Bangalore District Court
In His Evidence Has Deposed That He Has vs And 2. It Is To Be Noted That on 2 June, 2018
IN THE COURT OF THE VIII ADDL. C.M.M.,
BENGALURU.
Dated this the 2nd Day of June 2018.
Present: Sri.M.Mahesh Babu, B.A., LL.B.
VIII ADDL.C.M.M., BENGALURU.
C.C. NO.3029/2017
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 3029/2017
2. The date of commission 04/09/2016
of the offence
3. Name of the complainant State by Cubbon Park P.S.
4. Name of the accused 1. Colonel B.G. Kariyappa
s/o late Colonel B.C.Ganapati
aged 62 years, r/at No.102,
Sri Sai Krupa Ashirward
Apartment, 19th
Narayanareddy Layout, Dodda
Banasawadi, Bangalore.
2. Ijaiah Somanna B.C.
s/o B.C.Colonel Kariyappa
27 years, r/at No.102, Sri Sai
Krupa Ashirward Apartment,
19th Narayanareddy Layout,
Dodda Banasawadi,
Bangalore.
5. The offence complained of U/s. 323, 325, 504 r/w 34 of
or proved IPC
2 C.C.3029/2017
6. Plea of the accused and Pleaded not guilty
his examination
7. Final Order Acting U/sec.248(1) Cr.P.C.
accused is acquitted.
8. Date of such order 02-06-2018
For the following:-
JUDGMENT
This is the charge sheet filed by the PSI of Cubbon Park P.S. against the accused 1 and 2 for the offences punishable U/sec. 323, 325, 504 r/w 34 of IPC.
2. The brief facts of the prosecution case is that:
On 04-09-2016 at about 11.10 a.m., in front of Cathedral Church Gate, the accused 1 and 2 in furtherance of common intention to commit an offence picked up quarrel with CW1 and in the above said transaction assaulted CW1 with your hands and also assaulted on the mouth of CW1 as a result broken the front right side teeth and when 2 and 3 came to calm the quarrel at that time the accused have abused CW1 3 C.C.3029/2017 and 3 in filthy language knowingly such insult will provoke breach of peace and thereby committed the alleged offences.
3. Accused 1 and 2 were on bail. Substance of accusation was read over to the accused 1 and 2 for the offence punishable U/sec. 323, 325, 504 of IPC. The accused 1 and 2 have pleaded not guilty and claimed to be tried.
4. In order to substantiate the allegation, prosecution has examined PW.1 and 2 and got marked the documents as Ex.P1 to P3. Since there are no incriminating evidence against the accused 1 and 2 as such recording of 313 Cr.P.C., is dispensed.
5. Heard arguments from both the sides.
6. The points that arise for determination are as follows:
4 C.C.3029/2017
1. Whether the prosecution proves beyond all reasonable doubt that on 04-09-2016 at about 11.10 a.m., in front of Cathedral Church Gate, the accused 1 and 2 in furtherance of common intention to commit an offence picked up quarrel with CW1 and in the above said transaction assaulted CW1 with your hands and also assaulted on the mouth of CW1 as a result broken the front right side teeth and when 2 and 3 came to calm the quarrel at that time the accused have abused CW1 and 3 in filthy language knowingly such insult will provoke breach of peace and thereby committed the offences punishable u/s 323, 325, 504 r/w 34 of IPC?
2. What order?
7. The answer to the above points are as follows:
Point No.1: In the negative Point No.2: As per final order for the following:
REASONS
8. Point No.1:- In order to avoid the repetition of facts taken together for discussion. In order to bring home 5 C.C.3029/2017 the guilt of the accused the prosecution has examined two witnesses i.e., PW1 and 2. PW.1, who being the complainant in his evidence has deposed that he has not lodged complaint against the accused and further stated that he does not know the contents of complaint and mahazar marked as Ex.P1 and P2.
9. Another witness PW2 who being the independent witness, in her evidence she deposed that she has not given any statement before the police.
10. Except the evidence of PW.1 and 2, no other evidence is available on record to establish the guilt of accused 1 and 2. It is to be noted that, complainant has turned out hostile to the case of the prosecution as he has compromised the matter with the accused 1 and 2. The prayer of Sr. APP for issuance of summons to other witnesses is rejected as no purpose will be 6 C.C.3029/2017 served in view of evidence of P.W.1 and 2. Accordingly, I answer point no.1 in the negative.
11. Point No.2:- In the result, I proceed to pass the following:
ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 and 2 are hereby acquitted of the offences punishable U/sec. 323, 325, 504 of IPC.
Bail bonds of accused 1 and 2 and their surety bond stands cancelled.
(Dictated to the stenographer directly on the computer, verified and corrected by me, then the judgment pronounced by me in the open court, on this 2nd day of June 2018.) (M. Mahesh Babu) VIII Addl.C.M.M. Bengaluru.
: Annexure :
1. List of Witnesses examined on behalf of the prosecution:
PW1 : Suresh Sharma
PW2 : Sharadha Sharma
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2. List of Documents marked on behalf of the prosecution:-
Ex.P1 : Complaint Ex.P1(a) : Signature of PW1 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1 Ex.P3 : Statement of PW2
3. List of Material objects marked on behalf of the prosecution:-
- NIL -
4. List of witnesses and documents marked on behalf of the accused:
-NIL -
VIII Addl. C. M. M. Bangalore. 8 C.C.3029/2017 Judgment pronounced in the open court (vide separate order) ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 and 2 are hereby acquitted of the offences punishable U/sec. 323, 325, 504 of IPC. Bail bonds of accused 1 and 2 and their surety bond stands cancelled.
VIII Addl. C. M. M. Bangalore.