Bangalore District Court
Banashankari Police Station vs Shiva Alias Balaji on 5 April, 2024
1 C.C.No.22173/2022
KABC030562162022
Presented on : 12-07-2022
Registered on : 12-07-2022
Decided on : 05-04-2024
Duration : 1 years, 8 months, 24 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 5th day of April 2024
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.22173/2022 Date of commission of the
2. 26.10.2021 offence (As per F.I.R.) Banashankari Police Station,
3. Name of the complainant Bengaluru City
4. Name of the accused 1. Shiva @ Balaji, S/o Late Muniswamy, Aged about 28 years, R/at No.59, 6th Cross, Bhavani Nagar, Banashankari 2nd Stage, Bengaluru City-560070.
2. Ravi @ Alien, S/o Late Ramesh, Aged about 30 years, 2 C.C.No.22173/2022 R/at No.352, 2nd Main, Bhavani Nagar, Banashankari 2nd Stage, Bengaluru City-560070.
Sections 323, 324, 448, 504 The offences complained
5. and 506 R/w Section 34 of the of Indian Penal Code
6. Plea of the accused Pleaded not guilty The accused persons are
7. Final order acquitted
8. Date of order 05.04.2024 The Police Sub-Inspector of Banashankari 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, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 26.10.2021 at 7.00 p.m., the accused persons along with a child conflicting with law, in furtherance of the common intention have trespassed to Power Tools shop of CW1 Arun Kumar i.e., Sree Enterprises situated at No.373, 3rd Main Road, Bhavani Nagara, Banashankari 2nd Stage, Bengaluru within the territorial jurisdiction of Banashankari Police Station, 3 C.C.No.22173/2022 Bengaluru City in the grudge that CW1 has quarreled with them on the same day at 2.00 p.m., abused CW1 in filthy languages; gave life threat to him stating that they will show an end to him; accused No.2 along with the child conflicting in law has voluntarily caused simple hurt to CW1 on his face and eye by beating with their hands and accused no.1 voluntarily caused simple hurt to CW1 with bleeding injury on his both hands by beating with iron rod. Thereby, the accused persons have committed the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.249/2021 at Banashankari Police Station, Bengaluru City. During investigation, accused No.1 and 2 have appeared before this Court and enlarged on bail. On completion of the investigation, the Sub-Inspector of Police, Banashankari Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 323, 4 C.C.No.22173/2022 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences and registering the Criminal Case against the accused persons, 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, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused persons, out of 12 witnesses cited by the Investigation Officer of this case, the Prosecution has produced the oral evidences of four witnesses as PW1 to PW4. Among them, PW1 Arun Kumar is the First Informant, Mahazar witness and the victim. PW2 N.Lakshmi, PW3 Mallamma and PW4 Gowramma 5 C.C.No.22173/2022 are the eyewitnesses of the incident. The Prosecution has also produced the documentary evidences in Ex.P1 to Ex.P6. Ex.P1 is the First Information, Ex.P2 is the Spot Mahazar and Ex.P3 to 6 are the Witness Statements.
5. 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 accused persons. Perused the materials available on record.
6. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
6 C.C.No.22173/2022
7. 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
8. POINT No.1 :- As per the case of Prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.249/2021 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused persons for the offences punishable under Sections 323, 324, 448, 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 during his examination-in-chief has deposed that he know the accused persons; no quarrel was taken place between him and the accused persons; since there were some petty differences between him and the accused persons, he gave First Information as per Ex.P1; he does not know its contents; he does not know the contents of Ex.P2; he signed the said document at Police Station; the Police have not conducted 7 C.C.No.22173/2022 any Mahazar in his presence and nothing has been seized in his present; he has not obtained any treatment at hospital alleging that he has sustained injuries as a result of the alleged assault by the accused persons and he has not given any further Witness Statement. 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 gave it; he has obtained treatment at Hospital for the injuries sustained in the alleged incident; the Mahazar conducted at the place of incident as per Ex.P2 in his presence; the Police have seized and Iron rod produced by him in the said place and he gave his further Witness Statement as per Ex.P3. Nothing has been elicited in his cross-examination supporting the case of the prosecution.
9. PW2 to PW4 have deposed in their examination-in-chief that they know the accused persons; they have not witnessed the quarrel of this case nor pacified the quarrel; the accused persons have not abused them and they have not given any Witness Statement to the Police. They have been considered 8 C.C.No.22173/2022 as hostile witnesses and cross-examined at the request of the Prosecution. They have denied the contents of their Witness Statements as false. The denied portions of their Witness Statements were marked as Ex.P4 to Ex.P6 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 PW4 have 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 between them. 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, 324, 448, 504 and 506 R/w Section 34 of the Indian Penal Code beyond 9 C.C.No.22173/2022 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, 324, 448, 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;
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 324, 448, 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, they shall be canceled.
10 C.C.No.22173/2022
The property seized and reported in PF No.141A/2021 is 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 05.04.2024) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Arun Kumar,
PW2 : N.Lakshmi,
PW3 : Mallamma,
PW4 : Gowramma.
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 6 : Witness Statements.
Material objects marked on behalf of Prosecution :-
NIL 11 C.C.No.22173/2022 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.