Bangalore District Court
Banashankari Police Station vs Mahadeva on 23 April, 2024
1 C.C.No.9739/2023
KABC030165522023
Presented on : 21-04-2023
Registered on : 21-04-2023
Decided on : 23-04-2024
Duration : 1 years, 0 months, 2 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 23rd day of April 2024
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.9739/2023 Date of commission of the
2. 31.01.2023 offence (As per F.I.R.) Banashankari Police Station,
3. Name of the complainant Bengaluru City
4. Name of the accused 1. Mahadeva, S/o Madaiah, Aged about 25 years.
2. Puneet Kumar, S/o Mahadeva, Aged about 21 years.
R/at No.515, 7th Main, 8th Cross, Kaveri Nagar, Banashankari 2nd Stage, Bengaluru-560070.
2 C.C.No.9739/2023
3. Samveil, S/o Shyam, Aged about 23 years, R/at No.646, 7th Main, 8th Cross, Kaveri Nagar, Banashankari 2nd Stage, Bengaluru-560070.
Sections 323, 324, 504 and The offences complained
5. 506 R/w Section 34 of the of Indian Penal Code
6. Plea of the accused Pleaded not guilty The accused persons are
7. Final order acquitted
8. Date of order 23.04.2024 The Police Sub-Inspector of Banashankari Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 31.01.2023 at 10.30 p.m., when accused No.1 was loading waste materials of house construction on the tractor by parking it on 8 th Cross Road, 7th Main, Kaverinagara, Banashankari 2 nd Stage, Bengaluru within the territorial jurisdiction of Banashankari 3 C.C.No.9739/2023 Police Station, Bengaluru City, CW1 was returning to his house on the said road. At that time, accused No.1 was telling the residents of the said road by shouting to remove their vehicles which were parked in front of their houses. When CW1 questioned the accused that why he is making trouble to the people by doing work during night hours?; is it the time to do work?, accused No.1 abused CW1 in filthy language. Immediately after CW1 told accused No.1 that others are getting trouble from him and he will call the Police. From it, accused No.1 became angry and the accused persons in furtherance of their common intention came forwarded to assault CW1. Accused No.1voluntarily caused simple hurt to CW1 on his right eye with fruit crate; accused No.2 voluntarily caused simple hurt on the head of CW1 with plastic pipe; accused No.3 voluntarily caused simple hurt to CW1 on his face with stone; accused No.1 to 3 have voluntarily caused simple hurt to CW1 on his face and back with their hands and gave life threat stating that if he come again to their matter, they will not leave his life. Thereby, the accused persons have committed the offences punishable 4 C.C.No.9739/2023 under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.35/2023 at Banashankari Police Station, Bengaluru City. On completion of the investigation, the Sub-Inspector of Police, Banashankari Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences and registering the Criminal Case against the accused persons, the process was issued to the accused persons. They have appeared before this Court and enlarged on bail. The copies of the Police Report and other Prosecution papers are furnished to the accused persons under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed offences triable by this Court, charges for the offences punishable under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code are framed and read over to them in 5 C.C.No.9739/2023 Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused persons, out of 9 witnesses cited by the Investigation Officer in the Police Report, the Prosecution has produced the oral evidences of only one witness as PW1. PW1 Ganesh is the First Informant, Mahazar and the injured witness. The prosecution has also produced the documentary evidences in Ex.P1 and Ex.P2. Among them, Ex.P1 is the First Information and Ex.P2 is the Spot Mahazar.
5. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the accused persons. Perused the materials available on record.
6. The points for determination are;
6 C.C.No.9739/2023
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
7. My answers to the above points are as follows:
Point No.1 : In the Negative,
Point No.2 : As per final order for the following;
REASONS
8. POINT No.1 :- As per the case of prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.35/2023 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused persons for the offences punishable under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons. PW1 during his examination-in-chief has deposed that he know the accused 7 C.C.No.9739/2023 persons; no quarrel was taken place between him and the accused persons; since there were some petty differences between him and the accused persons, he gave First Information as per Ex.P1; he does not know its contents; he does not know the contents of Ex.P2; he signed the said document at Police Station; the Police have not conducted any Mahazar in his presence and did not seized anything at that time and he has not obtained any treatment at hospital alleging that he has sustained injuries as a result of the alleged assault by the accused persons. He has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, he has denied the contents of Ex.P1; he gave it; he has obtained treatment at Sanjay Gandhi Hospital, Jayanagara for the injuries sustained in the alleged incident; the Mahazar conducted at the place of incident as per Ex.P2 in his presence and the seizer of Fruit Crate, Plastic Pipe and stone. Nothing has been elicited in his cross-examination supporting the case of the prosecution. 8 C.C.No.9739/2023
9. On perusal of the above evidences, it appears that the First Informant and the injured witness PW1 has deposed not supporting the case of the prosecution. He has deposed in his cross-examination that he and the accused persons have compromised the matter between them. Therefore, if the evidences of the other Prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of the other Prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
10. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found guilty for the aforesaid offences charged against them. In the result, I proceed to pass the following; 9 C.C.No.9739/2023
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 324, 504 and 506 R/w Section 34 of the Indian Penal Code.
Their bail bonds executed and cash surety furnished under Section 436 of Cr.P.C. will be in force till appeal period and thereafter, they shall be canceled.
The properties seized and reported in PF No.25/2023 are ordered to destroy after appeal period.
(Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 23.04.2024) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Ganesh N. 10 C.C.No.9739/2023 Documents marked on behalf of Prosecution :-
Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Spot Mahazar, Ex.P2(a) : Signature.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.