Bangalore District Court
State By Yelahanka Police Station vs No. : 1. Maruthi Charan Naidu on 25 September, 2018
IN THE COURT OF THE 44TH ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 25th day of SEPTEMBER 2018
:Present:
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.7129/2018
Complainant : State by Yelahanka Police station
(By Sr. Asst. Public Prosecutor)
-V/s-
Accused No. : 1. Maruthi Charan Naidu,
S/o Srinivas Naidu,
Aged about 21 years,
R/at No.1427/01, Shakunthala Nivas,
2nd Cross, Jubliee School, Vijanapura,
Ramamurthy Nagar, Bengaluru.
2. Rakshith Gowda,
S/o Chandregowda,
Aged about 21 years,
R/at No.172, 25th Main,
23rd 'A' Cross, Judicial Layout,
Yelahanka, Bengaluru.
3. Sachin Kumar,
S/o Mallappa,
Aged about 21 years,
C/o Nitte Meenakshi Hostel,
Yelahanka, Bengaluru.
2 C.C. No. 7129/2018
Native of:-
No.12-6-257/41/B,
Near Ganesh Temple,
LBS Nagar, Raichur.
(By Smt. Vidyavathi, advocate )
JUDGMENT
The PSI of Yelahanka Police Station has filed charge sheet against the accused No.1 to 3 for the offences punishable U/s.341, 324, 504, 506 r/w 34 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, when C.W. 1 Sri. Mohammed Tahib was pursuing his last year engineering at Nitte Meenakshi College, situated near Gangiganahalli, there was a quarrel in connection with college project work between C.W. 1 and accused No.1, as such, there was enmity between them. On 20/07/2017 at about 5 p.m. in the evening, when C.W. 1 Sri. Mohammed Tahib was proceeding towards his home, in front of shop of C.W. 4 Sri. Shivakumar, besides Century Layout gate, Bagaluru Cross, within the limits of Yelahanka police station, accused No.1 along with accused No.2 and 3, in furtherance of common intention, wrongfully restrained C.W. 1 from proceeding further, picked up quarrel with him, abused him in filthy language, accused No.2 and 3 caught hold C.W. 1, accused No.1 assaulted on the body of C.W. 1 with a stone and a finger ring, caused 3 C.C. No. 7129/2018 grievous bleeding injuries by posing life threat to C. W. 1 and thereby committed aforesaid offences Therefore, C.W.1 Sri. Mohammed Tahib has lodged complaint before the jurisdictional police. As such, this case came to be registered against the accused persons. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, seized one fist sized stone and subjected the same under P.F. No. 66/2017, recorded the statement of witnesses, obtained wound certificate from the concerned authority and after completion of investigation filed charge sheet against the accused persons for the aforesaid offences.
3. The accused No.1 to 3 are on bail and they are represented through their counsel.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C. The cognizance of the offences punishable U/sec. 341, 324, 504, 506 r/w 34 of IPC of IPC has been taken as per Sec.190 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused persons in the language known to them, they pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case. 4 C.C. No. 7129/2018
6. The prosecution, in order to prove its case has examined the C.W. 1 of this case as P.W. 1 and got marked two documents at Ex.P1 and P.2. At this stage, it is brought to court notice that the complainant being friend of accused persons have compromised the matter among themselves, as such, complainant is not intending to prosecute this case. Therefore, in order to promote harmonious relationship among themselves evidence of other witnesses has been dropped as not required by rejecting the prayer of learned A.P.P. As there is no incriminating evidence against the accused persons, recording of accused statement U/s.313 of Cr.P.C has been dispensed with. Hence, the case is posted for arguments.
7. Heard both the side and perused the material evidence on record.
8. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, when C.W. 1 Sri. Mohammed Tahib was pursuing his last year engineering at Nitte Meenakshi College, situated near Gangiganahalli, there was a quarrel in connection with college project work between C.W. 1 and accused No.1, as such, there was enmity between them. On 20/07/2017 at about 5 p.m. in the evening, when C.W. 1 Sri. Mohammed Tahib was proceeding towards his home, in front of shop of C.W. 4 Sri. Shivakumar, besides Century Layout gate, Bagaluru Cross, within the limtis of Yelahanka police station, 5 C.C. No. 7129/2018 accused No.1 along with accused No.2 and 3, in furtherance of common intention, wrongfully restrained C.W. 1 from proceeding further and thereby committed an offence punishable under Section 341 r/w 34 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common intention, wrongfully restrained C.W. 1 from proceeding further, picked up quarrel with him, abused him in filthy language and thereby committed an offences punishable U/s.504 r/w 34 of IPC ?
3. Whether the prosecution proves beyond reasonable doubt that, accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of common intention, accused No.2 and 3 caught hold C.W. 1, accused No.1 assaulted on the body of C.W. 1 with a stone and a finger ring, caused grievous bleeding injuries and thereby committed an offences punishable U/s.324 r/w 34?
4. Whether the prosecution proves beyond reasonable doubt that, accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of common intention, posed threat to the life of C.W. 1 and thereby committed an offence punishable under Section 506 r/w 34 of IPC ?
5. What Order?6 C.C. No. 7129/2018
9.My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : IN THE NEGATIVE
Point No.5: As per final order for the following REASONS
10.Points No.1 to 4: All these points involve similar set of facts and circumstances, hence, taken up together for common discussion.
11. The prosecution in order to establish its case has cited as many as 09 witnesses and successful in examining only its complainant C.W. 1 as P.W. 1. This case has been registered on the back ground of an assault said to have been caused on the complainant by the accused persons. In this connection the complainant Sri. Mohammed Tahib is examined as P.W.1. During the course of trial, P.W.1 has completely turned hostile, not deposed anything against the accused persons and thereby not supported the case of prosecution. As such, nothing substantial has been elicited in the cross-examination of this witness. Later, it is brought to the court 7 C.C. No. 7129/2018 notice that, complainant being friend of accused persons have compromised the matter among themselves and are living harmoniously in their respective places. Therefore, in order to promote harmonious relationship among the complainant and accused persons, the evidence of other witnesses has been dropped as not required. As a result, the prosecution has failed to prove the charges leveled against the accused persons with cogent, convincing and corroborative evidence. Therefore, above points No.1 to 4 are answered in the Negative.
12.Point No.5: In view of the negative findings on the above points No.1 to 4, I proceed to pass the following ORDER Acting U/s.248(1) of Cr.P.C., the accused No.1 to 3 are found not guilty and acquitted of the offences punishable U/s. 341, 324, 504, 506 r/w 34 of IPC.
The bail & bail bond of the accused and sureties shall stands cancelled.
8 C.C. No. 7129/2018
One fist sized stone seized and subjected under P.F. No.66/2017, being worthless is ordered to be destroyed after the expiry of appeal period.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 25th day of September 2018).
(Mala N.D) XLIV Addl.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1: Mohammed Thaib Khadeer Khurashi
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint Ex.P.1(a) : Signature of PW-1 Ex.P. 2 : Mahazar Ex.P.2(a) : Signature of P.W. 1
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.
9 C.C. No. 7129/2018Judgment pronounced in Open Court vide separate:-
ORDER Acting U/s.248(1) of Cr.P.C., the accused No.1 to 3 are found not guilty and acquitted of the offences punishable U/s. 341, 324, 504, 506 r/w 34 of IPC.
The bail & bail bond of the accused
and sureties shall stands cancelled.
One fist sized stone seized and
subjected under P.F. No.66/2017, being
worthless is ordered to be destroyed after
the expiry of appeal period.
(Mala N.D)
XLIV Addl.C.M.M., B'lore.
10 C.C. No. 7129/2018