Bangalore District Court
Jagan Mohan vs Bindu Bai on 22 March, 2025
1 CC.No.54351/2015
KABC0C0070272015
IN THE COURT OF THE X ADDL. C.J.M.,
MAYO HALL UNIT, AT BENGALURU
Dated: This the 22nd day of March 2025
PRESENT: Smt. ANJALI SHARMA.V.S
B.B.A.(Hons.), LL.B.(Hons.),
X Addl. Chief Judicial Magistrate,
Bengaluru City.
C.C.No.54351/2015
Complainant : State by, Police Sub Inspector
J.B.Nagar, Police Station
V/s.
Accused : Smt. Bindu Bai W/o. M.Jagan Mohan,
Aged about 33 years,
R/at. G-44, 2nd 'A' Main,
H.A.L Residential house,
Bengaluru.
JUDGMENT
The PSI of J.B.Nagar police station has filed this charge sheet against the accused for the offences punishable u/S. 341, 323, 324, 506 of IPC.
2. It is alleged by the prosecution that, accused and CW1 are husband and wife and used to reside together at G-44, 2 nd 'A' Cross, H.A.L Old Layout, Vimanapura Post, Bengaluru. There were 2 CC.No.54351/2015 differences between CW1 and accused in their marriage. On 02/06/2014 at 6.00 pm, when CW1 came home and gave his salary to his wife, accused, she abused CW3, her mother-in-law for tutoring her son, CW1 for giving less salary. When CW1 questioned accused for having abusing his mother, accused wrongfully restrained CW1 and with pepper spray, sprayed his eyes and accused also took Chapati rolling pin and assaulted him. Accused also threatened CW1 to throw acid on him if he got less salary again and thereby accused committed offences punishable under section 341, 323, 324, 506 of IPC.
3. On the basis of the FIS lodged by the informant, case was registered against the accused in J.B.Nagar P.S., Cr.No.182/2014 and FIR was submitted to the court. On completion of investigation, charge-sheet has been filed against the accused for the alleged offences.
4. Cognizance of offence was taken and summons was issued to the accused. Accused appeared before the court through her counsel and she was enlarged on bail. Copy of charge-sheet was furnished to the accused u/S.207 of Cr.P.C. After hearing, charge was framed against the accused for the offences. The accused pleaded not guilty and claimed to be tried.
3 CC.No.54351/2015
5. The prosecution in support of its case has examined six witness as PW1 to 6, and got marked 4 documents as Ex.P1 to Ex.P4. The statement of the accused was recorded u/S.313 of Cr.P.C. She denied the incriminating materials available against her and did not lead evidence. However, she got marked Ex.D1 to Ex.D13 documents through confrontation.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The following points arise for determination:
1. Whether the prosecution proves beyond doubt that, on 2.06.2014 at about 6.00 pm, accused picked up a fight with CW1 and CW3 for bringing home less salary and abused CW3 in foul language and when CW1 questioned the same, accused wrongfully restrained CW1 and sprayed pepper spray to his eyes and assaulted him with rolling pin and criminally intimidated him by threatening to throw acid on him and thereby accused committed offences punishable under section 341, 323, 324, 506 of IPC of IPC?
2. What order?
8. The above points are answered in the following manner;
Point No.1 - Negative, Point No.2 - As per final order, for the following;
4 CC.No.54351/2015REASONS
9. POINT NO.1: It is the case of prosecution that, as CW1 got less salary home accused abused CW1's mother, CW3 and when CW1 questioned the same, accused wrongfully restrained CW1 and sprayed pepper spray to his eyes and assaulted him with rolling pin and criminally intimidated him by threatening to throw acid on him.
10. PW1, Jaganmohan in his evidence deposed that, on 2.06.2014 at about 5.45-6.00 pm, accused being his wife, assaulted him as he got less salary. He deposed that his mother had come home asking for medicines for his father and at that time, accused abused him and his mother in bad words and called her friend and told her that PW1 enjoys with his mother. When he questioned accused about it, she assaulted him with rolling pin and sprayed pepper spray on his face. As he became unconscious, the neighbors took him to the hospital. PW1 further deposed that when the police had come to the hospital, he was not in a position to give statement. Hence, the doctor advised them to come the next day. On 03.06.2015, police obtained his Ex.P1 statement in the Hospital. After his discharge, police conducted mahazar as per Ex.P2. PW1 deposed that, as there was threat to his life, he left the house. He sustained injury on his right leg and cheek due to the assault by accused and there was swelling on 5 CC.No.54351/2015 his face and there was body pain.
11. In his cross-examination he admitted that the accused has filed a case under section 498A of IPC which is in now registered as C.C. No. 51467/2015. He also admitted that, he has filed a case for divorce in M.C. No. 5197/2015 on the ground of cruelty and it came to be dismissed and prayer of accused for restitution of conjugal rights was allowed and he was directed to join accused within one month as per Ex.D1. He admitted that, as he has not challenged the said order yet. He also admitted that, accused has filed a maintenance case in Crl. M.C No. 390/15 as per Ex.D2, where his salary is attached towards maintenance. He also admitted that, accused has filed Crl.M.C No. 173/2020 seeking for balance maintenance and the court has ordered him to pay arrears of maintenance of Rs.2.00-3.00 lakhs. He deposed that, he could not take witnesses to the police station and as such his relatives or his parents are not made as witnesses. He has also not produced any document to show that he was in the ICU.
12. PW1 in his further cross-examination deposed that, on the date of incident, he gave Rs. 16,000/- to his wife and at that time, his salary was Rs. 16,000/-, which was his take home salary. He deposed that, he does not remember, if he mentioned in Ex.P1 complaint that 6 CC.No.54351/2015 his mother had come to the house asking for money for his father's medicines. When PW1 was confronted with Ex.P1, he deposed that, he does not know to read Kannada. He also deposed that, he has not mentioned in his complaint that, accused called her friends and told that he enjoys with his mother. His neighbors helped him in taking him to the hospital by lifting him, as he was unable to walk and was blinded. He deposed that, as there was threat, he left the house on his own. He has not given any other complaint against accused alleging that there is a threat from her. He deposed that, his sons also had life threat from the accused. But he did not take them with him. He also did not file G & WC case to take custody of his children and he has not attempted to take their custody in the past 10 years. He admitted that the wound certificate does not mention that, he had swelling in his face. He stated that, Ex.P4 mentioned that, he had a past history of adjustment disorder/ ADS. He deposed that, he does not know if ADS stands for alcohol dependency syndrome. He did not go back to the hospital for a refraction test. He does not remember when did he sign Ex.P2 and at that time, he was in the hospital. He admitted that, prior to this case C.C. No. 52876/2013 was registered against him and Ex.D4 is its judgment copy. Through the confrontation Ex.D3 to 12 were marked through PW1. He denied all other suggestions put 7 CC.No.54351/2015 forth to him by the counsel for the accused.
13. PW2, Ganapathi, in his evidence deposed that on 08.06.2014, near the house of PW1, he signed Ex.P2 document between 9.30 am to 19.30 am. The police showed rolling pin from inside his house. As accused assaulted her husband, PW1, he showed the place.
14. In his cross-examination he deposed that, from 1986 to 2020 he worked in HAL and PW1 used to work with him. PW1 works as PA of General Manager. He has gone to the house of PW1 thrice. At the time of Mahazar he was at home as it was the Sunday. He does not remember if the police gave him the notice for the Mahazar. At the time of mahazar, he narrated the incident. He denied the suggestions of the counsel for accused.
15. PW3, Gowishwari, in her evidence deposed that she resides in the house of her another son, Saravana Kumar. About nine years ago, PW1 came to him and asked her to go home with him. Accordingly, when she had gone to the house of PW1, there was some fight between PW1 and accused. Accused abused her in foul language and sprayed something to the face of PW1, because of which, his face became red. Accused also assaulted PW1 with rolling pin. 8 CC.No.54351/2015
16. In the cross-examination of PW3, CW1 took her to his house from other son's house, she admitted that accused has registered the case against her and CW1 in CC No. 51467/2015 on the same day. Another case registered by accused under section 498A of IPC against her son ended in compromise. She deposed that, she does not know if CW1 tried to light the gas when accused had gone to boil milk. She also deposed that, accused and CW1 may have fought about something in the house, but they would often fight with regard to money. She admitted that, CW1 has the habit of drinking alcohol. However, she does not know, if he becomes the animal when he is drunk. Accused is taking care of her children.
17. PW4 Venkataswamy, in his evidence deposed that, on 02.06.2020 with regard to PW1 and his wife, accused fighting with each other, PW1 was admitted in the H.A.L Hospital. In this regard, he received MLC memo at 11.00 pm. The next day he went to the hospital at 8.40 am and obtained the statement of PW1 and registered the case. On the same day he conducted spot mahazar on 9.30 am to 10.50 am, in the presence of CW3 and PW2. He also obtained the statements of PW2, 3 and CW3.
18. In the cross-examination of PW4, he deposed that he dis not 9 CC.No.54351/2015 audio or video record the statement of CW1 in the hospital. He did not collect the documents of Crime No. 234/2013 which ended in compromise. He also did not seized pepper spray and rolling pin from the spot. There is mention in the statement of CW1 or mahazar that the said items were destroyed by the accused. At the time of mahazar he enquired the neighbors by name Deepak. He also admitted that, the accused has registered the case against CW1 in C.C.No. 51467/2015 where CW1 and his mother are the accused.
19. PW5, Dr.Raja in his evidence deposed that, on 02/06/2014 at about 5.45 pm, PW1 came with a history of assault. On his examination, there was contusion on his right leg and congestion of both the eyes. It was told that his wife had sprayed something to his eyes. The said injuries were simple in nature. He was sent to ENT specialist. In this regard he gave Ex.P4 wound certificate. If pepper spray is sprayed to the eyes such congestion in the eyes can be caused.
20. In the cross-examination of PW5 he admitted that, the wound certificate mentioned that CW1 came to the hospital. He admitted that, he did not registered the case as MLC case. In his wound certificate, he had mentioned that, CW1 did not come for 10 CC.No.54351/2015 refraction test. Ex.P4 does not mention about the lab report or X-rays conducted and discharge summary and case sheet. On the request of the injured he gave Ex.P4 wound certificate.
21. PW6, Hariyappa, investigating officer, in his evidence deposed that, he received the case file from PW4. On 06/01/2015 accused appeared on anticipatory bail and she was enquired and released on bail. On 16/07/2015 he filed the charge-sheet.
22. In the cross-examination of PW6 he deposed that, he does not know if 498A case is registered against the accused. But it is mentioned in the FIS as it ended in compromise, did not enquire about the said case. They did not attached the order copy of C.C.No. 52876/2013 Ex.D4 with the charge-sheet. He is also not aware of Ex.D10 MLC or Ex.D5 undertaking given by the CW1 before the police. He did not enquire CW1 parents and relatives in this matter. There is no document to show that the CW1 was admitted in the ICU. He did not seized the pepper spray or rolling pin used for assault. As the accused mentioned in her voluntarily statement that she had threw the same in the dustbin, he did not seized them. He also admitted that, in her voluntary statement it was mentioned at 02/06/2014 at 5.00 pm, CW1 abused accused in foul language, 11 CC.No.54351/2015 pulled her hair and assaulted. He did not conducted the enquire on the said allegation. The wound certificate does not mentioned that how long CW1 was admitted in the hospital and in the ICU. As there was no necessity to obtain the discharge summary of CW1. He did not obtained the same. He denied all other suggestions put forth to him.
23. On perusal of the oral and documentary evidence, it is alleged in Ex.P1 FIS that, on 02/06/2014 at 6.00 pm, accused PW3 for tutoring her son, PW1 for giving less salary and when PW1 questioned the same, accused wrongfully restrained CW1 and sprayed his eyes with pepper spray and assaulted him with rolling pin and threatened to throw acid at him.
24. PW1 in his chief examination, deposed that accused abused him and his mother in bad words and called her friend and told her that PW1 enjoys with his mother. PW3 deposed that accused abused her alone. In both of their evidence, they did not depose the actual words used by the accused. Without the actual words being used, it cannot be determined if they are abusive words and if the said words can provoke breach of peace.
25. The prosecution in this case has examined only PW1 and PW3 as the eye witnesses to the alleged incident. However, both of 12 CC.No.54351/2015 them did not depose anything about accused wrongfully restraining PW1 from moving ahead or threatening to throw acid at him. From the entire materials on record, there is nothing to show that the offence u/s 341 or 506 is attracted. It is also important to note that neither the Ex.P1 FIS nor the witnesses evidence elicit about voluntary assault on PW1 with hands. Hence, the offence u/s 323 of IPC is also not attracted.
26. However, what is alleged as per PW3 is that, accused assaulted PW1 with rolling pin and sprayed pepper spray on his face. On the other hand, PW1 did not depose anything about being assaulted with rolling pin. PW1 also deposed that as he became unconscious after being pepper sprayed, the neighbors took him to the hospital. Therefore, if according to PW1, accused only pepper sprayed his eyes, he would not have sustained injury on his right leg and cheek as alleged.
27. As per Ex.P4, wound certificate and the evidence of PW5, on examination of PW1, there was contusion on his right leg and congestion of both the eyes. Though he was referred to ENT specialist, accused did not go back with refraction test. Further, PW5 deposed that on the request of the injured i.e. PW1, he gave Ex.P4 wound 13 CC.No.54351/2015 certificate. Even though Ex.P4 mentions the history of assault, PW5 did not deem it fit to refer the case as Medico Legal Case. Therefore, the very injuries sustained by PW1 and veracity of Ex.P4 becomes doubtful.
28. Ex.P4 also does not mention about the lab report or X-ray conducted and it is also not accompanied with discharge summary and case sheet. According to PW1, he was admitted in the ICU. However, there is no discharge summary or any other document to show that PW1 was admitted in the hospital.
29. The prosecution has also not produced the pepper spray or the rolling pin in this case. According to Investigating officer, the rolling pin and pepper spray were destroyed by the accused. However, there is no mention of the same in the spot mahazar. In fact, PW2 deposed that the police showed him the rolling pin from inside the house, yet the same was not seized.
30. It is important to note that, though PW1 and accused are husband and wife, they have a marital discord. Accused has repeatedly alleged that PW1 subjected her to mental and physical torture. It is elicited in the evidence of PW1 that accused had given complaint against PW1 in JB Nagar Police Station on 11.07.2013 as 14 CC.No.54351/2015 well as 14.02.2014 as per Ex.D8. Ex.D10 is the discharge summary of accused where she was admitted to the hospital with a history of assault on 11.07.2013. Both the times, PW1 appeared before the police and undertook as per Ex.D5 and 11, not to physically or mentally harass and abuse the accused. Ex.D4, Judgment in CC No. 52876/2013 dated 04.01.2013 is also produced to show that based on the undertaking, accused took back the case.
31. Apart from this, PW1 had filed a petition for dissolution of marriage on the grounds of cruelty in M.C. No. 5197/2015. As per Ex.D1, order dated 24.04.2024 of Family Court, Bengaluru, it was observed that PW1 had failed to prove that he was subjected to cruelty by the accused and allowed the counter claim of the accused for restitution of conjugal right. Accused had also filed a maintenance case in Crl. M.C No. 390/15 as per Ex.D2, where PW1's salary is attached towards maintenance and PW1 was directed to pay arrears of maintenance in Crl.M.C No. 173/2020.
32. Therefore, there is serious marital discord between the accused and PW1 and from the above documents, and that, on the same date of alleged incident, the accused has also filed a case under section 498A of IPC which is in now registered as C.C. No. 15 CC.No.54351/2015 51467/2015. As per Ex.D13 voluntary statement of the accused, she alleged that accused assaulted and harassed her. Hence, it is evident that when the evidence of this case is appreciated with the above stated background, there raises serious doubt in the case of the prosecution. It is the accused who is taking care of the children and the accused has not bothered to even claim for their custody.
33. Therefore, on perusal of the entire evidence on record, there are serious contradictions in the evidence of the prosecution. The prosecution has failed to bring forth evidence for the allegations under section 341, 506 or 323 of IPC. So far as section 324 of IPC, there is no seizure of items used to allegedly assault. That apart, the evidence of PW1 does not inspire the confidence of this court when appreciated in the background of Ex.D1 to 13 defence of the accused.
34. Hence, after considering the materials on record, if there is a possibility of two, the one which is favourable to the accused is to be considered. If any doubt arises, the benefit of the same should go to the accused. The facts and circumstances revealing from the evidence by itself are sufficient to extend benefit of doubt to the accused. By considering the facts and circumstances, the prosecution is not able to prove the charges leveled against the accused beyond reasonable 16 CC.No.54351/2015 doubt. Accordingly, Point No.1 is answered in the Negative.
35. POINT NO.2: For the aforesaid reasons, the following order is passed;
ORDER Acting u/S.248(1) of Cr.P.C. the accused is acquitted of the offences punishable U/s.
341, 323, 324, 506 of IPC.
Bail bond and surety of accused stands canceled.
(Dictated to the Stenographer, directly on computer, corrected by me and then pronounced in the open Court today, 22/03/2025) Digitally signed by ANJALI V ANJALI V S SHARMA S SHARMA Date: 2025.03.22 17:27:57 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.
ANNEXURE List of witnesses examined for prosecution:
P.W-1 : Jaganmohan P.W-2 : Ganapathi P.W-3 : Gowrishwari P.W-4 : Venkataswamy List of documents marked for prosecution: Ex.P1 : Complaint Ex.P1(a) : Signature of PW1 Ex.P1(b) : Signature of PW4 17 CC.No.54351/2015 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1 Ex.P2(b) : Signature of PW2 Ex.P2(c) : Signature of PW4 Ex.P3 : FIR Ex.P3(a) : Signature of PW4 Ex.P4 : Wound certificate Ex.P4(a) : Signature of PW5 List of witnesses examined for accused: ::NIL:: List of documents marked for accused: Ex.D1 : MC No. 5197/2015 order copy Ex.D2 : Crl.M.C.No. 390/2015 judgment copy Ex.D3 : MC No. 5197/2015 affidavit Ex.D4 : Judgment copy Ex.D5 : Cross examination in MC No. 5197/2015 Ex.D6 & 7 : NCR copies Ex.D8 : Complaint dated 14/02/2014 Ex.D9 : photos Ex.D10 : Discharge summary Ex.D11 : Statement of PW1 before the police Ex.D12 : Order sheet of Crl.Misc. 173/2020 Ex.D12 : Execution order copy Ex.D13 : Voluntary statement of accused List of material objects marked: ::NIL:: Digitally signed by ANJALI V S ANJALI V S SHARMA SHARMA Date: 2025.03.22 17:27:46 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.