Bangalore District Court
Dr. Rafiq Ahamed vs Selvamani Alias Daddu on 26 July, 2024
1 CC.No.1653-2019 -
KABC030046902019
IN THE COURT OF XXIV ADDL. CHIEF
JUDICIAL MAGISTRATE, BENGALURU
DATED THIS THE 26th DAY OF JULY 2024
Present: SRI.VISHWANATH C.GOWDAR
B.A.L, LL.M.,
C/C.XXIV ADDL. C.J.M., BENGALURU.
C.C. No.1653/2019
COMPLAINANT The State of Karnataka through
: Basaveshwaranagara Police station
(Rep by Learned APP)
V/s.
Accused A2. Selvamani @ Daddu
: S/o Shekar, Aged about 19 years
R/at No.41, C/o Harish
3rd Cross, Behind Indian Gas,
Near Carmel College,
Basaveshwaranagar, Benglauru.
A3. Guruprasad @ Appu @ Goode
S/o M. Narasimhamurthy
Aged about 19 years,
R/at No.630, 5th D Main,
Near Carmel College,
Basaveshwaranagar, Benglauru.
2 CC.No.1653-2019 -
A4. Madhu.N.
S/o Nagaraju
Aged about 20 years,
R/at No. 92, 5th Cross, 5th main
Near Carmel School,
Bhovi Colony, Basaveshwaranagara
Bengaluru
Rep.by Sri.-HKC-A2 Sri.M-A3
Sri.J-A4-Adv
1. Date of commission of : 09/10/2017
offense
2. Date of report of offence 10/10/2017
3. Date of arrest of the : Accused are in bail
accused
4. Name of the complainant : Dr.Rafiq Ahmad
5. Date of commencement of : 01.09.2021
recording of evidence
6. Date of conclusion of : 13.07.2023
recording of
7. Offence complained of : Offences punishable under
Sections 341, 323,324,504, &
506 r/w 34 of IPC
8. Opinion of the Judge Accused not found guilty of
the offences under Sec.341,
323, 324, 504, & 506 of IPC
C/c. XXIV A.C.J.M., BENGALURU
3 CC.No.1653-2019 -
JUDGMENT
The PSI of Basaveshwaranagara Police station has filed chargesheet against accused persons for the offences punishable Under sections 341, 323, 324,504 & 506 r/w section 34 of IPC.
2.THE PROSECUTION'S CASE IN NUTSHELL IS AS UNDER :
That on 09.10.2017 at about 1-30 PM infront of Carmel College, Thimmaiah Road, Bengaluru within the limits of Basaveshwaranagara Police Station CW6/PW3 was ill-treated by juvenile by name Nandish by picking up quarrel with him and the same was specified by CW4/PW5. The said Juvenile assaulted CW4/PW5 by his hands and thereafter while CW4/PW5 was passing on the footpath situated at Thimmaiah Road, the accused persons along with juvenile wrongfully restrained CW4/PW5, picked up quarrel with him, abused him in the filthy language and assaulted PW5 by their hands and legs and caused pain, accused No.3 assaulted on PW5's lips by the ring worn by him and caused bleeding injury and threatened with dire consequences of life and thereby accused persons committed offences punishable under sections 341, 323, 324, 504 &, 506 r/w section 34 of IPC.
3. On receipt of First Information statement by the complainant/PW1, Basaveshwaranagara Police have registered the case in Cr.NO.300/2018 for the offences punishable 341, 323,324 4 CC.No.1653-2019 - 504, & 506 r/w section 34 of IPC and transmitted the FIR to the jurisdictional Magistrate. After completion of investigation, the IO has filed the final report against the accused for having committed the offence punishable U/s.341, 323,324, 504 & 506 r/w section 34 of IPC.
4. Thereafter, my predecessor in office after careful examination of the charge sheet and prosecution papers has taken cognizance of offences U/s. 341, 323, 324, 504 & 506 r/w section 34 of IPC.
5. On service of summons, the accused persons appeared through counsel and filed bail application. The same was considered and the accused has been enlarged on bail.
6. After appearance of accused, charge sheet copy, statement of the witnesses and documents along with the charge sheet has been supplied to the accused in compliance of Sec.207 of Cr.P.C. . Thereafter, my predecessor in office has heard the learned Sr.APP and the counsel for accused and framed charge by reading over and explaining the allegations of the prosecution to the accused persons for the offences punishable U/s.341,323, 324,504 & 506 r/w section 34 of IPC. The accused persons have not pleaded guilty and claimed to be tried.
7. The prosecution has examined PWs 1 to 5 and got marked in all six documents as Ex.P.1 to P6 and closed its 5 CC.No.1653-2019 - evidence. The statement of the accused persons as contemplated u/s.313 of Cr.P.C is dispensed, as there is no incriminating materials appearing against them.
8. Heard both the sides. Perused final report , oral and documentary evidence adduced by the prosecution .
9. On the basis of the above, the following points arise for consideration of this court viz;
1) Whether prosecution proves beyond all reasonable doubts that the accused persons infurtherance of common intention to commit an offence, on 09-10-2017 at 1.30 PM Srikha Grasiteria Store, Thimmaiah Road, Bengaluru within the limits of Basaveshwaranagara Police Station the accused persons have wrongfully restrained CW4/PW5 from moving and thereby accused committed an offence punishable under section 341 r/w section 34 of IPC ?
2) Whether prosecution proves beyond all reasonable doubts that on the aforesaid date, time and place accused persons in prosecution of the said common intention, quarreled with CW4/PW5 assaulted CW4/PW5 with hands and caused hurt and thereby accused committed an offence punishable under section 323 r/w section 34 of IPC.?
6 CC.No.1653-2019 -
3) Whether the prosecution proves beyond all reasonable doubts that, on the aforesaid date, time and place, the accused persons infurtherance of their said common intention having picked up quarrel with CW-4 /PW5 , accused NO.3 has assaulted CW-4/PW5 with the finger ring on CW-1's lips and other parts of body and thereby the accused persons have committed offences punishable under Section 324 R/w 34 of Indian Penal Code?
4) Whether prosecution proves beyond all reasonable doubts that the on the aforesaid date, time and place accused persons with an common intention picked up quarrel with CW1, abused CW4/PW5 in filthy language and thereby accused persons committed an offence punishable U/s 504 r/w section 34 of IPC?
5) Whether prosecution proves beyond all reasonable doubts that the on the aforesaid date time and place accused persons in furtherance of the aforesaid common intention threatened CW4 with dire consequence of life and thereby accused persons committed an offence punishable U/s 506 r/w section 34 of IPC ?
6) What order?
7 CC.No.1653-2019 -
10. My answer to the above points is as under:
Point No.1 : In the Negative
Point No.2 : In the Negative
Point No.3 : In the Negative
Point No.4 : In the Negative
Point No.5 : In the Negative
Point No.6 : As per final order
for the following
REASONS
11. Point No.1to 5 : These points are interlinked to
each other. In order to avoid repetition of facts, these points are taken up for discussion together .
12. The prosecution burdened to prove the guilt of the accused beyond all reasonable doubt has got examined six witnesses as PW's 1 to 6 and got marked in six documents as Ex.P.1 to Ex.P.6
13. It is the prosecution's case that onThat on 09.10.2017 at about 1-30 PM infront of Carmel College, Thimmaiah Road, Bengaluru within the limits of Basaveshwaranagara Police 8 CC.No.1653-2019 - Station CW6/PW3 was ill-treated by juvenile by name Nandish by picking up quarrel with him and the same was specified by CW4/PW5. The said Juvenile assaulted CW4/PW5 by his hands and thereafter while CW4/PW5 was passing on the footpath situated at Thimmaiah Road, the accused persons along with juvenile wrongfully restrained CW4/PW5, picked up quarrel with him, abused him in the filthy language and assaulted PW5 by their hands and legs and caused pain, accused No.3 assaulted on PW5's lips by the ring worn by him and caused bleeding injury and threatened with dire consequences of life and thereby accused persons committed offences punishable under sections 341, 323, 324, 504 &, 506 r/w section 34 of IPC.
14. CW1 who is arrayed as complainant is examined as PW4. The said witness has accounted as to he is acquainted with accused persons as well as CWs2,3,5 to 10. He has also deposed regarding CW4/PW5 being his son. The witness has deposed as to there is no wrongful restraint, assault, abuse and life threat to his son by the accused persons. He has also deposed as to his son has not availed any treatment. However the witness has identified the 9 CC.No.1653-2019 - first information statement, the same is marked as Ex.P.5. His signature is marked as Ex.P.5(a).
15. CW2 who is arrayed as witness to the spot mahazar is examined as PW1. This witness deposed as to having affixing the signature in Basaveshwaranagara P.S. He has pleaded ignorance regarding the mahazar being drawn in his presence so also its contents. However, the spot mahazar is marked as Ex.P.1, pursuant to witness having identified his signature, his signatures is marked as Ex.P.1(a). The witness has been treated as partly hostile witness and permitted to be cross examined by learned Sr.APP. The prosecution has failed to elicit regarding the mahazar as per Ex.P.1 being drawn in presence of himself and CW3 on 12.10.2017.
16. Cws 5 & 6 who are arrayed as eye witnesses are examined as Pws 2 & 3. The said witnesses have deposed as to having not witnessed the incident in connection to case on hand and no any statement has been given by them in connection to the case on hand. The PW2 has identified his signature on the letter bearing her signature wherein the CCTV footages pertain to the 10 CC.No.1653-2019 - incident are handed over on account of the said footages being captured in there CCTV cameras. The said letter is marked as Ex.P.2 and her signature is marked as Ex.P.2(a).
17. Pws 2 & 3 are treated as hostile witnesses and permitted to be cross examined by Sr.APP. The prosecution has failed to elicit its case by confronting their voluntary statements under section 161 of Cr.P.C. The denied portions in the voluntary statements of the witnesses are marked as Ex.P.3 & 4 respectively.
18. CW4 who is arrayed as victim/injured is examined as PW5. This witness has deposed as to accused persons and Cws 2,3 5 to 9 being acquainted with him. He has volunteered as to he has affixed the signature on document styled as mahazar at Basaveshwarangara Police station and he is not aware of its contents. However he has identified his signature on Ex.P.1 the same is marked as Ex.P.1(b). He has categorically denied the allegations in Ex.P.5 i.e., first information statement against accused persons. This wintess is treated as hostile witness and permitted to be cross examined by the prosecution. The 11 CC.No.1653-2019 - prosecution has failed to elicit the contents of his voluntary statement. The denied portion in the voluntary statement is marked Ex.P.6.
19. An anxious examination of prosecution papers, evidence on record and arguments canvassed by Sr.APP and the counsel for the accused persons this court has to examine the prosecution's allegations as to the injured/victim having been wrongfully restrained, assaulted, abused and given life threat by the accused persons.
20. It is pertinent to note that , the very testimonies of the PW5 i.e., injured and PW4 i.e., complainant who are son and father are very much inconsistent in so for as the incident. It is also relevant to evaluate the very testimonies of the Pws 4 & 5 are contrary to prosecution papers. This aspect very much amounts to substantial contradictions.
21. The testimonies of independent witness to mahazar i.e., PW1 as well as to the incident i.e., Pws 2 & 3 does not inspire the confidence of this court to gather the very incident. The 12 CC.No.1653-2019 - testimonies of Pws 1 to 3 is unable to corroborate the occurrence of the incident. This amounts to substantial omissions and improvements as well as contradictions.
22.In the case on hand, overall examination of testimonies of the prosecution witnesses and prosecution papers, this court is justified to opine that the prosecution's case is tainted with substantial improvements, omissions and contradictions. It is needless to point out that the very ingredients of the alleged offences are unable to be gathered from the testimonies of the prosecution witnesses. This court without any hesitation holds prosecution has miserably failed to bring home guilt of the accused persons beyond all reasonable doubts. Accordingly this court proceeds to answer Point Nos.1 to 5 in the Negative.
23. POINT NO.6 In view of the above findings on point Nos.1to 5 this court proceeds to pass the following:
ORDER Acting under section 248(1) of Cr.P.C.
the accused Nos. 2to 4 are hereby acquitted of the offences punishable U/s 341, 323, 324, 504 & 506 r/w section 34 of IPC.13 CC.No.1653-2019 -
Consequently, accused Nos.2 to 4 are
set at liberty.
Corresponding bail bonds and surety
bonds of accused persons stands
cancelled.
(Dictated to the stenographer transcribed and computerised by her corrected by me and then pronounced in the open court on this the 26 th day of July , 2024 ) (VISHWANATH C.GOWDAR ) C/c. XXIV A.C.J.M., BENGALURU.
ANNEXURE
1. List of Witnesses examined for the prosecution:
PW-1 : M.N.Prakash
PW-2 : Smt.Kamala
PW-3 : Abhilash
PW-4 : Dr.Rafiq Ahmed
PW-5 : Razik Ahmed
2. List of documents marked for the Prosecution:
Ex.P-1 : Spot Mahazar
Ex.P-2 : Letter to submission of CCTV Footage
Ex.P-3 : CW5 statement
Ex.P-4 : CW6 statement
Ex.P-5 : FIR
Ex.P-6 : CW5 statement
14 CC.No.1653-2019 -
3. List of witnesses examined for the accused:
-Nil-
4. List of documents marked for the accused:
-Nil-
5.List of material objects marked for the Prosecution:
- Nil-
(VISHWANATH C.GOWDAR ) C/c. XXIV A.C.J.M., BENGALURU.15 CC.No.1653-2019 - 16 CC.No.1653-2019 - 17 CC.No.1653-2019 - 18 CC.No.1653-2019 -