Bangalore District Court
Bengaluru City vs Persons Are on 6 February, 2023
1 C.C.No.26899/2022
Digitally signed by
KABC030662382022 VEEDAMOORTHY
VEEDAMOORTHY B
S
BS SADANANDABHAT
SADANANDABHAT BOLLAJE
BOLLAJE Date: 2023.02.06
17:37:11 +0530
Presented on : 17-08-2022
Registered on : 19-08-2022
Decided on : 06-02-2023
Duration : 0 years, 5 months, 20 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 6th day of February 2023
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.26899/2022 Date of commission of the
2. 16.04.2022 offence (As per F.I.R.) Konanakunte Police Station,
3. Name of the complainant Bengaluru City
4. Name of the accused 1. Salima, D/o Abdul Salam, Aged about 23 years,
2. Abdul Salam, S/o Late Shekh Masthan, Aged about 54 years.
3. Nafisa, W/o Abdul Salam, Aged about 45 years.
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4. Mohammed Siddiq, S/o Abdul Salam, Aged about 27 years.
All are R/at No.224, Near Oriental School, Avalahalli, Anjanapura Post, Bengaluru City.
Sections 323, 325, 504 and The offences complained
5. 506 R/w Section 34 of the of Indian Penal Code
6. Plea of the accused Pleaded not guilty Accused persons are
7. Final order acquitted
8. Date of order 06.02.2023 The Sub-Inspector of Police, Konanakunte Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 16.04.2022 at 1.00 p.m., when accused No.1 was at the house of CW1 at Kariyalalingeshwara Nilaya, Doddanna Building, No.237/132, 2nd Cross, Vishnu Bekari Road, Hariharanagara, 3 C.C.No.26899/2022 Bengaluru within the territorial jurisdiction of Konanakunte Police Station, Bengaluru City, accused No.2 to 4 came there in furtherance of their common intention by holding plastic pipe in the hand of accused No.3 and iron pipe in the hand of accused No.4 told accused No.1 to come by wearing burka; when CW1 questioned it, accused No.2 abused CW1 in filthy languages; accused No.4 voluntarily caused grievous hurt of bleeding injury to CW1 on his left ear by beating on his left cheek with his right hand; accused No.2 voluntarily caused simple hurt to CW1 by beating on his head with his hand; accused No.3 voluntarily caused simple hurt to CW1 by beating on his right hand with pipe; when CW1 fell down, accused No.1 to 4 have voluntarily caused simple hurt to CW1 by kicking with their legs and when CW2 to CW5 brought CW1 out of the house by pacifying the clash, accused No.2 and 4 gave life threat to CW1 to CW3. Thereby, the accused persons have has committed the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code.
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3. Based on the First Information of CW1, the crime was registered in Crime No.180/2022 at Konanakunte Police Station. During investigation, accused No.2 and 4 were arrested and produced before the Court on 21.06.2022. On the same day they were enlarged on bail. Accused No.1 and 3 have appeared before the Court and enlarged on bail. On completion of the investigation, the Sub-Inspector of Police, Konanakunte Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. They have appeared before this Court. The copies of the Police Report and other prosecution papers are furnished to the accused persons under section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed offences triable by this court, charges for the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code have been framed and read over to them in 5 C.C.No.26899/2022 Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused persons, the prosecution has produced the oral evidences of PW1 to PW3 and the documentary evidences in Ex.P1 to Ex.P5. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused persons. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
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2. What order or sentence?
6. My answers to the above points are as follows:
Point No.1 : In the Negative, Point No.2 : As per final order for the following;
REASONS
7. POINT No.1 :- In order to prove the charges leveled against the accused persons, out of 14 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of only three witness before this Court as PW1 to PW3. Among them, PW1 Ayaz Khan is the first informant, injured and the mahazar witness, PW2 Nayaz Khan and PW3 Sharukh Khan are the injured and eyewitnesses of the incident. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P5. Among them, Ex.P1 is the First Information, Ex.P2 is the Spot Mahazar and Ex.P3 to Ex.P5 are the Witness Statements.
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.180/2022 and on investigation, since, there are evidences collected by 7 C.C.No.26899/2022 the Investigation Officer to prosecute the accused persons for the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons. PW1 has deposed in his examination-in-chief that no quarrel was taken place between him and the accused persons; as there were some petty differences between him and the accused persons, he gave First Information to the police as per Ex.P1; he does not know its contents; the police have not conducted any mahazar at the place of incident in his presence as per Ex.P2; the police have not seized anything in his presence at the time of mahazar; he does not know the contents of Ex.P2; he signed Ex.P2 at Police Station; he has not obtained any treatment stating that he has sustained injuries as a result of the alleged incident and he has not given any witness statement to the Police. He has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, he has denied the contents of Ex.P1; he 8 C.C.No.26899/2022 gave it; the mahazar conducted at the place of incident as per Ex.P2 in his presence; seizer of plastic pipe and iron pipe; he obtained treatment and he gave his further statement to the Police. The denied portion off his Witness Statement is marked as Ex.P3. Nothing has been elicited in his cross- examination supporting the case of the prosecution.
9. PW2 and PW3 have also deposed in their examination- in-chief that no quarrel was taken place between them and the accused persons and they have not given any Witness Statements to the police. They have also been considered as hostile witnesses and cross-examined at the request of the prosecution. During cross-examination, they have denied the contents of their Witness Statements and they gave it. The denied portions of their Witness Statements are marked as Ex.P4 and Ex.P5 respectively. Nothing has been elicited in their cross-examination supporting the case of the prosecution.
10. On perusal of the above evidences, it appears that the First Informant and the injured witnesses PW1 to PW3 have 9 C.C.No.26899/2022 deposed not supporting the case of the prosecution. They have deposed in their cross-examination that they and the accused persons have compromised the matter. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
11. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found guilty for the aforesaid offences charged against them. In the result, I proceed to pass the following; 10 C.C.No.26899/2022
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 436 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.
The properties in PF No.118/2022 are ordered to confiscate to the state after appeal period.
(Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 06.02.2023) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Ayaz Khan,
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PW2 : Nayaz Khan,
PW3 : Sharukh Khan.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Spot Mahazar, Ex.P2(a) : Signature, Ex.P3 to 5 : Witness Statements.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.12 C.C.No.26899/2022
06.02.2023 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 325, 504 and 506 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 436 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.
The properties in PF No.118/2022 are ordered to confiscate to the state after appeal period.
(VEDAMOORTHY B.S.) 13 C.C.No.26899/2022 II Addl. Chief Metropolitan Magistrate, Bengaluru City.