Bangalore District Court
State Of Karnataka By vs A1. Swetha (Quashed) on 23 March, 2015
IN THE COURT OF FAST TRACK - XII, BANGALORE CITY
DATED THIS THE 23rd DAY OF March , 2015
Present: Smt. Usharani, B.A.(Law),LL.B.,
Presiding Officer, F.T.C.-XII, Bangalore.
S.C.No.453/2010
Complainant: State of Karnataka by
R.T.Nagar Police,
Bangalore City.
[Represented by Public Prosecutor]
- Versus -
Accused: A1. Swetha (quashed)
A2. Aravind Kumar Mishra,
S/o Rahdhya Shyam Mishra,
Aged about 45 years,
No.A-2/20, Staff Colony,
Century Pulp and Paper,
Ganshyam Dham,
Lal Kuva Near police station,
Nainithal District, Uttara Khand State.
A3. R.K.Mishra,
S/o Radesh Sharma Mishra,
Aged about 35 years,
No.A-2/20, Staff Colony,
Century Pulp and Paper,
Ganshyam Dham,
Lal Kuva Near police station,
Nainithal District, Uttara Khand State.
A4. Raveesh Mishra (quashed)
2 SC No.453/2010
A5. Ashish Mishra (Quashed)
A6. Kamalesh Mishra,
S/o Aravind Kumar Mishra,
Aged about 42 years,
No.A-2/20, Staff Colony,
Century Pulp and Paper,
Ganshyam Dham,
Lal Kuva Near police station,
Nainithal District, Uttara Khand State.
Proceedings of Accused No.1, 4 and 5
quashed as per order in
Cr.P.No:1932/2009 dated:2.12.2009
(By Sri.HJA, Advocate)
Date of commission of offence 9.08.2008
Name of the Complainant Sathya Prakash Pandey
Date of Arrest of accused Accused are on bail
person
Date of release of accused -
persons
Offence charged against the U/s Sec.342, 323, 324, 355,
accused 504, 506, 384 and 120B r/w 34
of Indian Penal Code.
Date of Commencement of trial 23.03.2014
Date of closure of trial 29.01.2015
Opinion of Court Accused are acquitted
J U D G M E N T
The accused A2, A3 and A6 were charge sheeted by Police Sub Inspector, R.T.Nagar Police Station, Bangalore for the 3 SC No.453/2010 offences punishable u/sec. Sec.342, 323, 324, 355, 504, 506, 384 and 120B r/w 34 of Indian Penal Code.
2. The facts of the case are that:
The complainant has married accused No.1 on 22.2.2008 and they were started residing at R.T.Nagar Alistha Quarters Ministry of Defence, 2nd Floor, R.T.Nagar, but accused No.1 used to abuse him and was started torturing him and on 8.8.2009 accused No.6 mother of accused No.1 threatened complainant with dire consequences and on 9.8.2008 accused No.1 called accused No.2 to 4 i.e. her parents and brothers to the said house and formed unlawful assembly with an intention to murder CW.1 and at about 4 p.m., when CW.1 has returned from duty , in furtherance of common object of said assembly picked up quarrel with him wrongfully confined him by tying him to the cot and thereafter accused No.2 assaulted him with Iron rod and also gave electric shock to him and accused No.3 has assaulted him with the chapathi rolling stick and made an attempt to burn him with iron box. Thereby accused have committed offence 4 SC No.453/2010 punishable under Sec. Sec.342, 323, 324, 355, 504, 506, 384 and 120B r/w 34 of Indian Penal Code.
3. The Police Inspector of RT Nagar Police Station has filed charge sheet before the VIII ACMM, Bangalore and after taking cognizance of the offence, case was registered in CC No.11670/2009. The case against accused 1, 4 and 5 was quashed by Hon'ble High Court in its order in Cr.P.No:1932/2009 dated:2.1.2009. The copies of prosecution papers were supplied to the accused person as required u/sec. 207 of Code of Criminal Procedure. Thereafter case against accused 2, 3 and 6 was committed to court of Sessions on 16.2.2010. The Hon'ble City Civil and Sessions Judge assigned the case to this court for disposal in accordance with law by giving SC.No:453/2010.
4. After hearing both the sides, Charge is framed against the Accused 2, 3 and 6 for the offences punishable u/sec. Sec.342, 323, 324, 355, 504, 506, 384 and 120B r/w 34 of Indian Penal Code and read over to them who have pleaded not guilty of the offences and claimed to be tried by this court. Thereafter, case was posted for trial. During the course of trial 5 SC No.453/2010 prosecution has examined PW.1 and got marked Ex.P.1 to P.6. and MOs 1 to 9. Then statements of the accused were recorded u/sec. 313 of Code of Criminal Procedure. The accused have denied all the incriminating evidences produced by the prosecution and have led no defence evidence.
5. Heard the learned public prosecutor and the learned advocate for the accused and the matter was posted for judgment.
6. The following points arise for my consideration:
i. Whether the prosecution proves satisfactorily that on 9.8.2008 at about 4 p.m. within the limits of R.T.Nagar police station at the house situated at Alista Quarters, Ministry of Defence, 80 feet road accused 2 and 3 with common intention picked up quarrel with CW.1 wrongfully confined him by tying him to the cot and thereby committed an offence punishable under Sec.342 r/w 34 of Indian Penal Code?
ii. Whether the prosecution proves satisfactorily that on the said date, place and time accused No.2 assaulted CW.1 with iron rod and gave electric shock to him and accused No.3 has assaulted him with chapaati rolling stick made an attempt to burn him with iron box intending to dishonor him and committed an offence 6 SC No.453/2010 punishable under Sec.355 r/w 34 of Indian Penal Code?
iii. Whether the prosecution proves satisfactorily that on the said date, place and time accused 2 and 3 assaulted CW.1 with such intention and under such circumstances that if by that act if they have caused the death of CW.1 they would have been guilty of murder and caused hurt to CW1 by the said act, and hence committed an offence punishable under Sec.307 r/w 34 of Indian Penal Code?
iv. Whether the prosecution proves satisfactorily that on 8.8.2009 at about 9 p.m. within the limits of R.T.Nagar accused No.6 threatened CW.1 through phone with dire consequences and committed an offence punishable under Sec.506 r/w 34 of Indian Penal Code?
v. What order?
7. From the available materials on record my findings to the above points are as follows:
Point No.1 to 4 : In the Negative Point No.5 : As per the final order for the following:
REASONS
8. Point Nos.1 to 4 :(All the points are taken up together for discussion in order to avoid repetition of facts.) 7 SC No.453/2010 According to prosecution the marriage of complainant was performed with accused No.1 on 22.2.2008 and after marriage they started residing at R.T.Nagar, Alistha Quarters Ministry of Defence, 2nd Floor, R.T.Nagar, but accused No.1 used to abuse him and was torturing him and on 8.8.2009 accused No.6 mother of accused No.1 threatened the complainant with dire consequences and on 9.8.2008 accused No.1 called accused No.2 to 4 i.e. her parents and brothers to the said house with an intention to murder CW.1 and at about 4 p.m. when CW.1 returned from duty they all formed unlawful assembly and in furtherance of common object of such assembly picked up quarrel with him, wrongfully confined him by tying him to the cot and thereafter accused No.2 assaulted him with Iron rod and also gave electric shock to him and accused No.3 has assaulted him with the chapathi rolling stick and made an attempt to burn him with iron box intended to kill him. Hence, complainant has lodged complaint Ex.P.1. On receipt of Ex.P.1 the PW.1 Police Sub Inspector has registered FIR Ex.P.2 and had visited the spot prepared spot mahazar in the presence of CWs 2 and 3 as per 8 SC No.453/2010 Ex.P.3 and had seized knife, iron rods, two pairs of chappals, one chapaathi rolling stick, iron box, switch board, electric plug wire and a towel i.e. MOs 1 to 9 and had entered the same in PF No:9/2009 i.e. Ex.P.4. Thereafter he had recorded statements of CWs 2 to 5 and had obtained wound certificate Ex.P.5 and on completion of investigation submitted charge sheet.
It is pertinent to note here that in order to bring home the guilt of the accused under Sec.307 of Indian Penal Code prosecution has to prove that death of human being is attempted, and such death was attempted to be caused by or in consequence of the act of the accused and that such act was done with the intention of causing death or that it was done with the intention of causing deadly injury to the said person with the knowledge that it is likely to cause death or it is sufficient in the ordinary course of nature to cause death. Sec.342: in order to hold guilty of the offence under Sec.342 of Indian Penal Code Prosecution has to prove that accused persons wrongfully confined CW.1 and thereby prevented him from proceeding beyond certain circumscribing limits. It is also important to note 9 SC No.453/2010 here that case against accused 1,4, and 5 was quashed by Hon'ble High Court in Cr.P.No.1932/2009 and hence now case is against only accused 2, 3 and 6.
The Prosecution has examined only the investigating Officer in this case and inspite of issuance of SS and NBW to prosecution witnesses it was reported as CWs 1 to 3 have vacated the address, CW.5 was not in the given address and CW.6 was transferred to some other place. Even show cause notice has been issued to concerned Investigating Officer through DCP to execute the warrants but witnesses were not secured by the prosecution. According to prosecution CW.1 is the victim and CW.2 and 3 are the witnesses to mahazar as well as circumstantial witnesses and Cws 4 and 5 are hear say and circumstantial witnesses.
It is important to note here that though PW.1 has corroborated his part of work done in this case there ae lot of lacunas in the case of prosecution. Interesting fact is that as per complaint Ex.P.1 the dates of alleged incident was 8.8.2009 and 9.8.2008 and 9.8.2008 but Ex.P.1 was lodged on 2.2.2009. 10 SC No.453/2010 Further important fact is that Investigating Officer has marked Ex.P.6 stating it is the first complaint lodged by CW.1 immediately after the alleged incident but as per wound certificate Ex.P.5 the complainant CW.1 has taken treatment only on 10.8.2008. In the Ex.P.1 it is stated that since it was a family matter CW.1 has requested the police to treat the first complaint as NCR. If that is the case why there was delay of a day in taking treatment is a question remained unexplained.
Further important fact is that as said supra CW.1 has not bothered to appear before the court inspite of issuance of SS and NBW which shows that it is nothing but a false case. It is stated in the complaint that due to shock and trauma there was delay in lodging the complaint. But as already discussed supra treatment was taken only on 10.8.2008 i.e. after lodging the first complaint on 9.8.2008. This shows that it is nothing but make believe story. Most important fact is that if at all CW.1 has sustained injury as alleged in the complaint Ex.P.1 and Ex.P.6 question that why there was delay to take treatment remained unexplained. More over Ex.P.1 was also lodged after expiry of 5 11 SC No.453/2010 months 23 days. Therefore, I opine that Prosecution has miserably failed to prove that accused are guilty of the offence punishable under Sec. 342, 323, 324, 355, 504, 506, 384 and 120B r/w 34 of Indian Penal Code and hence, accused are entitled for acquittal. Accordingly, I have answered points No.1 to 4 in the negative.
11. Point No.5:- For the foregoing reasons, I proceed to pass the following:
O R D E R Acting under Section-235(1) of Code of Criminal Procedure, accused No.2 , 3 and 6 are acquitted of the offences punishable under Section 342, 323, 324, 355, 504, 506, 384 and 120B r/w 34 Indian Penal Code.
Their bail bond and surety bond stand cancelled.
The MO's No.1 to 9 are ordered to be destroyed after the appeal period.
(Dictated to the Judgment Writer, transcribed by her, script thereof revised, corrected, signed and then pronounced by me in the open Court on this the 23rd day of March, 2015.) (Usharani) Presiding Officer, F.T.C.-XII, Bangalore.12 SC No.453/2010
ANNEXURE THE WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION;
PW1 C.A.Siddalingaiah THE WITNESSES EXAMINED ON BEHALF OF THE ACCUSED ;
- Nil -
THE DOCUMENTS MARKED FOR PROSECUTION;
Ex.P 1 Complaint
1(a) Signature of PW.1
1(b) Signature of CW.1
Ex.P 2 FIR
2(a) Signature of PW.1
Ex.P 3 Mahazar
3(a) Signature of PW.1
3(b) Signature of CW.1
3(c) Signature of CW.2
3(d) Signature of CW.3
Ex.P 4 Property List
4(a) Signature of PW.1
Ex.P 5 Medical certificate
5(a) Signature of PW
Ex.P 6 Letter
6(a) Signature of PW.1
6(b) Signature
13 SC No.453/2010
THE DOCUMENTS MARKED FOR DEFENCE;
-NIL-
LIST OF M.OS MARKED
MO.1 : 2 plastic ropes
MO.2 : Knife
MO.3 : 3 iron rods
MO.4 : 2 pairs Chappals
MO.5 : chapathi rolling stick
MO.6 : Iron box
MO.7 : Switch board
MO.8 : Electrical wire
M.O.9 : Towel
(Usharani)
Presiding Officer,
F.T.C.-XII, Bangalore.