Bangalore District Court
State By vs Sadashiva @ Sadashiva Aradya on 7 June, 2018
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 7th day of June 2018
PRESENT: Sri.NAGESH MURTHY.B.K
B.A., LL.M.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.52125/2016
Complainant - State by, Police Sub Inspector
K.R.Puram Police Station
/vs/
Accused 1. Sadashiva @ Sadashiva Aradya
S/o.late Muninanjappa, 32 yrs.
2. Chandrashekar Aradya @ Chandru
S/o.late Muninanjappa, 38 yrs.
Both r/o.No.83, Rajamane House, I
Main, VB Layout, K.R.Pura,
Bengaluru.
JUDGMENT
1. The P.S.I of K.R.Puram police station have filed this chargesheet against the accused Nos.1 and 2 for the offences punishable u/S.323, 324 r/w.34 of IPC.
2. It is alleged by the prosecution that the accused Nos.1 and 2 having common intention on 10/9/2015 at about 9.30 PM at 1st Cross, VB Layout, Mahalakshmi Tailoring shop, K.R.Pura, Bengaluru when CW.4 near the above said Tailoring shop started his two wheeler, the 2 CC No.52125/2016 rays of head light fell on the shop belonging to accused Nos.1 and 2 and due to which accused pickedup quarrel with CW.4 and assaulted him with hands and when CW.1 came to rescue of CW.4, A.2 assaulted her with Long over her head voluntarily causing simple hurt and A.1 assaulted CW.4 with Scissors over his head voluntarily causing hurt and also when CW.5 came to pacify the quarrel accused persons have also assaulted her with hands voluntarily causing hurt and thereby committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered in K.R.Puram P.S., Cr.No.561/2015 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas. Statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused Nos.1 and 2 have appeared before the court through their counsel and have been released on bail. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charge was framed against the accused for the alleged offences and accused have pleaded not guilty and claimed to be tried. 3 CC No.52125/2016
5. The prosecution in support of its case has examined 4 witnesses as PWs.1 to 4 and got marked 3 documents as Exs.P1 to P3. Statements of accused u/S.313 of Cr.P.C. were recorded and the accused have denied the circumstances incriminating them in the evidence.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that the accused Nos.1 and 2 having common intention on 10/9/2015 at about 9.30 PM at 1st Cross, VB Layout, Mahalakshmi Tailoring shop, K.R.Pura, Bengaluru when CW.4 near the above said Tailoring shop started his two wheeler, the rays of head light fell on the shop belonging to accused Nos.1 and 2 and due to which accused pickedup quarrel with CW.4 and assaulted him with hands and when CW.1 came to rescue of CW.4, A.2 assaulted her with Long over her head voluntarily causing simple hurt and A.1 assaulted CW.4 with Scissors over his head voluntarily causing hurt and also when CW.5 came to pacify the quarrel accused persons have also assaulted her with hands voluntarily causing hurt and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, 4 CC No.52125/2016 Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined complainant Manjula and her husband Nagaraj who is the victim in the incident as PWs.1 and 2. In their evidence deposed that on 12/9/2014 at about 9.30 PM at I Cross, V.B.Layout, Bengaluru, after closing Tailoring shop when husband PW.2 in order to go home started his two wheeler, the rays of the head light flashed to the shop of accused No.2, for that they pickedup quarrel with them and assaulted complainant and her husband PW.2 with Long and Scissor, at that time CW.5 and her daughter came to their rescue, accused have also assaulted them with hands. In that regard complainant lodged complaint marked at Ex.P1 and then police came to the spot and conducted mahazar marked at Ex.P2.
10. PW.3 Chandrappa Barki, PSI in his evidence deposed that in the month of July 2016 he took up further investigation of this case from CW.9 and on 18/9/2015 A.1 and A.2 voluntarily appeared before him and he released them on station bail and on 19/9/2015 he received 5 CC No.52125/2016 wound certificate from K.R.Puram Government Hospital and on completion of investigation filed chargesheet before the court.
11. PW.4 Sreevani is the sister of the complainant in her evidence deposed that on 10/9/2015 at 9.00 PM when his brother-in- law came to Tailoring Shop of CW.1 to take her home and when he started his two wheeler the rays of head light fell on the shop belonging to accused, due to which accused pickedup quarrel with her brother-in-law and when her sister went to the rescue of her brother- in-law, accused persons have assaulted her brother-in-law, her sister with Long and Scissors over their head. In this regard she has given statement before the police.
12. In this case all PWs.1 to 4 have supported the case of the prosecution. During the course of cross examination of PW.1 it has been elicited that she has signed the complaint and mahazar in the police station and after lodging of complaint she had been to hospital for treatment and states that mahazar was conducted at about 6.00 PM. Whereas on perusal of the mahazar marked at Ex.P2 it was conducted between 2.00 to 3.00 PM. Thus there is contradiction in the evidence of PW.1 and it is also elicited that at the time of mahazar police have not seized any object from the spot and there was blood 6 CC No.52125/2016 stains on her cloths due to bleeding injury sustained by her on her head and police have not seized the same. During the course of cross examination of PW.2 it has been elicited that wife was admitted as Inpatient for one day but PW.1 in her cross examination states that she took treatment in the hospital for four days as Inpatient. Thus there is contradiction between the evidence of PWs.1 and 2. During the course of cross examination of PW.4 who is the sister of complainant it has been elicited that in her statement to the police she has not stated regarding kicking her by accused persons and not specifically stated to which part of her body accused persons have kicked her. In this case admittedly the Long and Scissors used to assault the victim are not seized by the police and PW.2 in her chief examination states that at the time of incident CW.4 and her daughter came to their rescue and accused have also assaulted them. The daughter of PW.4 by name Keerthana was not cited as witness. The learned Sr.APP filed application u/S.311 of Cr.P.C. to summon the said Keerthana. But she was not secured before the court inspite of service of witness summons and warrant. Hence she was dropped. In view of the above said discussion, as there are contradictions and as Long and Scissors used in the incident are not seized, a doubt arises as to the case of the 7 CC No.52125/2016 prosecution and the benefit of doubt has to be given to the accused. Hence, I hold that prosecution failed to bring home the guilt of the accused persons beyond all reasonable doubt. Accordingly, I answer Point No.1 in the Negative.
13. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER Acting u/S.248(1) of Cr.P.C. the accused Nos. 1 and 2 are acquitted of the alleged offences punishable u/s 323 and 324 r/w.34 of IPC. Bail bonds of accused stand cancelled and they are set at liberty.
(Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 7th day of June 2018).
(NAGESH MURTHY.B.K)
X A.C.M.M., BENGALURU
8 CC No.52125/2016
ANNEXURE
LIST OF WITNESSES EXAMINED
Prosecution Defence
PW.1 Smt.Manjula Nil
PW.2 Nagaraj
PW.3 Chandrappa Barki.
PW.4 Sreevani.
Exhibits Marked
Ex.P1 Complaint.
Ex.P1(a)Signature of PW.1.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P3 Wound Certificate.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.
9 CC No.52125/2016