Indian Kanoon - Search engine for Indian Law

15. Further, this PW.2 was partially treated hostile by the prosecution and in the cross-examination he has admitted that the incident is occurred near HDFC Bank ATM situated near Anjaneya Temple, on 25.09.2015, he having learnt about the assault on CW.2, he along with CW.2 and CW.3 went to Mohan Spirit Shop as to ask the accused persons about the incident and when they reached Mohan Spirit shop and got down from his auto, they were attacked by accused persons, accused No.1 once again tried to assault CW.2 by a knife on his neck, he raised his hand in order to escape, as such he sustained the injury on his right hand, by that time this PW.1 went to rescue CW.2, as such accused No.2 Shiva stabbed him on his stomach with a knife. They were assaulted by accused Nos.1 to 4, since public gathered all the accused persons fled away from the spot. This witness was cross-examined by the defence counsel. During his cross-examination he has stated that he do not know to read and write except making signature. In his cross-examination this complainant has admitted that CW.2 Bheemesh was lying in front of SBI ATM on Nagasandra main Road, which is a densed placed, where there are several shops.

17. It is also to be noted that, at first instance this witness has deposed that CW.2 Bheemesh was lying on the road due to assault by some unknown persons, at later stage he says that he was assaulted by accused Nos.1 and 2. Admittedly, alleged first incident of assault, on CW.2 Bheemesh was in front of HDFC Bank ATM. However, no mahazar is drawn on the said place of incident.

18. PW.3 - Bheemesh is the brother of complainant. It is the specific case of the prosecution that since accused Nos.2 and 3 have assaulted this PW.3 - Bheemesh on the alleged place of incident he was lying in front of the HDFC Bank ATM, as such complainant rushed to the spot, inquired him and came to know that he was assaulted by accused Nos.1 to 3 and then he went in search of accused persons and reached Mohan Spirit Shop and it is there CW.1 and CW.2 both were attacked by accused No.s 1 to 4, as a result, they sustained grievous injuries as alleged. This witness identified the accused persons. At first instance, he has deposed that, about two years back, he was coming from his house some unknown person had assaulted him by a knife, he has stated that the accused persons who were present in the court hall were not the persons who assaulted him on the said day of incident, he pleaded his ignorance about his statement given before the police and also failed to identify MO.3 knife before the court.

19. On the next day of hearing, this witness has completely supported the case of prosecution by deposing that CW.1 is his brother and C W.3 is relative, on 21.05.2015 inbetween 8 to 8.30 near HDFC Bank ATM accused Nos.2 and 3 under the influence of alcohol on the street were creating nuisance, as such he warned them not to do such acts, therefore he was assaulted by them. When public gathered, accused Nos.2 and 3 escaped. Thereafter, CW.1 Nagaraj and CW.3 - Chandra Shekhar came to the spot, he informed them about the quarrel, as such all the three went in search of accused persons, when they reached near Mohan Spirit shop, there they found accused persons, they got down from the auto, during that time accused No.1 stabbed him by a knife on his right hand and CW.1 was stabbed on his stomach by a knife, therefore they went to police station.

29. In the cross-examination this witness pleaded his ignorance as to say whether the spot mahazar witnesses are localites or not and also admitted that he has not conducted any mahazar near HDFC Bank ATM and also not visited the KIMS Hospital, thereafter, denied the suggestion of defence counsel that he has filed a false charge sheet against the accused persons.

30. On over all consideration of the available evidence, it can be observed that there are two incidents on the same day, admittedly the first incident of quarrel was near HDFC Bank ATM, where CW.2 Bheemesh was assaulted by accused Nos.2 and 3 and it is thereafter near Mohan Spirit shop accused Nos.1 to 4 assaults CW.1 to CW.3, where CW.1 and CW.2 i.e., complainant Nagharaj and Bheemesh sustained stab injury and obtained treatment after the injury. The complaint is on the next day morning of the incident. The evidence of this PW.2 is contrary as at one instance he says that he was assaulted by accused No.1 on his stomach and on the later part he has deposed that he was assaulted by accused No.2 on his stomach by a knife. It is to be noted there are variations in the chief examination of complainant with respect to the time of alleged incident. At first instance, he has stated that it was about two years back at 9.15 p.m. and in the next date of chief-examination the time of incident is deposed differently. Thereafter, this witness remained absent and not subjected himself for complete cross-examination.