Bangalore District Court
The State By vs Somshekarmurthy on 21 April, 2022
IN THE COURT OF VII ADDITIONAL CHIEF METROPOLITIAN
MAGISTRATE, BENGALURU.
Dated : This the 21st day of April, 2022.
Present : Smt.Dhanalakshmi. R. B.Sc., LL.B.
VII Addl.C.M.M., Bengaluru.
C.C.No.18956/2013
Complainant : The State by
Rajgopalnagar Police Station.
(By Sr. Assistant Public Prosecutor)
V/s
Accused Somshekarmurthy
S/o late.Muthunarasimaiah,
40 years, R/at #330/2, Mayurnagar
Andhrahalli Main Road,
Bengaluru.
Date of occurrence of offence : 17.04.2013
Date of report of offence : 18.04.2013
Name of the Complainant : Smt.Dakshyini
Date of commencement of : 03.08.2016
recording evidence
Date of closing of evidence : 10.12.2019
Offences complained of : U/s 498(A), 323, 504, 506,
I.P.C.
Opinion of the Judge : Accused found not guilty.
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JUDGMENT
The P.S.I. of Rajgopalnagar Police Station has filed charge sheet against the accused for the offences punishable U/s 498(A), 323, 504, 506 I.P.C.
2. Brief case of the prosecution is as under :
The marriage of the accused with CW1 by name Smt.Dakshyini was performed on 11.6.1995. After the marriage they lived together for two years and out of their wedlock they have begotten son and daughter. Later the accused used to pick up quarrel for small issues. The accused by having illicit relationship with other women, used to torture the complainant physically and mentally. The complainant tolerated the same for 15 years for the sake of her children. One day the complainant caught hold of accused with unchaste woman. On 17.4.2013 when the complainant and her children returned to their home from a fair in their village, accused abused the complainant in a 3 CC No. 18956 /2013 filthy languages, assaulted her, pushed her out of the house along with children and threatened with dire consequences and thereby alleged to have committed offences punishable U/s 498(A), 323, 504, 506 I.P.C.
3. Upon the written information given by the complainant, crime was registered in Crime No.213/2013 and investigation was taken up. After the completion of the investigation, the chargesheet was submitted against the accused for the aforementioned offence. The cognizance of the offences U/s 498(A), 323, 504, 506 I.P.C is taken against accused and registered the case.
4. In pursuance of the summons accused has appeared and he is on Court bail. The prosecution papers have been given to accused as required U/s. 207 of Cr.P.C. After hearing, the charge is framed against the accused to which he pleaded not guilty and claims to be tried.
5. The prosecution has examined P.W.1 to 6 and has got marked Ex.P.1 to 8 on its behalf. On closure the 4 CC No. 18956 /2013 statement of the accused U/Sec.313 of Cr.P.C is recorded. Accused denied the incriminating evidence against him as false and has not lead any defence evidence.
6. Heard the arguments advanced. Perused the documents placed on record.
7. The points that arise for consideration is :
1. Whether the prosecution has proved beyond reasonable doubt that the marriage of the accused with CW1 i.e., Smt.Dakshyini was performed on 11.6.1995 and accused by having illicit relationship with unchaste women subjected the complainant to physical and mental cruelty and thereby alleged to have committed offence punishable U/s.498(A) IPC?
2. Whether the prosecution has proved beyond reasonable doubt that on 17.4.2013 at about 5.00 p.m. in the house of accused at house no. 330/1, 9th cross, Mayuranagar, Andrahalli main road, Hegganahalli, the accused assaulted CW1 with hands on her back and thereby committed an offence punishable U/s 323 of I.P.C ?
3. Whether the prosecution has proved beyond reasonable doubt that on the above said date, time and place accused abused CW1 in filthy language and thereby committed an offence punishable U/s 504 of I.P.C ?
4. Whether the prosecution has proved beyond reasonable doubt that on the above said date time and place accused by pulling her hairs, dragged her and threatened to kill CW1 and criminally intimidated her and thereby committed an offence punishable U/s 506 of I.P.C ?
5. What order ?5
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8. The above points are answered as under :
Point No.1: In the Negative.
Point No.2: In the Negative.
Point No.3: In the Negative.
Point No.4: In the Negative.
Point No.5: As per final order for the following :
REASONS
9. Point Nos.1 to 4 : All these points are considered together as they require discussion on the same set of facts and evidence. The offence alleged against the accused is U/s 498(A), 323, 504, 506 I.P.C. To bring home an offence U/s. 498 (A) of IPC the prosecution has to prove that first a women has subjected to cruelty as contemplated in (a) or (b) to explanation of Sec. 498 (A) IPC : Secondly that the women is or was married : thirdly that the cruelty has been practiced by her husband or his relatives. 6
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10. PW.1 is the complainant. She has deposed that, the accused is her husband and her marriage with accused was held in the year 1995 at S.S. Kalyana Mantapa at Dasarahalli. After their marriage they lived at house no.330 in Andrahalli. After 3 to 4 years of their marriage they lived together happily and they have begotten one son and daughter. The accused had own factory. After 3 years of their marriage, the accused by having illicit relationship with other woman started to torture the complainant. She further deposed that on 17.4.2013 when she went to celebrate the festival at Kunigal in the house of her uncle and when she returned back to her home after finishing the festival, the accused thrown the utensils and cloths of complainant and her children and pushed them out of their house stating that, they should go their parents house. She further deposed that, the accused had done so done at the instigation of the woman with whom he had illicit relationship. Inspite of advise by the elders, the accused continued to torture the complainant and also spoiled the education of her children. She further deposed that, on 7 CC No. 18956 /2013 18.4.2013 she has given complaint to the police station as per Ex.P.1. Earlier also she has given complaint 3 to 4 times and accused by stating before the police that, he will take care of the complainant and later he again started torturing the complainant. She further deposed that, on 19.4.2013 the police drawn mahazar as per Ex.P.2 and obtained her signature. She has identified her wedding invitation card at Ex.P.1, photos taken at the time of marriage from Ex.P.3 to P.7. She further deposed that, the accused had illicit relationship with Latha, Lakshmi and Shobha. The accused gave life threat to the complainant. Complainant has identified the accused before the court.
11. During cross examination of PW.1, she has stated that on the date of incident itself, she has given complaint and after giving the complaint, she has slept outside of the house along with her children and police have not taken any action to send her inside the home. She further stated that, since the door was locked, they could not go inside the home. She further admitted that, accused 8 CC No. 18956 /2013 is none other than the son of her paternal aunt. Further she has admitted that, during the period of 15 years of marriage, she used to go to the police station to lodge the complaint and at the instance of police they both used to compromise with each other and like that complainant has compromised 3 to 4 times in the police station. Further she has admitted that, she has not produced photos pertaining to the woman with whom the accused had illicit relationship. Further she has admitted that, since the accused has not given the key, they have broken the door lock and entered the home. Further she has admitted that, on 17.4.2013 in the morning she has received notice from the family court and after receiving the said notice, on the same day in the evening, she has lodged the complaint before the police station.
12. PW.2 is the father of the complainant has deposed regarding marriage between complainant and accused. He has deposed that, when she returned to her home after festival in her village, the accused thrown her and her 9 CC No. 18956 /2013 children out of the house and they were slept in the street for two days. The said information is given by her daughter and she has given complaint before the police station. He further deposed that, the accused by having illicit relationship with other women tortured her daughter. Inspite of advice by elders in the village, accused has not changed his behavior. He also deposed that, the accused has filed petition seeking divorce against the complainant. During his cross examination he has stated that, he has voluntarily seen the illicit relationship of the accused with the other lady but he does not have the photo of the lady.
13. PW.3 is the investigating officer has deposed regarding receiving of complaint as per Ex.P.1, registering FIR as per Ex.P.8 drawing of mahazar as per Ex.P.2, regarding statement of CW.4 to 9, obtaining the documents pertaining to marriage of accused no.1 and complainant and filing of charge sheet against the accused. He has identified the accused before the court. During his cross examination he has denied the questions put forth by the defense side. 10
CC No. 18956 /2013
14. PW.4 is the mother of the CW.1. She has deposed regarding marriage between accused and CW.1. She has stated that, the accused has sent CW.1 out of his house and she does not know the reason for the same and she has not given any statement before the police. She turned partly hostile before the court. During her cross examination by the prosecution, she has simply admitted the suggestions put forth by the prosecution. During her cross examination by the defence side, she has stated that about 10 years back she has seen accused with some other lady.
15. PW.5 is the son of the CW.1. He has stated that, the accused is his father. On 17.4.2013 when he, CW.1 and CW.7 returned from Kunigal by attending the festival, in the evening, the door was locked, their clothes were scattered outside their house. When they asked the accused to give the key, he picked up a quarrel with them and told them to go to their grand parents house and should not live here. He further stated that, later her mother by giving the 11 CC No. 18956 /2013 complaint got the door opened and they went inside the house. He further stated that, the accused by daily consuming alcohol, used to pick quarrel with them. He turned partly hostile before the court. During his cross examination by the prosecution, he has admitted regarding his statement before the police. During his cross examination by the defence side, he has admitted that, his father has filed petition seeking divorce against her mother.
16. PW.6 is the daughter of CW.1. She has deposed that, accused is her father. On 17.4.2013 when they returned from Nagasandra village by attending festival, accused has locked the door. When they asked the accused to give the key, he refused to do so and told them to go to their grand parents home. She further deposed that their clothes were thrown, out side the house and they have slept out side of the house for three days and police have given food to them. She further deposed that, the accused has got illicit relationship with the lady and hence accused used to quarrel with CW.1 and hence her mother has given 12 CC No. 18956 /2013 complaint before the police station. She turned partly hostile before the court. During her cross examination by the prosecution, she has simply admitted the suggestions put forth by the prosecution. During her cross examination by the defence side, she has also admitted that, accused has filed petition seeking divorce against her mother.
17. On careful perusal of the entire oral and documentary evidence adduced before the court, it is seen that the relationship between the parties is not in dispute. Even the accused has admitted that the complainant is his wife and CW.6 and 7 are his son and daughter respectively. The main allegations of the prosecution is that the accused by having illicit relationship with unchaste women tortured the complainant physically and mentally. On 17.4.2013 when CW.1, 6 and 7 came to their home after attending village festival, the accused has thrown their clothes outside the home and by locking the door he refused to take them inside the home and told the complainant to go to their parents house by abusing her in filthy language and 13 CC No. 18956 /2013 threatened her with dire consequences and also assaulted her by holding her hair and dragged the complainant. It is seen that regarding the illicit relationship of the accused with other women except PW.1 and PW.6 no one has deposed regarding the same before the court. Further PW.1, PW.2, PW.4 to PW.6 have categorically admitted that before filing this complaint, the accused has already filed petition seeking divorce from the complainant. After receiving the notice from the said petition, the present complaint is filed by the complainant. The prosecution has failed to prove the fact that, the accused by having illicit relationship with the ladies tortured the complainant physically and mentally. The mother , son and daughter of the complainant have turned partly hostile before the court. None of the prosecution witnesses have not deposed as to what are the abusing words uttered by the accused on the date of the incident and also life threat alleged to be given by the accused. PW.1 has stated that, on 17.4.2013 when she returned to her home, the accused has refused to take them to the home and he has thrown their clothes and utensils 14 CC No. 18956 /2013 out of the house. But her evidence is not corroborated by the evidence of PW.2, PW.4 to PW.6. Though I.O. has deposed regarding the action taken by him in this case, his evidence is not supported by the evidence of other prosecution witnesses. PW.1, PW.2, PW.4 to PW.6 have not at all deposed anything regarding the assault by the accused. PW.1, PW.5 and PW.6 have stated that, they have slept out side the house of the accused on the date of the incident but PW.1 during her cross examination has admitted that since accused has refused to give the key, she has broken the door lock and entered the house. Further it is to be seen that, PW.2, PW.4 are none other than father and mother of the complainant and PW.5 and PW.6 are the son and daughter of the complainant who are all interested witnesses but they also turned partly hostile before the court. On perusal of the oral and documentary evidence adduced by the prosecution, it is seen that the prosecution has failed to prove the offence alleged against the accused beyond reasonable doubt. Hence this Court answers these points in the Negative.
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18. Point No.5 : As per the reasons discussed in Point No.1 to 4 the prosecution has failed to bring home guilt of the offence alleged U/s 498(A), 323, 504, 506 I.P.C. As the accused person denied the entire case of prosecution the burden is on the prosecution to prove its case. But on perusal of oral and documentary evidence, the prosecution has failed to prove its case. Hence this Court proceed to pass the following :
ORDER Acting under section 248(1) of Cr.P.C.
the accused is hereby acquitted for the offences punishable U/s 498(A), 323, 504, 506, I.P.C.
Bail bonds and surety shall stand cancelled.
(Dictated to the Stenographer, directly on the computer typed by him, then corrected and pronounced by me in the open Court on this 21st day of April, 2022.) (DHANALAKSHMI.R) VII Addl. C.M.M., Bengaluru.16
CC No. 18956 /2013 ANNEXURES List of witnesses examined for the Complainant :
PW.1 : Smt.Dakshyini, PW.2 : Hanumanthappa, PW.3 : Sandeep, PW.4 : Narasamma, PW.5 : Nataraj, PW.6 : Niveditha, List of documents marked for the complainant :
Ex.P.1 : Complaint Ex.P.2 : Spotmahazar, Ex.P.3 : Invitation Card Ex.P.4 to 7 : Photos, Ex.P.8 : F.I.R, List of witnesses examined for the Accused : NIL. List of documents exhibited for the Accused : NIL.
List of Material Object marked for prosecution : NIL.
VII Addl.C.M.M.,Bengaluru. 17 CC No. 18956 /2013