Bangalore District Court
State By - K.G.Halli Police Station vs Shekar @ Chakkali S/O. Ramalingam on 14 March, 2017
IN THE COURT OF THE XI A.C.M.M., AT MAYO HALL UNIT.
Mahatma Gandhi Road, Bengaluru City.
Present: Smt. K.S.JYOTHISHREE, B.Com., LL.B.,
XI A.C.M.M., Bengaluru City.
Dated: This the 14th day of March 2017.
C.C.No.53602/2015
COMPLAINANT :: State by - K.G.Halli Police Station
(State represented by Sr.APP)
Vs.
ACCUSED :: Shekar @ Chakkali S/o. Ramalingam,
28 years, Near Corporation Quarters,
Old Bagalur Layout, K.G.Halli,
Bengaluru-84
(Accused represented by Advocate Sri. T.G.Suresh)
*****
1. Date of commission of the offence :: 28-04-2014
2. Date of report of offence :: 29-04-2014
3. Arrest of the accused :
a) Date of arrest of accused :: -
b) Release of accused on bail :: 11-08-2014
4. Name of the Complainant :: BHASKAR
5. Date of recording evidence :: 22-04-2016
6. Date of closing evidence :: 06-10-2016
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C.C.NO.53602/2015
7. Offences complained of :: Ss. 323 & 323,
of IPC.
8. Opinion of the Judge :: Accused found
not guilty.
XI A.C.M.M., Bengaluru.
JUDGEMENT
The PSI, of K.G.Halli Police Station has filed charge sheet against the accused for the offences punishable under Sections 323 & 324 of I.P.C.
2. Brief facts of the prosecution case is as follows; On 28-04-2014 at about 11-30 p.m., near Railway Lane, Ganesha Temple Road, Venkateshapura, the accused started quarrel with CW-1, assaulted with hands and knife and caused hurt. Hence, complainant has filed the above complaint before the jurisdictional police.
3. Accused was enlarged on bail. After filing of the charge sheet against the accused, cognizance of the offences was taken by this Court. Copies of the charge Judgement 3 C.C.NO.53602/2015 sheet and other prosecution papers were furnished to the accused as provided under Section 207 of Cr.P.C.
4. Charges were framed and read over and explained to the accused. The accused pleads not guilty. Hence, case was posted for trial.
5. To bring the guilt of the accused, prosecution got examined CW-1 as PW-1 and marked the documents as Ex.P-1 & 2. Complainant has turned hostile; hence no purpose will be served if remaining witnesses are examined. Hence, the request of the prosecution is rejected and CW-2 to 9 were dropped.
6. No incriminating evidence adduced against the accused. Hence recording of accused statement is dispensed with.
7. Heard arguments.
Judgement 4 C.C.NO.53602/2015
8. After analyzing oral evidence and materials available on records, points for my determination are as follows;
1. Whether the prosecution proves beyond all reasonable doubt that on 28-04-2014 at 11-30 p.m., beside Railway Lane situated near Dobhi Ghat, Near Ganesha Temple, Venkateshapura, the accused assaulted the complainant with hands and caused hurt and thereby committed an offence punishable U/s. 323 of IPC ?
2. Whether the prosecution proves beyond all reasonable doubt that on the above said date, time and place the accused assaulted the complainant with knife and caused hurt and thereby committed an offence punishable U/s. 324 of IPC ?
3. What order ?
9. My answers to the above points are as follows;
Judgement
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C.C.NO.53602/2015
POINT NO-1 & 2 :: In Negative
POINT NO-3 :: As per final order
for the following;
REASONS
10. POINT NO-1 & 2 :: The burden is on the prosecution to prove that the accused was committed the offences punishable U/s. 323 & 324 of IPC.
11. CW-1 has stated that there was no such quarrel with the accused person. But due to heated talk, he had gone to police station and requested police to advise the accused person. He has again deposed that he had not lodged the complaint, but the police obtained his signature on two documents. Ex.P-1 is complaint and Ex.P-2 is mahazar. CW-1 has contended that he does not know the contents of Ex.P-1 and Ex.P-2.
12. Complainant has turned hostile and during the cross-examination by learned Sr.APP, he has categorically stated that the matter was compromised with the Judgement 6 C.C.NO.53602/2015 accused person. It appears that in view of settlement, the complainant is not interested to contest the case.
13. CW-2 to 9 is the remaining witnesses. The complainant has turned hostile. No purpose will be served if the remaining witnesses are examined. Hence, CW-2 to 9 is dropped. The prosecution has failed to produce sufficient evidence before the Court to show that the accused assaulted the complainant with hands & knife and caused hurt. Therefore, benefit of doubt has to be given to the accused. Hence, I answer Point No.1 & 2 in Negative.
14. POINT NO-3 :: In the result, I proceed to pass the following;
ORDER Acting under Section 248(1) of Cr.P.C. accused acquitted for the offence punishable under Sections 323 & 324 of I.P.C. Bail bond and surety bond of accused shall stand cancelled.
Judgement 7 C.C.NO.53602/2015 Property seized under PF No.9A/2014 is worthless. Hence ordered to be destroyed after appeal period is over.
(Dictated to the Stenographer directly on the computer, computerized transcript thereof corrected, signed and then pronounced by me in the open court on this 14th day of March 2017.) (K.S.JYOTHISHREE), XI A.C.M.M., Mayo Hall, Bengaluru.
Judgement 8 C.C.NO.53602/2015 ANNEXURE WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW-1 :: Bhaskar
DOCUMENTS EXHIBITED ON BEHALF OF THE
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 WITNESSES EXAMINED ON BEHALF OF THE ACCUSED:
NIL DOCUMENTS EXHIBITED ON BEHALF OF THE ACCUSED:
NIL LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION:
NIL (K.S.JYOTHISHREE), XI A.C.M.M., Mayo Hall, Bengaluru.
Judgement 9 C.C.NO.53602/2015 Judgement