Bangalore District Court
State By Ashoknagar Police Station vs 4. Prakash S/O. Natarajan on 9 November, 2021
IN THE COURT OF THE XXIX ADDL.C.M.M
MAYOHALL UNIT, BENGALURU
Dated: The 09th Day of November 2021
PRESENT: Sri. G.R.KULKARNI,
B.A.(LAW)., LL.B.,
XXIX Addl. Chief Metropolitan Magistrate, Bengaluru.
C.C.No.50965/2021
COMPLAINANT :- State by Ashoknagar Police Station
(By Sr.APP)
ACCUSED :- 4. Prakash S/o. Natarajan
Aged 33 years,
R/at.No.04, Gupta Layout,
Halasuru, Bengaluru.
(By Sri.B.Sundar., Advocate)
DATE OF COMMENCEMENT 05.10.2021
OF EVIDENCE
DATE OF CLOSING OF 05.10.2021
EVIDENCE
DATE OF JUDGMENT 09.11.2021
JUDGMENT
This is a split-up charge sheet filed by the PSI of Ashoknagar P.S against the accused No.4 for the offences punishable u/s. 143, 147, 447, 448, 427, 504, 506 r/w. Sec.149 of Indian Penal Code.
2. BRIEF FACTS:-
The case of prosecution is that on 21.06.2012 at about 4.30 P.M compound wall, beside house No.2 of CW.1, H.No.3rd Street, Markam road within the jurisdictional limits of Ashoknagar 2 C.C.No.50965/2021 Police Station the accused No.1 to 7 in furtherance of common object among them accused No.4 has unlawful assembly, criminally trespass into the compound belonging to CW.1, damaged the compound and shed, criminally trespassed into the house of CW.1, intentionally insulted and criminally intimidated CW.2 to CW.4.
3. Based on the first information of CW.1, the police have registered the case, investigation was conducted and after completion of the investigation final report filed against the accused.
4. The accused has entered appearance in response to the summons and has been enlarged on bail. The prosecution papers have been supplied to the accused. After hearing, the charge against the accused was framed to which he pleaded not guilty and claimed to be tried.
5. The prosecution has examined PW.1 and PW.2 and Ex.P.1 to Ex.P.3 are exhibited. The statement of the accused is dispensed with.
6. Heard arguments on both sides.
7. The following points arise for my consideration:-
1. Whether the prosecution proves beyond reasonable doubt that on 21.06.2012 at about 4.30 P.M compound wall, beside house No.2 of CW.1, H.No.3rd Street, Markam road within the jurisdictional limits of Ashoknagar Police Station the accused No.1 to 7 in furtherance of common object among them accused 3 C.C.No.50965/2021 No.4 has unlawful assembly thereby committed an offence punishable u/s. 143, 147 r/w. Sec.149 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 to 7 in furtherance of common object among them accused No.4 has criminally trespassed into the compound belonging to CW.1 thereby committed an offence punishable u/s.447 of r/w. Sec.149 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 to 7 in furtherance of common object among them accused No.4 has criminally trespassed into the house of CW.1 thereby committed an offence punishable u/s.448 of r/w.
Sec.149 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 to 7 in furtherance of common object among them accused No.4 has damaged the compound wall and shed belonging to CW.1 thereby committed an offence punishable u/s.427 of r/w. Sec.149 of IPC?
5. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 to 7 in furtherance of common intention among them accused No.4 has intentionally insulted CW. 2 to CW.4 causing breach of peace thereby committed an offence punishable U/s.504 r/w. Sec.149 of IPC?
6. Whether the prosecution proves beyond reasonable doubt that on the above mentioned date, time and place the accused No.1 to 7 in furtherance of common intention among them accused No.4 has criminally intimidated CW.2 to CW.4 thereby 4 C.C.No.50965/2021 committed an offence punishable U/s.506 r/w. Sec.149 of IPC?
7. What order?
8. My answer to the aforesaid points is as under:-
Point No.1 to 6 - In the Negative
Point No.7 - As per final order for the following:-
REASONS
9. Point No.1 to 6: As the facts pertaining to these points are related to each other, all these points are taken together for common discussion for brevity.
10. In the instant case PW.1 and PW.2 are the victims who have testified that the accused No.4 have neither unlawful assembly nor criminally trespassed into the compound and house of CW.1 nor intentionally insulted or criminally intimidated them. PW.1 has stated that he has not given the complaint as per Ex.P1 in this regard. Although PW.1 subscribes to his signature appearing in the complaint at Ex.P1 and spot mahazar at Ex.P2, he pleads ignorance to the contents of Ex.P1 and Ex.P2. PW.1 and PW.2 are treated hostile and cross-examined by the Ld.Sr.APP wherein nothing substantial is elicited in order to support the case of prosecution. PW.2 has stated that he has not given statement as per Ex.P3 in this regard. PW.1 and PW.2 admit to have compromised with the accused. CW.2 and CW.3 who are also victims are reported dead.
5 C.C.No.50965/202111. This Court was of the opinion that PW.1 and PW.2 are the only material witnesses who have turned hostile and therefore the remaining witnesses were dropped by rejecting the prayer of Ld.Sr.APP.
12. On considering the evidence of PW.1 the complaint at Ex.P1 his evidence appears to be contradictory. The evidence of PW.1 is in contradiction with Ex.P1. The statement of PW.2 is in contradiction with Ex.P3. PW.1 and PW.2 have admitted to have compromised with the accused. CW.2 and CW.3 who are also the victims are reported dead. Under such circumstances I hold that the prosecution is unable to establish the guilt of the accused beyond reasonable doubt. Since there is nothing incriminating against the accused, the only inference that could be drawn is that the accused No.1 and 2 are innocent of the offences leveled against them. Hence the accused No.1 and 2 deserve to be acquitted. Therefore I answer point No.1 to 6 in the NEGATIVE.
13. Point No.7: For the aforesaid reasons, I proceed to pass the following:
ORDER Acting U/s.248(1) Cr.P.C. accused No.4 are hereby ACQUITTED for the offences punishable u/s.143, 147, 447, 448, 427, 504, 506 r/w. Sec.149 of Indian Penal Code.
The bail bond of the accused No.4 stands cancelled.6 C.C.No.50965/2021
The cash security offered by accused No.4 for his release on bail shall be refunded on proper identification.
(Dictated by me on computer, typed by the steno, same was corrected by me and then pronounced in open Court on this the 09th day of November 2021) (G.R.Kulkarni) XXIX ACMM, BENGALURU 7 C.C.No.50965/2021 ANNEXURES LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION [ PW.1 Sandeep PW.2 Pooja LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION Ex.P.1 Complaint Ex.P.1(a) Signature of PW.1 Ex.P.2 Mahazar Ex.P.2(a) Signature of PW.1 Ex.P.3 Statement of PW.2 LIST OF MATERIAL OBJECTS GOT MARKED :-
NIL (G.R.Kulkarni) XXIX ACMM, BENGALURU 8 C.C.No.50965/2021 09.11.2021 State by APP Accused For Judgment (Judgment passed separately in the Open Court) ORDER Acting U/s.248(1) Cr.P.C. accused No.4 are hereby ACQUITTED for the offences punishable u/s.143, 147, 447, 448, 427, 504, 506 r/w. Sec.149 of Indian Penal Code.
The bail bond of the accused No.4 is stands cancelled. The cash security offered by accused No.4 for his release on bail shall be refunded on proper identification.
XXIX ACMM 9 C.C.No.50965/2021