazar as per Ex.P2 and seized M.O.1 club. He has further stated that he recorded statements of C.W.4 & 5 and on 1-11-2017 he collected wound certificate of P.W.1 from Rajalakshmi Hospital. Thereafter he filed charge sheet before court after completion of 15 C.C.No.27607/2017 investigation. In cross-examination P.W.7 admits that he cannot say name of person with whom accused were quarreling prior to incident of this case. He has further admitted that there were no blood stains on M.O.1. Entire evidence of this witness is also denied by defence side by way of cross-examination.
15. Thus On perusal of evidence of prosecution it shows that except inconsistent evidence of P.W.1 and interested evidence of P.Ws.5 and 6 so called eye witnesses, absolutely there is nothing on record. Further the prime evidence of P.W.1 is quite inconsistent with regard to articles used by accused to assault him and approaching police on the date of incident. Further P.Ws.5 and 6 have clearly admitted that they are closely acquainted with P.W.1 and their inconsistent evidence also does not inspire confidence of the Court with regard to 16 C.C.No.27607/2017 alleged guilt of accused. Both of them have stated that nearly 10-15 persons were present at the time of incident, which raises serious doubt about alleged incident. Further neither P.Ws.1, 5 and 6 nor P.W.7 I.O. has stated the name of person/s, whom accused were assaulting prior to alleged incident nor said person is cited as witness in charge-sheet. Further absolutely no independent witnesses are cited in charge-sheet as witnesses. Further though P.W.1 has mentioned names of accused persons in Ex.P1 first information, Ex.P3 wound certificate shows that he was assaulted by some unknown persons. These aspects raises serious doubt about alleged incident. Hence in view of aforesaid suspicious materials and inconsistency in evidence adduced by prosecution, it is difficult to believe that accused have wrongfully restrained P.W.1, they assaulted and abused him as per case of prosecution and thereby they have 17 C.C.No.27607/2017 committed alleged offences. Therefore, it is incumbent upon this Court to hold that prosecution has failed to prove beyond all reasonable doubts that accused No.1, 2, 4 and 5 have committed offences punishable under Sec.341, 323, 324 and 504 R/w Section 34 of IPC. Hence point no.1 to 4 are answered in the Negative.
16. Point No.5: -
For the reasons stated and findings given on point No.1 to 4, following is:
ORDER Acting under Section 248(1) of Cr.P.C. the accused No.1, 2, 4 and 5 are acquitted for the offences punishable under Section 341, 323, 324 and 504 R/w Section 34 of IPC.
The bail bond and surety bond executed by accused 1, 2, 4 and 5 shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.18 C.C.No.27607/2017
Seized M.O.1 club being worthless shall be destroyed after expiry of appeal period.
( Typed by me directly on computer, revised, corrected by me and then pronounced in open court on this the 24 th day of May 2022).
(Anand T Chavan) st 1 Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined for prosecution :-
P.W.1, Ramesh, P.W.2, Dr.Praveen, P.W.3, Anthoni, P.W.4, Ravichandran, P.W.5, Devan, P.W.6, Dyaniyal, P.W.7, Krishnamurthy;
List of exhibits marked for prosecution :-
Ex.P1, Complaint,
Ex.P1(a), Signature of P.W.1,
Ex.P1(b), Signature of P.W.7,
Ex.P2, Spot mahazra,
Ex.P2(a), Signature of P.W.1,
Ex.P3, Wound certificate,
Ex.P2(a) Signatures of P.W.2,
Ex.P2(b), Signature of P.W.3,
Ex.P2(c), Signature of P.W.4,
Ex.P2(d), Signature of P.W.7,
Ex.P4, First information report,
Ex.P4(a), Signature of P.W.7;
19 C.C.No.27607/2017
List of material object :
M.O.1, Club;
List of Witnesses examined for defence:-
NIL List of documents marked for defence:-
NIL 1st Addl. CMM., Bengaluru.20 C.C.No.27607/2017
24-5-2022 State by Sr.APP Accused C/B For Judgment (Judgment pronounced in the Open Court) ORDER Acting under Section 248(1) of Cr.P.C. the accused No.1, 2, 4 and 5 are acquitted for the offences punishable under Section 341, 323, 324 and 504 R/w Section 34 of IPC.
The bail bond and surety bond executed by accused 1, 2, 4 and 5 shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
Seized M.O.1 club being worthless shall be destroyed after expiry of appeal period.
I ACMM, Bengaluru.