Bangalore District Court
State By Mahadevapura P.S vs Arun Vincent @ Arun on 6 May, 2023
KABC0C0201702019
IN THE COURT OF THE XXIX ADDL.C.M.M
MAYOHALL UNIT, BENGALURU
Dated: The 06th May 2023
PRESENT : Sri. SANDEEP PATIL,
B.A. LL.M.,
XXIX Addl. Chief Metropolitan Magistrate, Bengaluru.
C.C.No.55621/2019
COMPLAINANT :- State by Mahadevapura P.S
(By Sr.APP)
ACCUSED :- 1. Arun Vincent @ Arun
S/o. Vincent,
Aged 27 years,
2. Amal Vincent
S/o. Vincent,
Aged 23 years,
3. Jomon Benni S/o. Benni,
Aged 23 years,
4. Akhil Bizu
S/o. Bizu Joseph,
Aged 22 years,
All are R/at.No.17,
C/o. Ramamurthy's house,
2 C.C.No.55621/2019
Jagavanishi Nilaya, 8th Cross,
Lakshmisagara Layout,
Mahadevapura post, Bengaluru.
(By Sri. NN, Adv.,)
DATE OF 25.10.2021
COMMENCEMENT OF
EVIDENCE
DATE OF CLOSING OF 18.04.2023
EVIDENCE
DATE OF JUDGMENT 06.05.2023
JUDGMENT
This final report filed by the PSI of Mahadevapura P.S against the accused No.1 to 4 for the offences punishable U/s.323, 324, 504, 506 R/w.Sec.34 of Indian Penal Code.
2. BRIEF FACTS:-
The case of prosecution is that on 16.04.2019 at about 6.30 P.M in front of Ranganathaswamy Nilaya, Lakshmisagara Layout, 8th Cross, VST Layout within the jurisdictional limits of Mahadevapura Police Station the accused No.1 to 4 in furtherance of common intention have assaulted CW.4 and CW.5 with hands causing simple injury, assaulted CW.1 and CW.6 with cricket bat causing simple injury, intentionally insulted CW.1 causing breach of peace and criminally intimidated CW.5.3 C.C.No.55621/2019
3. Based on the first information of CW.1, the police have registered the case, investigation was conducted and after completion of the investigation charge sheet filed against the accused No.1 to 4 stating that they have committed the offences P/U/Sec.323, 324, 504, 506 R/w.Sec.34 of Indian Penal Code.
4. The accused No.1 to 4 have 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 is read over and explained to the accused to which they pleaded not guilty and claimed to be tried.
5. The prosecution has examined PW.1 to PW.6 and Ex.P1 to Ex.P7 are exhibited. There are no incriminatory statements are available against the accused and accordingly the statement of the accused U/s.313 of Cr.P.C., is dispensed with.
6. Heard arguments on both sides, perused the materials placed on record.
7. The following points arise for my consideration:-
1. Whether the prosecution proves beyond reasonable doubt that on 16.04.2019 at about 6.30 P.M in front of Ranganathaswamy Nilaya, Lakshmisagara Layout, 8th Cross, VST Layout 4 C.C.No.55621/2019 within the jurisdictional limits of Mahadevapura Police Station the accused No.1 to 4 in furtherance of common intention have intentionally insulted CW.1 causing breach of peace thereby committed an offence punishable U/s.504 R/w.Sec.34 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 to 4 in furtherance of common intention have assaulted CW.4 and CW.5 with hands causing simple injury thereby committed an offence punishable U/s.323 R/w.Sec.34 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 to 4 in furtherance of common intention among them accused No.1 and 3 have assaulted CW.1 and CW.6 with cricket bat causing simple injury thereby committed an offence punishable U/s.324 R/w.Sec.34 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 to 4 in furtherance of common intention have criminally intimidated CW.5 thereby committed an offence punishable U/s.506 R/w.Sec.34 of IPC?
5. What order?
8. My answer to the aforesaid points is as under:-
Point No.1 to 4 - In the Negative Point No.5- As per final order for the following:-5 C.C.No.55621/2019
REASONS
9. Point No.1 to 4 :- 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.1 to PW.6 are the injured/victims who have testified that the accused No.1 to 4 in furtherance of common intention have neither assaulted CW.4 and CW.5 with hands and CW.1 and CW.6 with cricket bat causing simple injuries nor intentionally insulted CW.1 causing breach of peace or criminally intimidated them. The PW.1 has stated that he has not given the complaint as per Ex.P1 in this regard. Although PW.1 subscribes to his signature appearing in the complaint at Ex.P1 and spot mahazar at Ex.P2, he pleads ignorance to the contents of Ex.P1 and Ex.P2. The PW.1 to PW.6 are treated hostile and cross-examined by the Ld.Sr.APP wherein nothing substantial is elicited in order to support the case of prosecution. PW.2 to PW.6 stated that they have not given the statements as per Ex.P3 to Ex.P7 in this regard. PW.1 to PW.6 admit to have compromised with the accused No.1 to 4.
11. This Court was of the opinion that PW.1 to PW.6 are the material witnesses who have turned hostile and therefore the remaining witnesses were dropped by rejecting the prayer of Ld.Sr.APP.
6 C.C.No.55621/201912. On considering the evidence of PW.1 to PW.6 the complaint at Ex.P1 their evidence appears to be contradictory. The evidence of PW.1 to PW.6 is inconsistent with Ex.P1. The statements of PW.2 to PW.6 are in contradiction with Ex.P3 to Ex.P.7. PW.1 to PW.6 have admitted to have compromised with the accused. Therefore I hold that the prosecution is unable to establish the guilt of the accused beyond reasonable doubt. Hence the accused No.1 to 4 deserve to be acquitted. Therefore I answer point No.1 to 4 in the NEGATIVE.
13. Point No.5: For the aforesaid reasons, I proceed to pass the following:
ORDER Acting U/s.248(1) Cr.P.C., accused No.1 to 4 are hereby ACQUITTED for the offences punishable U/s.323, 324, 504, 506 R/w.Sec.34 of Indian Penal Code.
The bail bond of the accused No.1 to 4 stands cancelled. The cash security offered by accused No.1 to 4 for their release on bail shall be refunded on proper identification. (Dictated by me on computer, typed by the steno, same was corrected by me and then pronounced in open Court on this the 06th May 2023).
(Sandeep Patil) XXIX ACMM, BENGALURU 7 C.C.No.55621/2019 ANNEXURES LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION PW.1 Bhaskar.R PW.2 Gururaju PW.3 Manjunath PW.4 Padmanabharao PW.5 Maruthi.H.R PW.6 Rangappa LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION Ex.P.1 Complaint Ex.P.1(a) Signature of PW.1 Ex.P.2 Spot Mahazar Ex.P.2(a) Signature of PW.1 Ex.P.3 Statement of PW.2 Ex.P.4 Statement of PW.3 Ex.P.5 Statement of PW.4 Ex.P.6 Statement of PW.5 Ex.P.7 Statement of PW.6 LIST OF MATERIAL OBJECTS GOT MARKED :-
NIL (Sandeep Patil) XXIX ACMM, BENGALURU 8 C.C.No.55621/2019 06.05.2023 State by APP Accused For Judgment (Judgment passed separately in the Open Court) ORDER Acting U/s.248(1) Cr.P.C., accused No.1 to 4 are hereby ACQUITTED for the offences punishable U/s.323, 324, 504, 506 R/w.Sec.34 of Indian Penal Code.
The bail bond of the accused No.1 to 4 stands cancelled. The cash security offered by accused No.1 to 4 for their release on bail shall be refunded on proper identification.
XXIX ACMM