Bangalore District Court
Vijayanagara Police Station vs Unknown on 5 June, 2015
IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BANGALORE
DATED THIS THE 25th DAY OF JUNE, 2015
C.C. No.24459/2012
Present: SMT. HEMAVATHI, B.B.M., LL.B.,
XXIV ADDL. C.M.M., BANGALORE
COMPLAINANT : Vijayanagara Police Station
(State by Sr. A.P.P.)
V/s.
ACCUSED :
Manjunatha @ Manju S/o.
Ramakrishna, Aged about 24 years,
R/o. No.1549, 6th Cross,
Corporation Colony,
Govindarajanagara, Bangalore.
(Reptd. by Sri. B.K.V. Advocate)
DATE OF COMMENCEMENT
OF OFFENCE : 29.05.2012
DATE OF ARREST
OF THE ACCUSED : 04.06.2012
OFFENCE ALLEGED : U/s.326 & 506 of IPC
DATE OF COMMENCEMENT
OF EVIDENCE : 03.12.2014
DATE OF CLOSING OF
EVIDENCE : 08.04.2015
OPINION OF THE JUDGE : Found not guilty
(HEMAVATHI)
XXIV ADDL. C.M.M., BANGALORE.
2 C.C.No.24459/2012
-: J U D G M E N T :-
The accused has been charge sheeted by the Sub
Inspector of Police, Vijayanagara Police Station for the offences
punishable U/s.326 & 506 of IPC.
2. The brief facts of case of the prosecution is that:
CW-1 is working in Ashoka Store situated at Nagarabhavi
Main Road, Govindarajanagara, belonged to CW-8 and accused
who was coming to the said store after taking Tea, Coffee was
not paying the amount, on 29.05.2012 at about 05-30 PM when
the complainant asked the accused No.1 to pay the amount of
Rs.500-00 due from him, accused abused CW-1 with filthy
languages saying "ºÉà ¤£ÀߪÀÄ£ï £À£Àß ºÀwÛgÀ EzɯÁè ElÄÖPÉƼÀî¨ÉÃqÀ, £Á£ÀÄ ¤£Àß
CAUÀrAiÀÄ°è K£Éà vÉUÉzÀÄPÉÆAqÀgÀÆ ¸ÀºÁ ¥ÀÅPÀìmÉ PÉÆqÀ¨ÉÃPÀÄ, ºÀt PÉýzÀgÉ ¸ÀƼÉÃ
ªÀÄUÀ£Éà ¤£ÀߣÀÄß JwÛ ©qÀÄvÉÛãÉ" and threatened him with dire
consequences, if he demanded amount from him and left the
place, later he came to the said store, due to alleged enmity
assaulted CW-1 with club on right shoulder and voluntarily
caused grievous hurt.
3. After receipt of complaint the SHO of Vijayanagara
Police Station set the law in motion and registered the case in
crime No.416/2012 and filed FIR to the court.
4. On 04.06.2012 accused produced before the court with
remand application, he was enlarged on bail on the very same
day. After completion of the investigation, charge sheet has
been submitted. After perusing the records, cognizance taken
3 C.C.No.24459/2012
and this case has been registered against the accused for the
offences punishable U/s.326 & 506 of IPC, summons was
issued for his appearance. Charge sheet copy furnished to him.
5. Charge framed against the accused, and its contents
read over her. The accused pleaded not guilty and claimed to be
tried.
6. The prosecution to bring home the guilt of the accused
examined three witnesses as PW-1 to PW-3 and got marked five
documents as Ex.P-1 to Ex.P-5 with sub markings.
7. The statement U/Sec. 313 Cr.P.C. of the accused is
recorded. The accused denied the incriminating evidence
appeared against him and did not choose to adduce evidence.
8. Heard both side.
9. The following points arise for my consideration.
1) Whether the prosecution beyond reasonable
doubt proves that CW-1 is working in
Ashoka Store situated at Nagarabhavi Main
Road, Govindarajanagara, belonged to CW-8
and accused who was coming to the said
store after taking Tea, Coffee was not paying
the amount, on 29.05.2012 at about 05-30
PM when the complainant asked the accused
No.1 to pay the amount of Rs.500-00 due
from him, accused abused CW-1 with filthy
languages saying "ºÉà ¤£ÀߪÀÄ£ï £À£Àß ºÀwÛgÀ EzɯÁè
ElÄÖPÉƼÀî¨ÉÃqÀ, £Á£ÀÄ ¤£Àß CAUÀrAiÀÄ°è K£ÉÃ
vÉUÉzÀÄPÉÆAqÀgÀÆ ¸ÀºÁ ¥ÀÅPÀìmÉ PÉÆqÀ¨ÉÃPÀÄ, ºÀt PÉýzÀgÉ
¸ÀƼÉà ªÀÄUÀ£Éà ¤£ÀߣÀÄß JwÛ ©qÀÄvÉÛãÉ" and threatened
him with dire consequences, if he demanded
amount from him and left the place, later he
came to the said store, due to alleged enmity
4 C.C.No.24459/2012
assaulted CW-1 with club on right shoulder
and voluntarily caused grievous hurt and
thereby the accused has committed the
offences punishable U/s.326 & 506 of IPC?
2) What order or sentence?
10. My findings on the above points as follows:
Point No.1 : In the Negative
Point No.2 : As per final order
for the following:
REASONS
POINT NO.1:
11. PW-1 Shivaji Rao and PW-2 Raghu deposed that they
know the accused and CW-1, but they have not witnessed any
quarrel between CW-1 and accused and they have not given
any statement before the police. When the learned Sr. A.P.P.
treated them hostile, nothing has been elicited in their mouth
to incriminate the accused in the offences alleged against him.
12. PW-3 Chandranna deposed that on 01.06.2012 he
was working as ASI of Vijayanagara Police Station at about 04-
00 PM, CW-1 lodged compliant as per Ex.P-3, he received it,
registered the case in Crime No.416/2012, filed FIR to the court
as per Ex.P-4, thereafter he visited the spot, drew mahazar as
per Ex.P-5, seized one club which was used to assault and
handed over the case filed to CW-10 for further investigation.
13. Herein out of 10 witnesses the prosecution has
examined only three witnesses among them PW-1 & PW-2 are
happened to be the eye witnesses but they turned hostile. PW-
3 is the police officer who partly conducted investigation. The
5 C.C.No.24459/2012
summons and warrant issued to secure the presence of CW-1
to CW-4 returned with an endorsement that they are not in the
given address. Hence, the prosecution could not examine them.
14. On perusal of cumulative effect of the prosecution
evidence, I hold that the prosecution has failed to prove the
guilt alleged against the accused beyond reasonable doubt.
Hence, this point is answered in the Negative.
POINT NO.2:
15. For the reason stated above, I proceed to pass the
following order;
ORDER
The accused is acquitted U/s.248(1) Cr.P.C. for the offences punishable U/s.326 & 506 of IPC.
The accused is set at liberty and his bail bond and surety bonds stand cancelled.
M.O.1 club since worthless is ordered to be destroyed after appeal period is over. (Dictated to the stenographer, it is typed by him, corrected and then pronounced by me in open court on this the 5th day of June, 2015) (HEMAVATHI) XXIV ADDL. C.M.M., BANGALORE 6 C.C.No.24459/2012 ANNEXURE Witnesses examined for the Prosecution:
PW-1 : Shivaji Rao
PW-2 : Raghu
PW-3 : Chandranna
Documents marked for the Prosecution:
Ex.P-1 : Statement of PW-1 Ex.P-2 : Statement of PW-2 Ex.P-3 : Complaint Ex.P-4 : FIR Ex.P-5 : Spot Mahazar Witnesses examined for the accused:
-NIL-
Documents marked for the accused:
-NIL-
(HEMAVATHI) XXIV ADDL. C.M.M., BANGALORE.