Bangalore District Court
State By K.S. Layout Police Station vs No. : 1. Harshavardhana on 16 April, 2018
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 16th day of APRIL 2018
:Present:
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.13661/2015
Complainant : State by K.S. Layout Police station
(By Sr. Asst. Public Prosecutor)
-V/s-
Accused No. : 1. Harshavardhana,
S/o Venkateshaiah,
Aged about 27 years,
R/at no.8, 1st Main,
Vivekananda Colony,
Bengaluru.
2. Venkateshaiah,
Aged about 60 years,
No.1, 2nd Cross,
Vivekananda Colony,
Bengaluru.
(By Sri. V.R. Vijay Kumar, advocate )
2 C.C.No.13661/2015
JUDGMENT
The PSI of K.S. Layout Police Station has filed charge sheet against the accused No.1 and 2 for the offences punishable U/s.504, 324 r/w 34 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, C.W. 2 Sri. Krishnappa was residing with C.W. 1 Smt. Tanuja at No.15/B, 4th Cross, Shakambari Nagara, J.P. Nagar, Bengaluru. C.W. 2 Sri. Krishnappa was running a tea shop from 5 a.m. to 10 p.m. in the night, at No.67/1, 1st Main, Vivekananda Colony, Kanakapura Main Road, within the limits of K.S. Layout Police Station. Accused No.1 and 2 used to take their dog out, said dog used to urinate in front of C.W. 2's tea shop. As such, C.W. 2 told accused persons not to make grubby in front of his shop.
Inspite of request by C.W. 2, accused persons on 07/01/2015 at about 7.30 a.m. in the morning, again brought their dog out for urination in front of C.W. 2's shop, as such, C.W. 2 questioned their act, being enraged, accused persons in furtherance of common intention, picked up quarrel with C.W. 2, abused him in filthy language, assaulted on C.W. 2's head with a chain, caused grievous 3 C.C.No.13661/2015 bleeding injuries due to which C.W. 2 fell on the ground, during that time, accused No.1 and 2 pushed boiling milk on the body of C.W. 2, caused burning injuries to him and thereby committed aforesaid offences. Therefore, C.W.1 Smt. Tanuja, wife of C.W. 2, has lodged complaint before the jurisdictional police. As such, this case came to be registered against the accused persons. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses, obtained wound certificate from the concerned authority and after completion of investigation filed charge sheet against the accused persons for the aforesaid offences.
3. The accused No.1 and 2 are on bail and they are represented through their counsel.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C. The cognizance of the offences punishable U/sec. 504, 324 r/w 34 of IPC has been taken as per Sec.190 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused persons in the language known to 4 C.C.No.13661/2015 them, they pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.
6. The prosecution, in order to prove its case has examined its complainant C.W. 1 as P.W. 1 and got marked one document at Ex.P1. At this stage, it is brought to court notice that the complainant being known person of accused persons have compromised the matter among themselves, as such, complainant is not intending to prosecute this case. Therefore, in order to promote harmonious relationship among themselves evidence of other witnesses has been dropped as not required by rejecting the prayer of learned A.P.P. As there is no incriminating evidence against the accused persons, recording of accused statement U/s.313 of Cr.P.C has been dispensed with. Hence, the case is posted for arguments.
7. Heard both the side and perused the material evidence on record.
8. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, C.W. 2 Sri. Krishnappa was residing with C.W. 1 Smt. Tanuja at No.15/B, 4th Cross, Shakambari Nagara, J.P. Nagar, Bengaluru. C.W. 2 Sri. Krishnappa was running a tea shop from 5 5 C.C.No.13661/2015 a.m. to 10 p.m. in the night, at No.67/1, 1st Main, Vivekananda Colony, Kanakapura Main Road, within the limits of K.S. Layout Police Station. Accused No.1 and 2 used to take their dog out, said dog used to urinate in front of C.W. 2's tea shop. As such, C.W. 2 told accused persons not to make grubby in front of his shop. Inspite of request by C.W. 2, accused persons on 07/01/2015 at about 7.30 a.m. in the morning, again brought their dog out for urination in front of C.W. 2's shop, as such, C.W. 2 questioned their act, being enraged, accused persons in furtherance of common intention, picked up quarrel with C.W. 2, abused him in filthy language and thereby committed an offence punishable U/s.504 r/w 34 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common intention, assaulted on C.W. 2's head with a chain, caused grievous bleeding injuries due to which C.W. 2 fell on the ground, during that time, accused No.1 and 2 pushed boiling milk on the body of C.W. 2, caused burning injuries to him and thereby committed an offence punishable U/s.324 r/w 34 of IPC?
3. What Order?
9.My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
6 C.C.No.13661/2015
Point No.3: As per final order for the following REASONS
10.Points No.1 and 2: Both these points involve similar set of facts and circumstances, hence, taken up together for common discussion.
11. The prosecution in order to establish its case has cited as many as 09 witnesses and successful in examining only its complainant C.W. 1 as P.W. 1. This case has been registered on the back ground of an assault said to have been caused on the husband of complainant by the accused persons. In this connection the complainant Smt. Tanuja.M.R is examined as P.W.1. During the course of trial, P.W.1 has completely turned hostile, not deposed anything against the accused persons and thereby not supported the case of prosecution, as such, nothing substantial has been elicited and in the cross-examination of this witness. Later, it is brought to the court notice about the death of C.W. 2 Sri. Krishnappa along with copy of death certificate, as such, C.W. 2 has been discharged. That apart, complainant being known person of accused have 7 C.C.No.13661/2015 compromised the matter among themselves and are living harmoniously in their respective places. Therefore, in order to promote harmonious relationship among the complainant and accused persons, the evidence of other witnesses has been dropped as not required. As a result, the prosecution has failed to prove the charges leveled against the accused persons with cogent, convincing and corroborative evidence. Therefore, above points No.1 and 2 are answered in the Negative.
12.Point No.3: In view of the negative findings on the above points No.1 and 2, I proceed to pass the following ORDER Acting U/s.248(1) of Cr.P.C., the accused No.1 and 2 are found not guilty and acquitted of the offences punishable U/s. 504, 324 r/w 34 of IPC.
The bail & bail bond of the accused and sureties shall stands cancelled.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 16th day of April 2018).
(Mala N.D) XLIV Addl.C.M.M., B'lore.
8 C.C.No.13661/2015ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1: Smt. Tanuja.M.R
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint Ex.P.1(a) : Signature of PW-1
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.
9 C.C.No.13661/2015Judgment pronounced in Open Court vide separate:-
ORDER Acting U/s.248(1) of Cr.P.C., the accused No.1 and 2 are found not guilty and acquitted of the offences punishable U/s. 504, 324 r/w 34 of IPC.
The bail & bail bond of the
accused and sureties shall stands
cancelled.
(Mala N.D)
XLIV Addl.C.M.M., B'lore.
10 C.C.No.13661/2015