KABG040010492017

IN THE COURT OF THE V ADDL.CIVIL JUDGE & JMFC,

AT : BELAGAVI

DATED THIS THE 28th DAY OF JUNE, 2022

PRESENT

Smt. Geeta
B.A., LL.B.(Hons),L.L.M.,

V Addl. Civil Judge and JMFC, Belagavi.

C.C.No.170/2017

Complainant:-
1. The State of Karnataka
Represented by PSI,Hirebagewadi
Station, Belagavi.
(By A.P.P.)

V/s
Accused:-

1. Mahantesh Gangappa Pujeri

2. Ravi Basavant Navalagi
3. Bhimappa Yallappa Navalagi
4. Bahubali Jinnappa Shintri
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All are R/o: Mutnal

Tq & Dist: Belagavi.
(Accsd. No. 1 to 4 By Sri. S.V. Ganachari, Adv.)

Date of offence 28-05-2015

Date of report 29-05-2015
Date of arrest of accused -
Whether in custody No
Complainant Sri. Babu Mallappa
Chandaragi
Offences alleged U/Sec. 353 R/w. 34
of IPC.
Evidence commenced 04-03-2017
on
Evidence closed on 18-11-2021
Judgment 28-06-2022
pronounced on
Opinion of Presiding Accused No. 1 to 4 are
Officer not found guilty
State by APP
Accused No. 1 to 5 by Sri. S.V. Ganachari,
Advocate

Sd/-
V Addl.Civil Judge& JMFC
Belagavi
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JUDGEMENT

The Sub Inspector of Police, Hirebagewadi Police Station

has filed charge sheet against the accused no.1 to 4 for the

offences punishable u/s 353 R/w sec.34 of IPC.

2. The brief facts of the prosecution case are as

under ;

It is the case of the prosecution that, on 29-05-2015 at

about 12.30PM at Government Higher Primary School

plyground, Mutnal village CW1 was on Grampanchayath

Election duty, when he was sending the voters in a queue

near Polling booth no. 359 accused were in a group

standing within 100 meter distance from the polling booth.

When CW1 said them to come in queue accused no. 1 to 4

in furtherance of their common intention came near CW1

by saying ನಿ ‍ಏನ ಹೇಳತಿ ನಮಗ, ನಾವು ಇಲ್ಲೆ ನಿಲ್ಲು ತ್ತೇವೆ ಅಂತಾ pulled
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him and caused obstruction to his duty, thereby committed

an offence punishable U/Sec. 353 R/w sec.34 of IPC.

3. On the basis of the complaint, the Hirebagewadi

Police have registered Crime No. 114/2015 and after

investigation filed charge sheet against the accused No.1 to

4.

4. After filing of charge sheet, the police papers were

furnished to the accused as required U/Sec. 207 of Cr.P.C,

Charges were framed, read over and explained to the

accused of the offences punishable U/Sec. 353 R/w Sec.34

of IPC for which accused No.1 to 4 have not pleaded guilty

and claims to be tried.

5. In order to bring home the guilt of the accused no.1

to 4, prosecution has cited 11 witnesses and examined 11

witnesses as PW1 to 11 and got marked Ex.P1 to 9.

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6. After closure of the prosecution evidence, the

statement u/sec.313 is recorded, read over and explained

to the accused, for which they made total denial. No

evidence lead on behalf of the defence.

7. Heard the arguments.

8. Now, the points that arise for my consideration are

as under:

1 Whether the prosecution proves beyond

reasonable doubt that, on 29-12-2018 at
about 12.30PM at Government Higher
Primary School plyground Mutnal village
CW1 was on Grampanchayath Election duty
near Polling booth no. 359 when CW1 said
accused to come in queue accused in
furtherance of their common intention came
near CW1, pulled him and caused
obstruction to his duty, thereby committed
an offence punishable U/Sec. 353 R/w
Sec.34 of IPC.

2 What order?

9. My answer to the above points are as follows ;

Point No.1: In the Negative,
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Point No.2: As per the final order for the

following;

REASONS

10. Point No.1: In order to prove the guilt of the

accused persons, the prosecution has examined

complainant as PW1, who lodged complaint as per Ex.P1.

He in his chief examination deposed that when he asked

the accused to come in queue to cast their vote accused

spoke with him in a loud voice and pulled him by holding

his shirt collar. He further deposed that ಸದರೀ 4 ಜನರ

ಹೆಸರುಗಳನ್ನು ಊರಿನಲ್ಲಿ ವಿಚಾರಿಸಲಾಗಿ ಒಬ್ಬ ಸಾರಾಯಿ ಕುಡಿದಿದ್ದ ವ್ಯ ಕ್ತಿ 4 ಒಬ್ಬ ನ

ಹೆಸರನ್ನು ತಿಳಿಸಿದನು. ಆ ಸಾರಾಯಿ ಕುಡಿದಿದ್ದ ವ್ಯ ಕ್ತಿಯ ಹೆಸರನ್ನು ಹೇಳಲು

ಬರುವುದಿಲ್ಲ . PW1 being a police official how it is possible for

him to believe the words of person who has consumed

alcohol. Further he admitted that the said incident is not

reported in the Point book.

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11. PW.4 who pacified the dispute, he in his chief

examination has deposed that accused obstructed CW1 to

do his work and he pacified the dispute between CW1 and

accused. In the cross examination he deposed that the said

incident was reported in the point book. But the said point

book was not seized and produced by the prosecution. In

the cross examination he admitted that there was

compound up to 100 meters, they are sending the voters

after verification and accused have casted their vote before

the incident. This contention of the PW4 shows that

accused have not entered within 100 meters.

12. PW2 and 3 who are mahazer witnesses

completely turned hostile to the case of the prosecution,

though they have admitted their signatures in Ex.P2 but

they pleaded their ignorance about the contents of the

same. PW7, PW8 and PW10 are the eye witnesses have not

deposed anything about the commission of offence by the

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accused. They completely turned hostile to the case of the

prosecution. PW10, though stated that some altercation

took place between accused and CW1 and 4 but he stated

that he was not witnessed the incident. In the cross

examination also the learned APP has not elicited anything

worth from the mouth of PW2, 3, 7, 8 and 10.

13. PW.6 and PW11 have deposed only about the

arrest of accused no.1 to 4 as per the instructions of

investigating officer. They both deposed that they are not

present at the time of incident, as per the instruction of IO

they produced the accused. Therefore the evidence of these

witness only procedural in aspect.PW5 has deposed about

the receiving of complaint as per Ex.P1, registering of FIR

as Ex.P4. He has not deposed anything about the

commission of offence by the accused.

14. The PW9, who is the investigating officer, has

deposed about the conducting of Mahazer, arrest of the

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accused, recording of statement of the witnesses. The

evidence of this witness is only procedural in aspect, he

has not stated anything about the obstruction of official

duty of CW1 by the accused.

15. On perusal of the evidence of the

prosecution, all the material witnesses i.e., eye witnesses

and mahazer witnesses were turned hostile. In the cross

examination also the prosecution has not elicited anything

supportive to its case. Though the PW4 has stated that

accused have obstructed the official duty of PW1 and it was

entered in the point book, the said point book is not

produced by the prosecution. Therefore there is

independent evidence to prove the guilt of the accused no.1

to 4 except the interested testimony of PW1 and 4. In the

circumstances the prosecution has utterly failed to place

cogent, corroborative and acceptable evidence before the

court to substantiate its case. The prosecution has utterly

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failed to prove the guilt of the accused no 1 to 4 beyond

reasonable doubt. Hence I answer Point no.1 in Negative.

16. Point No.2: In view of the discussion on

point no.1, for the reasons stated therein, I proceed to pass

the following;

ORDER

Acting U/Sec. 248(1) of Cr.P.C.,

accused No.1 to 4 are acquitted of the
offences punishable U/Sec. 353 R/w
Sec.34 of IPC.

The bail bond and surety bond executed by

the accused No.1 to 4 and surety stand
canceled.

(Dictated to the stenographer on computer, computerized and printout taken by her, then
corrected and pronounced by me in the open Court on 28-06-2022) .

Sd/-
(Smt.Geeta)
V Addl. Civil Judge & JMFC.,
Belagavi.
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ANNEXURE
List of witnesses examined on behalf of the prosecution:
P.W.1 : Babu Mallappa Chandaragi
P.W.2 : Mayappa Bhimappa Shingadi
P.W.3 : Bhimappa Hulmani
P.W.4 : A.S. Vibhuti
P.W.5 : V.S. Malavade
P.W.6 : S.B. Madiwalar
P.W.7 : Uday Hulmani
P.W.8 : Gopal Badiger
P.W.9 : J. Raghu
P.W.10 : Vittal Yamminkatti
P.W.11 : M.G. Mujawar

List of documents marked on behalf of the prosecution:

Ex. P1 : Complaint
Ex.P1(a) : Signature of CW.1
Ex.P1(b) : Signature of CW.10
Ex.P2 : Panchanama
Ex.P2(a) : Signature of CW.2
Ex.P2(b) : Signature of CW.3
Ex.P2(c) : Signature of PW.9
Ex. P3 : Photo
Ex.P3(a) : Signature of PW.9
Ex. P4 : FIR
Ex.P4(a) : Signature of CW.10
Ex. P5 : Statement of PW-7.
Ex.P6 : Statement of PW-8.
Ex.P7 : Spot Sketch
Ex.P7(a) : Signature of PW.9
Ex.P8 : Election Instruction Book
Ex.P9 : Statement of PW-10.
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List of witnesses examined and documents marked on

behalf of the accused:
-Nil-

List of material objects marked in this case:

-Nil-

Sd/-
V Addl. Civil Judge & JMFC.,
Belagavi.