CHIKMALLAPPA Vs. NAGARAJ AND

JUDGEMENT

(1.) This is a reference made by the learned sessions Judge, Shimoga Division, under Section 438 Criminal Procedure Code requesting this Court to quash the order of commitment made in C.C. No. 2212 of 1959 on the file of the Munsiff-Magistrate, Tarikere and registered as Chikmagalur Sessions case No. 5 of 1960. The learned Sessions Judge opined that the prosecution in that case is hit by Sections 132 and 197 of Criminal Procedure Code.

(2.) C.C. No. 2212 of 1959 referred to above was a private complaint laid by one ChiKkammallappa belonging to Sanchalli of Kadur Taluk. His case is that on 7-9-59 when his servant Thimiah was working in his coconut garden the accused who was then the Sub-Inspector of Police at Yagati, Kadur Taluk, came there with a Constable and asked Thimmiah about the whereabouts or one Lakshma Lambani; when Thimmiah pleaded ignorance about the same the accused grew wild and severely assaulted Thimmiah; seeing this incident, Thimmiah's daugnter went running to the complainant and informed him that her father was being beaten by somebody in the coconut garden; then, the complainant, his son Shivalingappa and one Hanumanthappa rushed to the garden and there they saw the accused forcibly taking away Thimmiah; the complainant and his companions went up to the accused and appealed to him to release Thimmiah and excuse him if he had improperly behaved; the accused who was in high spirits, without any provocation or just cause, pulled out his revolver from its socket and pointed the same at the complainant; thereafter, he shouted to the complainant and his companions that if anybody dared to go near him he would be shot; the complainant stood bewildered but his son and Hanumanthappa went a few steps forward appealing to the accused to behave better; at that stage, the accused fired at Hanumanthappa and Sivalingappa as a result of which those two persons sustained bullet injuries; on receiving those injuries those persons fell on the ground; at that stage everybody became perplexed; the accused also got nervous and entreated the complainant and others to excuse him for his hasty action and begged that arrangements might be made to remove the injured to the General Hospital, Chickmagalur for treatment promising that he would meet any expenses, even to the tune of Rs. 2000/-. Then arrange, ments were made to take the injured to the hospital. Meanwhile, the accused boarded a bus and went. It was later learnt that he had given a false message to the D.S.P. complaining that the comlpainant and his men tried to assault him. The learned Magistrate thought that the prosecution has made out a prima facie case; consequently he committed the accused to take his trial before the Sessions Judge of Shimoga.

(3.) At this stage, it may be mentioned that the Police after enquiring into the complaint laid by the complainant in this case submitted a "B" report. The Magistrate did not accept the "B" report and asked the complainant to prove his case. On the information given by the accused the complainant and some others were prosecuted under Sections 143, 147, 149, 224, 225 and 395 I.P.C. In C.C. No. 1857 of 1959 on the file of the Munsiff-Magistrate. Tarikere. The learned Magistrate committed the accused in both cases to take their trial before the learned Sessions Judge, Shimoga.