Bangalore District Court
State By Yelahanka New Town Police ... vs No. : 1. Sandeep on 4 November, 2016
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 4th day of NOVEMBER 2016
:Present:
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.5207/2013
Complainant : State by Yelahanka New Town Police station
(By Asst.Public Prosecutor)
-V/s-
Accused No. : 1. Sandeep,
S/o Gangadharappa,
Aged about 24 yers,
R/at No.18/B, Kempapura,
Kumbarahalli,
Chikkabanavara Post,
Bengaluru.
2. Rudresh,
S/o Erappa,
Aged about 28 years,
R/at No.18/A, Kempapura,
Kumbarahalli,
Chikkabanavara Post,
Bengaluru.
3. Basavaraju,
S/o Erappa,
Aged about 24 years,
R/at No.18/A, Kempapura,
Kumbarahalli,
Chikkabanavara Post,
Bengaluru.
(By N. Gopi Associates)
2 C.C.No.5207/2013
JUDGMENT
The PSI of Yelahanka New Town Police Station has filed charge sheet against the accused No.1 to 3 for the offences punishable U/s. 324 r/w 34 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, accused persons and C.W. 1 Sri. Rudresh being the suppliers canter vehicles to Mother Dairy for Milk Transportation, on 24/07/2012 at about 8 p.m. in the night, accused persons picked up quarrel with C.W. 7 and 8 who are the drivers of C.W. 1's canter vehicles with regard to the route, assaulted them by his hands. C.W. 1 having learnt about the incident, went near the accused persons along with his friend C.W. 6 Sri. Somashekar at about 10.30 p.m. in the night to enquire about the incident, at Major Sandeep Unni Krishnan Road, Opposite to State Bank, Attur Layout, within the limits of Yelahanka New Town Police Station, by that time, accused persons had stopped his canter vehicles, who were standing by parking their white Omni car, when C.W. 1 questioned, accused persons in furtherance of their common intention, i.e. accused No.2 caught hold C.W. 1, by that time accused No.1 assaulted on his left 3 C.C.No.5207/2013 side head with the help of long, caused bleeding injuries, at the same time, accused No.3 assaulted on C.W. 1's head with cricket wicket stick resulting in simple injuries. Therefore, on the basis of the statement given by C.W. 1, this case came to be registered against accused persons. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, seized item No.1 to 4 mud and clothes under P.F. No.84/2012, one Maruthi Omni under P.F.No.92/2012, one long and cricket wicket bat under P.F. No.93/2012, recorded the statement of witnesses, obtained wound certificate from the concerned authority and after completion of investigation filed charge sheet against the accused persons for the aforesaid offences.
3. The accused No.1 to 3 are on bail and they are represented through their counsel.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C. The cognizance of the offences punishable U/sec. 324 r/w 34 of IPC has been taken as per Sec.190 of Cr.P.C.
4 C.C.No.5207/2013
5. The charge is framed, contents of charge have been read over and explained to the accused persons in the language known to them, they 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 C.W. 1 of this case as P.W. 1 and got marked two documents at Ex.P1 and P.2. At this stage, it is brought to court notice that the complainant and accused persons being friends have compromised the matter among themselves, as such, complainant is not intending to prosecute this case against accused persons. Therefore, in order to promote harmonious relationship among themselves evidence of other witnesses has been dropped as not required by rejecting the prayer of learned A.P.P. As there is no incriminating evidence against the accused persons, 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.
5 C.C.No.5207/2013
8.The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, accused persons and C.W. 1 Sri. Rudresh being the suppliers canter vehicles to Mother Dairy for Milk Transportation, on 24/07/2012 at about 8 p.m. in the night, accused persons picked up quarrel with C.W. 7 and 8 who are the drivers of C.W. 1's canter vehicles with regard to the route, assaulted them by his hands. C.W. 1 having learnt about the incident, went near the accused persons along with his friend C.W. 6 Sri. Somashekar at about 10.30 p.m. in the night to enquire about the incident, at Major Sandeep Unni Krishnan Road, Opposite to State Bank, Attur Layout, within the limits of Yelahanka New Town Police Station, by that time, accused persons had stopped his canter vehicles, who were standing by parking their white Omni car, when C.W. 1 questioned, accused persons in furtherance of their common intention, i.e. accused No.2 caught hold C.W. 1, by that time accused No.1 assaulted on his left side head with the help of long, caused bleeding injuries, at the same time, accused No.3 assaulted on C.W. 1's head with cricket wicket stick resulting in simple injuries and thereby committed an offence punishable U/s.324 r/w 34 of IPC?
2. What Order?6 C.C.No.5207/2013
9.My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : As per final order for the following
REASONS
10.Point No.1: The prosecution in order to establish its
case has cited as many as 15 witnesses and successful in examining only its complainant C.W. 1 as P.W. 1. This case has been registered on the back ground of an assault said to have been caused on the complainant by the accused persons. In this connection the complainant Sri. Rudresh is examined as P.W.1. During the course of trial, P.W.1 has completely turned hostile, has not deposed anything against the accused persons and thereby not supported the case of prosecution. Nothing substantial has been elicited in the cross- examination of this witness by the prosecution. Later, it is brought to the court notice that, complainant and accused persons being friends have compromised the matter among themselves and are living harmoniously in their respective places. Therefore, in order to promote harmonious relationship among the complainant and accused persons, the evidence of other witnesses has been dropped 7 C.C.No.5207/2013 as not required. As a result, the prosecution has failed to prove the charges leveled against the accused persons with cogent, convincing and corroborative evidence. Therefore, above point No.1 is answered in the Negative.
11.Point No.2: In view of the negative findings on the above point No.1, I proceed to pass the following ORDER Acting U/s.248(1) of Cr.P.C., the accused No.1 to 3 are found not guilty and acquitted of the offences punishable U/s. 324 r/w 34 of IPC.
The bail & bail bond of the accused and sureties shall stands cancelled.
Seized item No.1 to 4 mud and clothes under P.F. No.84/2012, being worthless are ordered to be destroyed after the expiry of the appeal period. Interim custody of one Maruthi Omni seized under P.F.No.92/2012, to the applicant is made absolute. One long and cricket wicket bat seized under P.F. No.93/2012, are ordered to be confiscated to Government 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 4th day of November 2016).
(Mala N.D) XLIV Addl.C.M.M., B'lore.
8 C.C.No.5207/2013ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1: Rudresh
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 P.W. 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.5207/2013
Judgment pronounced in Open
Court vide separate:-
ORDER
Acting U/s.248(1) of Cr.P.C., the
accused No.1 to 3 are found not guilty
and acquitted of the offences punishable U/s. 324 r/w 34 of IPC.
The bail & bail bond of the
accused and sureties shall stands
cancelled.
Seized item No.1 to 4 mud and
clothes under P.F. No.84/2012, being worthless are ordered to be destroyed after the expiry of the appeal period.
Interim custody of one Maruthi Omni seized under P.F.No.92/2012, to the applicant is made absolute. One long and cricket wicket bat seized under P.F. No.93/2012, are ordered to be confiscated to Government after expiry of the appeal period.
(Mala N.D) XLIV Addl.C.M.M., B'lore.
10 C.C.No.5207/2013