Bangalore District Court
State By vs Ramaiah S/O.Late Hanumantharayappa on 17 October, 2015
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 17th day of October 2015
PRESENT: Sri.ARJUN.S.MALLUR,
B.A.L., LL.B.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.22575/2009
Complainant - State by, Police Sub Inspector
Indiranagar Police Station
/vs/
Accused Ramaiah S/o.late Hanumantharayappa,
81 yrs. No.81, Hosur Main Road,
Madivala, Bengaluru.
JUDGMENT
1. The P.S.I of Indiranagar police station have filed this chargesheet against the accused for the offences punishable u/S.323. 353 of IPC.
2. It is alleged by the prosecution that on 24/6/2008 around 10.30 AM near 100 feet road the accused pickedup quarrel with CW.1 the Ticket Checking Inspector and assaulted her with hands causing simple hurt to her and prevented her from discharge of her duty as public servant and thereby committed the alleged offences. 2 CC No.22575/2009
3. On the basis of the complaint filed by complainant, a case was registered in Indiranagar P.S., Cr.No.225/2008 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas and statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offence.
4. Cognizance of offence was taken and summons was issued to the accused. Accused has appeared before the court through his counsel and has been released on bail. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charge was framed against the accused for the alleged offences and accused has pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 4 witnesses as PWs.1 to 4 and got marked 4 documents as Exs.P1 to P4. Statement of the accused u/S.313 of Cr.P.C. was recorded and the accused denied the circumstances incriminating him in the prosecution evidence.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records. 3 CC No.22575/2009
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that on 24/6/2008 around 10.30 AM near 100 feet road the accused pickedup quarrel with CW.1 the Ticket Checking Inspector and assaulted her with hands causing simple hurt to her and prevented her from discharge of her duty as public servant and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined 4 witnesses. PW.1 Smt.Bhagya is the complainant and the Ticket Checking Inspector. She has deposed that on 24/6/2008 herself and CW.2 were checking the tickets in BMTC bus route No.201D and near 100 feet road when she asked the accused to show the ticket the accused refused to show the ticket and slapped her and thereafter she took the accused to police station and filed the complaint as per Ex.P1 4 CC No.22575/2009 and was also present when police came to the spot and prepared mahazar.
10. PW.2 Yellappa is the Conductor of the bus has deposed that on the date of the incident there was quarrel between PW.1 and accused regarding Checking ticket and accused had assaulted CW.1 and thereafter PW.1 filed the complaint.
11. PW.3 Beeraiah is the driver of the BMTC bus who has deposed that on the date of the incident near Military Bridge of 100 feet road, CW.1 got down from the bus and took one of the passenger. He has turned hostile to the prosecution having seen the accused assaulting PW.1 and denied having made statement under Ex.P3.
12. PW.4 Hanumantharayappa has deposed that on 24/6/2008 he received the complaint, registered the case and sent FIR to the court.
13. Apart from PWs.1 to 4 the prosecution has not examined any other witness. CW.2 who is colleague of PW.1 with whom she was checking the ticket is not examined before the court. PW.1 in her cross examination has deposed that at the time of incident it was peak hour traffic and there was lot of passengers in the bus. To corroborate the evidence of PW.1 the prosecution relies upon the evidence of 5 CC No.22575/2009 PW.2 Conductor and PW.3 driver of the bus. Among them PW.3 has turned hostile to the prosecution denied having witnessed any incident as alleged. PW.2 conductor though has deposed that accused pickedup quarrel with CW.1 and assaulted her, his evidence is not described in detail regarding the allegation of accused obstructing complainant in discharge of her duty as public servant and causing simple hurt to her. The accused is a senior citizen aged around 80 years. The evidence of PW.1 has remained totally uncorroborated with regard to assault made on her by the accused. From the evidence of PWs.1 and 2 it is not brought out whether the conduct of accused prevented PW.1 in discharge of her duty as public servant. In order to attract the offence u/S.353 of IPC it is necessary that prosecution must prove that the act of accused being prevented from discharge of her duty as public servant. In the case on hand no such material is forthcoming from the evidence of PWs.1 and 2. In the result, for the aforesaid reasons, it cannot be said that prosecution has been able to prove the alleged offences beyond reasonable doubt and I answer Point No.1 in the Negative.
14. POINT NO.2:
For the afore said reasons, I pass the following; 6 CC No.22575/2009
ORDER U/s 248(1) of Cr.P.C. the accused is acquitted of the alleged offences punishable u/s 323 and 353 of IPC. Bail bond of accused stands cancelled and he is set at liberty. Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 17th day of October 2015).
(ARJUN.S.MALLUR) X A.C.M.M., BENGALURU ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Smt.Bhagya Nil PW.2 Yellappa.
PW.3 Veeraiah.
PW.4 Hanumantharayappa.
Exhibits Marked Ex.P1 Complaint.
Ex.P1(a)Signature of PW.1.
Ex.P1(b)Signature of PW.4.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P3 Statement of PW.3.
Ex.P4 FIR.
Ex.P4(a)Signature of PW.4.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru 7 CC No.22575/2009