Bangalore District Court
State By vs Idayath Ahmed S/O.Aabdul Mazeed on 13 November, 2015
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 13th day of November 2015
PRESENT: Sri.ARJUN.S.MALLUR,
B.A.L., LL.B.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.22324/2012
Complainant - State by, Police Sub Inspector
K.R.Puram Police Station
/vs/
Accused 1. Idayath Ahmed S/o.Aabdul Mazeed, 36
yrs. No.45, 9th Cross, 6th Main,
Ganganagar, R.T.Nagar, Bengaluru.
2. Munikrishna S/o.Mohana, 31 yrs.
No.353, I Cross, I Main,
Priyankarnagar, Sigehalli, Virgonagar
Post, Bengaluru.
3. Venkatesh S/o.Subbaiah, 38 yrs. I
Cross, I Main, Priyankanagar,
Seegehalli, Virgonagar Post,
Bengaluru.
JUDGMENT
1. The PSI of K.R.Puram police station have filed this chargesheet against the accused Nos.1 to 3 for the offences punishable u/S.285 of IPC, Section 3 and 7 of the Essential Commodities Act and Section 3 and 4 of the LPG Control and Regulation Order. 2 CC No.22324/2012
2. It is alleged by the prosecution that on 26/1/2012 around 7.00 PM at Priyankanagar, Seegehalli, Bengaluru, the accused Nos.1 to 3 acted in a rash and negligent manner in refilling domestic Gas Cylinder and commercial Gas Cylinders knowing it fully well it is dangerous to human life and personal safety and were undertaking refilling of gas cylinders without obtaining valid licence or permit from concerned authorities by making use of domestic gas cylinders and thereby committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered in K.R.Pura P.S., Cr.No.42/2012 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas and gas cylinders found in possession of accused were seized. Statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused Nos.1 to 3 have appeared before the court through their counsel and have been released on bail. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After 3 CC No.22324/2012 hearing, charge were framed against the accused for the alleged offences and accused have pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 3 witnesses as PWs.1 to 3 and got marked 7 documents as Exs.P1 to P7. Statements of accused u/S.313 of Cr.P.C. were recorded and the accused have denied the circumstances incriminating them in the evidence.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that on 26/1/2012 around 7.00 PM at Priyankanagar, Seegehalli, Bengaluru, the accused Nos.1 to 3 acted in a rash and negligent manner in refilling domestic Gas Cylinder and commercial Gas Cylinders knowing it fully well it is dangerous to human life and personal safety and were undertaking refilling of gas cylinders without obtaining valid licence or permit from concerned authorities by making use of domestic gas cylinders and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, 4 CC No.22324/2012 for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined three witnesses. PW.1 Manjunath Hiremaath and PW.3 Ganji Reddy are the PSI and HC of K.R.Pura police station. They have deposed that on 26/1/2012 they received information about illegal refilling of gas cylinders by making use of domestic HP gas cylinders in the shed of one Usman and thereafter along with panchas they went to place of offence and found accused in possession of two Bharath Domestic Cylinders and one Bharath commercial gas cylinders and also found in possession of equipment for refilling the gas and thereafter they took the accused and equipment to their possession, prepared mahazar on the spot and registered the case against the accused persons.
10. PW.2 Mukunda is the mahazar witness who has turned hostile to the prosecution denying any mahazar drawn in his presence and denied any seizure of gas cylinders from the possession of accused in his presence. He has also denied having made statement to the police under Ex.P7. The photos pertaining to the gas cylinders and gas refilling equipment are marked as Exs.P4 to 6. 5 CC No.22324/2012
11. Apart from PWs.1 to 3 the prosecution has not examined any other witness. PWs.1 and 3 are the police officials who have conducted raid. Their evidence has remained uncorroborated as seizure mahazar witness at PW.2 has turned hostile to the prosecution and denied the prosecution case entirely. To prove the offence u/S.3 and 7 of the Essential Commodities Act, the prosecution must prove that essential commodities were found in illegal possession of accused persons. In the case on hand to prove the same, apart from police officials, the independent witness examined by the prosecution has not supported the prosecution case. Under these circumstances there being no corroboration to the evidence of police official witnesses regarding seizure and recovery of the Gas cylinders from the possession of accused, it cannot be said that prosecution has proved the alleged offence. With regard to accused under taking refilling the gas cylinders in negligent manner, no evidence is adduced before the court. PWs.1 and 3 have not seen the accused persons refilling the gas cylinders in negligent manner. No independent witness is examined to corroborate to show that accused were indulged in refilling the gas cylinders. In the result, for the afore said reasons, it cannot be said that prosecution has been able to prove the 6 CC No.22324/2012 alleged offences beyond reasonable doubt and accordingly, I answer Point No.1 in the Negative.
12. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 to 3 are acquitted of the alleged offences punishable u/S. 285 of IPC, Section 3 and 7 of the Essential Commodities Act and Section 3 and 4 of the LPG Control and Regulation Order. Bail bonds of accused stand cancelled and they are set at liberty. (Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 13th day of November 2015).
(ARJUN.S.MALLUR) X A.C.M.M., BENGALURU 7 CC No.22324/2012 ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Manjunath Hiremath Nil PW.2 Mukunda PW.3 Ganji Reddy.
Exhibits Marked Ex.P1 Report.
Ex.P1(a)Signature of PW.1.
Ex.P2 FIR.
Ex.P2(a)Signature of PW.1.
Ex.P3 Mahazar.
Ex.P3(a)Signature of PW.1.
Ex.P3(b)Signature of PW.2.
Exs.P4 to 6 Photos.
Ex.P7 Statement of PW.2.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.
8 CC No.22324/2012