IN THE COURT OF THE LVIII ADDL.

CITY CIVIL AND

SESSIONS JUDGE (CCH-59), BENGALURU CITY.

Dated this the 2nd day of January, 2023

PRESENT:

Sri.N.Krishnaiah, B.Sc.. LL.B,

LVIII Addl. City Civil & Sessions Judge (CCH-59),
Bengaluru City.

SESSIONS CASE NO.262/2018

COMPLAINANT: The State of Karnataka by:

Vijayanagara Police Station,
Bangalore.

(By learned Public Prosecutor)-

-V/S-

ACCUSED : A1. Varunkumar,

S/o Shekar,
Aged about 24 years,
Residing at No.20,
7th Cross, Hosahalli,
Vijayanagara,
Bengaluru.

A2. Devaraj,
S/o Obalappa,
Aged about 25 years,
Residing at No.14,
13th Cross,
Cholurupalya,
Magadi Road,
Bengaluru.
 2 S.C.No.262/2018

A3. Umesh @ Ummi,

S/o Late Boraiah,
Aged about 27 years,
Bayamma Building,
Indiranagara, Attiguppe,
Vijayanagara,
Bengaluru.

A4. Chethan @ Ice Gedde,

S/o Manjunatha,
Aged about 24 years,
Residing at No.53,
14th Cross,Cholurupalya,
Magadi Road,
Bengaluru.

A5. Santhu (As he has been absconded,

Investigating Officer reserved
his right to file a separate
charge sheet )

A6. Mohammed Waseem,

S/o Noorulla,
Aged about 21 years,
Residing at No.01,
15th Cross,Cholurupalya,
Magadi Road,
Bengaluru.

A7. Manoj @ Manu,

S/o Govindaraju,
Aged about 28 years,
Residing at No.35,
13th Cross,Cholurupalya,
Magadi Road,
Bengaluru.

(By Sri.K.N.S., Advocate)

 3 S.C.No.262/2018

1. Date of commission of offence 12.10.2016

2. Date of report of occurrence 12.10.2016

3. Date of arrest of the accused 1 to 3 & 7- 28.10.2016

A-4 – Anticipatory bail

Released on 1 to 3 & 7- 10.11.2016

Period of custody 1 to 3 & 7- 12 days

4. Date of commencement of 26.10.2021

Evidence

5. Date of closing of evidence 07.12.2022

6. Name of the Complainant Sathish @ Sathishkumar

7. Offence complained of 143, 144, 147, 341,

504, 506 and 307 r/w
section 149 of IPC

8. Opinion of the Judge Offences not proved

9. Order of sentence Accused found not

guilty and acquitted
for the said offences

: JUDGMENT :

The Inspector of Police, Vijayanagara police station,

Bengaluru City has laid this charge sheet against accused

 4 S.C.No.262/2018

Nos.1 to4, 6 and 7 for the offences punishable under sections

143, 144, 147, 341, 504, 506 and 307 read with section 149

of IPC by reserving his right to file a separate charge sheet

against accused No.5 as he has been absconded.

2. The brief facts in nut-shell of the case of prosecution

is that, prior to 12-10-2016 one day CW-1 Sathish came near

Mallathahalli Kere to immerse the Idol of Ganesha after

festival, these have made galata and abused him in filthy

langauge. They have also threatened with dire

consequences if he again come to their area. On 12.10.2016

at about 8-30 pm, when CW-1 went to mechanic garage

situated near Gandhi Park, Vijayanagar, Bengaluru, to collect

his vehicle, the said garage as closed. When CW-1/

complainant was waiting near the garage, as the same may

be opened shortly, all these accused came there, with their

common object and they have formed an unlawful assembly

by holding deadly weapons with an intention to commit

murder of CW-1. They have wrongfully restrained CW-1

without going further and made galata. All these accused with
 5 S.C.No.262/2018

their common object abused CW-1 in filthy language. Accused

Nos.1 and 4 assaulted with choppers on the right leg joint and

hands of CW-1 and caused injuries. When CW-1 shouted,

public gathered, then the accused fled away from the spot.

Thereafter, CW-1 has obtained treatment at KIMs hospital and

later on he went to police station and lodged a complaint at

Ex.P.1.

3. Based on the said complaint lodged by the injured,

the CW-13/Assistant Sub Inspector of Police, Vijayanagara

Police Station has registered this case in crime No.532/2016

for the offences punishable under sections 143, 144, 147,

341, 504, 506 and 307 read with section 149 of IPC and send

FIR. Thereafter, he has visited the spot along with panchs CW-

2 and 3 and drawn a spot mahazar as per Ex.P.2 and seized

bloodstained cloths at M.O.1 to 3. On 16.10.2016, accused

Nos.1 to 3 and 7 were arrested in another case in crime

No.540/2016. When voluntary statement was recorded, they

have disclosed about the incident of this case. Based on the

information given by these accused Nos.1 to 3 and 7, two

 6 S.C.No.262/2018

choppers, one two wheeler vehicle bearing No.KA-02-EX-600

which were used for the commission of the offence were

seized under Ex.P.4 mahazar. He has recorded the statement

of CW-4 to 7. After medical examination, the accused Nos.1 to

3 and 7 were produced before the Learned Magistrate and

they were remanded to judicial custody. On subsequent date,

they were released on bail. Accused No.5 has been

absconded. After completion of investigation this CW-14 has

filed this charge sheet against accused Nos.1 to 4, 6 and 7

for the offences punishable under sections 143, 144, 147,

341, 504, 506 and 307 read with section 149 of IPC.

4. After submitting the charge sheet, the Learned

Magistrate has taken cognizance. In response to the

summons, accused Nos.1 to 3, 6 and 7 appeared through

their counsel. Accused No.4 was produced under body

warrant.

5. After securing these accused 1 to 4, 6 and 7 and

complying section 207 of Cr.P.C., the Learned Magistrate has

 7 S.C.No.262/2018

committed this case for trial as the offence punishable under

section 307 of IPC is exclusively triable by the Court of

Sessions. After receipt of the records, the Hon'ble Principal

City Civil and Sessions Judge, has registered this case in

S.C.No.262/2018 and made over the same to this court for

trial in accordance with the law.

6. In response to the summons, these accused Nos.1

to3, 6 and 7 appeared before this Court through their counsel.

The accused No.4 produced from judicial custody under body

warrant. On subsequent date, the accused Nos.1 to 3, 6 and 7

were released on bail. On subsequent date, after hearing

both the parties, being satisfied with the prima facie materials

on record, my learned predecessor in office has framed the

charges against this accused Nos.1 to 4, 6 and 7 for the

offences punishable under sections 143, 144, 147, 341, 504,

506 and 307 read with section 149 of IPC. When read over

the same to the accused, they pleaded not guilty and claimed

to be tried. Hence, the matter was posted for prosecution

evidence.
 8 S.C.No.262/2018

7. To bring home the guilt of the accused, the

prosecution got examined in all, 4 witnesses as PW-1 to 4 and

produced 10 documents and got marked Ex.P.1 to 10 and also

identified 5 material objects and got marked as M.O.1 to 5.

8. After closing the evidence of the prosecution, the

statement of the accused under section 313 of Cr.P.C., was

also recorded. The accused have denied all the incriminating

circumstances, elicited from the prosecution witnesses and

they have not chosen to lead any defence evidence. Hence,

the matter was posted for arguments on merits.

9. In view of the aforesaid contentions raised by both

parties, the following points that would arise for my

consideration:-

1. Whether the prosecution proves beyond all

reasonable doubt that, on 12.10.2016 at
about 8-30 pm, when CW-1 was near
Mechanic Garage situated near Gandhi
Park, Vijayanagar, Bengaluru, to collect his
vehicle, these accused Nos.1 to 4, 6 and 7
along with absconded accused No.5 with
 9 S.C.No.262/2018

their common object have formed an

unlawful assembly with an intention to
commit murder of CW-1 and thereby
committed an offence punishable under
section 143 read with section 149 of I.P.C?

2. Whether the prosecution proves beyond all

reasonable doubt that, these accused
Nos.1 to 4, 6 and 7 along with absconded
accused No.5 with their common object
have formed an unlawful assembly by
holding deadly weapons and made quarrel
with CW-1 and thereby committed an
offence punishable under section 144 read
with section 149 of I.P.C?

3. Whether the prosecution proves beyond all

reasonable doubt that, these accused
Nos.1 to 4, 6 and 7 along with absconded
accused No.5 with their common object
have formed an unlawful assembly by
holding deadly weapons and committed
rioting against CW-1 and thereby
committed an offence punishable under
section 147 read with section 149 of IPC?
 10 S.C.No.262/2018

4. Whether the prosecution further proves

beyond all reasonable doubt that, these
accused Nos.1 to 4, 6 and 7 along with
absconded accused No.5 with their
common object being the members of an
unlawful assembly have wrongfully
restrained CW-1 without going further with
an intention to commit an offence and
thereby committed an offence punishable
under section 341 read with section 149 of
IPC?

5. Whether the prosecution further proves

beyond all reasonable doubt that, these
accused Nos.1 to 4, 6 and 7 along with
absconded accused No.5 being the
members of an unlawful assembly, have
intentionally insulted CW-1 and thereby
committed an offence punishable under
section 504 read with section 149 of IPC?

6. Whether the prosecution further proves

beyond all reasonable doubt that, these
accused Nos.1 to 4, 6 and 7 along with
absconded accused No.5 being the
members of an unlawful assembly,
 11 S.C.No.262/2018

committed criminal intimidation by

threatening to cause death of CW-1 and
thereby committed an offence punishable
under section 506 read with section 149 of
IPC?

7. Whether the prosecution further proves

beyond all reasonable doubt that,these
accused Nos.1 to 4, 6 and 7 along with
absconded accused No.5 in furtherance of
their common object made quarrel with
CW-1 with an intention to commit murder,
accused Nos.1 and 4 have assaulted with
choppers on the body of CW-1 and caused
blood injuries and attempted to commit
murder of CW-1 and thereby committed an
offence punishable under section 307 read
with section 149 of IPC?

8. What order?

10. I have heard the arguments on both sides and

perused the materials placed on record.

11. My findings on the above points are as follows:-

 12 S.C.No.262/2018

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 - In the Negative.

POINT NO.6 - In the Negative.

POINT NO.7 - In the Negative.

POINT NO.8 - As per final order,

for the following:-

: REASONS :

12. POINT NOS.1 TO 7: Since all these points are

inter linked with each other, they are taken up together for

discussion, in order to avoid repetition of facts and evidence.

13. In order to prove the guilt of the accused, the

prosecution got examined the injured/complainant as PW-1.

PW-2 and 3 are the Investigating Officers. PW-4 is the

medical officer, who treated PW-1 and issued wound

certificate at Ex.P.5.
 13 S.C.No.262/2018

14. During the course of prosecution evidence, the

accused have taken a defence of total denial. Hence, the

primary burden, lies on the prosecution to prove the charges

leveled against the accused by producing consisting and

corroborative evidence beyond all reasonable doubt.

15. In order to discharge its primary burden, the

prosecution has mainly rested upon the evidence of PW-1,

who is an injured/complainant, in corroboration with the

evidence of Investigating officers and the medical officer,

who are examined as PW-2 to 4. In spite of sufficient

opportunity was given, the prosecution has not secured the

independent eyewitnesses, spot and seizure mahazar

witnesses CW-2 to 7 and CW-9 to 12. Hence, their evidence

is not available before this court.

16. But, PW-1, who is an injured and first informant,

during the course of his evidence has not consistently

deposed as these accused themselves have assaulted and

tried to commit murder of him. In one stretch he has stated

that, all these accused made galata and accused No.1

 14 S.C.No.262/2018

assaulted with a chopper on his right leg. Accused No.4

assaulted with a chopper on his left hand and caused injuries.

When accused have tried to assault on his neck, with an

intention to commit murder, but he has escaped. But, in

another stretch, he has stated that, these accused have not

assaulted and tried to commit murder. Hence, he has not

whispered anything against these accused Nos.1 to 4, 6 and

7 as they have involved in the alleged crime along with

accused No.5.

17. He has further stated that, at the time of galata

since it was dark, he could not identified the persons, who

have assaulted him. The choppers seized in this case were

not the weapons used to assault him. Though he has stated

that, he has lodged a complaint at Ex.P.1. Subsequently, the

police came to the spot and drew the spot mahazar at Ex.P.2

and seized his cloths at M.O.1 to 3, but he does not know the

contents of the same. Hence, this PW-1, who is an injured

and first informant has totally turned hostile.

 15 S.C.No.262/2018

18. On the request of the learned Public Prosecutor,

this witness was treated as hostile and permitted to cross

examine. Though the learned Public Prosecutor cross

examined at length, but nothing is elicited in favour of

versions of the prosecution. On the other hand, when the

learned counsel for the accused cross examined, this PW-1

has further admitted that, he had not seen these accused in

the spot, except before this court. He has attested his

signatures on the mahazar Ex.P.2 at police station. Hence,

absolutely there is no consisting evidence particularly against

these accused Nos.1 to 4, 6 and 7 from the mouth of PW-1,

who is an injured and first informant.

19. No doubt, PW-2, who is an investigating officer

has deposed about the receipt of complaint from PW-1,

registered this case and send FIR at Ex.P.3. He went to the

spot and he has also drawn a spot mahazar at Ex.P.2 and

seized the cloths from this PW-1 injured/complainant. He has

recorded the statements of eyewitnesses CW-2 and 3. He

himself and his staff CW-9 to 12 caught hold accused Nos.1

 16 S.C.No.262/2018

to 3 and 7 and recovered a knife, club, chopper and longs by

drawing a mahazar which relates to another case. Then, he

brought the accused Nos.1 to 3 and 7 along with the seized

articles, prepared a report and submitted the same before

the CW-14/PW-3 for further investigation.

20. PW-3, who is another investigating officer has

deposed that when he has recorded the voluntary statements

of these accused Nos.1 to 3 and 7, they have disclosed about

the incident of this case. He has recovered the weapons

which were used in this crime at the instance of the accused.

After medical examination, the accused Nos.1 to 3 and 7 were

produced before the Learned Magistrate in another case and

they were remanded to judicial custody. After completion of

investigation he has filed this charge sheet against all the

accused for the offences punishable under sections 143, 144,

147, 341, 504, 506 and 307 read with section 149 of IPC.

21. PW-4, who is the medical officer, who treated this

injured PW-1, has stated about the injuries found on the body
 17 S.C.No.262/2018

of PW-1 and issuance of wound certificate at Ex.P.5. But,

there is no history of assault by these accused. Therefore,

even in the evidence of PW-4 medical officer, there is no

incriminating evidence particularly against these accused

Nos.1 to 4, 6 and 7. Moreover, when PW-1 himself has

admitted that, these accused Nos.1 to 4, 6 and 7 have not

assaulted and caused any injury, the evidence of this medical

officer is no way helps the case of the prosecution to prove as

the said injuries found in wound certificate caused due to

assault made by these accused Nos.1 to 4, 6 and 7 with

particular weapons M.O.4 and 5.

22. Therefore, in the absence of consisting and

corroborative evidence by any one of the independent

witness including the injured solely based on the evidence of

these investigating officers and medical officer, it cannot be

held that, the prosecution has proved the charges leveled

against these accused Nos.1 to 4, 6 and 7 beyond reasonable

doubt. Hence, it creates a serious doubt about the

involvement of these accused in the alleged incident.

 18 S.C.No.262/2018

Therefore, the prosecution has utterly failed to prove any of

the ingredients of the alleged offences by producing any

consisting and corroborative evidence beyond reasonable

doubt. Therefore, without any alternative, the benefit of

doubt should be extended to these accused Nos.1 to 4, 6 and

7 and they are entitled for acquittal. In view of the aforesaid

reasons, I answer point Nos.1 to 7 in the “Negative”

23. POINT NO.8:- In the result, for the reasons

stated above, I proceed to pass the following:-

ORDER

The accused Nos.1 to 4, 6 and 7 are

found not guilty. Hence, by acting under
section 235(1) of Cr.P.C., the accused Nos.
1 to 4, 6 and 7 are hereby acquitted for the
offences punishable under sections 143,
144, 147, 341, 504, 506 and 307 read with
section 149 of Indian Penal Code.

The bail bonds of the accused Nos.1 to

3, 6 and 7 and their sureties stand
canceled.
 19 S.C.No.262/2018

The accused No.4 is produced from

judicial custody under body warrant. Hence,
office is hereby directed to issue intimation
to the concerned Jailer to release the
accused No.4 forthwith if he is not required
for any other case.

The original record and also M.O.1 to 5

may be retained till disposal of the split up
case registered against accused No.5.

(Dictated to the Judgment Writer directly on computer,

corrected, signed and then pronounced by me in the open
court on this the 2nd day of January 2023)

(N.KRISHNAIAH)
LVIII ADDL.CITY CIVIL AND
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.

ANNEXURE

1. LIST OF WITNESSES EXAMINED FOR PROSECUTION:

P.W.1 Sathish
P.W.2 Hanumanthu.A
P.W.3 Krishnamurthy
P.W.4 Dr.K.Shashidhar
 20 S.C.No.262/2018

2. LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:

Ex.P.1 Complaint
Ex.P.1(a & b) Signatures
Ex.P.2 Spot Mahazar
Ex.P.2(a & b) Signatures
Ex.P.3 F.I.R
Ex.P.3(a) Signature
Ex.P.4 Seizure Mahazar
Ex.P.4(a) Signature
Ex.P.5 Wound certificate
Ex.P.5(a & b) Signatures
Ex.P.6 Vehicle photos
Ex.P.7 to 10 Statements of accused

3. LIST OF WITNESSES EXAMINED & DOCUMENTS

EXHIBITED FOR ACCUSED:
- NIL -

4. LIST OF MATERIAL OBJECTS PRODUCED AND GOT

MARKED FOR PROSECUTION:

M.O.1 Jeans Pant

M.O.2 T shirt
M.O.3 Sweater
M.O.4 & 5 Two choppers

(N.KRISHNAIAH)
LVIII ADDL.CITY CIVIL AND
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.
 21 S.C.No.262/2018

Judgment pronounced in the Open Court

(vide separately)

ORDER
The accused Nos.1 to 4, 6 and 7 are
found not guilty. Hence, by acting under
section 235(1) of Cr.P.C., the accused Nos.
1 to 4, 6 and 7 are hereby acquitted for the
offences punishable under sections 143,
144, 147, 341, 504, 506 and 307 read with
section 149 of Indian Penal Code.

The bail bonds of the accused Nos.1 to

3, 6 and 7 and their sureties stand
canceled.

The accused No.4 is produced from

judicial custody under body warrant. Hence,
office is hereby directed to issue intimation
to the concerned Jailer to release the
accused No.4 forthwith if he is not required
for any other case.

The original record and also M.O.1 to 5

may be retained till disposal of the split up
case registered against accused No.5.
22 S.C.No.262/2018

(N.KRISHNAIAH)
LVIII ADDL.CITY CIVIL AND
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.