Bangalore District Court
In Her Evidence She Has Deposed That She ... vs And Further Stated on 5 October, 2019
IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.
Dated this the 5th Day of October 2019
Present: Sri.M.Mahesh Babu, B.A., LL.M.
VIII ADDL.C.M.M., BENGALURU.
C.C. NO.42295/2010
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 42295/2010
2. The date of commission 01/06/2009
of the offence
3. Name of the complainant State by Chandralayout P.S.
4. Name of the accused 1. Pandit Deepak Kumar
aged about 24 years, ra/t
No.13, 10th Cross, Pillappa
Garden, Mohankumar Nagara,
Yashwanthpura, Bangalore.
2. Shankaraiah @ Shivananda
s/o Rajappa, aged 59 years,
r/at No.25, 10th Cross,
Akkappa Garden,
Mohankumar Nagara,
Yashwanthpura, Bangalore.
(Split up)
3. Bheemappa @ Kumara s/o
Govindappa, aged 39 years,
r/at No.57, 3d Cross,
Akkappa Garden,
2 C.C.No.42295/2010
Mohankumar Nagara,
Yashwanthpura, Bangalore.
5. The offence complained of U/s. 420, 274, 275, 276 r/w
or proved 34 of IPC
6. Plea of the accused and Pleaded not guilty
his/her examination
7. Final Order Acting U/sec.248(1) Cr.P.C.
accused 1 and 3 are acquitted
8. Date of such order 05102019
For the following:
JUDGMENT
This is a charge sheet submitted by Police Inspector of Chandralayout PS against the accused 1 to 3 for an offence Punishable U/s. 420, 274, 275, 276 r/w 34 of IPC.
2. The case of the prosecution in brief is as under:
On 01062009 at about 11.00 a.m., at 14 th main Road, No.706, the CW1 was proceeding at the above said address the accused 3 spoke to CW1 and introduce himself as Kumar and told that my mother was also had the leg pain but after the treatment of Ayurvedic she has not having 3 C.C.No.42295/2010 pain. Therefore, I send my father to your house, he knows the Ayurvedic treatment and took the mobile number of CW1, thereafter on 02062009 accused 2 went to the house of cW1 at No.43, 3rd main road, Jyotinagara, Nagarabhavi 1st stage, Bangalore - 72 and told that my wife has also the pain in leg, after the treatment she completely cured and I will give you the medicine, to prepare the medicine the materials i.e., churna and basma will available at Shivashakti Ayurvedic Medical Store, No.32, 10 th Cross, Sampige Road, Malleshwaram ad take CW1 to the above said address and gave CW1 medicine worth of Rs.30,000/ which are duplicate medicines and took the chq bearing No.239060 of State Bank of India and cheated CW1 and accused 1 to 3 have adulterated a drug so as to minimise the efficacy to make it noxious intending that it shall be sold any medical purposes as it was not adulterated and knowing the drug have been adulterated so as to minimise its efficacy or change its operation and sold the same and knowingly 4 C.C.No.42295/2010 sold and medicinal purposes the drug as different drug and thereby the accused 1 to 3 have committed the offence.
3. Accused 1 and 3 were on bail. Accused 2 split up. Substance of accusation was read over to the accused 1 and 3 for the offence punishable U/s. 420, 274, 275, 276 r/w 34 of IPC. The accused 1 and 3 have pleaded not guilty and claimed to be tried.
4. In order to substantiate the allegation, prosecution has examined PW.1 and got marked the documents as Ex.P1 and P2. Since there are no incriminating evidence against the accused 1 and 3 as such recording of 313 Cr.P.C., is dispensed.
5. Heard the arguments.
6. The point that would arise for my consideration in this case are as under:
1. Whether the prosecution has proved beyond all reasonable doubt that on 01062009 at about 11.00 a.m., at 14 th Main Road, No.706, 5 C.C.No.42295/2010 within the jurisdiction of Chandralayout PS, the CW1 was proceeding at the above said address the accused 3 spoke to Cw1 and introduce himself as Kumar and told that my mother was also have the leg pain but after treatment of Ayurvedic she has not having pain. Therefore, I send my father to your house, he knows the Ayurvedic treatment and took the mobile number of Cw1, thereafter on 02062009 accused 2 went to the house of CW1 at No.43, 3rd Main Road, Jyotinagara, Nagarabhavi 1st Stage, Bangalore - 72 and told that my wife has also the pain in leg, after the treatment she completely cured and I will give you the medicine, to prepare the medicine the materials i.e., choorna and basma will available at Shivashakti Ayurvedic Medical Store No.32, 10th Cross, Sampige Road, Malleshwaram and take CW1 to the above said 6 C.C.No.42295/2010 address and gave CW1 medicine worth of Rs.30,000/ which are duplicate medicines and took the cheque No.239060, State Bankk of India and cheat CW1 and thereby you have committed offence punishable u/s 420 r/w 34 of IPC?
2. On the above said date, time and place the accused 1 to 3 in furtherance of common intention to commit an offence the accused 1 to 3 have adulterated a drug so as to minimise the efficacy to make it noxious intending that it shall be sold any medical purposes as it was not adulterated and thereby you have committed offence punishable u/s 274 r/w 34 of IPC?
3. On the above said date, time and place the accused 1 to 3 in furtherance of common intention to commit an offence the accused 1 to 3 have knowing the drug have been 7 C.C.No.42295/2010 adulterated so as to minimise its efficacy or change its operation and sold he same and thereby you have committed offence punishable u/s 275 r/w 34 of IPC?
4. On the above said date, time and place the accused 1 to 3 in furtherance of common intention to commit an offence the accused 1 to 3 have knowingly sold and medicinal purposes the drug as different drug and thereby you have committed offence punishable u/s 276 r/w 34 of IPC?
5. What order?
7. My findings on the above points are 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.
8 C.C.No.42295/2010
Point No.5 : As per final order,
for the following:
REASONS
8. Point No.1 to 4: In order to avoid the repetition of facts taken together for common discussion. In order to bring home the guilt of the accused 1 and 3 the prosecution has examined one witness i.e., PW1. PW.1, who being the complainant in her evidence she has deposed that she has not lodged complaint against the accused and further stated that she does not know the contents of complaint and mahazar marked as per Ex.P1 and P2.
9. Except the evidence of PW.1, no other evidence is available on record to establish the guilt of accused 1 and 3. It is to be noted that, even after issuance of summons, warrants and proclamation CW2 to 17 were dropped as not secured by the prosecution as such their evidence came to be dropped as not secured. The prayer of Sr. APP for issuance of summons to other witnesses is rejected as no 9 C.C.No.42295/2010 purpose will be served in view of evidence of P.W.1. Accordingly, I answer point no.1 to 4 in the negative.
10. Point No.5: In the result, I proceed to pass the following:
ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 and 3 are hereby acquitted of the offences punishable u/s 420, 274, 275 and 276 r/w 34 of IPC.
Bail bonds of accused 1 and 3 and their surety bond stands cancelled.
(Dictated to the stenographer directly on the computer, verified and corrected by me, then the judgment pronounced by me in the open court, on this 5 th day of October 2019.) (M.Mahesh Babu) VIII Addl. CMM, Bangalore.
10 C.C.No.42295/2010ANNEXURE
1. Witnesses examined for the prosecution :
P.W.1 : Lakshmi
2. Documents marked on behalf of the prosecution:
Ex.P.1 : Complaint Ex.P.1(a) : Signature of P.W.1 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1
3. Witnesses examined for the defence:
NIL
4. Documents marked on behalf of the defence:
NIL VIII Addl. C. M. M. Bangalore.11 C.C.No.42295/2010
Judgment pronounced in the open court (vide separate order) ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 and 3 hereby acquitted of the offences punishable u/s 420, 274, 275 and 276 r/w 34 of IPC.
Bail bonds of accused 1 and 3 and their surety bond stands cancelled.
VIII Addl. C. M. M. Bangalore.