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Showing contexts for: IPC 332 353 in Yelahanka New Town Ps vs Shabarish @ Appi @ Appu on 11 February, 2025Matching Fragments
The Police Inspector, Yalahanka New Town Police Station has presented this charge sheet against the accused for the offences punishable under Section 353, 332 and 307 of IPC
2. The case of the prosecution in brief is that, on 11.02.2021 at about 4.20 a.m. C.W.1 received a credible information that the accused traveling in the vehicle bearing No.KA-05-AJ-9805 near Kogilu Cross. Then, he went there along with C.W.2 to 7. The accused and 2 other were traveling in the said car towards Doddaballapura road and they followed them. After that, the said car went near Brahmana Samaj Trust road situated at Yelahanka New Town and stopped near a heap of garbage. Then, C.W.1 to 7 surrounded the vehicle to apprehend the accused and at that time the accused assaulted C.W.7 with a long and caused bleeding injury. Though, C.W.1 cautioned him and asked him to surrender, the accused tried to assault him with the long. The accused has deterred C.W.1 to 7 from discharging their official duty, attempted to commit the murder of C.W.1 and 7 and caused bleeding injury to C.W.7 and as such he has committed the offences punishable under Sec.353, 332 and 307 of IPC.
Point No.1 : In the Affirmative
Point No.2 : In the Affirmative
Point No.3 : Partly in the Affirmative
Point No.4 : As per final order,
for the following:-
:REASONS:
7. Point Nos.1 to 3 :- Since these points are
interconnected they are taken up together for discussion to avoid repetition. The case of the prosecution is that on 11.02.2021 at about 4.20 a.m. C.W.1 received a credible information that the accused is traveling in the vehicle bearing No.KA-05-AJ-9805 near Kogilu Cross. Then, he went there along with C.W.2 to 7. The accused and 2 other were traveling in the said car towards Doddaballapura road and they followed them. After that, the said car went near Brahmana Samaj Trust road situated at Yelahanka New Town and stopped near a heap of garbage. Then, C.W.1 to 7 surrounded the vehicle to apprehend the accused and at that time the accused assaulted C.W.7 with a long and caused bleeding injury. Though, C.W.1 cautioned him and asked him to surrender, the accused tried to assault him with the long. As such, the accused has deterred C.W.1 to 7 from discharging their official duty, attempted to commit the murder of C.W.1 and 7 and caused bleeding injury to C.W.7 and hence he has committed the offences punishable under Sec.353, 332 and 307 of IPC.
18. As such, the evidence of P.W.1, P.W.2 and P.W.5 clearly show that the accused has deterred them and C.W.2 to 4 and 6 from discharging their official duty. Their evidence also clearly show that the accused has assaulted P.W.5 with a long and caused injury to him. The I.O. who is examined as P.W.5 got got the wound certificate with regard to the treatment taken by P.W.5 as Ex.P.36 which reveal that he has sustained injury in the alleged incident. As such, the prosecution has placed sufficient materials and has proved beyond reasonable doubt that the accused has committed the offences punishable under Secs.353 and 332 of IPC.
20. As such, the prosecution has proved beyond all reasonable doubt that the accused has committed offences punishable under Sec.353, 332 and 324 of IPC. Accordingly, I answer Point no.1 and 2 in the Affirmative and Point No.3 partly in the Affirmative.
21. Point No.4:- In view of my findings on points No1 to 3, I proceed to pass the following:-
ORDER Acting under Section 235(2) of Cr.P.C., the accused is convicted for the offences punishable under Sections 353, 332 and 324 of IPC.