Bangalore District Court
State Of Karnataka By; vs Jagadisha @ Jagga @ Robbery Jagga on 24 November, 2016
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 24th day of November 2016
:PRESENT:
Sri.Shivaji Anant Nalawade, B.Com., LL.B.(Spl)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
SESSION CASE No.1031/2015
COMPLAINANT : State of Karnataka by;
Kodigehalli Police Station, Bangalore.
(By Learned Public Prosecutor)
- Vs -
ACCUSED : 1. Jagadisha @ Jagga @ Robbery Jagga
.........Abated
2. Ravi @ Hebbala Ravi ...S.C.1485/2012
3. Sridhara @ Sri ...S.C.1485/2012
4. Manjunath @ Thoppe ...S.C.1485/2012
5. Chandra @ Dumma
S/o Shankarappa,
Aged about 22 years,
Residing at No.392,
3rd Main, 2nd Cross,
Shabarinagara, Byatarayanapura,
Sahakara Nagara Post,
Bengaluru City.
6. Raviraj @ Bullet Ravi .......Abated
(By Sri.K.N.C., Advocate)
2 S.C.1031/2015
1. Date of commission of offence 21-05-2008
2. Date of report of occurrence 21-05-2008
3. Date of commencement of evidence 11-05-2016
4. Date of closing of evidence 02-11-2016
5. Name of the complainant Sri.Suresha
6. Offences complained of Sec.143, 148, 341,
324, 326, 307,
506(B) r/w Sec.149
of IPC
7. Opinion of the Judge As per the final order
8. Order of sentence Offences not proved
JUDGMENT
This case is committed by the Chief Metropolitan Magistrate Court, Bangalore City, to the Hon'ble Prl. City Civil and Sessions Court, Bangalore on the ground that offence punishable under Sec.307 of IPC is exclusively triable by the court of Sessions.
2. The Police Sub-Inspector of Kodigehalli Police Station has filed splitted charge-sheet against accused No.5 as per the order passed by the Chief Metropolitan Magistrate Court, Bengaluru in C.C.29285/2011 dated 14-08-2015 3 S.C.1031/2015 alleging that accused No.5 along with other accused have committed the offences punishable under Sec.143, 148, 341, 324, 326, 307, 506(B) r/w Sec.149 of IPC arising out of Kodigehalli Police Station in Crime No.195/2008.
3. The brief facts of the prosecution case is as under:
(a) It is the case of the Prosecution that, accused No.1 to 6 formed unlawful assembly with common object by holding deadly weapons with intent to kill CW.1 and on 21-05-2008 on 00.30 hours in Bangalore City, Bellary Road, Byatarayanapura 7th Main, House No.21, belongs to CW.1, accused came there in Maruthi Omni bearing Reg. No.KA-05-P-4246, accused No.6 has instigated accused No.1 to 5 for killing the CW.1 and accused No.1 to 5 came to the 3rd floor, where CW.1 was residing and got opened the door of the house of CW.1, accused No.3 prevented CW.1 from proceeding ahead and hold him. Accused No.1, 2, 4 and 5 with intent to kill CW.1 assaulted him with Long, chopper and club and caused grievous injuries. Accused No.1, 2, 4 and 5 assaulted CW.3 who came to rescue CW.1 with Long, chopper on his head and hand and caused simple and grievous injuries to him. Accused 4 S.C.1031/2015 have also assaulted CW.2 and caused simple injuries to him.
Accused No.1, 2, 4 and 5 have followed CW.4 and shown the deadly weapons to him and gave threat to his life. Accused put Long to the neck of CW.1, 3 and gave threat to their life. Thereafter CW.1 has been shifted to North Side Hospital and thereafter CW.1 has been shifted to Hosmat Hospital for further treatment.
(b) CW.24-Guligowda, ASI, on 21-05-2008 went to the Hospital where CW.1 was taking treatment and enquired CW.1, CW.1 has given oral complaint and CW.24 has obtained the same and returned back to the Police Station and registered a case in Crime No.195/2008 and submitted FIR to the court and thereafter handed-over the further investigation to CW.26 who is the Police Inspector. CW.26 on 21-05-2008 at 7.00 a.m. has taken further investigation from CW.24, on the same day CW.26 visited the spot of incident along with CW.1 and called CW.5, 6-panchas and drawn the Spot Mahazar from 9.30 a.m. to 1.30 p.m. At the time of drawing mahazar, CW.1 has produced his blood stained T-Shirt, blue colour knicker and CW.26 has seized the same and subjected 5 S.C.1031/2015 the same in P.F.No.46/2008. On the same day CW.26 has recorded the statement of CW.4, 7 and 8, on the same day CW.26 has directed his officials to catch-hold the accused, CW.26 has recorded the statement of CW.2 on 06-06-2008. On 08-06-2008 when CW.26 was on patrolling, he received the information that 5 persons were in a vehicle near Punjabi Dhaba on Bellary Road, thereafter CW.26 along with the officials-CW.18 to 23, went there and catch-hold the 5 persons and brought them to the Police Station along with Omni vehicle. CW.26 has arrested the said accused No.1 to 5 and recorded their voluntary statement. Accused No.1 to 5 have given voluntary statements before CW.26 and stated that they will show the place where they have assaulted CW.1 and show the place where they have thrown the Long, Club used for assaulting CW.1. On the same day CW.26 has seized the Omni vehicle by drawing mahazar in presence of CW.9 and 10-panchas and subjected the same in P.F.51/2008. On the next day, accused No.2 taken CW.26 and panchas i.e., CW.11 and 12 in front of Anwar Bullet Garage and produced the club from there and CW.26 has seized the same by drawing 6 S.C.1031/2015 mahazar. On the same day, accused No.1 taken CW.26 and panchas to Vidyaranyapura Railway Station and produced the chopper which was near the Railway track and CW.26 has seized the same by drawing mahazar. From the said place accused No.3 has produced knife, accused No.4 has produced Long and CW.26 has seized the same by drawing mahazar. CW.26 has subjected the said properties under P.F.No.52/2008 and 53/2008. On the same day CW.26 has entrusted the accused No.1 to 5 to judicial custody. On the same day CW.26 has recorded the statements of CW.18 to 23. Thereafter CW.26 has handed-over the further investigation to CW.27. CW.26 has sent the properties seized to FSL for examination. CW.28 has received the records on the basis of territorial jurisdiction and he has recorded the statements of injured, witnesses and filed the charge-sheet against the accused.
4. After filing the splitted charge-sheet by the Investigating Officer, CMM Court, Bangalore has taken cognizance against accused No.5 and registered the case against accused No.5 in C.C.19164/2012. Thereafter, CMM 7 S.C.1031/2015 Court, Bangalore has secured the presence of accused No.5 and furnished the charge-sheet copy to him as contemplated under Sec.207 of Cr.P.C. and committed the case against accused No.5 before the Hon'ble Prl. City Civil and Sessions Court, Bangalore and that was registered as S.C.1031/2015 and made over to this court for disposal according to law against accused No.5 as the offences alleged are triable by the Sessions Court.
5. After receipt of the papers this court has secured presence of accused No.5 and heard the counsel for accused No.5 and learned Public Prosecutor for state on charge to be framed. Charge under section under Sec.228 of Cr.P.C. framed against the accused for the offences under Sec.143, 148, 341, 324, 326, 307, 506(B) r/w 149 IPC and read-over to the accused in the open court and accused pleaded not guilty and claim to be tried. Thereafter, Prosecution is called upon to prove the guilt of the accused by examining the Prosecution witnesses. Prosecution in order to prove the guilt of the accused beyond all reasonable doubt in all examined 7 witnesses as PW.1 to 7 and got marked 9 documents as per 8 S.C.1031/2015 Ex.P1 to 9 and closed its side. Thereafter accused No.5 examined under Sec.313 Cr.P.C. to enable him to explain the incriminating circumstances appearing against him in the prosecution evidence. Accused denied the statement in toto and further stated that he has no defence evidence and he has nothing to say, thereafter the case is posted for arguments.
6. Heard the arguments advanced by the learned counsel for the accused and learned Public Prosecutor for state in length.
7. The points that arise for my determination are:
1) Whether the prosecution proves beyond reasonable doubt that accused No.5 along with No.2 to 4 and deceased accused No.1 and 6 on 21-05-2008 at 00.30 hours in Bangalore City, Bellary Road, Byatarayanapura House No.201, belongs to CW.1 came there in Maruthi Omni Reg.
No.KA-05-P-4246 and formed unlawful assembly with common object and picked-up quarrel with CW.1 and thereby committed the offence under Sec.143 r/w 149 of IPC?
2) Whether the prosecution proves beyond reasonable doubt that accused No.5 along with 9 S.C.1031/2015 No.2 to 4 and deceased accused No.1 and 6, on the above said date, time and place, formed unlawful assembly by holding deadly weapons like Chopper, knife and Long and picked up quarrel with CW.1 and committed rioting and thereby committed the offence punishable under Sec.148 r/w 149 of IPC?
3) Whether the prosecution proves beyond reasonable doubt that accused No.5 along with No.2 to 4 and deceased accused No.1 and 6, on the above said date, time and place, formed unlawful assembly with common object and got opened the door of the house of complainant and accused No.3 prevented CW.1 from proceeding ahead and hold him and thereby committed the offence punishable under Sec.341 r/w 149 of IPC?
4) Whether the prosecution proves beyond reasonable doubt that accused No.5 along with No.2 to 4 and deceased accused No.1 and 6, on the above said date, time and place, formed unlawful assembly with common object, accused No.1, 2, 4, 5 have assaulted CW.1 with Long, Chopper and Club, they have also assaulted CW.3 who came to rescue CW.1 with Long and Chopper on his head and hand and caused grievous 10 S.C.1031/2015 injuries to them and thereby committed the offence punishable under Sec.326 r/w 149 of IPC?
5) Whether the prosecution proves beyond reasonable doubt that accused No.5 along with No.2 to 4 and deceased accused No.1 and 6, on the above said date, time and place, formed unlawful assembly and picked up quarrel with CW.1, with Long, chopper on his head and hand, accused have also assaulted CW.2 and caused simple injuries to CW.1, 2, 3 and thereby committed the offence punishable under Sec.324 r/w 149 of IPC?
6) Whether the prosecution proves beyond reasonable doubt that accused No.5 along with No.2 to 4 and deceased accused No.1 and 6, on the above said date, time and place, picked up quarrel with CW.1, accused No.1, 2, 4 and 5 have shown deadly weapons to CW.4 and gave threat to his life, accused No.1, 2, 4 and 5 put the Long on the neck of CW.1 and 3 and gave threat to their life and thereby committed the offence punishable under Sec.506(B) r/w 149 of IPC? 11 S.C.1031/2015
7) Whether the prosecution proves beyond reasonable doubt that accused No.5 along with No.2 to 4 and deceased accused No.1 and 6, on the above said date, time and place, picked up quarrel with CW.1 with intent to kill him and assaulted CW.1 with Long, Chopper and Club and caused grievous injuries to him, accused No.1, 2 and 5 assaulted CW.3 who came to rescue CW.1 with Long, Chopper on his head and hand and intended to kill him and thereby committed the offence punishable under Sec.307 r/w 149 of IPC?
8) What order?
8. My findings on the above points are as follows:
Point No.1 to 7: In the Negative;
Point No.8 : As per final order
For the following;
REASONS
9. POINT No.1 to 7: The above points are
connected, hence they are taken up together for discussion together.
10. It is the case of the prosecution that the accused No.5 committed the offences punishable under Sec.143, 148, 12 S.C.1031/2015 341, 324, 326, 307, 506(B) r/w Sec.149 of IPC and in order to prove the guilt of the accused the prosecution in all examined 7 witnesses and they are;
PW.1-Suresh son of Muniraju-complainant, PW.2-Anand son of Muniraju-eye witness, PW.3-Manjunath son of Muniraju- eye witness, PW.4-Smt.Sarojamma wife of Muniraju-eye witness, PW.5-Manju son of Muniyappa-Pancha on Spot Mahazar, PW.6-Rajendra son of Late.Narasimhaiah-Pancha on Spot Mahazar, PW.7-Dr.Pradeep K.S. son of Saralaiah K.R.- Medical Officer.
11. The prosecution in order to prove guilt of the accused in all got marked 9 documents and they are;
Ex.P1-Complaint, Ex.P2-Spot Mahazar, Ex.P3-Further statement of complainant, Ex.P4-Portion of statement of PW.2, Ex.P5-Portion of statement of PW.3, Ex.P6-Portion of statement of PW.4, Ex.P7-Portion of further statement of PW.4, Ex.P8-Wound Certificate of CW.3, Ex.P9-Wound Certificate of CW.1.
12. Prosecution in order to prove the guilt of the accused examined PW.1. PW.1 in his evidence stated that, 13 S.C.1031/2015 Sarojamma is his mother, CW.3 is his friend, he is not knowing the accused in this case, 7-8 years earlier to his evidence at 11.30 to 12.00 p.m. he was in his house at that time someone came and called him, he came out and he has been assaulted with Rod and Club, he sustained injury to his hand and head, he is not knowing who assaulted him, he has been admitted to North Side Hospital, his brother Manjunatha has taken to the Hospital and identified his signature on Ex.P1 as Ex.P1(a). Further this witness has stated that Police have not came to the spot and not drawn Mahazar in his presence and identified his signature on the Mahazar as Ex.P2(a), he is not knowing what is written in Ex.P1 and 2-documents. Prosecution treated this witness hostile, cross-examined him and nothing has been made out in the cross-examination of this witness so as to help the prosecution to prove the guilt of the accused.
13. Prosecution has examined PW.2 and PW.2 in his evidence stated that, CW.1 and 4 are his friends, CW.2 is the brother of CW.1, he is not knowing accused No.5, he is not knowing who assaulted CW.1 and 2, he has not given statement before the Police. Prosecution treated this witness 14 S.C.1031/2015 hostile, cross-examined him and nothing has been made out in the cross-examination of this witness so as to help the prosecution to prove the guilt of accused.
14. Prosecution has examined PW.3. PW.3 in his evidence stated that, CW.1 is his younger brother, CW.2 is his mother, CW.3 is his friend, he is not knowing who assaulted CW.1. Further this witness has stated that 3 years earlier to his evidence at 11.30 to 12.00 p.m., CW.1 came to his house awake him, cw.1 has sustained injury to his head, he has taken CW.1 to North Side Hospital. Further he has stated that he has not sustained any injuries, he is not knowing anything regarding the quarrel. Prosecution treated this witness hostile, cross-examined him and nothing has been made out in the cross-examination of this witness so as to help the prosecution to prove the guilt of accused.
15. Prosecution examined PW.4. PW.4 in her evidence stated that CW.1 and 4 are her sons. She is not knowing the accused. 5-6 years earlier to her evidence, she went to her daughter's house and she came to know that someone has assaulted CW.1 and she came to the house on the next day. 15 S.C.1031/2015 CW.1 has sustained injuries to his head and had. She is not knowing who assaulted CW.1. Prosecution treated this witness hostile, cross-examined him and nothing has been made out in the cross-examination of this witness so as to help the prosecution to prove the guilt of accused.
16. Prosecution has examined PW.5 and 6. They are the Spot Mahazar Panchas and they in their evidence stated that 5-6 years earlier to their evidence, Police have obtained their signatures in the Police Station. Police have not drawn any Mahazar in their presence. Police have not seized any articles in their presence. Prosecution treated these witnesses hostile, cross-examined them and nothing has been made out in the cross-examination of these witnesses so as to help the prosecution to prove the drawing of Spot Mahazar.
17. Prosecution has examined PW.7. PW.7 is the Medical Officer and he in his evidence stated that since 2006 to 2010 he worked as Part time Lego Medical Consultant at North Side Hospital and Diagnosis Centre, Sahakarnagar, Bengaluru. On 21-05-2008 injured by name Anand was brought to North Side Hospital at around 1.00 a.m. with history of assault at his 16 S.C.1031/2015 residence at around 00.30 hours on the same day. On examination he noted 1) lacerated wound measuring 10 cms X 5 cms muscle deep present over the right hand, 2) lacerated wound measuring 8 cms X 0.5 cms X muscle deep present over right fore arm, 3) lacerated wound measuring 4 cms X 0.5 cms X muscle deep present over the left arm. For examining the injured he has issued Wound Certificate as per Ex.P8. Further this witness has stated that on the same day at same time he has examined the injured Suresh who was brought by one Manju in the same history of assault at 00.30 hours at his residence. He examined him, he found lacerated wound measuring 6 cms x 0.5 cms x muscle deep and 3 cms x 0.5 cms x muscle deep present over the frontal region respectively, lacerated wound measuring 6 cms X 0.5 cms X muscle deep present over the left shoulder and lacerated wound measuring 2 cms X 0.5 cms X muscle deep present over the right thumb. For examining the injured he has issued Wound Certificate as per Ex.P9. Further this witness has stated that injuries mentioned in Ex.P8 and 9 are grievous in nature. Further this witness has stated that injuries mentioned 17 S.C.1031/2015 in Ex.P8 and 9 are likely to be caused if a person is assaulted with weapons like Chopper and Long.
18. It is the specific case of the accused during the cross-examination of prosecution witnesses that he has not committed any offences as alleged against him, he has been falsely implicated in this case. In the present case complainant examined by the prosecution turned hostile. Further all the eye-witnesses examined as PW.2 to 4 turned hostile. Both the Pancha witnesses on Spot Mahazar examined as PW.5 and 6 turned hostile. Further the main case against accused No.2 to 4 in S.C.1485/2012 is disposed off on merits on 20-10-2014 and in the said case accused No.2 to 4 are acquitted. So the evidence of PW.1 to 7 and Ex.P1 to 9 will not prove the guilt of the accused beyond reasonable doubt. Hence, for the above discussion, I answer point No.1 to 7 in the NEGATIVE.
19. POINT No.8: In view of my findings point No.1 to 7 and reasons stated therein, I proceed to pass the following:
18 S.C.1031/2015
ORDER Acting under Sec.235(1) Cr.P.C. accused No.5- Chandra @ Dumma is acquitted for the offences punishable under Sec.143, 148, 341, 324, 326, 307, 506(B) r/w Sec.149 of I.P.C.
Bail bond of the accused stands cancelled forthwith.
(Dictated to the Judgment Writer, transcribed by her, corrected, signed and then pronounced by me in the open court on this the 24th day of November 2016).
(SHIVAJI ANANT NALAWADE) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City.
ANNEXURE Witnesses examined for the prosecution:
PW.1 Suresh CW.1 11-05-2016
PW.2 Ananda CW.3 16-07-2016
PW.3 Manjunatha CW.4 16-07-2016
PW.4 Sarojamma CW.2 25-08-2016
PW.5 Manju CW.5 20-10-2016
PW.6 Rajendra CW.6 20-10-2016
PW.7 Dr.Pradeep CW.16 02-11-2016
19 S.C.1031/2015
Documents marked for the prosecution:
Ex.P1 Complaint PW.1 11-05-2016
Ex.P2(a) Signature of PW.1 PW.1 11-05-2016
Ex.P2 Mahazar PW.1 11-05-2016
Ex.P2(a) Signature of PW.1 PW.1 11-05-2016
Ex.P2(b) Signature of PW.5 PW.5 20-10-2010
Ex.P2(c) Signature of PW.6 PW.6 20-10-2016
Ex.P3 Further statement of PW.1 PW.1 11-05-2016
Ex.P4 Statement of PW.2 PW.2 16-07-2016
Ex.P5 Statement of PW.3 PW.3 16-07-2016
Ex.P6 Statement of PW.4 PW.4 25-08-2016
Ex.P7 Statement of PW.4 PW.4 25-08-2016
Ex.P8 Wound Certificate CW.16 02-11-2016
Ex.P8(a) Signature of PW.7 CW.16 02-11-2016
Ex.P9 Wound Certificate CW.16 02-11-2016
Ex.P9(a) Signature of PW.7 PW.7 02-11-2016
Material objects marked for the prosecution:
NIL Witness examined, documents and material objects marked for the accused:
- Nil -
LXVIII Addl. City Civil and Sessions Judge, Bengaluru City.