Bangalore District Court
State By Hal Police Station vs Shivanna.H.M S/O. Late Madanna on 9 March, 2022
IN THE COURT OF THE XXIX ADDL.C.M.M
MAYOHALL UNIT, BENGALURU
Dated: The 09th March 2022
PRESENT: Sri. G.R.KULKARNI,
B.A.(LAW)., LL.B.,
XXIX Addl. Chief Metropolitan Magistrate, Bengaluru.
C.C.No.54151/2018
COMPLAINANT :- State by HAL Police Station
(By Sr.APP)
ACCUSED Shivanna.H.M s/o. Late Madanna,
Aged 55 years,
R/at. No.803, 2nd Main Road,
'C' Block, AECS Layout,
Kundanahalli, Bengaluru.
(By Sri. M.Shiva Kumar., Advocate)
DATE OF COMMENCEMENT OF 16.12.2021
EVIDENCE
DATE OF CLOSING OF 04.03.2022
EVIDENCE
DATE OF JUDGMENT 09.03.2022
JUDGMENT
This is a final report filed by the PSI of HAL P.S against the accused for the offences punishable u/s.498(A), 324, 506 of Indian Penal Code.
2 C.C.No.54151/20182. BRIEF FACTS:-
The case of prosecution is that CW.1 got married to accused, After marriage CW.1 has led her marital life at her matrimonial house situated at No.803, 2nd Main Road, 'C' Block, AECS Layout, Kundanahalli within the jurisdictional limits of HAL Police Station and subsequently the accused has physically and mentally harassed CW.1 committed cruelty and also the accused has assaulted CW.1 with wooden chair and criminally intimidated her.
3. Based on the first information of CW.1, the police have registered the case, investigation was conducted and after completion of the investigation final report is filed against the accused.
4. The accused has entered appearance in response to the summons and have been enlarged on bail. The prosecution papers have been supplied to the accused. After hearing, the charge against the accused was framed to which he pleaded not guilty and claimed to be tried.
5. The prosecution has examined PW.1 to PW.3 and Ex.P.1 to Ex.P.3 are exhibited. The statement of the accused u/s. 313 of Cr.P.C., was recorded wherein he denied the incriminating circumstances as false. The accused submits no defence.
6. Heard arguments on both sides.
3 C.C.No.54151/20187. The following points arise for my consideration:-
1. Whether the prosecution proves beyond reasonable doubt that the accused has committed cruelty upon CW.1 thereby committed an offence punishable u/s. 498(A) of IPC?
2. Whether the prosecution proves beyond reasonable doubt that the accused has assaulted CW.1 with wooden chair causing simple injury thereby committed an offence punishable u/s.324 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that the accused has criminally intimidated CW.1 thereby committed an offence punishable u/s.506 of IPC?
4. What order?
8. My answer to the aforesaid points is as under:-
Point No.1 to 3 - In the Negative
Point No.4 - As per final order for the following:-
REASONS
9. Point No.1 to 3: As the facts pertaining to these points are related to each other, all these points are taken together for common discussion for brevity.
10. In the instant case PW.2 and PW.3 who are the attesting witness to the spot mahazar have turned hostile. They subscribe to their signatures appearing in the spot mahazar at Ex.P.3 but they do not elicit the contents of it. PW.2 and PW.3 are treated hostile and cross-examined by the Ld.Sr.APP wherein nothing substantial is elicited in order to support the case of prosecution.
4 C.C.No.54151/201811. PW.1 is the I.O who has testified that on 25.08.2017 he has received the written complaint from CW.1 at 12.30 P.M as per Ex.P1. He has drawn the FIR as per Ex.P2. On the same day he has visited the spot and conducted the spot panchanama as per Ex.P3 in between 2.30 P.M to 3.00 P.M in the presence of CW.3 and CW.4 at the place of occurrence shown by CW.1. He has recorded the statements of CW.2 to CW.4. Thereafter he has handed over the further investigation to CW.7.
12. In the instant case CW.1 who is the complainant is reported dead, CW.2 is the mother of CW.1, CW.5 is the Medical Officer, CW.7 is the I.O have not been secured by the prosecution inspite of giving sufficient opportunities. Hence, prayer of the Ld.Sr.APP to re-summons these witnesses is rejected and have been dropped after exhausting all effective measures.
14. In this case PW.2 and PW.3 are the attesting witness to spot mahazar who have turned hostile. PW.1 is the I.O whose evidence is corroborative in nature and in the absence of evidence of material witnesses his testimony would not be helpful in establishing the case of prosecution. The material witnesses such as the complainant (CW.1) is dead. CW.2 who is the mother of the deceased complainant and CW.5 who is the medical officer and CW.7 who is the I.O have not been secured by the prosecution inspite of several opportunities and therefore these witnesses were dropped after exhausting all necessary measures. Not securing the material witnesses proves fatal to the prosecution in establishing its case.
5 C.C.No.54151/201815. Hence, I am of the view that the evidence on record is not sufficient in proving the guilt of the accused. Not securing the material witness by the prosecution proves fatal in establishing guilt of the accused. Therefore I hold that the prosecution is unable to establish the guilt of the accused beyond reasonable doubt and the charges leveled against the accused is not proved. Hence the accused deserves to be acquitted. Therefore I answer point No.1 to 3 in the NEGATIVE.
16. Point No.4: For the aforesaid reasons, I proceed to pass the following:
ORDER Acting u/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offences punishable u/s.498(A), 324, 506 of Indian Penal Code.
The bail bond of the accused and that of his surety stands cancelled.
(Dictated by me on computer, typed by the steno, same was corrected by me and then pronounced in open Court on the 09th March 2022) (G.R.Kulkarni) XXIX ACMM, BENGALURU 6 C.C.No.54151/2018 ANNEXURES LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION PW.1 Chandurappa ASI PW.2 Konnarayudu PW.3 Shiva LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION Ex.P.1 Complaint Ex.P.1(a) Signature of PW.1 Ex.P.2 FIR Ex.P.2(a) Signature of PW.1 Ex.P.3 Spot mahazar Ex.P.3(a) Signature of PW.1 Ex.P.3(b) Signature of PW.2 Ex.P.3(c) Signature of PW.3 LIST OF MATERIAL OBJECTS GOT MARKED :-
NIL (G.R.Kulkarni) XXIX ACMM, BENGALURU 7 C.C.No.54151/2018 09.03.2022 State by APP Accused For Judgment (Judgment passed separately order in the Open Court) ORDER Acting u/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offences punishable u/s.498(A), 324, 506 of Indian Penal Code.
The bail bond of the accused and that of his surety stands cancelled.
XXIX ACMM