Bangalore District Court
State By Upparapet Police Station vs Nos.1 And 2 Have Been Acquitted For The ... on 6 February, 2016
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
MAGISTRATE, AT BANGALORE.
Dated this the 6th day of February 2016
Present : Sri.J.V.Vijayananda B.Com., LL.B
IX Addl.C.M.M.Bangalore.
JUDGMENT U/S.355 OF Cr.P.C..
1.CC No 23832/2015
2.Date of Offence 3-5-2015
3.Complainant State by Upparapet Police Station
4.Accused 1. Santhosh
S/o. Gundappa, aged 23 years,
residing at Tigadi Grama and Post,
Bailahonagala Taluk, Belagavi
District.
2. Arun
S/o Devendrappa, aged 22 years,
Residing at Nagasamudra Grama
and Post, Gadag Taluk and District.
5. Offences complained U/s.323 and 324 r/w 34 of IPC
of
6.Plea Accused Nos.1 and 2 pleaded not
guilty.
7.Final Order Accused Nos.1 and 2 are acquitted
8.Date of Order 6-2-2016
2 CC No.23832/2015
REASONS
The Sub Inspector of Police, Upparapet Police Station,
Bangalore has filed this charge sheet against accused Nos.1
and 2 for the offences punishable under section 323 and 324
r/w 34 of IPC.
2. The brief facts of the prosecution case are that, on
3-5-2015 at 9-00 p.m., in front of Kalyani Wine Store at No.28,
5th main road, Gandhinagar, within the limits of Upparapet
Police Station, when C.W.1 David after consuming liquor was
proceeding, at that time the accused persons visited said place
picked up quarrel with C.W.1 in respect of mobile phone,
voluntarily caused simple hurt with hands and legs and
further accused No.1 voluntary caused simple hurt with stone
his face and caused blood injury and thereby committed
aforesaid offences.
3. The accused Nos.1 and 2 are on bail. Copies of charge
sheet have been furnished to the accused persons as required
under Sec.207 of Cr.P.C. After hearing on charges, this court
has framed the charge for the offences punishable under
sections 323 and 324 r/w 34 of IPC., for which accused
persons denied the charge and claimed to be tried.
4. The prosecution in order to prove its case has not
examined any witnesses and has not been marked any
documents. Since C.Ws.1 to 11 did not turn up before this
3 CC No.23832/2015
court, by rejecting the prayer of learned Sr.APP, this court
dropped the examination of said witnesses.
5. Since, the prosecution has not adduced any
incriminating evidence, against the accused Nos.1 and 2, their
statement u/s.313 of Cr.P.C., is dispensed with.
6. I have heard both counsels and perused evidence
on record.
7. As stated above, the prosecution to prove guilt
against accused has not examined any witnesses on record.
The order sheet indicating that on 2-11-2015 charge framed.
Thereafter, summons has been issued on two occasions. On
14-1-2016 C.W.7 the medical officer was present before the
court but for want of production of wound certificate the
examination of C.W.7 was deferred. Subsequently, even C.W.7
not tendered for further examination and even not produced
wound certificate. However, the shara made by the concerned
police indicating that C.Ws.1 and 2 who were residing in care
of address i.e., near Indian School have left the given address.
The concerned police obtained said information from the
secretary of said Indian School by name Smt. Soubhagyamma
and process police could not locate their correct address.
Further the process police could not serve summons to C.Ws.3
and 4. Further the process police could not locate the address
of C.Ws.5 and 6. He served summons to C.Ws.8 and 9.
4 CC No.23832/2015
Further he served summons to C.W.10 through mobile phone.
Since C.W.11 not available for service, the process police
prayed time to serve summons to him. Further the shara
dated 28-1-2016 indicating that C.Ws.1 and 2 who were
residing in care of address i.e., near Indian School have left
the given address. The concerned police obtained said
information from the secretary of said Indian School by name
Smt. Soubhagyamma and process police could not locate their
correct address. The process police duly serve summons to
C.W.3, 4 and 8 to 10. He could not locate the address of
C.W.5 and 6. He prayed time to serve summons to C.W.11.
From the above referred shara it is very much clear that
C.Ws.1 and 2 who were temporarily residing in the given
address vacated and the process police could not locate their
correct address. When the process police could not locate the
address of C.Ws.1 and 2, even if the prosecution had
examined other witnesses on record, no purpose would serve
to it. Moreover, though summons to C.Ws.3, 4 and 7 to 9 duly
served and they had knowledge of this case, have not
appeared before the court. As such no purpose would serve in
issuing summons to other witnesses when the material
witnesses have left the given address. The learned Sr.APP.,
prayed time to examine other witnesses on record. When the
concerned police not in a position to locate the address of the
material witness C.W.1, any amount of evidence of other
witnesses would not suffice to prosecution to prove its case
beyond all reasonable doubt. Accordingly, by rejecting the
5 CC No.23832/2015
prayer of learned Sr.APP., examination of C.Ws.1 to 11
dropped. Therefore, I am of the considered opinion that the
prosecution has failed to prove guilt against accused persons
beyond all reasonable doubt. Hence, accused Nos.1 and 2 are
entitled for benefit of doubt. In the result, I proceed to pass
the following.
ORDER
This court did not found guilt of accused Nos.1 and 2 for the offences under section 323 and 324 r/w 34 of IPC.
Consequently, acting under section 248(1) of Cr.P.C accused Nos.1 and 2 have been acquitted for the above- referred offences.
Their bail bonds and surety bonds stand cancelled.
The property seized under P.F.No.40/2015 item No.1 small stone is being worthless shall be destroyed after appeal period is over.
Issue direction to concerned police to destroy the said property.
(Dictated to the Stenographer directly on computer and print out taken by her is verified and then pronounced by me in the open court on this the 6th day of February 2016) (J.V.Vijayananda) IX Addl.Chief Metropolitan Magistrate, Bangalore.
6 CC No.23832/2015ANNEXURE LIST OF WITNESSES EXAMINED, DOCUMENTS & MATERIALS MARKED ON BEHALF OF THE PROSECUTION :
NIL LIST OF WITNESSES EXAMINED, DOCUMENTS & MATERIALS MARKED ON BEHALF OF THE DEFENCE: NIL IX ADDL.C.M.M. Bangalore.7 CC No.23832/2015
Judgment pronounced in the open court vide separate sheet.
ORDER This court did not found guilt of accused Nos.1 and 2 for the offences under section 323 and 324 r/w 34 of IPC.
Consequently, acting under section 248(1) of Cr.P.C accused Nos.1 and 2 have been acquitted for the above- referred offences.
Their bail bonds and surety bonds stand cancelled.
The property seized under P.F.No.40/2015 item No.1 small stone is being worthless shall be destroyed after appeal period is over.
Issue direction to concerned police to destroy the said property.
IX ADDL.C.M.M. Bangalore.8 CC No.23832/2015
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN MAGISTRATE, AT BANGALORE.
Dated this the 3rd day of February 2016 Present : Sri.J.V.Vijayananda, B.Com., LL.B X Addl.C.M.M. Bangalore. JUDGEMENT U/S.355 OF Cr.P.C.
1. CC No : 23832/2015
2. Date of Offence : 03/05/2015
3. Complainant : State by Upparpet Police Station
4. Accused : 1. Santosh S/o Gundappa 9 CC No.23832/2015 aged 23 years, Tigadi Village and Post, Bailahongala Taluk, Belagavi District.
2. Aruna S/o Devendrappa aged 22 years, Nagasamudra Village and Post, Gadag Taluk and District.
5. Offences Complained of : U/s.323, 324 r/w 34 of IPC
6. Plea : Accused Nos.1 and 2 are pleaded not guilty
7. Final Order : Accused Nos.1 and 2 are acquitted
8. Date of Order : 3/02/2016 REASONS The Sub Inspector of Police, Upparpet Police Station Bangalore has filed this charge sheet against the accused Nos.1 and 2 for the offences punishable U/s. 323, 324 r/w 34 of IPC.
I have heard the arguments on both sides.
( J.V.Vijayananda ) IX Addl.Chief Metropolitan Magistrate, Bangalore.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION :
Nil LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION :
Nil 10 CC No.23832/2015 LIST OF WITNESSES EXAMINED, DOCUMENTS AND MATERIALS OBJECTS MARKED ON BEHALF OF THE DEFENCE NIL IX ADDL.C.M.M. Bangalore