Bangalore District Court
State By vs Anandappa on 16 August, 2016
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 16th day of August 2016
PRESENT: Sri.NAGESH MURTHY.B.K
B.A., LL.M.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.22999/2012
Complainant - State by, Police Sub Inspector
K.R.Puram Police Station
/vs/
Accused 1. Anandappa
2. Smt.Jayamma
3. Krishna
4. Smt.Chandramma
5. Smt.Arunavathi
6. Smt.Sakhamma, 30 yrs.
All r/o.No.Chikkadevasandra,K.R.Pura
Bengaluru.
JUDGMENT
1. The P.S.I of K.R.Pura police station have filed this chargesheet against the accused Nos.1 to 6 for the offences punishable u/S.143, 147, 448, 427, 504, 506 r/w.149 of IPC.
2. It is alleged by the prosecution that the accused Nos.1 to 6 having common object of assaulting CWs.1 and 4 on 18/4/2012 at about 10.00 AM at No.2/1, Chikkadevasandra Main Road, K.R.Pura, 2 CC No.22999/2012 Bengaluru, formed into unlawful assembly and being the members of unlawful assembly wrongfully trespassed to the property of CW.1 and demolished the wall constructed causing loss to CW.1 and caused rioting and in furtherance of their common object without there being any provocation abused CWs.1 and 4 in filthy language as 'sulemakla, bolimakla' insulting them and threatened them with life and thereby committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered in K.R.Pura P.S., Cr.No.191/2012 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 to 6 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, charges were framed against the accused for the alleged offences and accused have pleaded not guilty and claimed to be tried. 3 CC No.22999/2012
5. The prosecution in support of its case has examined 6 witnesses as PWs.1 to 6 and got marked 6 documents as Exs.P1 to P6. 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 to 6 having common object of assaulting CWs.1 and 4 on 18/4/2012 at about 10.00 AM at No.2/1, Chikkadevasandra Main Road, K.R.Pura, Bengaluru, formed into unlawful assembly and being the members of unlawful assembly wrongfully trespassed to the property of CW.1 and demolished the wall constructed causing loss to CW.1 and caused rioting and in furtherance of their common object without there being any provocation abused CWs.1 and 4 in filthy language as 'sulemakla, bolimakla' insulting them and threatened them with life and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, for the following;4 CC No.22999/2012
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined six witnesses. PW.1 Armuga Swamy and PW.2 Smt.Muthulakshmi in their evidence have deposed that on 18/4/2012 around 10.00 AM when they were undertaking some alterations to their house bearing No.2/1, Chikkadevasandra, the accused persons came there, pickedup quarrel with them and asked to stop the work and abused in filthy language as 'bolimakla, sulemakla' and prevented workers from taking out the work and thereafter PW.1 given complaint marked as Ex.P1 and the police came to the spot and prepared mahazar marked at Ex.P2 and also deposed that accused persons have demolished the wall causing loss to an extent of Rs.500/- to them and also threatened them with life.
10. PW.3 Bhavar Lal is the witness to the mahazar marked at Ex.P2. He has turned hostile to the case of the prosecution.
11. PW.4 Ravi is the eye witness to the incident and also contractor to the house of PW.1 has deposed that accused persons are residents of Chikkadevasandra which is near the house of PW.1. The complainant had bought a property from accused and when he had 5 CC No.22999/2012 taken up construction of the house, galata had taken place between them and about 4 years back around 9.00 AM the accused pesrsons had picked up quarrel with PW.1 regarding construction of house and were causing galata and were abusing in filthy language and threatened PW.1 with life if he fails to vacate the property.
12. PW.5 C.N.Shivanna is the ASI deposed regarding receiving the complaint, registering the case and sending FIR to the court and to his higher officer and deposed he had proceeded to the spot and conducted mahazar and had taken photos at the scene of occurrence. Photos produced before the court and marked at Exs.P3 and P4 and he has collected the Xerox copy of the deed of Sale marked at Ex.P5 and Electricity Bill marked at Ex.P6.
13. PW.6 Mallikarjuna is the PSI has deposed that he has taken over the investigation from PW.5 and on completion of the investigation he filed chargesheet against the accused persons.
14. In this case the supporting witnesses are PWs.1 and 2 who are the victims in the incident. PW.4 is the eye witness to the incident and PWs.5 an 6 are the police officers. PW.3 is the witness to the mahazar turned hostile to the case of the prosecution. During the course of cross examination of PW.1 it has been elicited that with the 6 CC No.22999/2012 help of Ex-Councilor Keshava Murthy he has filed the complaint and he cannot say with what object accused persons have demolished the wall and also admitted that on the date of the incident A.3 was at Mangalore and he signed the mahazar and the complaint in the police station. In this case the incident has taken place on 18/4/2012 at about 10.00 AM and the complaint was lodged on 19/4/2012 at about 12.30 PM and it reflects that there is 26 hours 30 minutes delay in lodging the complaint. The delay in lodging complaint casts a cloud of suspicion on the credibility of the case of the prosecution. In this regard I place my reliance on the decision reported in AIR 1979 SC 135 between Ganesh Bhavan Patel /vs/ State of Maharashtra, wherein the Hon'ble Supreme Court has held that "Inordinate delay in registration of FIR and further delay in recording of the statement of the material witnesses casts a cloud of suspicion on the credibility of entire wrap and woof of the prosecution story." PW.1 the complainant in his cross examination stated that he cannot say with what object the accused persons have demolished the wall on the day of incident and A.3 was at Mangalore and the witness to the mahazar PW.3 in his cross examination stated that he do not know the contents of the mahazar and he signed the mahazar in the police station. Thus on the 7 CC No.22999/2012 evidence available on record doubt arises as to the case of the prosecution and benefit of doubt has to be given to the accused persons. Accordingly I hold that prosecution failed to prove the guilt of the accused persons beyond doubt and accordingly, I answer Point No.1 in the Negative.
15. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 to 6 are acquitted of the alleged offences punishable u/s 143, 147, 448, 427, 504, 506 r/w.149 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 16th day of August 2016).
(NAGESH MURTHY.B.K) X A.C.M.M., BENGALURU 8 CC No.22999/2012 ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Armuga Swamy Nil PW.2 Smt.Muthulakshmi.
PW.3 Bhavarlal PW.4 Ravi.
PW.5 C.N.Shivanna.
PW.6 Mallikarjuna.
Exhibits Marked Ex.P1 Complaint.
Ex.P1(a)Signature of PW.1.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P2(b)Signature of PW.3.
Ex.P2(c)Signature of PW.5.
Ex.P3 Photos Ex.P4 Photos.
Ex.P5 Copy of the Sale Deed.
Ex.P6 Electricity Bill.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.
9 CC No.22999/2012