Bangalore District Court
State By vs Shekhar S/O Renukappa on 26 July, 2016
IN THE COURT OF LXVII ADDL CITY CIVIL AND
SESSIONS JUDGE; BENGALURU CITY (CCH.No.68)
PRESENT
SRI.CHANDRASHEKHAR MARGOOR, B.Sc., LL.B.(Spl)
LXVII ADDL CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Dated this the 26th day of July 2016.
S.C.No.258/2015
COMPLAINANT: State by
Jayanagar Police Station,
Bengaluru.
(By learned Public Prosecutor)
.Vs.
ACCUSED : 1. Shekhar S/o Renukappa,
Aged about 31 years,
R/at No.204, 3rd Cross,
Tata Silk Farm, Kanakapura Main
Road, Basavanagudi,
Bengaluru.
2. Veeraswamy,
S/o Soundar Rajan,
Aged about 29 years,
R/at No.27B, 5th B Main Road,
Obalappa Garden,
Kanakapura Main Road,
Banashankari,
Bengaluru.
3. Kiran Rao S/o Shankara Rao,
Aged about 24 years,
R/at No.104, Opp:Srirama Wines,
Kaveri Nagara,
Banashankari,
Bengaluru.
2 S.C.No.258/2015
4. Nithin Gowda,
S/o Soma @ Puttegowda,
Aged about 19 years,
Residing behind Anjaneya temple,
1st Cross, Yediyuru,
Kanakapura Main Road,
Bengaluru.
5. Palani ............... Absconding.
(Accused Nos.1 to 4 - Sri.K.P.P., Adv.
JUDGMENT
The Police Inspector of Jayanagar Police Station, Bengaluru has filed the charge sheet against the accused alleging that accused persons have committed the offences punishable under Sections 399 and 402 of I.P.C.
2. The case against accused No.5 was split-up and a separate case has been registered against him in C.C.No.5273/2015. The learned II Addl.C.M.M., Bengaluru after complying with the provisions under Section 207 Cr.P.C., committed the case to the Court of Prl. City Civil & Sessions Judge, Bangalore under Section 209 Cr.P.C., as the alleged offences are exclusively triable by the Court of Sessions and thereafter, this case is made over to this court for trial in accordance with law. The accused Nos.1 to 4 were in Judicial Custody at the time of committal of the case.
3. Brief facts of the case of prosecution are as follows :
On 6.11.2014 at about 10-15 p.m., C.W.1- Sri.M.P.Lokesh, Police Inspector of Jayanagar Police Station, 3 S.C.No.258/2015 Bengaluru had received the credible information that at the vacant space, near K.E.B.Office, situated at 3rd Main Road, 45th Cross, 8th Block, Jayanagar, within the jurisdiction of Jayanagar Police Station, Bengaluru, the accused Nos.1 to 5 were making preparation to commit dacoity on the passers thereon by parking Tayota Qualis Vehicle, holding deadly weapons like long, knife, etc., in their hands.
The complainant C.W.1 on receiving the credible information went to the spot along with his staff and panchas at about 10-35 p.m., and after ascertaining by hearing their conversations, surrounded them and apprehended the accused Nos.1 to 4 and the accused No.5 was succeeded in fleeing away from the spot. The police have noticed the deadly weapons found in the possession of the accused Nos.1 to 4 and seized them along with vehicle under the mahazar. Thereafter, took the accused Nos.1 to 4 to the police station along with the seized articles, registered the crime in their Police Station Crime No.323/2014 for the offences under Sections 399 and 402 of I.P.C. Thereafter, he recorded the voluntary statements of the accused Nos.1 to 4 and the statements of panchas. Later, he produced the accused Nos.1 to 4 before the jurisdictional Magistrate, who in turn remanded them to the judicial custody. After completing the investigation, he filed the charge sheet against the accused Nos.1 to 4 for the aforesaid offences, by showing the name of the accused No.5 as absconding.
4. After committal of the case, the accused Nos.1 to 4 were enlarged on bail. There is prima-facie case against the 4 S.C.No.258/2015 accused Nos.1 to 4. Hence, charge is framed against the accused Nos.1 to 4 for the offences under Sections 399 and 402 of I.P.C. The accused Nos.1 to 4 have pleaded not guilty and claimed to be tried. Hence, prosecution was called upon to prove its case by examining its witnesses.
5. In order to bring home the guilt of the accused Nos.1 to 4, the prosecution has examined three witnesses as P.Ws.1 to 3 and got marked the documents Exs.P.1 to 6 and M.Os.1 and 2. After closure of the evidence on the side of prosecution, statement of accused Nos.1 to 4 under Section 313 Cr.P.C., was recorded and the accused Nos.1 to 4 have denied the incriminating evidence stated against them and not lead defense evidence on their behalf.
6. Heard the arguments of the learned Public Prosecutor and the learned counsel for the accused Nos.1 to 4.
7. In view of the evidence of prosecution witnesses and the arguments of learned P.P., and learned advocate for accused Nos.1 to 4, the points which arise for my consideration are :
1. Whether the prosecution has proved its case beyond all reasonable doubt that on 6.11.2014 at about 10-35 p.m., at the vacant space, near K.E.B.Office, situated at 3rd Main Road, 45th Cross, 8th Block, Jayanagar, within the jurisdiction of Jayanagar Police Station, Bengaluru, the accused Nos.1 to 4 along with absconding accused No.5 were making preparation to commit dacoity on the passers thereon by parking Tayota Qualis Vehicle, holding 5 S.C.No.258/2015 deadly weapons like long, knife, etc., in their hands and thereby, committed the offences punishable under Sections 399 and 402 of I.P.C. ?
2. What Order ?
8. My findings on the above points are as under :
POINT No.1 - In the Negative,
POINT No.2 - As per final order,
for the following :
REASONS
9. POINT No.1 : The Police Inspector of Jayanagar Police Station, Bengaluru has laid the charge sheet against the accused for the offences punishable under Sections 399 and 402 of I.P.C.
The prosecution in order to bring home the guilt against the accused Nos.1 to 4 has got examined three witnesses as P.Ws.1 to 3 and got marked the documents Exs.P.1 to 6 and M.Os.1 and 2.
10. The P.W.1, the then P.I. of Jayanagar Police Station has deposed that, on 06.11.2014 at 10.15 p.m., when he was at their Police Station, he received the credible information stating that near KEB office situated at 3rd Main, 45th Cross, 8th Block, Jayanagar, there are about 4 to 5 persons were making preparations to commit dacoity by holding deadly weapons in their hands by parking their Toyota Qualis vehicle. Therefore, he secured the panchas and also his staff 6 S.C.No.258/2015 and disclosed about the information received by him. He along with the panchas and staff had been near the spot in a departmental vehicle by leaving their Police Station at 10.25 p.m. and reached the spot by parking their vehicle some distance away from the said spot. The P.W.1 has directed the C.W.6 to confirm the credible information received by him and asked him to make gesture. Accordingly, the C.W.6 went near the spot and confirmed about the credible information and made gesture. Therefore, the P.W.1 along with his staff and panchas surrounded the said persons and succeeded in apprehending 4 persons and 1 person was succeeded in fleeing away from the spot. After enquiry, they disclosed their names as A-1 to A-4 and also disclosed the name of the absconding person as A-5. After thorough search, the accused No.1 was in possession of knife. The remaining accused were not holding any deadly weapons. They searched the Toyota Qualis vehicle bearing registration No.KA-02/B-2760, a long was noticed inside the said vehicle and P.W.1 has seized the said long and knife under the mahazar Ex.P.1 in the presence of panchas and taken the apprehended accused Nos.1 to 4 along with seized articles including the said vehicle to the Police Station and registered the crime against the accused in their Police Station Crime No.323/2014 for the offences punishable under Sec.399 and 402 of IPC, on the strength of the self report Ex.P.4, he subjected the said articles under the P.F. vide Ex.P.6 and sent the F.I.R.-Ex.P.5 to the court and his superiors. He arrested the accused Nos.1 to 4 and recorded the voluntary statements 7 S.C.No.258/2015 of the accused and also recorded the statements of the panchas and his staff and produced the accused before the court on 07.11.2014. On 26.12.2014, the P.W.1 has laid the charge sheet against the accused, as the investigation was completed.
11. The P.W.1 has denied that, he has not gone to the spot through their departmental vehicle. But in-fact, Ex.P.1 mahazar discloses that, they have been to the spot through private vehicle. Therefore, it creates doubt in the mind of the court about the alleged raid itself as to whether, the P.W.1 and his staff have gone to the said spot and arrested the accused Nos.1 to 4 and seized M.Os.1 and 2 at the spot along with Toyota Qualis vehicle and its photos are marked as Exs.P.2 and 3. The P.W.1 has further admitted that, M.O.1- Long, which is marked before the court was not covered with any article. M.O.1 is shown to the P.W.1. The old waste cloth was inserted near the handle of the said long. The P.W.1 has failed to explain how the waste cloth is inserted in the handle of the said long. The Ex.P.1 mahazar is not finding place about the existence of the waste cloth near the handle of the said long. Ex.P.4-self report of the P.W.1 basing on which, the crime was registered against the accused is also not finding place about the existence of the said waste cloth near the handle of the said long. Therefore, it gives benefit of doubt to the accused, which leads for acquittal of the accused, as the prosecution has failed to explain the existence of the said waste cloth near the handle of the long.
8 S.C.No.258/2015The P.W.1 has also categorically admitted if, anything will be seized along with article, the same will be mentioned in the mahazar Ex.P.1, but the mahazar is not finding place about the existence of the said waste cloth near the handle of the long.
12. P.Ws.2, who is the H.C. and P.W.3, who was the then ASI of Jayanagar Police Station have deposed that, on 06.11.2014 at about 10.20 p.m. P.W.1 disclosed about the credible information received by him i.e., near the KEB Office, at 3rd Main, 45th Cross, 8th Block, Jayangar. there were about 4 to 5 persons making preparations to commit dacoity on the passersby by holding deadly weapons in their hands. The P.W.1 has secured panchas and also his staff and disclosed about the credible information received by him. They have been to the said spot through private vehicle and parked their vehicle some distance away from the said spot and confirmed about the said information received by him through P.W.2 as per the directions of P.W.1. Thereafter, the P.Ws.1 to 3, his staff and panchas have surrounded and apprehended 4 persons and 1 person was succeeded in fleeing away from the said spot. The P.W.1 has enquired about their names. They disclosed their names as A-1 to A-4 and absconding person name as A-5. After thorough search, A-1 was in possession of knife and they have searched the Qualis vehicle. The P.W.2 has further stated that, after search of the said Qualis vehicle, it was containing another knife. The P.W.3 has stated that, the said vehicle was containing long at the 9 S.C.No.258/2015 backside seat of the said vehicle. The P.W.1 has seized the said articles under the mahazar Ex.P.1 in presence of panchas and taken the A-1 to A-4 along with seized articles including the said vehicle to the Police Station. He has recorded the statements of P.Ws.2 and 3. They have identified M.Os.1 and 2 and also accused and also Exs.P.2 and 3 the photographs of the said Qualis vehicle. There is a contradictory version in the evidence of P.Ws.1 to 3 with respect to presence of long in the said vehicle. According to the evidence of P.Ws.1 and 3, the said vehicle was containing M.O.1 Long. But, according to P.W.1 and 3, the Qualis vehicle was containing M.O.1 Knife without the waste cloth covered near the handle of the said long. But, P.W.2 has deposed that, the knife was inside the said vehicle. It creates doubt in the mind of the court as to whether, the P.Ws.1 to 3 have actually have been to the spot and apprehended A-1 to A-4 and seized M.Os.1 and 2 at the said spot. The P.Ws.1 to 3, who are the police officials, whose evidence are not corroborated by any independent prosecution witnesses. The P.W.3 has corroborated the version of the P.W.1 in respect of the M.O.1, it is not containing any waste cloth near the handle of the said Long. The prosecution has failed to secure the independent panchas i.e., C.Ws.2 and 3, though efforts have made to secure them, but the report of the police reveals that, they have left the address. Therefore, C.Ws.2 and 3 were dropped. The prosecution has miserably failed to bring home the guilt against the accused Nos.1 to 4 beyond all reasonable doubt. Hence, the accused Nos.1 to 4 are 10 S.C.No.258/2015 entitled for acquittal on the ground of benefit of doubt. Accordingly, I answer the Point No.1 in the Negative.
13. POINT No.2: In view of my finding on Point No.1 as above, my finding on this point is as per the following;
ORDER Acting under Section 235 Cr.P.C., accused Nos.1 to 4 are acquitted for the offences punishable under Sections 399 and 402 of IPC. Their bail bonds and surety bonds stand cancelled.
M.Os.1 & 2 shall be retained till disposal of the absconding accused No.5.
(Dictated to the Stenographer, transcript thereof is corrected and then pronounced by me in the open court on this the 26th day of July, 2016) (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.
ANNEXURE
1. LIST OF WITNESSES EXAMINED FOR PROSECUTION :
P.W.1 M.P.Lokesh
P.W.2 Kemparaju
P.W.3 Muniyappa
2. LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:
Ex.P.1 Mahazar
Ex.P.1(a) Signature of P.W.1
Ex.P.2 1 Photo of Qualis Vehicle
Ex.P.3 1 Photo of Qualis Vehicle
11 S.C.No.258/2015
Ex.P.4 Report
Ex.P.4(a) Signature of P.W.1
Ex.P.5 F.I.R
Ex.P.5(a) Signature of P.W.1
Ex.P.6 Property Form
Ex.P.6(a) Signature of P.W.1
3. LIST OF MATERIAL OBJECTS PRODUCED AND GOT MARKED FOR PROSECUTION;
M.O.1 Long
M.O.2 Knife
4. LIST OF WITNESSES EXAMINED & DOCUMENTS EXHIBITED FOR ACCUSED :
- NIL -
[ (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.