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Bangalore District Court

State By vs Unknown on 31 July, 2015

   IN THE COURT OF LXIX ADDITIONAL CITY CIVIL &
     SESSIONS JUDGE, BENGALURU CITY (CCH-70)

               Dated this the 31st day July, 2015

Present   :         Sri. K.R. Nagaraja, B.A., L.L.B.
                    56th Additional City Civil and
                    Sessions Judge and
                    c/c of 69th Additional City Civil &
                    Sessions Judge,
                    Bengaluru City.

              : SESSIONS CASE NO.1491/2014 :


COMPLAINANT :          State by:
                       HSR Layout Police Station,
                       Bengaluru.
                       (By Learned Public Prosecutor )

                             -V/S-

ACCUSED         :

                       1. Harish Kumar V
                       s/o Veerabhadrappa
                       aged about 28 years
                       residing at No. 34
                       Veerabhadra Nilaya, 2nd cross
                       Bavanappa Layout,
                       Bangalore 29.

                       2. Sri Premkumar R
                       s/o M.Rajendra
                       aged about 28 years
                       No. 15, 7th cross
                       Maruthinagar,
                       Bangalore 68.

                        (By. A & N, Advocates).
 Judgment                             2                    S.C.1491/2014


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1.     Date of commission of offence            :     1.2.2014

2.      Date of report of occurrence            :      1.2.2014

3.      Date of commencement of evidence:              17.07.2015

4.      Date of closing of evidence             :      29.07.2015

5.      Name of the complainant                 :       PW.1 Shankar

6.    Offence complained of                         : U/s 504, 307, 326
                                                    r/w 34 of Indian
                                                    Penal Code,

7.   Opinion of the Judge                           : As per final order



                        : JUDGMENT :

These accused are facing instant trial for the offences punishable U/Sec.326, 504, 307 r/w 34 of Indian Penal Code.

2. The nub of the prosecution case is as follows:-

PW.1- Shankar, PW. 2 Umesh, PW. 3 Raju, PW.4 Manju, PW. 5 Thippeswamy, PW. 6 Harish and PW 7 Naresh are the employees of Bindu Garden Bar and Restaurant situated at II Judgment 3 S.C.1491/2014 Sector, 24th main, Parangipaloya, HSR layout, Bangalore. It is the case of the prosecution that on 1.2.2014 at 8.30 p.m. when PW. 1 Shankar was preparing chicken kabab for selling, these Accused came near him and asked Shankar to supply chicken kabab to them. PW. 1 Shankar stated these Accused that kabab will be supplied to them after supply of kabab to other customers. These Accused who ferociated from the above reply of PW. 1 pulled vessel contain boiled oil and abused him in filthy languages and also assaulted him and they did the above act with an intent to cause murder of Shankar. The vessel which kept on the gas stove fell on both legs of Shankar and Shankar sustained grievous burn injuries. He was admitted to Green View Hospital for treatment by the above noted employees of Bar and Restaurant. Thereafter PW. 8 Dalegowda Police Inspector rushed to the Green View Hospital and recorded statement of PW. 1 injured and did further investigation in drawing the mahazar at the place of occurrence as per Ex.P.4 with the presence of panch witnesses and seized MO. 1 to 3 and Judgment 4 S.C.1491/2014 recorded evidence of material eye witnesses and prepared the charge sheet. PW. 8 forwarded charge sheet against these Accused for the above noted offences punishable u/sec. 326, 504, 307 r/w 34of IPC.

3. Hon`ble committal court after taking cognizance on the charge sheet of PW.8 registered CC No. 30674/2014 for the above noted offences. Appearance of the Accused was secured. They were on bail. Hon`ble court below after complying the provision of Section 207 of Cr.P.C. was pleased to commit CC No. 30674/2014 to Hon`ble Sessions Court of Bangalore City for trial. Consequently, the above case on hand registered and assigned to this court for disposal in accordance with law.

4. Accused, who are on bail are represented through their counsel. This court by order dated 19/2/2015 after hearing learned public prosecutor and defence counsel found sufficient materials to frame against accused for the alleged offences. Charge was framed for the offences punishable U/Sec. 326, 504, 307 r/w 34 of Indian Penal Code. Contents Judgment 5 S.C.1491/2014 of charge were read over and explained to accused. Accused pleaded not guilty and claimed to be tried. Prosecution to bring home the alleged guilt of accused got examined 8 witnesses as PW.1 to 8 and got marked 7 documents exhibited as Ex.P1 to P7 and identified 3 material objects at MO.1 to 3. Learned PP pray to issue process against CW. 5 and 9. Out of 8 witnesses, except PW. 8 who have been examined on behalf of prosecution have been turned hostile. Examination of CW. 5 who is stated to be the another eye witness to the incident and CW. 9 who is the author of Ex.P.7 wound certificate not pressed, as PW. 1 Shankar has been turned hostile to the version of prosecution. Therefore, prayer of learned PP was rejected. Evidence of prosecution was taken as closed and examination of these Accused was dispensed with as there are no incriminating evidence before this court except normal evidence of PW. 8 the I.O. in the present case.

5. Heard the argument of learned PP and advocate for Accused.

6. Perused the papers.

7. In the light of above materials, following points fall for decision making of this court:-

i. Whether the prosecution proves with all beyond reasonable doubt that on 1.2.2014 at

8.30 p.m. in front of Bindu Garden Bar and Restaurant situated at II sector, 24th main, Parangipalya, HSR layout, both Accused with common intention to commit murder of PW. 1 and to cause hurt and insult to him and in prosecution of such intention both Accused insulted PW. 1 Shankar with intention to provoke breach of public peace by abusing him in filthy language and they also pushed MO.1 steel vessel which filled with boiled oil and same was kept on MO. 3 gas stove, as a result of which MO.1 to 3 fell on the legs of complainant and thereby complainant sustained burn injuries and Accused with above act made an attempt to commit murder of Shankar and caused grievous hurt with MO.1 to 3 and insulted him and thereby both the Accused have committed offences punishable u/sec. 326, 504, 307 r/w 34 of IPC?

ii. What order?

8. This court upon appreciation of available materials, with reference to prevailing legal aspects, give findings to the above points as follows:-

                   Point No.1    :      In negative
                   Point No.2   ;       As per final order,

for the following:-
                         : REASONS :

9. POINT NO.1 :- As per prevailing dispensation of criminal justice prosecution has to bring home the above guilt of Accused with production of cogent and satisfactory evidence with beyond all reasonable doubt. As noted supra prosecution has relied on oral testimony of PW. 1 to 8, documents at Ex.P.1 to 7 and 3 material objects. PW. 1 Shankar is stated to be the victim and injured from the above alleged act of Accused. He has given evidence to the effect that when he was preparing kabab, boiled oil from the vessel through which he was preparing kabab, fell on his leg and he sustained burn injuries. He categorically denied any of Judgment 8 S.C.1491/2014 the act of Accused. He has also given ignorance evidence on the use of MO. 1 to 3 for his work in front of above noted Bar and Restaurant. He categorically with unequivocal terms stated Accused did not make any attempt to murder him and they did not insult and abused him and they did not assaulted and caused injury to him. This PW. 1 who is the key witness in the present case has turned hostile to the version of prosecution. Hence PW. 2 Umesh, PW.3 Raju, PW. 6 Harish and PW. 7 Naresh who are stated to be the eye witnesses as an employees of the above Bar and Restaurant have also denied any of the act of these Accused, they have also categorically given evidence that Shankar sustained burn injuries as a result when his legs were contacted with boiled oil from the vessel. All these material witnesses have turned hostile to the version of prosecution. PW. 4 Manju and PW. 5 Thippeswamy who are also an employees of Bar and Restaurant and stated to be the panch witnesses to the mahazar drawn as per Ex.P.4 have turned hostile, their evidence to the effect that they did not witnessed seizer of Judgment 9 S.C.1491/2014 MO.1 to 3 and drawing of mahazar as Ex.P.4. These witnesses have turned hostile to the prosecution case. Learned PP cross examined the witnesses after treating them as hostile witnesses. In the cross examination of these witnesses nothing has brought out to believe the existence of above version of prosecution case.

10. The evidence of PW. 8 Dalegowda, Police Inspector is not helpful to the prosecution to bring home the above noted guilt of accused. He has given evidence for having collected the above noted material. When the material witnesses have turned hostile evidence of PW. 8 looses any kind of significance to believe the version of prosecution. Thus there is no satisfactory evidence to bring home the guilt of Accused with beyond all reasonable doubt. Hence prosecution failed to prove this point. Accordingly, this point is answered in the negative.

11. POINT NO.2:- In the light of finding on above point, A1 and A2 to be acquitted for the offences punishable Judgment 10 S.C.1491/2014 U/Sec. 504, 326, 307 r/w 34 of Indian Penal Code. Accordingly, this court proceeds to pass the following:-

ORDER In exercise of power vested with this court U/Sec.232 of Criminal Procedure Code, accused No.1 and 2 are acquitted for the offences punishable U/Sec. 504, 326, 307 r/w 34 of Indian Penal Code.

Both Accused are set at liberty for the above said offences.

They shall comply the provision of Sec.437-A of Code of Criminal Procedure within 10 days from today.

M.O.1 to 3 are ordered to be confiscated to the Government after expiry of appeal time. (Dictated to the Judgment Writer, transcript thereof is corrected, signed and then pronounced by me in the open court on this the 31st day of July, 2015.) (K.R. Nagaraja,) c/c 69th Additional City Civil & Sessions Judge, Bengaluru City.

ANNEXURE LIST OF WITNESSES EXAMINED FOR PROSECUTION PW.1 Shankar PW.2 Umesh PW.3 Raju PW.4 Manju PW.5 Thippeswamy PW.6 Harish PW.7 Naresh PW.8 Dalegowda LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:

    Ex.P1         Statement of PW.1
    Ex.P.2        Statement of PW. 2
    Ex.P3         Statement of PW. 3
    Ex.P4         Mahazar
    Ex.P5         Statement of PW. 6
    Ex.P6         Statement of PW 7
    Ex.P7         Wound certificate

LIST OF MATERIAL OBJECTS MARKED FOR PROSECUTION:

-NIL-

LIST OF DOCUMENTS EXHIBITED FOR ACCUSED : NIL LIST OF MATERIAL OBJECTS MARKED;

Mo.1      One vessel
Mo.2     One steel jalari
MO.3     Gas Stove

                                       (K.R. Nagaraja,)

c/c of 69th Additional City Civil & Sessions Judge, Bengaluru City.

Judgment pronounced in open court, vide separate order.

ORDER In exercise of power vested with this court U/Sec.232 of Criminal Procedure Code, accused No.1 and 2 are acquitted for the offences punishable U/Sec. 504, 326, 307 r/w 34 of Indian Penal Code.

Both Accused are set at liberty for the above said offences.

They shall comply the provision of Sec.437-A of Code of Criminal Procedure within 10 days from today.

M.O.1 to 3 are ordered to be confiscated to the Government after expiry of appeal time.

(K.R. Nagaraja,) c/c of 69th Additional City Civil & Sessions Judge, Bengaluru City.