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Satish.N @ Satish Gowda vs Shashi Kumar.N on 25 January, 2025

KABC0C0297942022




             IN THE COURT OF THE X ADDL.C.J.M.
                MAYO HALL UNIT, AT BENGALURU

              Dated: This the 25th day of January 2025

               PRESENT: Smt. ANJALI SHARMA.V.S
                              B.B.A.(Hons.), LL.B.(Hons.),
                     X Addl. Chief Judicial Magistrate,
                               Bengaluru City.

                       C.C.No.58694/2022

   Complainant     State by, Police Sub Inspector
                   Byappanahalli Police Station
                                /vs/
   Accused         Shashi Kumar S/o. Narayanaswamy
                   Aged about 27 years,
                   R/at. No. 131, 4th Cross, Gajendra Nagar,
                   Old Byappanahalli, Bengaluru.

                            :: JUDGMENT :

:

The Byappanahalli Police Station, Bengaluru filed this charge sheet against the accused for the offence punishable under Sections 323, 324 of IPC.

2. The brief facts of the prosecution case that:

That on 02/7/2022 at about 10.00 pm, when CW1 and CW2 went to purchase alcohol in front of Sree Venkateshwara Tailors, 2 C.C.No. 58694/2022 Byappanahalli Main Road, accused voluntarily caused hurt to CW2 with beer bottle on his head and voluntarily caused hurt to CW1 by stabbing his neck with broken beer bottle and thereby accused committed an offence punishable under Sec. 323, 324 of IPC.

3. The Investigating officer after completion of the investigation, filed the charge-sheet against the accused. This Court took cognizance for the said offence and registered the case and issued summons to the accused. Accused appeared and got enlarged on bail.

4. After compliance of Section 207 of Cr.P.C., this Court framed charge against the accused for the offence punishable under section 323, 324 of IPC and read over the same to him in the language known to him. The accused pleaded not guilty and claimed to be tried. Therefore, the case was posted for trial.

5. In order to bring home the guilt of the accused the prosecution got examined two witness as PW-1 & PW-2 and got marked two documents as per Ex.P1 & Ex.P2.

6. As the witness/victim turned hostile, the remaining witnesses were dropped and the statement of the accused under Section 313 of Cr.P.C. was dispensed with.

7. Heard the learned A.P.P. and learned counsel for the accused.

8. The points that arise for my consideration are as under :-

1. Whether the prosecution proves beyond all reasonable doubt that, on 02/7/2022 at about 10.00 pm, when CW1 and CW2 went to purchase alcohol in front of Sree Venkateshwara Tailors, Byappanahalli Main Road, accused voluntarily caused hurt to CW2 with beer bottle on his head and voluntarily caused hurt to CW1 by stabbing his neck with broken beer bottle and thereby accused committed an offence punishable under Sec. 323, 324 of IPC?

2. What order?

9. My findings on the above said points are as under:

           Point No.1       :       In the Negative.

           Point No.2       :       As per the final order for
                                    the following:
                           REASONS

10. POINT No.1:- It is the case of the prosecution that, accused voluntarily caused hurt to CW2 with beer bottle on his head and voluntarily caused hurt to CW1 by holding his neck.

11. CW1, Sathish is examined as PW1 and deposed that, he is not acquainted with accused. He further deposed that, no quarrel 4 C.C.No. 58694/2022 took place between him and accused. He denied that, accused voluntarily caused hurt to him by assaulting with hands and beer bottle. He further deposed that, he did not file any complaint as per Ex.P1 against the accused in the police station. Though PW1 identified his signature on Ex.P1 complaint. He deposed that he does not know the contents of that document. Though the above mentioned witness were treated as hostile by the prosecution, nothing was elicited in his cross-examination.

12. CW2, Shaban Beig is examined as PW2 and deposed that, PW1 is his friend and he is not acquainted with accused. He further deposed that, no quarrel took place between him and accused. He denied that, accused voluntarily caused hurt to him by assaulting with hands and beer bottle. He further deposed that, he did not give any statement as per Ex.P2 against the accused in the police station. Though this witness was also treated as hostile by the prosecution, nothing was elicited in his cross-examination.

13. On perusal, the prosecution had to prove that, accused voluntarily caused hurt to CW2 with beer bottle on his head and voluntarily caused hurt to CW1 by holding his neck.

14. As the eye witnesses and the victim turned hostile, there is no iota of evidence to attract the offence alleged by the prosecution. As such examination of the prosecution witnesses 5 C.C.No. 58694/2022 only for the purpose of completing the procedural aspect will not serve any judicious purpose and is sheer waste of the precious time of the Court. At this stage, it is relevant to rely upon the decision of Satish Mehra v. Delhi Administration and Another, (1996) 9 SCC 766, wherein, the Hon'ble Apex Court has held as follows:

"When the judge is fairly certain that there is no prospect of the case ending in conviction the valuable time of the court should not be wasted for holding a trial only for the purpose of formally completing the procedure to pronounce the conclusion on the future date."

15. The principle of law laid down by the Hon'ble Supreme Court in the above case is applicable to this case as well. Considering the facts and circumstances of the present case, it is clear that the prosecution has failed to prove the guilt of the accused beyond all reasonable doubts. Under these facts and circumstances of the case, the Point No.1 is answered in the Negative.

16. POINT No.2:- In view of my discussions on the aforesaid points, I proceed to pass the following:

:O R D E R:

Acting under Section 255(1) of Cr.P.C., the Accused is acquitted for the offence punishable under Sections 323, 324 of IPC.

Bail bond of accused stands canceled. Cash security to be refunded.

Beer bottle piece at item no.1 of PF No.47/2022 dated 03/07/2022 to be destroyed after the appeal period.

(Dictated to the Stenographer, directly on computer, corrected by me and then pronounced in the open Court today, 25.01.2025) Digitally signed by ANJALI V S ANJALI V S SHARMA SHARMA Date: 2025.02.04 11:58:54 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.

ANNEXURE List of witnesses examined for prosecution:

P.W-1        :      Sathish
P.W-2        :      Shaban Beig

List of documents marked for prosecution:

Ex.P1      :    Complaint
Ex.P1(a)   :    Signature of PW1
Ex.P2      :    Statement of PW2

List of witnesses examined for accused:

::NIL::

List of documents marked for accused:

::NIL::

List of material objects marked:

::NIL::

ANJALI V ANJALI V S SHARMA S SHARMA Date: 2025.02.04 11:59:00 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.