Bangalore District Court
State By - Bharathi Nagara Police vs Louis Anthony on 12 June, 2015
IN THE COURT OF THE XI A.C.M.M., AT MAYO HALL UNIT.
Mahatma Gandhi Road, Bangalore City.
Present: Sri.P.SRINIVASA, B.A.L., LL.M.,
XI A.C.M.M., Bangalore City.
Dated: This the 12th day of June 2015.
C.C.No.25271/2010
COMPLAINANT :: State by - Bharathi Nagara Police
Station
(State represented by Sr.APP)
Vs.
ACCUSED :: Louis Anthony,
S/o. Susainathan,
41 years,
No.2,
Seppings Road,
Bharathi Nagara,
Bangalore.
(Accused represented by
Advocate Sri. T.G.Suresh)
*****
1. Date of commission of the offence :: 22-07-2010
2. Date of report of offence :: 22-07-2010
3. Arrest of the accused :
a) Date of arrest of accused :: -
b) Release of accused on bail :: 09-06-2011
2
C.C.NO.25271/2010
4. Name of the Complainant :: .D.SACHIDANANDA
MURTHY
5. Date of recording evidence :: 17-12-2012
6. Date of closing evidence :: 18-02-2013
7. Offences complained of :: Ss.3 & 7 of E.C.
Act & Sec 285 of
IPC.
8. Opinion of the Judge :: Accused found
not guilty.
XI A.C.M.M., Bangalore.
JUDGEMENT
The PSI, of Bharathi Nagara Police Station has filed charge sheet against the accused herein for the offence punishable under Sections 3 & 7 of Essential Commodities Act and sec. 285 of I.P.C.
2. Brief facts of the prosecution case is as follows; The complainant herein is working as Food Inspector. On 22-07-2010, at 10-30 a.m., the complainant received information that the accused herein was unauthorizedly Judgement 3 C.C.NO.25271/2010 re-filling the auto gas cylinders from domestic gas cylinders. When the complainant raided the shop, he found that the accused herein was re-filling auto gas cylinders from domestic gas cylinders without any safety measures. Hence, complainant has filed the above complaint before the jurisdictional police.
3. On 18-09-2010 accused herein appeared before this Court and later he was enlarged on bail. After filing of the charge sheet against the accused herein, cognizance of the offences was taken by this Court. Copies of the charge sheet and other prosecution papers were furnished to the accused as provided under Section 207 of Cr.P.C. Charges were framed and read over and explained to the accused. The accused pleaded not guilty. Hence, case was posted for trial. To bring the guilt of the accused, prosecution got examined PW-1 and got marked Ex.P-1 & 2. There is no incriminating evidence against accused hence, accused statement under Section 313 of Judgement 4 C.C.NO.25271/2010 Cr.P.C. is dispensed with. Accused has not adduced any evidence before this Court.
4. Heard arguments.
5. After analysing oral evidence and materials available on records, points for my determination are as follows;
1. Whether the prosecution proves beyond all reasonable doubt that on 22-07-2010 at 10-30 a.m., at M/s. Sharoon Asika S.A.Gas Link situated at No.2, Seppinngs Road Cross, Nehrupuram, the accused herein was negligently refilling gas cylinders and thereby committed an offence punishable U/s.285 of IPC ?
2. Whether the prosecution proves beyond all reasonable doubt that on the above said date, time and place the accused herein illegally and without safety measures refilling the auto gas cylinders from domestic gas cylinders and thereby committed an offence punishable U/s. 3 & 7 of Essential Commodities Act ?
Judgement 5 C.C.NO.25271/2010
3. What order ?
6. My answers to the above points are as follows;
POINT NO-1 & 2 :: In Negative
POINT NO-3 :: As per final order
for the following;
REASONS
7. POINT NO-1 & 2 :: The burden is on the prosecution to prove that the accused herein committed the offences punishable U/s.3 & 7 of Essential Commodities Act and Sec.285 of IPC. Complainant is partly examined as PW-1. On 18-02-2013, complainant appeared before this court and adduced his part examination-in-chief. In his part examination-in-chief the complainant has stated that on 27-02-2010 at 10-30 a.m., he visited S.K.Gas Agency shop of the accused herein and found that accused was re-felling the auto gas cylinders from domestic gas cylinders without any safety measures. Hence, complainant has filed the complaint. Further, has stated that in his presence Ex.P-2 was Judgement 6 C.C.NO.25271/2010 prepared. It is pertinent to note that, the complainant herein failed to appear before this court to complete his examination-in-chief and also tender for cross- examination. Therefore, the evidence of PW-1 cannot be relied upon.
8. Inspite of sufficient opportunity and issuance of summons, warrants and proclamation, the prosecution has failed to examine the witnesses namely, CW-2 to 14. Hence, they were dropped. Non-examination of the material witnesses is fatal to prosecution case. The prosecution has failed to produce sufficient evidence before the Court to show that the accused herein committed the offence as alleged against him. Hence the prosecution has failed to prove the case against accused herein. Therefore, benefit of doubt has to be given to the accused herein. Hence, I answer Point No.1 & 2 in Negative.
Judgement 7 C.C.NO.25271/2010
9. POINT NO-3 :: In the result, I proceed to pass the following;
ORDER Acting under Section 248(1) of Cr.P.C. accused is acquitted for the offence punishable under Sections 3 & 7 of Essential Commodities Act and Sec. 285 of I.P.C.
Bail bond and surety bond of accused shall stands cancelled.
(Dictated to the stenographer, transcribed by her, the transcription corrected and then pronounced by me in the open court on this 12th day of June 2015.) (P.SRINIVASA) XI A.C.M.M., Mayo hall, Bangalore.
Judgement 8 C.C.NO.25271/2010 ANNEXURE WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION ::
PW-1 :: Sachidananda Murthy
DOCUMENTS EXHIBITED ON BEHALF OF THE
PROSECUTION ::
Ex.P-1 :: Complaint
Ex.P-1(a) :: Signature of complainant Ex.P-2 :: Spot mahazar Ex.P-2 (a) :: Signature of PW-1 WITNESSES EXAMINED ON BEHALF OF THE ACCUSED ::
NIL DOCUMENTS EXHIBITED ON BEHALF OF THE ACCUSED ::
NIL LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION ::
NIL (P.SRINIVASA) XI A.C.M.M., Mayo hall, Bangalore.
Judgement 9 C.C.NO.25271/2010 Judgement