Bangalore District Court
Murugesh.K vs Naveen on 19 February, 2025
KABC0C0283742017
IN THE COURT OF THE X ADDL.C.J.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 19th day of February 2025
PRESENT: Smt. ANJALI SHARMA.V.S
B.B.A.(Hons.), LL.B.(Hons.),
X Addl. Chief Judicial Magistrate,
Bengaluru City.
C.C.No.58693/2017
Complainant State by, Police Sub Inspector
Halasur Police Station
/vs/
Accused No. 1. G. Naveen S/o. Gajendran,
Aged about 20 years,
2. Gileet Surya S/o. Kalaivanan,
Aged about 24 years,
3. Gowtham @ Papi S/o. Velu,
Aged about 18 years,
4. Aravind S/o Gajendra,
Aged about 18 years,
All are R/at No.36, 1st Main,
II Stage, Gowthampura, Halasuru,
Bengaluru.
2 C.C.No. 58693/2017
:: JUDGMENT ::
The Halasur Police Station, Bengaluru filed this charge sheet against the accused for the offence punishable under Sections 323, 324, 504 R/w. 149 of IPC.
2. The brief facts of the prosecution case that:
That on 11/12/2016 at about 5.00 p.m., when CW2 was sitting on his bike in front of his house at Gowthampura, accused No. 1 to 4 along with accused No. 5, called CW2 to go near them. When he refused to go, accused persons in prosecution of common object, voluntarily caused hurt to CW2 by assaulting him with hands, intentionally insulted him by abusing him in foul language. When CW1 along with his wife questioned the same, accused No. 1 voluntarily caused hurt to CW1 by assaulting him with club on his head and caused bleeding injury and voluntarily caused hurt to CW1's wife by assaulting her with hands and thereby accused persons committed an offence punishable under Sec.323, 324, 504 R/w. 149 of IPC.
3. The Investigating officer after completion of the investigation, filed the charge-sheet against the accused No. 1 to 5. This Court took cognizance for the said offence and registered the case and issued summons to the accused No. 1 to 5. Accused No. 1 3 C.C.No. 58693/2017 to 5 appeared and got enlarged on bail. During the course of trial case against accused No. 5 ordered to split-up.
4. After compliance of Section 207 of Cr.P.C., this Court framed charge against the accused No. 1 to 4 for the offence punishable under section 323, 324, 504 R/w. 149 of IPC and read over the same to them in the language known to them. The accused No. 1 to 4 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 No. 1 to 4 the prosecution got examined three witnesses as PW1 to PW3 and got marked three documents as per Ex.P1 to Ex.P3.
6. As the witness/victim turned hostile, the remaining witnesses were dropped and the statement of the accused No. 1 to 4 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 11/12/2016 at about 5.00 p.m., in front of CW1's house at Gowthampura, 4 C.C.No. 58693/2017 accused No. 1 to 4 along with accused No.5, in prosecution of common object picked up a fight with CW2 when he refused to go to them and voluntarily caused hurt to CW2 by assaulting him with hands, and intentionally insulted him by abusing him in foul language, and when CW1 along with his wife questioned the same, accused No.1 voluntarily caused hurt to CW1 by assaulting him with club on his head and caused bleeding injury and voluntarily caused hurt to CW1's wife by assaulting her with hands and thereby accused persons committed an offence punishable under Sec.323, 324, 504 R/w. 149 of IPC and within the cognizance of this Court?
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, in front of CW1's house at Gowthampura, accused No. 1 to 4 along with accused No.5, in prosecution of common object picked up a fight with CW2 when he refused to go to them and voluntarily caused hurt to CW2 by assaulting him with hands, and intentionally insulted him by abusing him in foul language, and when CW1 along with his wife questioned the same, accused No.1 voluntarily caused hurt to CW1 by assaulting him with club on his 5 C.C.No. 58693/2017 head and caused bleeding injury and voluntarily caused hurt to CW1's wife by assaulting her with hands
11. CW1, Murugesh is examined as PW1. He deposed that, accused persons are his relatives. He further submitted that, no quarrel took place between him and the accused persons. He further deposed that, accused persons did not assault him with hands and club. He denied that, accused intentionally insult him in foul language. He also deposed that he did not file any complaint as per Ex.P1 against the accused persons in the police station. Though PW1 identified his signature on Ex.P1 & Ex.P2, he deposed that he does not know the contents of those documents. Though he was treated as hostile by the prosecution nothing was elicited in his cross-examination.
12. Smt. Meena wife of CW1, is examined as PW2. She deposed that, accused persons are her relatives. CW1 is her husband and CW2 is her son. She further submitted that, no quarrel took place between her and accused persons. She further deposed that, accused persons did not assault her with hands and her husband with club. She denied that, accused intentionally insult her in foul language. Though she was treated as hostile by the prosecution nothing was elicited in her cross-examination.
13. CW2, Chandran is examined as PW3. He deposed that, accused persons are his relatives. PW1 & 2 are his parents. He 6 C.C.No. 58693/2017 further submitted that, no quarrel took place between him and the accused persons. He further deposed that, accused persons did not assault him and PW1 with club. He denied that, accused persons intentionally insult him in foul language. He also deposed that he did not give any statement as per Ex.P3 against the accused persons in the police station. Though he was treated as hostile by the prosecution nothing was elicited in his cross-examination.
14. On perusal, the prosecution had to prove that, accused No. 1 to 4 along with accused No. 5 in prosecution of common object, voluntarily caused hurt to CW2, CW1 and wife of CW1 by assaulting them with hands and club and intentionally insulted them by abusing in foul language.
15. 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 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 7 C.C.No. 58693/2017 completing the procedure to pronounce the conclusion on the future date."
16. 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.
17. 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 No. 1 to 4 are acquitted for the offence punishable under Sections 323, 324, 504 R/w. 149 of IPC.
Bail bond of accused persons stands canceled. Cash surety to be refunded.
Office to retain the file till the disposal of split up case.
(Dictated to the Stenographer, directly on computer, corrected by me and then pronounced in the open Court today, 19.02.2025) Digitally signed by ANJALI V ANJALI V S SHARMA S SHARMA Date: 2025.02.25 16:12:04 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.
8 C.C.No. 58693/2017ANNEXURE List of witnesses examined for prosecution:
P.W-1 : Murugesh P.W-2 : Meena P.W-3 : Chandran
List of documents marked for prosecution:
Ex.P1 : Complaint Ex.P1(a) : Signature of PW1 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1 Ex.P3 : Statement of PW3
List of witnesses examined for accused:
::NIL::
List of documents marked for accused:
::NIL::
List of material objects marked: Digitally signed by
ANJALI V S ANJALI V S SHARMA
::NIL:: SHARMA Date: 2025.02.25
16:11:56 +0530
(ANJALI SHARMA.V.S)
X A.C.J.M., BENGALURU.