Bangalore District Court
State By Jp vs Mahadeva.B.K on 7 February, 2022
IN THE COURT OF THE 30TH ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 7th day of February, 2022
:Present: Sri. I.P.Naik, B.A., LL.B.(Spl),
30th ACMM, Bengaluru
Judgment U/s.355 of Cr.P.C.
C.C.No. 15692/2018
Date of Offence 12.10.2017
Complainant State by JP, Nagar, Police Station
V/s.
Accused 1. Mahadeva.B.K
S/o.Kumar,
Aged about 23 years,
C/o.Ramachandraiah,
9th Cross, Shakambari Nagar,
JP Nagar 1st Phase,
Bengaluru-78.
Offences U/s.341, 324, 504, 506 of IPC.
Plea Recorded on:04.01.2019 and accused
persons Pleaded not guilty.
313 Statement recorded on: On 11.01.2022
Final Oder Accused is Acquitted for the offene
punishable U/s.341, 504 & 506 of IPC
and convicted for the offence punishable
U/s.324 of IPC.
Date of Order 07-02-2022
*****
2 C.C.No.15692/2018
JUDGMENT
The ASI of JP Nagara, Police Station has filed charge sheet against accused persons for the alleged offences punishable U/s.341, 324, 504, 506, of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, On 12.10.2017, CW4-Smt.Mangala Gowri, got love marriage with CW5 Narayana. In the anticipation of problems being caused from the parents and relatives of CW4, they have filed requisition before the JP nagar Police Station on 12.10.2017. In this regard, CW1, CW4, CW5 and were present at the JP Nagara Police Station on 12.10.2017. After having knowledge of the love marriage of CW4 and CW5, accused including his parents came to the JP nagara, Police station on the same day at about 10.15am. During the conversation held between the accused, his parents and CW1, CW4 and CW5, suddenly accused tried to assault CW4 with cement brick which is reported to his court under P.F.No.144/2017in order to rescue CW4 suddenly CW1 interfered and assault caused to CW1 on his left side eye brow and caused simple injury. Further, accused abused CW1 in filthy language in respect that without information he has performed and solemnized the marriage between CW4 and CW5 and also threatened by 3 C.C.No.15692/2018 saying he will make some arrangement to life of CW. Hence, accused is charge sheeted.
3. In this regard, CW1 lodged first information statement before the CW8-ASI Yogananda Murthy. Based on the said first information statement CW8 registered case in Cr.No.330/2017 and forwarded FIR to this court. Immediately he rushed to the spot and conducted the mahazar in the presence of CW2 and CW3 and seized the cement brick and reported to this court. After that, he has interrogated and recorded the statement of the witnesses. After the said incident CW1 has taken treatment at General Hospital, Jayanagar, Bengaluru. After collecting the Wound Certificate CW8 filed final report against accused alleging that he has committed aforesaid offences.
4. By considering the charge sheet and other materials on record this court was taken cognizance and issued process against accused. By registering the casein register No.III. On receipt of the summons, accused appeared through his counsel and got enlarged on regular bail. After that charge has been framed and readover to him. Accused pleaded not guilt claims to be tried Hence, case is posted for evidence. 4 C.C.No.15692/2018
5. In order to bring home to guilt of the accused, prosecution has examined 7 witnesses as PW1 to PW7 and got marked 4 documents as Ex.P.1. to P.4. Thereafter, statement of accused U/s.313 of Cr.P.C is recorded through VC due to restrictions imposed to avoid raging of COVID-19 pandemic, in the presence of his counsel. Accused denied incriminating evidence and not chosen to lead evidence and no documents is produced on his behalf.
6. Heard both the side and perused the material evidence on record.
7. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, On 12.10.2017, PW5-Smt.Mangala Gowri, got love marriage with PW4 Narayana. In the anticipation of problems being caused from the parents and relatives of CW4, they have filed requisition before the JP nagar Police Station on 12.10.2017. In this regard, CW1, CW4, CW5 and CW5 were present at the JP Nagara Police Station on 12.10.2017. After having knowledge of the love marriage of CW4 and CW5, accused including his parents came to the JP nagara, Police station on the same day at about 10.15am, outside the police station, that time, accused wrongfully restrained CW1 and thereby accused has 5 C.C.No.15692/2018 committed offence punishable U/s.341 of IPC., within my cognizance. ?
2. Whether the prosecution proves beyond reasonable doubt that, Whether the prosecution proves beyond all reasonable doubt that, on the above said date, time, place and under aforesaid circumstances, in furtherance of your common intention, accused abused CW1 in filthy language so as to cause breach of public peace and to insult him and thereby committed an offence punishable U/s.504 of IPC., within my cognizance. ?
3. Whether the prosecution proves beyond all reasonable doubt that, on the above said date, time, place and under aforesaid circumstances, in furtherance of your common intention, caused criminal intimidation and posed life threat with dire consequences to burn him and thereby committed an offence punishable U/s.506 of IPC.,?
4. Whether the prosecution proves beyond all reasonable doubt that, on the above said date, time, place and under aforesaid circumstances, in furtherance of your common intention, assaulted CW1 with cement brick and caused simple bleeding injuries, and thereby committed an offence punishable U/s.324 of IPC.,?6 C.C.No.15692/2018
5. What order.?
8. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : IN THE AFFIRMATIVE
Point No.5 : As per final order
......................... for the following.., REASONS
9. Point No.1 to 4 :- In this case, the learned counsel for the accused urged that, in this case, PW1 has lodged false complaint against the accused person in order to discourage him and his parents to take action against the PW3 and PW4. There is no evidence in respect of alleged allegations made against the accused. Hence, prays to acquit the accused by granting benefit of doubt.
10. In this regard, victim/first informant Vijayanna is examined as PW1. Eye witnesses Narayan and Smt. Mangala Gowri are examined as PW3 and PW4. The panchas to Ex.P.2 Mahazar Parashuram.K and Kittu are examined as PW2 and PW7. The Doctor Smt.M.Padma is examined as PW5. IO of this case, ASI Yogananda Murthy is examined as PW6. The First 7 C.C.No.15692/2018 information statement got marked at Ex.P.1, S.O Mahazar got marked at Ex.P.2, wound certificate got marked Ex.P.3 and FIR marked at Ex.P.4.
11. In this case, PW1 stated that, love marriage of Pw3 and PW4 performed and solemnized on 12.10.2017. thereafter, they have filed complaint before the JP Nagar Police Station, in the anticipation that the parents of PW5 might have cause some problem for her love marriage with PW4. Himself and PW2, PW3, PW4 and PW7 were present inside the JP nagar Police Station at that time, accused and his mother came there and called them for some talks with PW1 to PW4 and PW7, out side the Police Station During the conversation suddenly accused tried to assault on PW4 with M.O-1. At that time, he has interfered in the quarrel at that time, M.O-1 touched him and he got injured on his left eye brow. Thereafter, accused has abused him in filthy language and threatened. In this regard, he has lodged the complaint. Thereafter, police have conducted the spot mahazar.
12. PW3 & PW4 are eye witnesses to the alleged incident and parties to the love marriage. They have categorically stated that 12.10.2017, both have got love marriage with each other. In the anticipation of the problems that would cause from the parents of the PW4, they have lodged the complaint before the JP nagar, Police Station. At that time, accused and his parents came to JP nagar, Police Station. Thereafter, they went to outside to the JP 8 C.C.No.15692/2018 Nagar for some conversation. At that time, accused tried to assault on PW3 with M.O1 a that time, PW1 interfered and he got assaulted by the accused with M.O-1 on his left side eye brow. Immediately, PW1 was admitted to Hospital. Further, accused abused in filthy language and threatened the PW1.
13. PW7 has not supported the prosecution case in respect of drawing of the SO mahazar and seized the M.O-1. Though the learned Sr.APP has cross-examined PW7 but nothing worth is brought from the mouth of PW7.
14. PW3 pancha to SO mahazar has categorically stated on 12.10.2017 police have drawn the mahazar and seized the M.O-1 in his presence. An ocular evidence of PW2 is unchallenged by the accused. By considering the oral evidence of PW1, 2 & 6 it clearly disclosed PW1 has unequivocally identified the M.O-1 which is seized by the IO PW6 in the presence of PW2. The prosecution successfully proved two things, first one is seizure of M.O-1 second one is M.O-1 has been used for commission of the offence.
15. PW5 Dr.M.Padma categorically stated that on 12.10.2017 at about 10.40am CW1 was admitted to General Hospital, Jayanagar, Bengaluru with 9 C.C.No.15692/2018 history of assault by Rajesh and Mahadeva. He was escorted by the PC- 13860. On examination she has found following injuries:
"Abrasion on the left supra orbital ridge 2Cms X 1 Cms"
16. PW5- opined that the aforesaid injuries is simple in nature. Further, she stated that, if any person is assaulted with stone, injuries cited in the Ex.P.3 wound certificate may caused as cited in Ex.P.3 wound certificate. It is also unchallenged by examined ocular evidence of Pw1 and PW5 coupled with Ex.P.3 wound certificate, PW1 sustained injury which has caused by accused with M.O-1.
17. PW6 IO Yogananda Murthy stated that, on 12.10.2017 he has received the first information statement from the PW1 and registered the case in Cr.No.320/2017 and forwarded FIR to this court. Immediately on the same day, accused is caught hold and produced before this court. After that, he is released on bail. Thereafter, he has conducted the mahazar Ex.P.2 and seized the M.O-1 in the presence of PW2 and PW7. Further, he has interrogated the PW3 and PW4 and collected the Ex.P.3 wound certificate from PW5. After completing other formalities, he has submitted charge sheet against the accused.
10 C.C.No.15692/2018
18. In this case, accused not challenged the ocular evidence of PW2 witnesses to SO mahazar and ocular evidence of PW5-expert witnesses who has treated the injured person PW1 immediately after the alleged incident. In the course of recording evidence of PW1 he has shown his left eye brow. This court observed the right eye brow of PW1, it appears that thee is healed wound on the said spot. By considering the ocular evidence of PW1, PW2 and PW5 it clearly discloses that, PW1 unequivocally identified the M.O=-1 which is seized by the IO/PW6 in the presence of PW2. Accused has not chosen to cross-examine the PW2. Hence, it is held that, prosecution successfully proved two things. First one is seizure of M.O-1, 2 nd one is M.O-1 has been used for commission of the offence. An ocular evidence of PW3 is also unchallenged. By considering examination and ocular evidence of PW1 and PW5 coupled with Ex.P.4 wound certificate PW1 sustained injuries which has been caused by the accused by using M.O-1. This aspect is also proved beyond reasonable doubt.
19. I have carefully perused the cross-examination of Pw1, PW3 and PW4. One thing is clear and undisputed that the accused is the own brother of PW4 and is studying Bachelor of Engineering in Mechanical Department. His parents are vegetable vendors. PW1 categorically admitted that, he has milk vendor and he is aware about the accused and his parents. Further, it 11 C.C.No.15692/2018 reveals from the oral evidence of PW1 that, on 12.10.2017, he was not aware about the love marriage of PW3 and PW4. Same thing is also stated by the PW3 and PW4 in their evidence.
20. In this case, PW4 is none other than sister of the accused. She has categorically stated the very act of the accused before this court. Further, stated that, after coming to know about her love her parents have assaulted her. The love marriage and the love between PW3 and PW4 is not the subject matter of this case. Only it is that, accused has tried assaulted on the PW4 at the time of talks taken place outside the JP Nagar Police Station on 12.10.2017. PW4 further stated that, one Hanumanthappa has performed her marriage with the PW4. The learned counsel for the accused suggested that, in order to discourage accused and his brother lodged false complaint through PW1. This suggestions is categorically denied by the PW3 and PW4 in their cross-examination.
21. According to prosecution case, accused wrongfully restrained PW1. In this regard, the PW1 not stated anything in his oral evidence. Therefore, I have carefully perused the recitals of Ex.P.1 In Ex.P.1 categorically stated in respect of love marriage between PW3 and PW4 this fact is undisputed. But one important thing is that the accused tried to assault on PW1. At that time, PW2 suddenly interfered into the said assault and got injured. If this fact is 12 C.C.No.15692/2018 taken into consideration the alleged offence U/s.341 of IPC does not attracts to the case on hand.
22. In the complaint, Pw1 stated that, accused abused in filthy language he has not mentioned the vulgar words used by the accused in the oral evidence of PW1, PW3 and PW4 categorically stated when accused abused PW1 in filthy language. Further, stated that he will teach and lesson. This itself does not construes the ingredient of criminal intimidation as defined in Sec.503 of IPC. Therefore, by considering the entire evidence ofPW3,PW4, it clearly shows that, the prosecution has utterly failed to prove the guilt of the accused persons for the offence punishable U/s.341, 504, 506 of IPC.
23. It is specific case of the prosecution case that, accused has voluntarily assaulted on PW1. An ocular evidence of PW5 is unchallenged. By considering Ex.P.3, it clearly shows that, one Rajesh and another one Mahadeva have assaulted on PW1 at 10.20am on 12.10.2017.
24. By considering the oral evidence of PW1, PW3, PW4 andPW5 and Ex.P.3 it clearly shows that prosecution successfully proved the guiilt of the accused persons for the offence punishable U/s.324 of IPC. Therefore, Point No.1 to 3 is answered in the Negative and Point No.4 is answered in the Positive.
13 C.C.No.15692/2018
24. Point No.5: In view of the above findings on the above point No.1 to 4, I proceed to pass the following:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused is acquitted of the alleged offences punishable U/s.341, 504, 506 of IPC.
In this case, prosecution has successfully proved the guilt of the accused persons beyond reasonable doubt for the offence punishable U/s.324 of IPC.
By considering the quantum of the punishment, case is posted for hearing on sentence or applicability of P.O Act.
(Dictated to the Stenographer and after corrections made by me and then pronounced by me in the Open Court on this the 3rd day of February, 2022).
(I.P Naik.) 30th A.C.M.M., B'lore.
Heard.
Heard the learned counsel for the accused urged that, In this case, accused has committed his first offence, he is an engineering student if this court convicted the accused, it will have bad impact on his future as well as to his studies. Hence, prays to release the accused by extending the benefit under P.O Act.14 C.C.No.15692/2018
The learned Sr.APP submitted that, prosecution has proved the guilt of the accused persons hence, prays to convict the accused with higher punishment. As per Sec. 324 of IPC, whenever a person is found guilty of this offence, he may be convicted for imprisonment for a period of 3 years or fine or both. According to charge sheet accused No.1 was 23 years old,as on the date of the incident. In the course of cross-examination PW1 pleaded ignorance regarding accused is BE mechanical student. But his fact is unequivocally admitted by the PW3 in his cross-
examination. So it is clear that, accused is a student in Mechanical Branch of Bachelor of Engineering. By considering the nature of the offence, age and future of the accused, it is fit case to extend the benefit of P.O to the accused. At the same time, it is fit case to award compensation as per the principal laid dwon by the Hon'ble Supreme Court of India in Ankush Gaikwad Vs. State of Maharashtra. By considering all these aspects I proceed to pass the following....., ORDER Accused is released U/s.4 of the P.O Act. Call for P.O report.
Bail bond executed by the accused stands cancelled. M.O 1 is worthless and ordered to be destroyed after appeal period.
Accused is directed to pay compensation of Rs.1,000/- to PW1/CW1-Vijayanna.
15 C.C.No.15692/2018
Further, office is directed to furnish free copy of the Judgement to the accused (I.P Naik.) 30th A.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
P.W. 1 : Vijayanna
P.W. 2 : Parashuram.K
P.W. 3 : Narayan
P.W.4 : Smt.Mangala Gowri
P.W.5 : Dr.M.Padma
P.W.6 : K.N.Yogananda Murthy
P.W.7 : K.N.Yogananda Murthy
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Complaint
Ex.P.2 : Spot Mahazar
Ex.P.3 : Wound Certificate
Ex.P.4 : FIR
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (I.P.Naik) 30th Addl.C.M.M., B'lore.
16 C.C.No.15692/2018Judgment pronounced in Open Court vide separate:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused is acquitted of the alleged offences punishable U/s.341, 504, 506 of IPC.
In this case, prosecution has successfully proved the guilt of the accused persons beyond reasonable doubt for the offence punishable U/s.324 of IPC.
By considering the quantum of the punishment, case is posted for hearing on sentence or applicability of P.O Act.
(Dictated to the Stenographer and after corrections made by me and then pronounced by me in the Open Court on this the 7th day of February, 2022).
(I.P Naik.) 30 A.C.M.M., B'lore.
th Heard.
Heard the learned counsel for the accused urged that, In this case, accused has committed his first offence, he is an engineering student if this court convicted the accused, it will have bad impact on his future as well as to his studies. Hence, prays to release the accused by extending the benefit under P.O Act.
17 C.C.No.15692/2018The learned Sr.APP submitted that, prosecution has proved the guilt of the accused persons hence, prays to convict the accused with higher punishment. As per Sec. 324 of IPC, whenever a person is found guilty of this offence, he may be convicted for imprisonment for a period of 3 years or fine or both. According to charge sheet accused No.1 was 23 years old,as on the date of the incident. In the course of cross-examination PW1 pleaded ignorance regarding accused is BE mechanical student. But his fact is unequivocally admitted by the PW3 in his cross- examination. So it is clear that, accused is a student in Mechanical Branch of Bachelor of Engineering. By considering the nature of the offence, age and future of the accused, it is fit case to extend the benefit of P.O to the accused. At the same time, it is fit case to award compensation as per the principal laid dwon by the Hon'ble Supreme Court of India in Ankush Gaikwad Vs. State of Maharashtra. By considering all these aspects I proceed to pass the following....., ORDER Accused is released U/s.4 of the P.O Act. Call for P.O report.
Bail bond executed by the accused stands cancelled. M.O 1 is worthless and ordered to be destroyed after appeal period.
Accused is directed to pay compensation of Rs.1,000/- to PW1/CW1-Vijayanna.
18 C.C.No.15692/2018Further, office is directed to furnish free copy of the Judgement to the accused (I.P Naik.) 30th A.C.M.M., B'lore.