Bangalore District Court
Fairoz Khan vs Afzal @ Afzal Khan on 26 December, 2024
KABC0C0121322018
IN THE COURT OF THE X ADDL.C.J.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 26th day of December 2024
PRESENT: Smt. ANJALI SHARMA.V.S
B.B.A.(Hons.), LL.B.(Hons.),
X Addl. Chief Judicial Magistrate,
Bengaluru City.
C.C.No.53640/2018
Complainant State by, Police Sub Inspector
Halasur Police Station
/vs/
Accused No. 2. Afulla @ Bablu S/o. Prem Lal
Aged about 27 years,
R/at No. 09, Masjid Road,
Halasuru, Bengaluru.
(Case against A1, 3 and 4 - Split up case)
:: JUDGMENT ::
The Halasur Police Station, Bengaluru filed this charge sheet against the accused No. 1 to 4 for the offence punishable under Sections 323 & 504 R/w. 34 of IPC.
2. The brief facts of the prosecution case that:
That on 24/01/2017 at about 4.20 pm, accused No.1 called CW1 to come near Punjab & Sindh Bank, Swamy Vivekananda 2 C.C.No. 53640/2018 Road, Halasuru and at the said place at 4.30 pm., accused No.2 along with accused No.1, 3 and 4 in furtherance of common intention, picked up a fight with CW1 with regard to money and intentionally insulted him by abusing him in filthy language and accused No.1 voluntarily caused hurt to CW1 by assaulting him with hands on his cheek and chest, accused No.2 voluntarily caused hurt to CW1 by punching him with hands on his right eye, accused No.3 voluntarily caused hurt to CW1 by assaulting him with hands on his body and accused No.4 voluntarily caused hurt to CW1 by kicking him with leg on his right side of the waist and thereby accused No.2 along with accused No. 1, 3 & 4 committed an offence punishable under Sec. 504, 323 R/w. 34 of IPC.
3. The Investigating officer after completion of the investigation, filed the charge-sheet against the accused No. 1 to 4. This Court took cognizance for the said offence and registered the case and issued summons to the accused No. 1 to 4. Accused No.2 appeared and got enlarged on bail.
4. After compliance of Section 207 of Cr.P.C., this Court framed charge against the accused No. 2 for the offence punishable under section 323, 504 R/w. 34 of IPC and read over the same to him in the language known to him. The accused No. 2 pleaded not guilty and claimed to be tried. Therefore, the case was posted for 3 C.C.No. 53640/2018 trial. During the course of trial case against accused No. 1, 3 & 4 ordered to split up.
5. In order to bring home the guilt of the accused No. 2 the prosecution got examined one witness as PW-1 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 No.2 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 24/01/2017 at about 4.20 pm, accused No.1 called CW1 to come near Punjab & Sindh Bank, Swamy Vivekananda Road, Halasuru and at the said place at about 4.30 p.m., accused No.2 along with accused No.1, 3 and 4 in furtherance of common intention, picked up a fight with CW1 with regard to money and intentionally insulted him by abusing him in filthy language and accused No.1 to 4 voluntarily caused hurt to CW1 by assaulting him with hands and by punching and kicking him and thereby accused No.2 along with accused No. 1, 4 C.C.No. 53640/2018 3 & 4 committed an offence punishable under Sec.
504, 323 R/w. 34 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 No. 2 along with accused No. 1, 3 and 4 in furtherance of common intention, picked up a fight with CW1 with regard to money and intentionally insulted him by abusing him in filthy language and accused No.1 voluntarily caused hurt to CW1 by assaulting him with hands on his cheek and chest, accused No.2 voluntarily caused hurt to CW1 by punching him with hands on his right eye, accused No.3 voluntarily caused hurt to CW1 by assaulting him with hands on his body and accused No.4 voluntarily caused hurt to CW1 by kicking him with leg on his right side of the waist.
11. CW1, Firoz Khan is examined as PW1 and deposed that, he is acquainted with accused persons and CW2 is his brother. He further deposed that, no quarrel took place between him and accused persons. He denied that, accused persons voluntarily 5 C.C.No. 53640/2018 caused hurt to him by assaulting him with hands. He further deposed that, accused persons did not abuse him in foul language. He further deposed that, he did not file any complaint as per Ex.P1 against the accused persons in the police station. Though PW1 identified his signatures on Ex.P1 complaint & Ex.P2. He deposed that he does not know the contents of those documents. Though the above mentioned witness were treated as hostile by the prosecution, nothing was elicited in his cross-examination.
12. On perusal, the prosecution had to prove that, accused No. 2 along with accused No. 1, 3 and 4 in furtherance of common intention, picked up a fight with CW1 with regard to money and intentionally insulted him by abusing him in filthy language and accused No.1 voluntarily caused hurt to CW1 by assaulting him with hands on his cheek and chest, accused No.2 voluntarily caused hurt to CW1 by punching him with hands on his right eye, accused No.3 voluntarily caused hurt to CW1 by assaulting him with hands on his body and accused No.4 voluntarily caused hurt to CW1 by kicking him with leg on his right side of the waist.
13. 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 6 C.C.No. 53640/2018 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."
14. 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 persons beyond all reasonable doubts. Under these facts and circumstances of the case, the Point No.1 is answered in the Negative.
15. 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. 2 is acquitted for the offence punishable under Sections 504, 323 R/w. 34 of IPC.
Bail bond of accused No.2 stands canceled. Cash security to be refunded.7 C.C.No. 53640/2018
Office to retain this file till disposal of Split up case.
(Dictated to the Stenographer, directly on computer, corrected by me and then pronounced in the open Court today, 26.12.2024) Digitally signed by ANJALI V S ANJALI V S SHARMA SHARMA Date: 2025.01.23 17:02:04 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.
ANNEXURE List of witnesses examined for prosecution:
P.W-1 : Firoz Khan List of documents marked for prosecution:
Ex.P1 : Complaint Ex.P1(a) : Signature of PW1 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1
List of witnesses examined for accused:
::NIL::
List of documents marked for accused:
::NIL::
List of material objects marked:
::NIL::Digitally signed by
ANJALI V S ANJALI V S SHARMA
SHARMA Date: 2025.01.23
17:02:15 +0530
(ANJALI SHARMA.V.S)
X A.C.J.M., BENGALURU.