Bangalore District Court
State By vs Appi @ Ramachandra S/O.Anjinappa on 27 July, 2016
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 27th day of July 2016
PRESENT: Sri.NAGESH MURTHY,
B.A., LL.M.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.23411/2011
Complainant - State by, Police Sub Inspector
M.D.Pura Police Station
/vs/
Accused 1. Appi @ Ramachandra S/o.Anjinappa,
25 yrs. Near Annamma Temple, 4th
Cross, Hoodi, Bengaluru.
2. Rajesh @ Pujari S/o.Balakrishnappa,
21 yrs. Near Muthyalamma Temple,
Hoodi, Bengaluru.
A.3 Shantha Raj - Dead.
JUDGMENT
1. The PSI of M.D.Pura police station have filed this chargesheet against the accused Nos.1 to 3 for the offences punishable u/S. 341, 323, 324, 504 r/w.34 of IPC.
2. It is alleged by the prosecution that the accused Nos.1 to 3 having common intention on 21/6/2011 at 11.30 PM near Hoodi bus stop, Hoodi, Bengaluru, pickedup quarrel with CW.1, without there being any provocation abused him as 'bolimakala' and assaulted him 2 CC No.23411/2011 with hands causing simple hurt to him and with Stone causing simple hurt and when CWs.2 and 3 came to rescue CW.1, A.2 assaulted him with hands and A.3 assaulted CW.3 with hands and punched him and also when CW.4 came to the spot A.1 and A.2 assaulted him also with hands causing simple hurt to him and A.3 assaulted CW.4 with Stone causing simple injuries and thereby committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered against the accused persons in M.D.Pura P.S., Cr.No.291/2011 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas and statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused Nos.1 and 2 have appeared before the court through their counsel and have been released on bail. A.3 reported dead and hence case against A.3 stands abated. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charge were framed against the accused for the alleged 3 CC No.23411/2011 offences and accused Nos.1 and 2 have pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 4 witnesses as PWs.1 to 4 and got marked 5 documents as Exs.P1 to P5. As no incriminating evidence found against the accused their statement u/S.313 of Cr.P.C. was dispensed with.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that the accused Nos.1 to 3 having common intention on 21/6/2011 at 11.30 PM near Hoodi bus stop, Hoodi, Bengaluru, pickedup quarrel with CW.1, without there being any provocation abused him as 'bolimakala' and assaulted him with hands causing simple hurt to him and with Stone causing simple hurt and when CWs.2 and 3 came to rescue CW.1, A.2 assaulted him with hands and A.3 assaulted CW.3 with hands and punched him and also when CW.4 came to the spot A.1 and A.2 assaulted him also with hands causing simple hurt to him and A.3 assaulted CW.4 with Stone causing simple injuries and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, 4 CC No.23411/2011 Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined four witnesses. PW.1 Manjunath is the complainant and injured in the incident. Shekar, Srinivas and Ramesh are examined as PWs.2 to 4. PW.1 being the complainant and PWs.2 to 4 are all injured in the incident. They all turned hostile to the case of the prosecution by denying wrongful restrain, abuse made to them in filthy language and assault made by the accused persons to them. They also denied having made statements before the police under Exs.P1, 3 to 5. PW.1 also denied any mahazar drawn in his presence under Ex.P2. PWs.1 to 4 being the material witnesses and injured deposed having compromised the dispute with the accused persons. Since PWs.1 to 4 material witnesses having turned hostile and compromise being reported between the parties, the prayer of Sr.APP to summons and examine other chargesheet witnesses was refused. In view of the material witnesses turning hostile and compromise being reported between parties, it cannot be said that prosecution has been able to prove the 5 CC No.23411/2011 alleged offences beyond reasonable doubt and accordingly, I answer Point No.1 in the Negative.
10. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 and 2 are acquitted of the alleged offences punishable u/s 341, 323, 324, 504 r/w.34 of IPC. Bail bonds of accused stand cancelled and they are set at liberty. Property seized by the I.O. under PF 76/2011 dated 22/6/2011 ordered to be destroyed on completion of the Appeal period.
(Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 27th day of July 2016).
(NAGESH MURTHY.B.K)
X A.C.M.M., BENGALURU
6 CC No.23411/2011
ANNEXURE
LIST OF WITNESSES EXAMINED
Prosecution Defence
PW.1 Manjunath. Nil
PW.2 Shekar.
PW.3 Srinivas.
PW.4 Ramesh.
Exhibits Marked
Ex.P1 Complaint.
Ex.P1(a)Signature of PW.1.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1
Ex.P3 Statement of PW.2..
Ex.P4 Statement of PW.3.
Ex.P5 Statement of PW.4.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.