Bangalore District Court
State Of Karnataka By vs A1. Hanumantharaju on 3 March, 2015
IN THE COURT OF FAST TRACK - XII, BANGALORE CITY
DATED THIS THE 3rd DAY OF March , 2015
Present: Smt. Usharani, B.A.(Law),LL.B.,
Presiding Officer, F.T.C.-XII, Bangalore.
S.C.No.84/2014
Complainant: State of Karnataka by
Chandra Layout Police,
Bangalore City.
[Represented by Public Prosecutor]
- Versus -
Accused: A1. Hanumantharaju,
Aged about 19 years,
No.235, 11th Cross,
Arundathi Nagar,
Chandralayout, Bangalore.
A2. Givindappa, Aged 45 years,
No.236, 11th Cross,
Arundathi Nagar,
Chandralayout, Bangalore.
A3. Manjunatha @ Manja,
S/o Anjanappa, aged 22 years,
Aged about 35 years,
No.145, 19th A Cross,
Arundathi Nagar,
Chandralayout, Bangalore.
(By Sri.DSM, Advocate)
Date of commission of offence 21.11.2011
2 SC No.84/2014
Name of the Complainant Venkatesh
Date of Arrest of accused A1 and A2 arrested on
person 23.11.2011
Accused No.3 is on anticipatory
bail
Date of release of accused A1 and 2 released on 9.12.2011
persons
Offence charged against the U/s Sec.323, 324, 307 r/w 34
accused of Indian Penal Code.
Date of Commencement of trial 10.07.2014
Date of closure of trial 16.02.2015
Opinion of Court Accused are acquitted
J U D G M E N T
The accused A1 to A3 were charge sheeted by Police Sub Inspector, Chandra Layout Police Station, Bangalore for the offences punishable u/sec. Sec. 323, 324, and 307 r/w 34 of Indian Penal Code.
2. The facts of the case are that:
That on 21.11.2011 at about 8.30 p.m. accused No.1 to 3 with common intention to murder CW.13 went near his house bearing No.335 situated at Arundathinagar, 11th Cross within the limits of Chandralayout police station and when CWs 13, 6 and 7 were talking to each other accused No.3 held CW.13 and accused No.1 assaulted him with knife on his neck but blow fell on the right elbow of CW.13 since he held his hand to protect himself. 3 SC No.84/2014 When CW.6 and 7 went to rescue CW.13 accused No.2 has assaulted CW.7 with club on his right elbow and caused grievous hurt, further he had also assaulted CW.6 with club on his left shoulder , left arm and left knee and has caused hurt to him thereby committed an offence punishable under Sec.323, 324 and 307 of Indian Penal Code.
3. The Police Inspector of Chandra Layout Police Station has filed charge sheet before the VIII ACMM, Bangalore and after taking cognizance of the offence, case was registered in CC No.12027/2013. The copies of prosecution papers were supplied to the accused person as required u/sec. 207 of Code of Criminal Procedure. Thereafter case was committed to court of Sessions on 30.12.2013. The Hon'ble Prl. City Civil and Sessions Judge assigned the case to this court for disposal in accordance with law by giving SC.No:84/2014.
4. After hearing both the sides, Charge was framed against the Accused 1 to 3 for the offences punishable u/sec. Sec. 323, 324, 307 r/w 34 of Indian Penal Code and read over to them, who have pleaded not guilty of the offences and claimed to 4 SC No.84/2014 be tried by this court. Thereafter, case was posted for trial. During the course of trial prosecution has examined PW.1 to PW.7 and got marked Ex.P.1 to P.8. and MOs 1 to 5. Then statements of the accused were recorded u/sec. 313 of Code of Criminal Procedure. The accused have denied all the incriminating evidences produced by the prosecution and have led no defence evidence.
5. Heard the learned public prosecutor and the learned advocate for the accused and the matter was posted for judgment.
6. The following points arise for my consideration:
i. Whether the prosecution proves satisfactorily that on 21.11.2011 at about 8.30 p.m. accused No.1 to 3 with common intention to kill CW.1 went near the House No.335 situated at Arundathi Nagar, 11th Cross, where CW3, 6 and 7 were talking to each other, accused No.3 held CW.13 and accused No.1 assaulted him with knife on his neck but blow fell on the right elbow of CW.13 and caused grievous bleeding injury to him with an intention and under such circumstances that if by that act caused the death of CW.13, accused would have been guilty of murder and caused hurt to CW.13 by the said act 5 SC No.84/2014 and thereby accused No.1 to 3 committed an offence punishable under Sec.307 r/w 34 of Indian Penal Code?
ii. Whether the prosecution proves satisfactorily that on the said date, place and time accused No.2 in furtherance of common intention of accused No.1 to 3 voluntarily assaulted CW7 with club on his right elbow and caused grievous hurt to him and committed an offence punishable under Sec.326 r/w 34 of Indian Penal Code?
iii. Whether the prosecution proves satisfactorily that on the said date, place and time accused 2 in furtherance of common intention of accused No.1 to 3 voluntarily assaulted CW.6 with club on his left shoulder left arm and left knee with club and voluntarily caused hurt to him, and thereby accused No.1 to 3 have committed an offence punishable under Sec.323 r/w 34 of Indian Penal Code?
iv. What order?
7. From the available materials on record my findings to the above points are as follows:
Point No.1 to 3 : In the Negative Point No.4 : As per the final order for the following:6 SC No.84/2014
REASONS
8. Point Nos.1 to 3 : (All the points are taken up together for discussion in order to avoid repetition of facts.) According to prosecution the accused persons with common intention to murder PW.3 went near house bearing No.335 situated at Arundathinagar, 11th Cross and accused No.1 assaulted PW.3 with knife and accused No.2 had also assaulted CW.6 and 7 with club but it is stated in the complaint Ex.P.1 that when PW.3 was near his house at about 8.30 p.m. on 21.11.2011, accused No.1 to 3 went near their house and kicked the dog which was sleeping in front of the house of PW.3 and hence when PW.3 has questioned the same, accused No.2 went to his house took the knife and gave it to accused No.1 who has stabbed him on his right hand and also on his thigh. During which time accused No.2 and 3 held PW.3 to assist accused No.1 to assault him. Thereafter they have also assaulted PW.4 and 5 with club and caused grievous injuries to them.
9. Based on the said complaint IO CW.18 has registered FIR visited the spot prepared seizure mahazar Ex.P.1 and had seized MO.1 and 2 i.e. knife and club used for commission of an 7 SC No.84/2014 alleged offence. Thereafter he has also prepared spot mahazar Ex.P.3 in the presence of Panchas PW.7 and CW.15. Thereafter Investigating Officer has recorded statements of witnesses, obtained wound certificate from the doctor PW.3 and on completion of investigation submitted charge sheet.
10. It is pertinent to note here that in order to hold accused persons guilty of the offence punishable under Sec.307 of Indian Penal Code prosecution has to prove that death of human being is attempted, and such death was attempted to be caused by or in consequence of the act of the accused and that such act was done with the intention of causing death or that it was done with the intention of causing deadly injury to the said person with the knowledge that it is likely to cause death or it is sufficient in the ordinary course of nature to cause death.
11. Further in order to prove that accused is guilty of the offence punishable under Sec.323 of Indian Penal Code Prosecution has to prove that accused persons have voluntarily caused bodily pain with an intention of causing hurt or with the knowledge that he would thereby cause hurt to the victim and in 8 SC No.84/2014 order to prove that accused is guilty of the offence punishable under Sec.326 accused persons must commit an act with the knowledge that there by likely to cause hurt or grievous hurt to the victim, and voluntarily caused grievous hurt and by any instrument of shooting, stabbing or cutting etc.,. .
12. It is important to note here that no where in the complaint Ex.P.2 it is stated that accused persons had also intention to commit murder of PW.3.
13. It is pertinent to note here that injured persons i.e. CWs 13, 6 and 7 were examined as PWs 3, 4 and 5 in this case and in order to corroborate the contents in the complaint Ex.P.2 the PW.3 has deposed before the court that on 21.11.2011 when his dog was sleeping in front of his house at about 8.30 p.m. accused No.1 kicked the dog and hence, PW.5 has questioned the same immediately tussle started between the two at that time accused No.2 and 3 were also present with accused No.1 and they went to house took a knife gave it to accused No.1 who has made an attempt to assault him with knife on his neck but since he held his hand in between blow fell on his hand and he had sustained 9 SC No.84/2014 injury. At that time accused No.2 and 3 held him tightly to help the accused No.1 to stab him. There after accused No.1 to 3 have also assaulted PW.4 and 5 with clubs. Further PW.1 has also identified the said knife and club before the court and hence, they were marked as M.O. 1 and 2. The PW.1 has also deposed regarding showing the place to the police and has also deposed that police has prepared mahazar Ex.P.3 in the presence of CW.15 and pW.7. It is also deposed by PW.3 that he had handed over his clothes M.O. 3 to 5, which were stained with blood but surprisingly in the course of cross-examination PW.3 has denied lodging of complaint and the taking treatment and also about the alleged incident. Further he has also deposed that as tutored by the police, he has given evidence in the course of his chief examination. The learned Public Prosecutor has made sincere efforts to elicit the truth behind the hostile attitude of PW.1 in the course of cross-examination, but nothing has been elicited which would support the case of prosecution. More over PWs 4 and 5 the injured as well as eye witnesses to the incident have also turned hostile by denying the alleged incident. 10 SC No.84/2014
14. It is important to note here that PWs 1 and 2 are the witnesses to seizure mahazar Ex.P.1 and in the Ex.P.1 police have recovered M.O.1 and 2 based on the voluntary statement of accused No.1 and 2, but PWs 1 and 2 have denied the seizure of M.O.1 and 2 in their presence as per mahazar Ex.P.1.
15. Therefore taking in to consideration the afore said facts, the evidence of other prosecution witnesses were dropped on the ground that no purpose would serve if summons issued to other witnesses. Under these circumstances, I opine that prosecution has miserably failed to prove that accused are guilty of the offence punishable under Sec.323 , 326 and 307 r/w 34 of Indian Penal Code and hence, accused are entitled for acquittal. Accordingly, I have answered points No.1 to 3 in the negative.
16. Point No.4:- For the foregoing reasons, I proceed to pass the following:
O R D E R Acting under Section-235(1) of Code of Criminal Procedure, accused No.1 to 3 are acquitted 11 SC No.84/2014 of the offences punishable under Section 323, 326, and 307 r/w 34 Indian Penal Code.
Their bail bond and surety bond stand cancelled.
The MO's No.1 to 5 are ordered to be destroyed after the appeal period.
(Dictated to the Judgment Writer, transcribed by her, script thereof revised, corrected, signed and then pronounced by me in the open Court on this the 3rd day of March, 2015.) (Usharani) Presiding Officer, F.T.C.-XII, Bangalore.
ANNEXURE THE WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION;
PW1 Irshad PW2 Syed Shahabuddin PW3 Venkatesh PW4 Venugopal PW5 Gajendra PW6 Rathnamma PW7 Joseph
THE WITNESSES EXAMINED ON BEHALF OF THE ACCUSED ;
- Nil -
THE DOCUMENTS MARKED FOR PROSECUTION; 12 SC No.84/2014
Ex.P 1 Mahazar
1(a) Signature of PW.1
1(b) Signature of PW.2
Ex.P 2 Complaint
Ex.P 3 Spot Mahazar
Ex.P 4 Further statement
Ex.P 5 Statement of PW.4
Ex.P 6 Statement of PW.5
Ex.P.7 Statement of PW.6
Ex.P.8 Statement of PW.7
THE DOCUMENTS MARKED FOR DEFENCE;
-NIL-
LIST OF M.OS MARKED
MO.1 : Knife
MO.1(a) : Signature of PW.2
MO.2 : Club
MO.2(a) : Signature of PW.2
MO.3 : Pant
MO.4 : Shirt
MO.5 : Banian
(Usharani)
Presiding Officer,
F.T.C.-XII, Bangalore.