Bangalore District Court
State Of Karnataka By vs Altaf Pasha on 1 September, 2021
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU
Dated this the 1st day of September, 2021
PRESENT: SRI. ANIL B. KATTI,
B.Com., LL.B (Spl),
Principal City Civil and Sessions Judge,
Bengaluru.
S.C.No.1141/2015
Complainant : State of Karnataka by
J.J.Nagar Police,
Bengaluru.
Vs.
Accused :1. Altaf Pasha,
S/o. Late. K. Sanaulla
Aged 30 years
R/at. No.7, 4th Cross,
Arafat Nagar,
West of Padarayanpura,
Bengaluru 26.
2. Imran @ Imran Khan,
S/o. Ameer Khan,
Aged 30 years
R/o. No.7, 4th Cross,
Bapuji Nagar,
Bengaluru City.
Date of offence & Time 14.5.2015, 5.30 p.m.
Date of report of offence 14.5.2015, 8.30 p.m.
Date of arrest of the Accused A.1 & A.2 on 16.7.2015
Total period of custody Nil
Name of the complainant Shafiulla Khan
S.C.1141/2015
2
Date of commencement of 5.3.2021
recording of evidence
Date of closing of evidence 24.8.2021
Offences complained of 323, 324, 326, 307, 504, 506 r/w.S.34
of IPC.
Opinion of the Judge Accused are found not guilty
State represented by The learned Public Prosecutor
Accused defended by Sri S.Manjunath
JUDGMENT
The Police Inspector of Jagajeevanram Nagar P.S. has filed the present charge sheet against accused for the offences punishable under Sections 323, 324, 326, 307, 504, 506 r/w.S.34 of IPC.
2. The germane facts leading to the case of prosecution can be stated in nutshell to the effect that on 14.5.2015, at 5.30 p.m. in the gas stove welding shop situated at Padarayanapura, Bengaluru the accused were frequently quarreling with complainant Shafiulla Khan with regard to removing the exhaust fan fixed in the gas stove welding shop of one Ayaz. The accused with their common intention of committing the murder of complainant Shafiulla Khan, the accused No.1 has voluntarily caused hurt to Shafiulla Khan S.C.1141/2015 3 by assaulting with hands and kicked. Thereafter, the accused No.1 by means of iron rod has assaulted over the head of Shafiulla Khan and voluntarily caused hurt. The accused No.2 by means of stove stand has assaulted on CW.2 Abdul Azeez who came to rescue Shafiulla Khan by causing grievous bleeding injury, due to which caused loss of his tooth. The accused Nos.1 and 2 by means of iron rod and stove stand assaulted on them with such intention and under such circumstance by that act they had caused the death of Shafiulla Khan and Abdul Azeez, they would have been guilty of murder. The accused in furtherance of common intention have also abused CW.1 Shafiulla Khan and intentionally insulted, thereby give provocation to CW.1 Shafiulla Khan intending that such provocation will cause him to break the public peace and also administered threat to take away his life. On these allegations, the investigating officer has carried out the investigation. On completion of investigation has filed charge sheet.
S.C.1141/2015 4
3. In response to the summons, the accused Nos.1 and 2 have appeared before the court through their counsel. The copy of charge sheet has already been furnished to accused before the committal Court. The Court after going through the material evidence placed on record by the prosecution having prima facie satisfied has framed the charge. The same was read over and explained to the accused in the language known to them. The accused after having understood the same pleaded not guilty and claimed to be tried.
4. The prosecution was called upon to prove the charges leveled against accused. The prosecution in order to bring home the guilt of accused, in all has examined P.W.1 to 10 and relied on documents as per Ex.P.1 to P.9.
5. On closure of the prosecution evidence, the statement of accused under section 313 of Cr.P.C. came to be recorded. The accused have denied all the incriminating material evidence appearing against them and claimed that false case is filed against them. The accused have not led any defence evidence.
S.C.1141/2015 5
6. Heard the arguments of both sides.
7. On the basis of the above narrated facts, following points arise for determination of Court.
1. Whether the prosecution proves beyond all reasonable doubt that on 14.5.2015 at 5.30 p.m. in the gas stove welding shop of one Ayaz situated at Padarayanapura, Bengaluru the accused with their common intention have picked up quarrel with the complainant Shafiulla Khan on the issue of removing exhaust fan fixed in the gas stove welding shop, the accused No.1 has voluntarily caused hurt to Shafiulla Khan by assaulting with hands and kicked him and thereby committed an offence punishable under Section 323 R/w.S.34 of IPC?
2. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place in furtherance of their common intention the accused No.1 has assaulted on CW.1 Shafiulla Khan by means of iron rod over his head and voluntarily caused hurt and thereby committed an offence under Section 324 R/w.S.34 of IPC?
3. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place in furtherance of their common intention accused No.2 by means of stove stand assaulted over the face of CW.2 Abdul Azeez who came to rescue of CW.1 S.C.1141/2015 6 Shafiulla Khan by causing grievous bleeding injury resulting in loosing of tooth and thereby committed an offence punishable under Section 326 r/w.S.34 of IPC?
4. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place in furtherance of their common intention the accused have caused bleeding injuries to CW.1 Shafiulla Khan and CW.2 Abdul Azeez with such intention and under such circumstance that under by the said act they had caused the death, then they would have been guilty of murder and thereby committed an offence punishable under Section 307 r/w.S.34 of IPC?
5. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place in furtherance of their common intention the accused have caused insult to CW.1 Shafulla Khan intentionally and thereby give provocation to CW.1 Shafiulla Khan intending that such provocation will cause CW.1 Shafiulla to break the public peace and thereby committed an offence punishable under Section 504 R/w.S.34 of IPC?
6. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place in furtherance of their common intention the accused have committed criminal intimidation by threatening CW.1 Shafiulla Khan with injury to his person S.C.1141/2015 7 with intent to cause alarm CW.1 Shafiulla Khan and thereby committed an offence punishable under Section 506 R/w.S.34 of IPC?
7. What Order ?
8. My findings on the above points are 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 : In the Negative;
Point No.6 : In the Negative;
Point No.7 :As per final order, for the following;
REASONS
9. Point Nos.1 to 6: It is the case of the prosecution is that on 14.5.2015, at 5.30 p.m. in the gas stove welding shop situated at Padarayanapura, Bengaluru the accused were frequently quarreling with complainant Shafiulla Khan with regard to removing the exhaust fan fixed in the gas stove welding shop of one Ayaz. The accused with their common intention of committing the murder of complainant Shafiulla Khan, the accused No.1 has voluntarily caused hurt to S.C.1141/2015 8 Shafiulla Khan by assaulting with hands and kicked. Thereafter, the accused No.1 by means of iron rod has assaulted over the head of Shafiulla Khan and voluntarily caused hurt. The accused No.2 by means stove stand has assaulted on CW.2 Abdul Azeez who came to rescue Shafiulla Khan by causing grievous bleeding injury, due to which caused loss of his tooth. The accused Nos.1 and 2 by means of iron rod and stove stand assaulted on them with such intention and under such circumstance by that act they had caused the death of Shafiulla Khan and Abdul Azeez. They would have been guilty of murder. The accused in furtherance of common intention have also abused CW.1 Shafiulla Khan and intentionally insulted, thereby give provocation to CW.1 Shafiulla Khan intending that such provocation will cause him to break the public peace and also administered threat to take away his life. The prosecution in order to prove the said charge leveled against the accused relied on the evidence of P.W.1 to 10 and the documents as per Ex.P.1 to P.9.
S.C.1141/2015 9
10. The 10 witnesses that have been examined by the prosecution are P.W.1 Shafiulla Khan is the injured complainant has filed the complaint as per Ex.P.1, PW.2 Abdul Azeez is another injured witness, PW.3 Yaqub, PW.4 Mohammed Ahmed, PW.5 Ayaz Ahmed are the eyewitnesses to the incident. PW.6 Anjanappa is the second Investigating Officer. PW.7 Dr.Uzma Razvi who has treated Abdul Azeez and issued wound certificate as per Ex.P.8. PW.8 Dr.R.Jagadeesh has examined Abdul Azeez in Victoria hospital and found the injuries noted in Ex.P.7. PW.9 Nizam and PW.10 Javeed Pasha are the panch witnesses to the spot panchanama as per Ex.P.2. This is what the evidence that has been brought on record by the prosecution in order to bring home the guilt of accused. Whether the said material evidence placed on record by the prosecution is sufficient to bring home the guilt of accused or not is to be decided.
11. On careful perusal of material evidence placed on record by the prosecution, it would go to show that prosecution alleges that since 34 months the accused No.1 was asking S.C.1141/2015 10 the complainant Shafiulla Khan to remove the exhaust fan fixed to the gas welding shop since the smoke enters his house, thereby causing illhealth to his sister. However, the same was not shifted, due to which, there were frequent quarrel between accused No.1 and complainant Shafiulla Khan. On 14.5.2015 at 5.30 p.m. while the complainant was working in the welding shop belongs to Ayaz, the accused No.1 came to the welding shop and asked to stop the welding work, since he is not listening for shifting the exhaust fan inspite of many reminders. The complainant Shafiulla Khan has asked accused No.1 to inform to his owner. However, the accused Nos.1 and 2 started abusing the complainant in filthy language and accused No.1 by picking up iron rod assaulted over the head of complainant causing bleeding injury. When the coworker Abdul Azeez came to rescue the complainant, the accused No.2 by picking up the stove stand in front of the shop assaulted over his face and caused bleeding injury resulting in loss of tooth. Thereafter, both the complainant and Abdul Azeez having taken treatment filed the complaint. The prosecution to prove these complaint S.C.1141/2015 11 allegations mainly relies on the evidence of two injured witnesses P.W.1 Shafiulla Khan and PW.2 Abdul Azeez. The prosecution also seeks to corroborate the said evidence through the evidence of PW.3 Yaqub, PW.4 Mohammed Ahmed and PW.5 Ayaz Ahamed who are said to be the eyewitnesses. The prosecution also relies on the medical evidence of PW.7 Dr.Usma Razvi, PW.8 Dr.R.Jagadeesh and that of Investigating Officer PW.6 Anjinappa. Whether the said material evidence placed on record by the prosecution is sufficient to bring home the guilt of the accused in the light of the case of prosecution or not is to be decided.
12. The specific allegations leading to the incident in question as per complaint allegations at Ex.P.1 is on account of the complainant Shafiulla Khan who is working in gas welding shop of Ayaz Ahmed did not concede to the request of accused No.1 for shifting the exhaust fan to the welding shop. The accused No.1 and 2 have alleged to have picked up quarrel with the complainant Shafiulla Khan and assaulted by means of iron rod and stove stand over the head of S.C.1141/2015 12 complainant and on the face of PW.2 Abdul Azeez, due to which they sustained bleeding injuries. The material injured witnesses P.W.1 Shafiulla Khan and PW.2 Abdul Azeez have totally turned hostile to the case of prosecution as alleged in the complaint as per Ex.P.1. They did not even spell out anything about the root cause of accused No.1 questioning the complainant in not shifting the exhaust fan as alleged in the complaint as per Ex.P.1. The learned Public Prosecutor though has subjected these two witnesses to the cross examination, but nothing worth material has been brought on record, so as to prove any of the allegations made in the complaint as per Ex.P.1. However, it has been elicited in the crossexamination of P.W.1 Shafiulla Khan that the accused have also filed complaint against him in this regard and the said case was compromised about one year back. It has also been elicited in the crossexamination of PW.2 Abdul Azeez that the dispute is compromised. The said fact has not been elicited in the crossexamination of PW.3 Yaqub, PW.4 Mohammed Ahmed and PW.5 Ayaz Ahmed. Therefore, the evidence of these two material witnesses P.W.1 Shafiulla S.C.1141/2015 13 Khan and PW.2 Abdul Azeez cannot be of any much assistance to the case of prosecution.
13. PW.3 Yaqub, PW.4 Mohammed Ahmed and PW.5 Ayaz Ahmed are said to be eyewitnesses to the incident. However, they have also not supported the case of prosecution and they have been declared as hostile witnesses. The learned Public Prosecutor though has subjected these material witnesses to crossexamination, but nothing worth material has been brought on record, so as to prove any of the allegations made in the complaint as per Ex.P.1 and P.W.1 Shafiulla Khan and PW.2 Abdul Azeez have suffered injuries in the alleged incident due to any overt act of accused No.1 and 2. Therefore, their evidence cannot be of any much assistance to the case of prosecution to prove the allegations made in the complaint as per Ex.P.1.
14. The unchallenged evidence of PW.7 Dr.Uzma Razvi and PW.8 Dr.R.Jagadeesh would go to show that on 14.5.2015 PW.8 Dr.R.Jagadeesh has examined Abdul Azeez S/o Dastagir Sab and found the injuries noted in Ex.P.7. The S.C.1141/2015 14 evidence of PW.7 Dr.Uzma Razvi Senior Dental Officer, Government Dental College would go to show that Abdul Azeez was brought from Victoria hospital OPD No.81927 and on the basis of XRay report given wound certificate as per Ex.P.8. The said evidence of PW.7 Dr.Uzma Razvi and PW.8 Dr.R.Jagadeesh would only speaks about Abdul Azeez having sustained injuries as noted in wound certificates as per Ex.P.8 and P.9. The complainant Shafiulla Khan has sustained simple injury as per Ex.P.9. The mere presence of injuries as found in Ex.P.7 to P.9 cannot by itself would be sufficient to hold that those injuries were caused to them due to any overt act of accused as alleged by the prosecution in the complaint allegations as per Ex.P.1. The prosecution must establish beyond all reasonable doubt the nexus between the overt act of accused and the injuries found on P.W.1 Shafiulla Khan and PW.2 Abdul Azeez as per Wound certificates Ex.P.7 to Ex.P.9. The prosecution out of the above referred material evidence on record has failed to establish the nexus between the overt act and the injuries found on P.W.1 Shafiulla Khan and PW.2 Abdul Azeez as per Ex.P.7 to Ex.P.9. Therefore, it S.C.1141/2015 15 cannot be conclusively said that P.W.1 Shafiulla Khan and PW.2 Abdul Azeez have sustained injuries in the alleged incident as claimed by the prosecution in terms of complaint allegations as per Ex.P.1. The evidence of PW.6 Anjinappa who has only collected the wound certificates and filed the charge sheet cannot be of any much assistance to the case of prosecution. The panch witnesses PW.9 Nizam and PW.10 Mohammed Zavid Pasha who were supposed to speak on the preparation of spot panmchanama as per Ex.P.2 in their presence and for having recovered the material objects have also not supported the case of prosecution. Therefore, for these reasons, I am of the opinion that the prosecution has failed to bring home the guilt of the accused with cogent and clinching material evidence on record. The benefit of such doubt shall have to be extended to the accused. Consequently point Nos.1 to 6 for determination is answered in Negative.
15. Point No.7: In view the reasons assigned while dealing with Point Nos.1 to 6, I proceed to pass the following:
S.C.1141/2015 16 ORDER The accused Nos.1 and 2 are acquitted under Section 235(1) of Cr.P.C. for the offences punishable under Sections 323, 324, 326, 307, 504, 506 r/w.S.34 of IPC.
The bail bonds of A.1 and A.2 and that of their sureties shall continue for a period of six months in terms of Section 438A of Cr.P.C.
The property subjected to court under P.F.No.49/2015 dated 15.5.2015 under P.R.N.168/2018 dated 5.2.2018 being worthless are ordered to be destroyed after appeal period is over.
(Dictated to the Judgment Writer online directly on the computer, computerized by her, the same is corrected, signed and then pronounced by me in the open Court on this the 1st day of September, 2021).
(ANIL B. KATTI) Principal City Civil & Sessions Judge, Bengaluru.
: ANNEXURE :
List of witnesses examined for the prosecution:
P.W.1: Safiulla Khan
P.W.2: Abdul Azeez
P.W.3: Yakub
P.W.4: Mohammed Ahamed
P.W.5: Ayaz Ahamed
P.W.6: Anjinappa
P.W.7: Dr.Uzma Rizvi
S.C.1141/2015
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P.W.8: Dr.R.Jagadeesh
P.W.9: Nizam
P.W.10: Moahmmed Javeed Pasha
List of witnesses examined for the defence: Nil List of documents marked for the prosecution:
Ex.P.1: Complaint Ex.P.1(a): Signature of PW.1 Ex.P.2 : Mahazar Ex.P.2(a): Signature of PW.1 Ex.P.2(b): Signature of PW.9 Ex.P.2(c): Signature of PW.10 Ex.P.3: Statement of P.W.2 Ex.P.4: Statement of P.W.3 Ex.P.5: Statement of P.W.4 Ex.P.6: Statement of P.W.5 Ex.P.7: Wound Certificate of Victoria hospital Ex.P.7(a): Signature of PW.6 Ex.P.7(b): Signature of PW.7 Ex.P.8: Wound Certificate of Dental hospital Ex.P.8(a): Signature of PW.6 Ex.P.8(b): Signature of PW.7 Ex.P.9: Wound Certificate of Unity Hospital Ex.P.9(a): Signature of PW.6 List of documents marked for the prosecution: Nil List of material objects marked: Nil Principal City Civil & Sessions Judge, Bengaluru.