Bangalore District Court
Has Filed A Complaint Against The ... vs Nos.1 To 4 For The Offences Punishable ... on 11 April, 2018
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 11th day of April 2018.
Present: Shri V.Jagadeesh, B.Sc., LL.B.
I Addl. C.M.M BENGALURU.
JUDGMENT U/s.355 Cr.P.C.,
Case No. : C.C.No.18554/2017
Date of Offence : 5-5-2017
Name of complainant : State by Gangammagudi Police
Station, Bengaluru.
Name of accused : 1.Sharathbabu @ Babu
s/o Lasarreddy,
aged 27 years,
r/o behind Madavara Chairman's
house, Madavara, Tumkur road,
Bengaluru,
2.Smt.Sathya w/o Kiran,
aged 23 years,
3. Charls s/o Krishnappa,
aged 45 years,
4. Nirmala w/o C.Charls,
aged 43 years,
accused Nos.2 to 4 are /o No.6,
13th cross, near Srirama temple,
Kammagondanahalli,
Jalahalli West, Bengaluru 15.
Offences complained off: U/s.323, 354, 504 and 506
r/w Section 34 of IPC.
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Plea of Accused : Pleaded not guilty
Final Order : As per final order
Date of Order : 11-4-2018
JUDGMENT
The Sub-Inspector of Police, Gangammagudi Police Station, Bengaluru has filed the charge sheet against the accused Nos.1 to 4 for the offences punishable under Sections 323, 354, 504 and 506 r/w Section 34 of IPC.
2. It is the case of the prosecution that, on 5-5-2017 at about 10-30 p.m. near Sai Clinic, Kala road, Kammagondanahalli, the accused Nos.1 to 4 with common intention picked up quarrel with C.W.1 and abused her in filthy language and assaulted on her chest with hands and torn her cloth and also threatened her with dire consequences of life. Under such circumstances, the complainant has filed a complaint against the accused Nos.1 to 4 before the jurisdictional police. Accordingly, the Gangammagudi police have registered a case against the accused Nos.1 to 4 for the offences punishable under 3 C.C.No.18554/2017 Sections 323, 354, 504 and 506 r/w Section 34 of I.P.C. in Crime No.74/2017. After completion of investigation, the Investigating Officer has filed the charge sheet against the accused Nos.1 to 4 for the aforesaid offences.
3. After appearance of the accused Nos.1 to 4, necessary documents as relied by the prosecution are furnished to the accused Nos.1 to 4 as provided under Section 207 of Cr.P.C. Charge has been framed and same is read over and explained to the accused Nos.1 to 4. The accused Nos.1 to 4 pleaded not guilty and claims to be tried. Therefore, the case was posted for prosecution evidence.
4. C.Ws.1 to 7 have been cited as charge sheet witnesses. In order to prove the guilt of the accused Nos.1 to 4, during the course of trial, C.W.1 is examined as P.W.1 and got marked Exs.P1 and P2. Since P.W.1 has turned hostile and not supported the case of the prosecution, examination of other charge sheet witnesses does not serve the purpose. Therefore, C.Ws.2 to 7 are dropped.
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5. After completion of prosecution evidence, there is no incriminating material evidence found on record against the accused Nos.1 to 4. Therefore, recording of statement of accused Nos.1 to 4 under Section 313 of Cr.P.C. was dispensed with. Similarly, the accused persons have not adduced any defence evidence on their behalf. Therefore, there is no defence evidence on behalf of the accused persons.
6. Heard the arguments of learned Senior A.P.P. and counsel appearing for accused. The points that would arise for my consideration are as under:
1. Whether the prosecution proves beyond all reasonable doubt that, the accused Nos.1 to 4 have committed the offences punishable under Sections 323, 354, 504 and 506 r/w Section 34 of I.P.C.?
2. What Order ?
7. My answer to the above points are as under:
Point No.1: In the Negative. Point No.2: As per final order, for the following: 5 C.C.No.18554/2017
REASONS
8. Point No.1:- The contention of the prosecution is that on 5-5-2017 at about 10-30 p.m. near Sai Clinic, Kala road, Kammagondanahalli, the accused Nos.1 to 4 with common intention picked up quarrel with C.W.1 and abused her in filthy language and assaulted on her chest with hands and torn her cloth and also threatened her with dire consequences of life and thereby the accused Nos.1 to 4 have committed the offences punishable under Sections 323, 354, 504 and 506 r/w Section 34 of IPC.
9. In order to prove the guilt of the accused Nos.1 to 4 for the offences punishable under Sections 323, 354, 504 and 506 of IPC, the complainant/C.W.1 is examined herself as P.W.1 and got marked Exs.P1 and P2. In the course of chief-examination, P.W.1 has deposed that accused No.2 is her daughter-in-law, accused No.1 is the brother-in-law of accused No.2 and accused Nos.3 and 4 are the parents of accused No.2. It is further deposed by P.W.1 that there was no quarrel between her and accused persons and due to 6 C.C.No.18554/2017 wrong presumption, she has filed the complaint against the accused. The complaint and mahazar are marked as Exs.P1 and P2. Since P.W.1 being the complainant has not supported the case of the prosecution, she was treated as hostile witness and cross-examined by the learned Senior A.P.P. with the permission of the court, but in the course of cross-examination, nothing has been elicited to prove the guilt of the accused Nos. 1 to 4 for the offences punishable under Sections 323, 354, 504 and 506 r/w Section 34 of IPC beyond all reasonable doubt. Since the complainant has tuned hostile and not supported the case of the prosecution, examination of other prosecution witnesses are dropped. Therefore, the prosecution has miserably failed to prove the guilt of the accused Nos.1 to 4 for the offences punishable under Sections 323, 354, 504 and 506 r/w Section 34 of IPC beyond all reasonable doubt. Hence, I am of the opinion that the accused Nos.1 to 4 are entitled for acquittal for the alleged offences. Accordingly, I answer point No.1 in the negative.
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10. Point No.2:- In view of my answer on the point No.1, I proceed to pass the following:
ORDER The accused Nos.1 to 4 are not found guilty for the offences punishable under Sections 323, 354, 504 and 506 r/w Section 34 of IPC. Therefore, they are acquitted for the said offences under Section 248(1) Cr.P.C.
The bail bonds executed by the accused Nos.1 to 4 and their surety stands cancelled. (Dictated to the stenographer directly on computer, typed by her revised and then corrected by me and then pronounced in open court on this the 11th day of April 2018).
(V.Jagadeesh) I Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined on behalf of prosecution:-
P.W.1, Smt.Rajeshwari;
List of documents marked on behalf of prosecution:-
Ex.P1, Complaint,
Ex.P1(a), Signature of P.W.1,
Ex.P2, Spot mahazar,
Ex.P2(a), Signature of P.W.1;
8 C.C.No.18554/2017
Material Objects Produced:- NIL
Witnesses examined on behalf of the defence, documents marked:- NIL.
(V.Jagadeesh) I Addl. CMM., Bengaluru.9 C.C.No.18554/2017
11/4/2018 State by Sr.APP Accused Nos.1 to 4 C/B For Judgment (Judgment pronounced in the Open Court) ORDER The accused Nos.1 to 4 are not found guilty for the offences punishable under Sections 323, 354, 504 and 506 r/w Section 34 of IPC. Therefore, they are acquitted for the said offences under Section 248(1) Cr.P.C.
The bail bonds executed by the accused Nos.1 to 4 and their surety stands cancelled.
I ACMM, Bengaluru.10 C.C.No.18554/2017
11 C.C.No.18554/2017