Bangalore District Court
Amruthahalli Police Station vs Sujatha on 21 August, 2024
KABC030913342022
Presented on : 29.12.2022
Registered on : 29.12.2022
Decided on : 21.08.2024
Duration : 01y/07m/23days
IN THE COURT OF XLI ADDL. JUDICIAL MAGISTRATE
AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Judicial Magistrate
Bengaluru
Dated on this 21st day of August 2024
C.C.No.39399/2022
COMPLAINANT : The State by
Amruthahalli Police Station
-V/s-
ACCUSED : 1. Smt.Sujatha
W/o.Gopala G.T.,Aged 50 years.
2. Smt.Vijayalakshmi
W/o.Krishnamurthy, Aged 45 years,
3. Vinay @ Vinay Kumar
S/o. Gopal.G.T., 31 Years,
4. Pavan @ Pavan Kumar
S/o.Krishnamurthy, 31 years,
All are residing at
No.241, 5th Cross,
2 C.C.No.39399/2022
Jakkur Layout, Jakkur Post,
Bengaluru North Taluk.
Date of Commission 16.11.2022
of offence
Date of report 22.11.2022
Date of arrest On 05.12.2022 the accused No.1 to
4 surrendered before the Court
and got enlarged themselves on
bail.
Name of the complainant Sri. Govindaraju.L
Date of commencement of 10.10.2023
recording Evidence
Date of closing evidence 29.07.2024
Offences complained of U/Sec. 341, 323, 325, 504, 506
r/w.34 of IPC
Opinion of the Judge As per final orders
State Represented by Senior Asst. Public Prosecutor
Accused Represented by Sri.V.Chandrashekar., Advocate
JUDGMENT
[Delivered on 21.08.2024] The P.S.I of Amruthahalli police station has filed charge sheet against the accused for the offences punishable U/Sec. 341, 323 , 325, 504, 506 R/w 34 of IPC.
2. Brief facts of prosecution case is as follows:
On 16.112022 at 9p.m., the accused in furtherance of common intention wrongfully restrained CW.1 near his house, 3 C.C.No.39399/2022 which is situated at # 241, 5th A cross, Jakkur Layout, Amruthahalli, quarreled with him by saying that, he got registered the site to his name, abused CW.1 and 2 in a filthy language, the accused No.3 fractured his left ring finger by twisting it, accused No.4 dragged him holding his collar, beaten him with hands, caused hurt and accused No.3 and 4 threatened them with dire consequences. On the basis of complaint given by CW.1, the Amruthahalli Police have registered this case against the accused in Cr.No.275/2022.
3. On 05.12.2022, the accused No.1 to 4 voluntarily surrendered before the Court and got enlarged themselves on bail.
4. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offences punishable U/Sec.341, 323, 325, 504, 506 R/w 34 of IPC complied with Sec.207 of Cr.P.C and furnished charge sheet copies to the accused.
4 C.C.No.39399/2022
5. The Court heard both the parties. As there were no grounds to discharge the accused, this Court framed charges for the offences punishable U/Sec.341, 323, 325,504, 506 R/w 34 of IPC. The accused did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined 6 witnesses as PW.1 to 6 and got marked Ex.P.1 to 4 documents. After the closure of the evidence of the prosecution, the court recorded the statements of the accused U/Sec.313 of Cr.P.C., wherein, they have denied the incriminating evidence led against them. They did not choose to lead their defense evidence.
7. I have heard the arguments of Senior APP and Sri.VC Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, the accused in furtherance of common intention wrongfully restrained CW.1 on 16.112022 at 9p.m., near his 5 C.C.No.39399/2022 house, which is situated at # 241, 5th A cross, Jakkur Layout, Amruthahalli and thereby they have committed the offence punishable U/Sec.341 r/w.Sec.34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place the accused in furtherance of common intention abused CW.1 and 2 in a filthy language and thereby they have committed the offence punishable U/Sec.504 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place the accused No.3 in furtherance of common intention, fractured the left ring finger of CW.1 by twisting it and thereby they have committed the offence punishable U/Sec.325 r/w.34 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place the accused No.4 in furtherance of common intention dragged CW.1 by holding 6 C.C.No.39399/2022 his collar, beaten him with hands, caused hurt and thereby they have committed the offence punishable U/Sec.323 r/w.34 of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place the accused No.3 and 4 in furtherance of common intention threatened CW.1 with dire consequences and thereby they have committed an offence punishable U/Sec.506 r/w.34 of IPC?
6. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : In Negative
Point No.5 : In Negative
Point No.6 : As per final orders for the following:
REASONS
Point No.1 to 5: As all these points are interrelated, I take all the five points together for common discussion to avoid repetition. 7 C.C.No.39399/2022
10. The burden is casted on the prosecution to prove that, the accused in furtherance of common intention wrongfully restrained CW.1 on 16.112022 at 9p.m., near his house, which is situated at # 241, 5th A cross, Jakkur Layout, Amruthahalli, abused CW.1 and 2 in a filthy language, the accused No.3 fractured the left ring finger of CW.1 by twisting it, the accused No.4 dragged CW.1 by holding his collar, beaten him with hands, caused hurt and the accused No.3 and 4 threatened CW.1 with dire consequences.
11. In order to prove its case, the prosecution got examined the complainant/victim CW.1 as PW.1, eye witness/victim CW.2 as PW.2, mahazar witnesses CW.4 as PW.3, CW.3 as PW.5, the doctor, who treated the injured/CW.5 as PW.4 and the investigation officer/CW.6 as PW.6 and got marked the complaint/first information as Ex.P.1, spot mahazar as Ex.P.2, police notice as Ex.P.3 and wound certificate as Ex.P.4. 8 C.C.No.39399/2022
12. CW.1/PW.1- Govindaraju in his evidence has stated that, the CW.2 is his wife and he is acquainted with the accused No.1 to 4. On 16.11.2022 at 9 p.m., the accused No.1 to 4 wrongfully restrained him near his house in the matter of property, they abused him and his wife in a filthy language. The accused No.3 and 4 beaten him with hands and caused hurt to his face and back. The accused No.1 fractured his left ring finger by twisting it. The accused No.4 dragged him by holding his collar and beaten to his back. The accused No.3 and 4 threatened them with dire consequences. The public, who witnessed the incident had informed Hoysala police by making phone call. Accordingly, Hoysala police came to the spot and break up the fight. He took treatment at Axis hospital, Amruthahalli as he had sustained injury to his finger. Further, he took treatment from an Orthopedic Surgeon of Shankar Hospital, Basaveshwar Nagar. The Orthopedic surgeon advised him to undergo surgery as his finger was fractured. On 22.11.2022 he had given Ex.P.1 9 C.C.No.39399/2022 complaint to the police. Ex.P.2 mahazar bears his signature. He do not remember the date, on which the police conducted mahazar. But, the police have drawn mahazar near his house in between 3 p.m., to 4 p.m. At that time, CW.3 and 4 were present. He has identified the accused.
13. CW.2/PW.2 - Varalakshmi in her evidence has stated that, the PW.1 is her husband and she is acquainted with the accused. The accused No.1 and 2 are the elder sisters of her husband and accused No.3 and 4 are their children. On 16.11.2022 at 9 p.m., when she was in their house along with her husband and father- in-law, the accused quarreled with her husband by stating that, he got registered site in his name. They wrongfully restrained him by calling him as cheater. The accused No.4 dragged her husband by holding his collar. The accused No.3 fractured the left ring finger of her husband. They abused them in a filthy language.
14. CW.5/PW.4 Dr.Kiran M.S., in his evidence has stated that, while he was working as doctor at GM hospital, Basaveshwar 10 C.C.No.39399/2022 Nagar, on 23.11.2022 at 10.30 a.m., one Govindaraju was brought to their hospital by one Anjanamurthy with the history of assault on 16.11.2022. On 21.11.2022, the injured had taken treatment from Dr.Shankar. That doctor told him to undergo surgery in their hospital as he had sustained fracture to his left ring finger. Accordingly, the injured visited to their hospital on 23.11.2022. The injured first told them that, he sustained injury as he fell from the two wheeler. Subsequently, he told that, he sustained injuries in the assault. On examination, he noticed restriction in the movement of his left ring finger. On 17.11.2022, he had taken X-ray at Amruth Diagnostic Centre. By perusing that X-ray, he confirmed that his left ring finger is fractured. On the same day, he was operated for his injury. Accordingly, he has issued Ex.P.4 wound certificate. He opined that, the injury sustained by the victim was grievous in nature. There are chances to sustain such injuries if a person's finger is twisted.
11 C.C.No.39399/2022
15. CW.4/PW.3-Venkatappa in his evidence admits his signature found on Ex.P.2 mahazar and also the signature found in Ex.P.3 police notice. On 22.11.2022 he affixed his signatures to those documents at the house of CW.1. The CW.3 had affixed his signature to those documents along with him. The police have taken the photographs at the spot. The CW.1 showed the place to the police, where the mahazar was drawn from 2 p.m., to 2.40 p.m.
16. CW.3/PW.5 - Somaraj in his evidence admits his signature found on Ex.P.2. On 15.11.2022 at 4.30 p.m., to 5 p.m., the Amruthahalli police called him and asked whether he is acquainted with Govindaraju. As the police called him to the house of Govindaraju, he went near the house of PW.1 on 16.11.2022 at 3 p.m. The police by verifying the spot have drawn mahazar till 5 p.m. That mahazar was drawn by stating that, the nephew of PW.1 had beaten him. He signed Ex.P.2 in front of the house of PW.1. Another person was present at the spot and 12 C.C.No.39399/2022 he is not aware of his name. He is not aware of the contents of Ex.P.2.
17. CW.6/PW.6 - Sunil Kumar K.B., in his evidence has stated that, while he was working as PSI at Amruthahalli police station on 23.11.2022, he issued notice to PW.3 and 5 and asked them to be panchas for drawing spot mahazar. Accordingly, he went to the spot at 2 p.m., which was showed by PW.1 and drawn Ex.P.2 mahazar till 2.45 p.m. He had issued Ex.P.3 notices to the pancha witnesses. On the same day, he recorded the statements of PW.2, 3 and 5. The PW.1 produced a document for having taken treatment at GM hospital. On 05.12.2022, four accused persons by obtaining bail from the court appeared before him. Accordingly, he followed arrest procedure and released them on bail. On the same day, he recorded their voluntary statements. On 10.12.2022, he recorded the restatement of PW.1. Ex.P.4 is the wound certificate issued by GM hospital. By completing the 13 C.C.No.39399/2022 investigation, he filed charge sheet against the accused. He has identified the accused.
18. On the basis of Ex.P.1 typed information given by PW.1, the Amruthahalli police have registered this case, investigated the matter and filed charge sheet against the accused. As per the complaint, the accused No.1 and 2 are the elder sisters of the complainant, accused No.3 is the son of accused No.1 and accused No.4 is the son of accused No.2. By mentioning the names of the accused, the PW.1 gave complaint to the police wherein he has stated that, the accused No.1 and 2 are having ill will against him and filed civil suit with respect to their property. He narrated the incident in detail as to how the accused abused him in a filthy language and the manner in which they assaulted him. He has also mentioned the nature of injury sustained by him and the name of the hospital wherein he took treatment.
19. As per Ex.P.1, the alleged incident occurred on 16.11.2022 at 9 p.m. Ex.P.1 complaint was given on 22.11.2022. The PW.1 has 14 C.C.No.39399/2022 not explained the reasons as to why there was delay of almost 6 days in lodging Ex.P.1 complaint. As per column No.3[C] of FIR, there was a delay in lodging complaint, as the complainant approached the police after taking treatment. Though the PW.1 stated in Ex.P.1 that he had annexed the medical records along with Ex.P.1, the prosecution has not produced those documents before the Court.
20. In Ex.P.1, the PW.1 has stated that, he had taken treatment from Axis hospital, Amruthahalli and Shankar Specialty hospital Basaveshwar Nagar. But, in the present case, the prosecution has not cited the doctors of Axis hospital, Amruthahalli and Shankar Specialty hospital, Basaveshwar Nagar as witnesses, who treated the PW.1 at the initial stage.
21. Ex.P.4 is the wound certificate issued by GM hospital. As per Ex.P.4, the PW.1 had been to GM hospital, Nagarbhavi, Basaveshwar Nagar on 23.11.2022 with the history of assault by his nephew on 16.11.2022 in between 9 p.m., to 10 p.m. In Ex.P.4 15 C.C.No.39399/2022 at para No.3 there is a reference stating that, " Patient came to our hospital on 23.11.2022 for surgical intervention. Initially he gave history of skid and fall from two wheeler, but later said history of alleged assault." In order to confirm the history of assault, the PW.6 being the IO ought to have collected medical records from Axis hospital, Amruthahalli and Shankar Specialty hospital Basaveshwar Nagar. But, he did not make such an effort.
22. As stated in Ex.P.4, if the PW.1 had taken treatment from the hospital with the history of assault, why he told the doctors at the initial stage that, he sustained injuries due to the skid of his two wheeler and fall from it. As per Ex.P.4, the PW.1 sustained injury to his left ring finger. The doctor noticed tenderness and restricted range of movements at his left ring finger. X-ray was taken at Amurth Diagnostics centre on 17.11.2022, which showed fracture at base of proximal phalanx of left ring finger. But, that X- ray is not produced before the Court.
16 C.C.No.39399/2022
23. The PW.4 is the author of Ex.P.4 wound certificate. During the course of cross examination, the PW.4 stated that Dr.Shankar has operated PW.1 for the injuries sustained to his left ring finger. He admits that, the history of injury was mentioned as fall from the two wheeler, when he had taken treatment from Dr.Shankar. The PW.1 did not assign reasons properly as to why, he informed the history of injury as fall from motorcycle, when he took initial treatment from the doctor.
24. The PW.2 is none other than the wife of PW.1. The PW.2 admits that, the accused No.1 and 2 and her father-in-law have filed civil suit against her husband and that suit was filed alleging that her husband created the gift deed by cheating her father-in- law. In order to confirm the civil dispute between the parties, the IO ought to have collected documents of civil suit. But, he did not collect those documents.
25. As per Ex.P.2, the alleged spot of incident is bounded on the East by 5th cross of Jakkur Layout, West by residential house of 17 C.C.No.39399/2022 Vijayalakshmi, North by the house of Krisnamurthy and South by the first main road of Jakkur Layout. It means that, the alleged spot of incident is surrounded by residential houses. According to PW.1, the public, who witnessed the incident had informed Hoysala police by making phone call. Inspite of it, the investigation officer has not enquired with the neighboring residents regarding the alleged incident. He ought to have enquired with neighboring residents, recorded their statements and cited them as prosecution witnesses. But, the IO did not do so.
26. The PW.4 being the treated doctor did not say that, the injured had taken treatment from Axis hospital at the initial stage, prior to taking treatment from Dr.Shankar's hospital. In the present case no independent witnesses have appeared before the Court to say that, they have seen the accused quarreling with PW.1 and 2, assaulting them, abusing them and threatening them. 18 C.C.No.39399/2022
27. The PW.3 stated that, the police have drawn Ex.P.2 mahazer in the house of PW.1 on 22.11.2022 at 2p.m to 2.45p.m. The PW.5 stated that, the police have drawn Ex.P.2 mahazer on 16.11.2022 at 5p.m. As per the endorsement made in Ex.P.1, the PW.1 gave complaint to the police on 22.11.2022 at 6.15p.m. As per Ex.P.2, that mahazer was drawn on 22.11.2022 at 2p.m to 2.45 p.m. The PW.6 stated that, he has drawn Ex.P.2 mahazer on 23.11.2022. But, the PW.3 and 5 did not say that, Ex.P.2 mahazer was drawn on 23.11.2022. As per FIR, the case was registered on 22.11.2022 at 6.15p.m. It means that, Ex.P.2 mahazer was drawn much prior to the registration of the case. This creates doubt in the mind of the court regarding genuineness of this case.
28. In the present case, the PW.1 and 2 being the spouses have deposed about the alleged incident. Their version is not corroborated by the oral evidence of any independent witnesses. There is a delay of 6 days in lodging complaint. The same has not been explained by the PW.1 properly. The PW.1 mentioned two 19 C.C.No.39399/2022 contrary histories about the injuries, while taking treatment from the doctors, which creates doubt about the genuineness of this case. The IO neither enquired with the neighboring persons nor recorded their statements not cited them as witnesses. In the absence of oral evidence of independent witnesses, the evidence of PW.1 and 2 cannot be considered as gospel truth.
29. The evidence led by PW.1 to 6 is not helpful to the case of the prosecution to hold the accused guilty of the offences. In such circumstances, the prosecution has utterly failed to prove that, the accused in furtherance of common intention wrongfully restrained PW.1 on 16.112022 at 9p.m., near his house, which is situated at # 241, 5th A cross, Jakkur Layout, Amruthahalli, abused PW.1 and 2 in a filthy language, the accused No.3 fractured the left ring finger of PW.1 by twisting it, the accused No.4 dragged him by holding his collar, beaten him with hands, caused hurt and the accused No.3 and 4 threatened PW.1 with 20 C.C.No.39399/2022 dire consequences. In such circumstances, I answer Point No.1 to 5 in Negative.
Point No.6: For the aforesaid reasons I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 to 4 are acquitted from the charges of Sec. 341, 323, 325, 504, 506 R/w 34 of IPC.
The bail bonds executed by the accused No.1 to 4 stands cancelled.
The bonds executed by the accused No.1 to 4 U/Sec.437[A] of Cr.P.C., will be in force till the completion of the appeal period.
TATTANDA Digitally signed by TATTANDA
DAMAYANTI SOMAIAH
DAMAYANTI Date: 2024.08.21 17:55:24
SOMAIAH +0530
21.08.2024 [TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M., BENGALURU
21 C.C.No.39399/2022
ANNEXURE
LIST OF WITNESSES EXAMINED FOR PROSECUTION:
PW.1 : Govindaraju PW.2 : Varalakshmi PW.3 : Venkatappa PW.4 : Dr.Kiran M.S., PW.5 : Somaraj PW.6 : Sunil Kumar.K.B.,
LIST OF DOCUMENTS MARKED FOR PROSECUTION:
Ex.P.1 : Complaint Ex.P.1[a] : Signature of PW.1 Ex.P.2 : Spot Mahazar Ex.P.2[a] : Signature of PW.1 Ex.P.2[b] : Signature of PW.3 Ex.P.2[c] : Signature of PW.5 Ex.P.2[d] : Signature of PW.6 Ex.P.3 : Police notice Ex.P.3[a] : Signature of PW.3 Ex.P.3[b] : Signature of PW.6 Ex.P.4 : Wound Certificate Ex.P.4[a] : Signature of PW.4 Ex.P.4[b] : Signature of PW.6 LIST OF M.O's MARKED FOR THE PROSECUTION :
NIL LIST OF WITNESSES EXAMINED FOR THE ACCUSED : NIL 22 C.C.No.39399/2022 LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL ....................................................................................
Dictated on : 19.08.2024
Transcribed on : 20.08.2024
checked on : 21.08.2024
Signed on : 21.08.2024
[TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M., BENGALURU
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