Bangalore District Court
Is Shifting The Dead Body To The Freezer vs Person Pleaded Not Guilty And Claims To ... on 7 April, 2021
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C.C.No.1293/2019
IN THE COURT OF THE XXXVII ADDL.CHIEF METROPOLITAN
MAGISTRATE, BANGALORE CITY.
Dated this the 7th day of April, 2021.
Present: Sri B.MOHAN BABU, B.A., L.L.B.,
XXXVII Addl. C.M.M., Bangalore.
C.C. No.1293/2019
JUDGMENT UNDER SEC.355 OF CR.P.C.,
1. Complainant: State by Yelahanka P.S.
2. Accused: Mahadeva S/o Renukappa,
Aged about 35 years,
R/o No.552, house of Munendra kumar,
Kogilu,Yelahanka, Bangalore64.
3.Date of offence: 21062018
4. Offences complained of: U/s.341, 504, 323, 324, 506 of IPC.
5. Plea: Accused Pleaded not guilty.
6. Final Order: Accused is Acquitted.
7. Date of Order: 07042021.
*****
The PoliceSubInspector, Yelahanka Police Station, Bangalore
has filed this charge sheet against the accused for the offence
punishable U/s.341, 504, 323, 324, 506 of IPC .
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2. The brief facts of the prosecution case is as follows:
That on 21062018 at about 7.00 p.m. in the evening accused
brought a dead body who had died in a accident, when the
complainant is shifting the dead body to the freezer, accused came
there and abused complainant in filthy language that he is not
responsible for that, and under the aforesaid circumstances on 2206
2018 near Kogilu cross, accused wrongfully restrained complainant
and assaulted to complainant with a wooden club and caused blood
injury and posed life threat to complainant with dire consequences.
Thereby the accused has committed the aforesaid offences.
3. The accused was enlarged on bail. On receipt of charge sheet,
this court took the cognizance of the alleged offences and furnished
copy of the prosecution papers to the accused person. Charge for the
offence P/U/S.341, 504, 323, 324, 506 of IPC., was framed by my
predecessor in office, read over and explained to the accused. The
accused person pleaded not guilty and claims to be tried.
4. The prosecution, in order to prove its case, the prosecution
has examined only one witness as PW1 and got marked two
documents at Ex.P1 and Ex.P2. Since there were no incriminating
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circumstances appeared against the accused, recording statement of
accused as required U/s.313 of Cr.P.C. is dispensed with and the
matter was posted for arguments.
5. I have heard the arguments of learned Sr.APP., for the
prosecution and learned counsel for the accused. Perused the
materials available on record.
6. In order to prove the guilty of accused, out of 07 witnesses,
the prosecution has examined CW1 as PW1. The PW1 Basavaraj has
deposed that, he knows the accused. He further deposed that accused
did not abuse him and has not assaulted on him and he did not gave
life threat. He further deposed that on 21062018 there was galata
between him and accused with respect to shifting of dead body, hence
they went to the police station but he has not lodged any complaint
against him. He identified Ex.P1 and he identified his signature as per
Ex.P1(a) and he another document at Ex.P2 and he identifies his
signature therein as per Ex.P2(a). He pleaded his ignorance about the
contents of Ex.P1 and P.2. At the request of learned Sr.APP., PW1
was treated hostile and permission was accorded to cross examine
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him. The learned Sr.APP cross examined him but he denied all the
suggestion made to him and nothing worth has been elicited.
7. On perusal of the evidence of PW1, it goes to show that the
PW1 has turned hostile to the prosecution case. The learned Sr.APP
sought to issue process against all the remaining witnesses but after
going through the testimony of PW1, I do not find any incriminating
evidence against the accused with regard to the allegations made
against him. When the victim already turned hostile, no purpose
would be served even if remaining witnesses are examined. As such,
prayer was rejected to issue summons to Cws.2 to 7. Since there is no
incriminating evidence against the accused, hence the statement of
accused U/s.313 of Cr.P.C., is dispensed with. As said above, the
complainant as well as victim not supported the prosecution case so as
to prove the allegations against the accused. During the course of
cross examination he has admitted that matter has been resolved
between him and the accused. Though the accused is charged for the
offences punishable u/s.341, 504, 323, 324, 506 of IPC., for want of
evidence, the accused is entitled for acquittal. For the foregoing
discussion, I am of the opinion that the prosecution has failed to prove
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the allegations against the accused beyond all reasonable doubt.
Accordingly, I proceed to pass the following:
ORDER
Acting Under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable U/s.341, 504, 323, 324, 506 of IPC.
The bail bond of accused and surety shall stands cancelled.
(Dictated to the Stenographer directly on the computer and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 7th April, 2021) ( B.MOHAN BABU) XXXVII ADDL.C.M.M., BANGALORE. ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW1 : Basavaraj LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Complaint
Ex.P.1(a) : Signature of PW1
Ex.P.2 : Spot mahazar
Ex.P2a : Signature of PW1.
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LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL XXXVII ACMM., BANGALORE.7
C.C.No.1293/2019 07042021.
Judgment.
Judgment pronounced in the Open court (vide separately).
ORDER Acting Under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable U/s.341, 504, 323, 324, 506 of IPC.
The bail bond of accused and surety shall stands cancelled.
XXXVII ACMM.,B'lore.