Bangalore District Court
Boojamma K B vs Mahesh Kumar on 20 February, 2024
1
KABC030149542020
IN THE COURT OF XXXIX ADDL.C.M.M.,
BENGALURU
PRESENT : Sri. Vijeth. V., B.A.L., LL.B.,
39th A.C.M.M., Bengaluru.
CRIMINAL CASE NO: 3931/2020
DATED THIS THE 20TH DAY OF FEBRUARY 2024
BETWEEN :
COMPLAINANT : The State by,
Srirampura Police Station
(By learned APP)
ACCUSED : 1. Mahesh Kumar,
S/o Late Channappa,
Aged about 38 years,
R/at No-116, 6th Main,
Malagalla Main, 2nd Stage,
8th Block, Nagarabhavi,
Bangalore.
2. Suresh Kumar .C,
S/o Late Channappa,
Aged about 50 years,
R/at No-215, 5th Cross,
Mahalakshmi Layout,
Bangalore.
3. Neethu,
W/o Mahesh Kumar,
Aged about 32 years,
R/at No-116, 6th Main,
Malagalla Main, 2nd Stage,
8th Block, Nagarabhavi,
Bangalore.
2 C.C.3931/2020
4. Smt. Hema,
W/o Suresh Kumar,
Aged about 47 years,
R/at No-215, 5th Cross,
Mahalakshmi Layout,
Bangalore.
[Rep. by Sri. K. Srinivas and Associates
Advt.]
1. Date of offence : 09.09.2019
2. Date of report : 10.09.2019
3. Name of the complainant : Smt. Bhojamma
4. Date of recording evidence : 16.02.2024
5. Date of closure of evidence : 16.02.2024
6. Offences alleged : U/Sec.504, 354, 323,
325, 506 r/w Sec.34 of
IPC.
7. Opinion of the judge : Acquittal
(Vijeth .V)
XXXIX ACMM, Bengaluru.
: JUDGMENT :
The PSI, Srirampura Police Station has submitted the present charge sheet against the accused No.1 to 4 for the offences punishable U/Sec.504, 354, 323, 325, 506 r/w Sec.34 of IPC.
3 C.C.3931/2020
2. The brief facts of the prosecution case is as follows:
That on 09.09.2019 at 10.30 am the accused No.1 to 4 entered the Laxmi Finance Office situated in 3 rd Main Devaiah Park Nagappa Block, Srirampura and abused Cw1 and 2 with filthy language by stating that why they have opened the office, the accused No.1 dragged the saree and plait of Cw1 and outraged her modesty, assaulted on her left ear and head with wrist and caused grievous injuries, accused No.3 and 4 assaulted Cw1 with hands on her head, when Cw1 fell down and when Cw2 came to rescue of Cw1, the accused No.1 and 2 assaulted Cw2 with hands and caused grievous injuries and also the accused persons have threatened Cw1 and Cw2 to do away their lives. As such Cw1 lodged a complaint as per Ex.P.1.
3. A Case is registered in SrirampuraPolice Station as Crime No.134/2019 for the offences punishable under Section 506, 323, 504, 354, 448 r/w Sec.34 of IPC. After completion of investigation charge sheet has been filed against the accused No.1 to 4 for the offences punishable U/Sec.504, 354, 323, 325, 506 r/w Sec.34 of IPC and this court has taken cognizance for the above said offences.
4 C.C.3931/2020
4. The accused No.1 to 4 appeared through their counsel and they have been enlarged on bail. Prosecution papers were furnished to accused No.1 to 4 as required under Section 207 of Criminal Procedure Code. Charge has been recorded, read over and explained the contents to accused No.1 to 4 in the language known to them, wherein the accused No.1 to 4 pleaded not guilty and claims to be tried.
5. In order to prove the case of the prosecution, it has examined two witnesses as PW-1 and PW-2 and got marked Ex.P-1 and Ex.P-2 documents. After completion of prosecution evidence, statement of accused No.1 to 4 persons as required under section 313 of Criminal Procedure Code is dispensed as no incriminating evidence appeared against accused No.1 to 4.
6. Heard arguments and perused the material on record.
7. The following points that arise for my consideration;
1. Whether the prosecution proves beyond all reasonable doubts that on 09.09.2019 at 10.30 am the accused No.1 to 4 entered the Laxmi Finance Office situated in 3 rd Main Devaiah Park Nagappa Block, Srirampura and abused Cw1 and 2 with filthy language by stating that why they have opened the 5 C.C.3931/2020 office, the accused No.1 dragged the saree and plait of Cw1 and outraged her modesty, assaulted on her left ear and head with wrist and caused grievous injuries, accused No.3 and 4 assaulted Cw1 with hands on her head, when Cw1 fell down and when Cw2 came to rescue of Cw1, the accused No.1 and 2 assaulted Cw2 with hands and caused grievous injuries and also the accused persons have threatened Cw1 and Cw2 to do away their lives, as such the accused No.1 to 4 have committed offences punishable under Section 504, 354, 323, 325, 506 r/w Sec.34 of IPC?
2. What order?
8. My answer to the above points are as follows:
Point No.1 : In the Negative, Point No.2 : As per the final Order.
For the following, REASONS
9. Point No.1 : It is the case of the prosecution that, on 09.09.2019 at 10.30 am the accused No.1 to 4 entered the Laxmi Finance Office situated in 3rd Main Devaiah Park Nagappa Block, Srirampura and abused Cw1 and 2 with filthy language by stating that why they have opened the office, the accused No.1 dragged the saree and plait of Cw1 and outraged her 6 C.C.3931/2020 modesty, assaulted on her left ear and head with wrist and caused grievous injuries, accused No.3 and 4 assaulted Cw1 with hands on her head, when Cw1 fell down and when Cw2 came to rescue of Cw1, the accused No.1 and 2 assaulted Cw2 with hands and caused grievous injuries and also the accused persons have threatened Cw1 and Cw2 to do away their lives.
10. According to the prosecution PW-1 is complainant / victim. Cw2 is the injured eye witness.
11. The prosecution has produced and got marked Ex.P.1 complaint, Ex.P.2. spot panchanama, Ex.P.3 statement of Pw2.
12. In support of the case of prosecution, it has examined CW-1 / Smt. Bhojamma examined as PW-1, who deposed before the court that she knows the accused persons. As there was a oral quarrel took place between herself and accused No.1 to 4 about four years back, as such she has lodged complaint as per Ex.P.1 due to anger. The accused No.1 to 4 have not abused her nor Cw2 with filthy language the accused persons have not assaulted herself nor Cw2, the accused persons have not outraged her modesty nor threatened to do away their lives. She do not know the contents of complaint marked at Ex.P.1. She put her signature to a panchanama in Srirampura P.S. at the request of police marked 7 C.C.3931/2020 at Ex.P.2. No panchanama was conducted in her presence. She do not know the contents of panchanama.
Even though the PW-1 is treated as hostile and permitted the prosecution to cross examine the witness, nothing worth has been elicited from the mouth of said witness.
13. CW-2 / Rajesh Kumar examined as PW-2, who deposed before the court that he knows the accused persons. As there was a oral quarrel took place betweenCw1 and accused persons about four years back, as such Cw1 has lodged complaint due to anger. The accused No.1 to 4 have not abused Cw1 nor him with filthy language the accused persons have not assaulted himself nor Cw1, the accused persons have not outraged modesty of Cw1 nor threatened to do away their lives. He has not given any statement to the police.
Even though the PW-2 is treated as hostile and permitted the prosecution to cross examine the witness, nothing worth has been elicited from the mouth of said witness.
14. The prosecution has examined 02 witnesses out of its list of 09 witnesses. As the complainant / vicitim and injured eye witness turned hostile as such remaining witnesses were dropped. According to prosecution PW-1 is the complainant/ victim deposed before the court that she knows the accused 8 C.C.3931/2020 persons. As there was a oral quarrel took place between herself and accused No.1 to 4 about four years back, as such she has lodged complaint as per Ex.P.1 due to anger. The accused No.1 to 4 have not abused her nor Cw2 with filthy language the accused persons have not assaulted herself nor Cw2, the accused persons have not outraged her modesty nor threatened to do away their lives. She do not know the contents of complaint marked at Ex.P.1. She put her signature to a panchanama in Srirampura P.S. at the request of police marked at Ex.P.2. No panchanama was conducted in her presence. She do not know the contents of panchanama. According to the prosecution Pw2 is a injured eye witness who deposed before the court that he knows the accused persons. As there was a oral quarrel took place betweenCw1 and accused persons about four years back, as such Cw1 has lodged complaint due to anger. The accused No.1 to 4 have not abused Cw1 nor him with filthy language the accused persons have not assualted himself nor Cw1, the accused persons have not outraged modesty of Cw1 nor threatened to do away their lives. He has not given any statement to the police. Even though the witnesses PW-1 and PW-2 were treated as hostile and permitted the prosecution to cross examine the witnesses nothing worth 9 C.C.3931/2020 has been elicited. As the material witnesses have not whispered a single word against the accused No.1 to 4, as such the prosecution failed to prove the guilt of the accused No.1 to 4 beyond all reasonable doubt. Hence, I answer point No.1 in the Negative.
15. Point No.2: In view of my findings on Point No.1 in the Negative, I proceed to pass the following:
:ORDER:
Acting under Section 248(1) of Cr.P.C accused No.1 to 4 are hereby acquitted for the offences punishable under Section 504, 354, 323, 325, 506 r/w Sec.34 of IPC.
Their bails bond and surety bonds stands cancelled.
(Dictated to the Stenographer directly to the computer, typed by her, corrected and then pronounced by me in the open Court on this 20th day of February 2024).
(Vijeth .V) XXXIX ACMM, Bengaluru.
ANNEXURE Number of witnesses examined for Prosecution:
PW-1 : Smt. Bhojamma
PW-2 : Rajesh Kumar
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Number of witnesses examined on behalf of accused:
Nil List of documents exhibited for the Prosecution:
Ex.P.1 : Complaint
Ex.P.2 : Panchanama
For Defence :
Nil
Material objects Marked:
Nil
VIJETH Digitally signed by
VIJETH V
V Date: 2024.02.21
13:30:23 +0530
(Vijeth .V)
XXXIX ACMM, BENGALURU.