Bangalore District Court
State By vs Colonel Suresh Kumar S/O.Late on 4 January, 2016
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 4th day of January 2016
PRESENT: Sri.ARJUN.S.MALLUR,
B.A.L., LL.B.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.50751/2014
Complainant - State by, Police Inspector
M.D.Pura Police Station
/vs/
Accused 1. Colonel Suresh Kumar S/o.late
Anantha Shenoy, 58 yrs. No.V-1002, I
Floor, H Block, Brigade Metropolis,
Garudacharpalya, Bengaluru.
2. S.Kannan S/o.Sadashiva, 48 yrs. No.3,
Shiva Temple, 3rd Cross, Udayanagar,
Bengaluru.
3. Prakash Chandran @ R.P.Chandran
S/o.P.S.Ramachandra, 41 yrs.
No.194/1, 80 feet Road, Rajendranagar,
Koramangala, Bangalore.
JUDGMENT
1. The P.I of M.D.Pura police station have filed this chargesheet against the accused Nos.1 to 3 for the offence punishable u/S.304-A of IPC.
2. It is alleged by the prosecution that the accused Nos.1 to 3 working under Gopalan Enterprises associated with Gopalan 2 CC No.50751/2014 International School had appointed deceased Hemanth Noya as security guard and had constructed a residential shed for him at Gopalan National Engineering College, Hoodi, Bengaluru and the accused persons acted in a rash and negligent manner endangering human life and personal safety of others in providing power connection to the shed of deceased by not obtaining necessary permit from concerned authority which on 30/5/2013 around 5.00 PM resulted in said deceased coming in contact with electrical wires suffering electric should resulting in death not amounting to culpable homicide and thereby committed the alleged offence.
3. On the basis of the complaint filed by CW.1, a case was registered against the accused persons in M.D.Pura P.S., Cr.No.260/2013 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas and statement of witnesses were recorded. Inquest of the deceased was conducted. After collecting the post mortem report of the deceased and on completion of investigation chargesheet has been filed against the accused for the alleged offence.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused have appeared before the court through 3 CC No.50751/2014 their counsel and have been released on bail. Copies of chargesheet were furnished u/S.207 of Cr.P.C. Substance of accusation was readover to the accused and the accused pleaded not and claimed to be tried.
5. The prosecution in support of its case has examined 2 witnesses as PWs.1 and 2 and got marked 15 documents as Exs.P1 to P15. Statement of the accused u/S.313 of Cr.P.C. was recorded and the accused have denied the circumstances incriminating them in the prosecution 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 3 working under Gopalan Enterprises associated with Gopalan International School had appointed deceased Hemanth Noya as security guard and had constructed a residential shed for him at Gopalan National Engineering College, Hoodi, Bengaluru and the accused persons acted in a rash and negligent manner endangering human life and personal safety of others in providing power connection to the shed of deceased by not obtaining necessary permit from concerned authority which on 30/5/2013 around 5.00 PM resulted in said deceased coming in contact with electrical wires suffering electric should resulting 4 CC No.50751/2014 in death not amounting to culpable homicide 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;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined two witnesses. PW.1 K.Chowdappa is examined as eye witness to the incident who has turned hostile denying having witnessed any incident and also denied having made any statement to the police under Ex.P11 regarding cause of death of deceased.
10. PW.2 Nagaraju is the I.O. who has deposed that he has conducted Inquest of the deceased in presence of panchas, conducted mahazar of the spot, seized electrical wires, recorded statement of witnesses, collected appointment orders of accused persons, sketch of place of offence from BBMP and after collecting the PM report of the deceased he has filed the chargesheet.
5 CC No.50751/2014
11. In the case on hand apart from PWs.1 and 2 no other witness are examined before the court. PW.1 has turned hostile to the prosecution and PW.2 is the I.O. The defence has not disputed the death of Hemanth Noya and has also not disputed the place of incident. Therefore, the spot mahazar, inquest mahazar, sketch pertaining to the scene of offence, PM report of deceased are all marked at Exs.P2 to P10 by way of consent. There is no material evidence regarding rash and negligent of the accused resulting in death of victim. The evidence of I.O. also does not throw any light regarding negligent conduct of the accused which resulted in the death of the victim. Under these circumstances, there being no direct or circumstantial evidence regarding cause of death of the victim, it cannot be said that prosecution has been able to prove the alleged offence beyond reasonable doubt and accordingly, I answer Point No.1 in the Negative.
12. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 255(1) of Cr.P.C. the accused Nos. 1 to 3 are acquitted of the alleged offence punishable u/s 304-A of IPC. Bail bonds of 6 CC No.50751/2014 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 4th day of January 2016).
(ARJUN.S.MALLUR) X A.C.M.M., BENGALURU ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Chowdappa Nil PW.2 Nagaraju.
Exhibits Marked
Ex.P1 Spot Mahazar.
Ex.P2 Inquest
Ex.P3 P.M.Report
Ex.P4 Hospital Note.
Ex.P5 Hand sketch of place of offence.
Exs.P6
to P10 Photographs of place of offence.
Ex.P11 Statement of PW.1.
Exs.P13 to P.15 Appointment orders.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.