Bangalore District Court
The State Of Karnataka vs No.1 : Maria Dilip @ Bijju on 26 November, 2016
IN THE COURT OF THE LI ADDL. CITY CIVIL &
SESSIONS JUDGE AT BENGALURU CITY. (CCH 52)
Dated this the 26th day of November 2016
PRESENT:
Sri G.D.Mahavarkar, M.A., LL.B (Spl),
M.L. (Lab & Indstrl Rlns & Adm. Laws),
LL.M (Business Laws), M.Phil-in-Law
(Juridical Science)
LI Addl. City Civil & Sessions Judge, Bengaluru City.
S.C.No. 1027/2013 (Main case)
Connected
S.C.No. 445/2014 (Clubbed case)
S.C.No. 1027/2013
Complainant : The State of Karnataka,
Represented by it's
The Police Inspector & SHO,
K.G. Halli Police Station,
Bengaluru - 560 045.
(By Public Prosecutor)
Vs.
Accused No.1 : Maria Dilip @ Bijju,
Aged 31 years,
R/a. No.33, 21st Main Road,
New Bagaluru Layout,
Bengaluru - 560 084.
Accused No.2 : Maria Aravind @ Apen,
S/o. Aarogyaswamy,
Aged 22 years,
R/a. No.36, 21st Main Road,
New Bagaluru Layout,
Bengaluru - 560 084.
Accused No.3 : Maria Naveen @ Chokkar,
S/o. Aarogyaswamy,
Aged 26 years,
R/a. No.36, 21st Main Road,
New Bagaluru Layout,
Bengaluru - 560 084.
2 SC No.1027/2013
Connected
SC No.445/2014
Accused No.4 : Maria Susai Vinod @ Vinod
(Abated)
(By M/s Vishnumurthy & Associates,
Advocates)
S.C.No. 445/2014
Complainant : The State of Karnataka,
Represented by it's
The Police Inspector & SHO,
K.G. Halli Police Station,
Bengaluru 560 045.
(By Public Prosecutor)
Vs.
Accused No.5 : Pencil @ Pensalaiah,
S/o. Devaraj,
Aged 40 years,
R/a. No.33, 21st Main Road,
New Bagaluru Layout,
Bengaluru - 560 084.
(By M/s Vishnumurthy & Associates,
Advocates)
1 Date of commission of offence 03.02.2013
2 Date of report of offence 03.02.2013
3 Date of arrest of the accused 07.02.2013 = A.2 & A.3
08.02.2013 = A.1
A.5 voluntarily appeared
before the committal-court
on 15.03.2014
4 Date of release of accused on bail 18.10.2014 = A.1
13.06.2014 = A.2
04.12.2013 = A.3
08.05.2014 = A.5
5 Date of commencement of evidence 14.12.2015
6 Date of closing of evidence 26.08.2016
7 Name of the complainant R. Arun
8 Offences complained of Sections 143, 144, 148,
307 & 302 r/w Sec.149
IPC.
9 Date of pronouncement of judgment 26.11.2016
10 Opinion of the Judge Guilt of the accused-
persons not proved
3 SC No.1027/2013
Connected
SC No.445/2014
11 Order of Sentence As per final-order
COMMON-JUDGMENT
This is an original charge-sheet at SC No.1027/2013, filed
by the Police Inspector & SHO, K.G. Halli police station, Bengaluru
City, leveling the charges against the above said accused-persons
for the commission of the offences punishable U/Secs.143, 144,
148, 307 & 302 r/w Section 149 of IPC in the committal XI ACMM
Court, Bengaluru City, in it's CC No.50151/2013 in connection
with the K.G. Halli P.S. Cr.No.57/2013.
2. This is a split-up charge-sheet at SC No.445/2014, having
been later-on split-up from the SC No.1027/2013 against the
accused No.5 alone in view of he having remained absent, filed by
the Police Inspector & SHO of K.G. Halli police station, Bengaluru
City, leveling the charges against the accused No.5 for the
commission of the offences punishable U/Secs.143, 144, 148, 307
& 302 r/w Section 149 of IPC.
3. This SC No.445/2014 against the accused No.5 having
been split-up from the original SC No.1027/2013 for the same and
similar-offences, this SC No.445/2014 has been clubbed-with
original SC No.1027/2013 as per the order-sheet dated 14.12.2015
of SC No.445/2014 for the purpose of common-evidence and for
disposal on merits by way of common-judgment.
4 SC No.1027/2013
Connected
SC No.445/2014
4. The epitomized facts of the allegations that are leveled
against the above said accused-persons in the charge-sheet/s run
thus:
On 02.02.2013 one Smt Annamary, resident of 25th Cross
Road, Old Bagaluru Layout, within the limits of Kadugondanahalli
police station, Bengaluru City, having demised, her dead-body was
placed in front of her house by her relatives and saying the prayers
and mourning, during which time one Daniel came there-at, at
about 12.45 a.m. in the early-morning-house of 03.02.2013 and
there arose verbal-exchange of words in connection with saying the
prayers and mourning, whereby the mother of the accused No's.1
to 4, Smt Avalin Kumari and the wife of accused No.4/Arokyamary
sustained injuries from the complainant and Daniel, wherefore,
having the animosity in respect of the same, all the accused No's.1
to 5 in prosecution with common-object formed an unlawful
assembly to commit rioting holding the deadly-weapons, such as,
sword, knife, club and etc., on the same-day in the early-morning-
hours at 1.00 a.m., and chased the deceased Daniel from 25th
Cross, Old Bagaluru Layout, towards the Main Road situated in
front of the house of one Smt Kuppamma at 8th Cross, Behind
Higher-Primary School at 21st Main Road, New Bagaluru Layout,
and assaulted the said Daniel and the accused No.1/Maria Dilip @
Bijju assaulted on the head of the deceased Daniel with sword and
5 SC No.1027/2013
Connected
SC No.445/2014
caused the bleeding-grievous-injuries, during which time the
CW.1/Complainant/R. Arun when tried to interfere amidst, the
accused No.4 assaulted with a sword on his head and also pierced
the said sword to his chest and caused the grievous-injuries and
thereafter with the same sword, the accused No.4 also assaulted
on the head of the deceased Daniel, and the accused No.2 stabbed
on the back of Daniel with a knife and also the CW.1 and caused
the bleeding-injuries, and the accused No.3 assaulted on the left-
shoulder of Daniel with a club and also on all over the body and
caused the bleeding-injuries and accused No.5 assaulted with an
iron/steel-pipe on the head and all over the body of Daniel and
also the CW.1 and thereby caused the bleeding-grievous-injuries;
due to which Daniel fell-down at the spot itself due to excess-
bleeding, wherefore, the CW.1/R. Arun escaped and ran towards
the house of Daniel and informed the CW.3/Smt Anjali and
CW.4/Smt Pramila, whereby the said CWs.3 & 4 immediately
visited the spot of incident and shifted the injured-Daniel to the
Bowring Hospital in an auto-rickshaw, but he was reported to be
as demised while he was being shifted to the hospital on the way
itself and thereby all the accused No's.1 to 5 with an intention to
kill, have murdered the deceased Daniel and also attempted to
commit the murder of the CW.1/R. Arun and thereby, the accused-
6 SC No.1027/2013
Connected
SC No.445/2014
persons committed the offences punishable U/Secs.143, 144, 148,
307 & 302 r/w Section 149 of IPC.
5. After filing the charge-sheet, cognizance of the offences
punishable U/Secs.143, 144, 148, 307 & 302 r/w Section 149 of
IPC was taken by XI ACMM Court, Bengaluru City.
In response to the process issued against the accused No's.1
to 5, they have put-in their appearance before the committal-court,
through their learned counsel.
On moving for bail, the accused No.1 has been released on
bail, as per the order dated 14.10.2014 in Crl. Petition
No.5303/2014 of the Hon'ble High Court of Karnataka, Bengaluru.
On moving for bail, the accused No.2 has been released on
bail, as per the order dated 09.06.2014 in Crl. Petition
No.2793/2014 of the Hon'ble High Court of Karnataka, Bengaluru.
On moving for bail, the accused No.3 has been released on
bail, as per the order dated 27.11.2013 in Crl. Petition
No.6320/2013 of the Hon'ble High Court of Karnataka, Bengaluru.
On moving for bail, the accused No.5 has been released on
bail, as per the vide order dated 10.01.2014 in Crl. Misc.
No.26570/2013 by the then FTC - III, Bengaluru City.
Copies of the charge-sheet and other-documents referred to
U/Sec.173 of Cr.P.C. were supplied to the accused-persons, by the
XI ACMM Court, Bengaluru City, in contemplation with the
7 SC No.1027/2013
Connected
SC No.445/2014
provisions U/Sec.207 of Cr.P.C. and thereafter committed the case
to this court in contemplation with the provisions U/Sec.209 of
Cr.P.C.
After hearing both-sides, charges for the offences punishable
U/Secs.143, 148, 307 & 302 r/w Section 149 of IPC were framed,
and the same were read-over, and explained to the accused-
persons in the vernacular best-known to them.
The accused-persons have denied the same and pleaded not
guilty and further claimed to be tried.
6. In order to prove the guilt against the accused-persons, the
prosecution has adduced the evidence of the witnesses, in all as
PWs.1 to 16, and placed it's reliance-on the documents marked at
Exs.P.1 to P.17, P.1(a), P.3(a), P.9(a), P.10(a), P.15(a), P.16(a),
P.17(a) & P.17(b), P.21(a), P.21(b), P.22(a), P.22(b), P.23(a), P.26(a),
P.26(b), P.27(a), and the material-objects marked on behalf of the
prosecution are at MO No's.1 to 17.
7. After the prosecution's-evidence was closed, as the
incriminating-circumstances were arising-out of the evidence of the
prosecution-witnesses, the statements of the accused-persons
under the provisions U/Sec.313 of Cr.P.C., were recorded.
8. I have heard the arguments advanced by both the learned
Public Prosecutor for the State as-well-as the learned counsel for
the accused-persons.
8 SC No.1027/2013
Connected
SC No.445/2014
9. Now, the points that arise for my consideration are:
(1) Whether the death of deceased Daniel is a
homicidal-death?
OR
........ deceased Daniel met with the homicidal-death?
(2) Whether the prosecution proves beyond the
shadow of all the reasonable doubts that, on
02.02.2013 one Smt Annamary, resident of 25th Cross
Road, Old Bagaluru Layout, within the limits of
Kadugondanahalli police station, Bengaluru City,
having demised, her dead-body was placed in front of
her house by her relatives and saying the prayers and
mourning, during which time one Daniel came there-
at, at about 12.45 a.m. in the early-morning-house of
03.02.2013 and there arose verbal-exchange of words
in connection with saying the prayers and mourning,
whereby the mother of the accused No's.1 to 4, Smt
Avalin Kumari and the wife of accused
No.4/Arokyamary sustained injuries from the
complainant and Daniel, wherefore, having the
animosity in respect of the same, all the accused
No's.1 to 5 in prosecution with common-object formed
an unlawful assembly, and thereby, the accused-
persons committed the offence punishable U/Sec.143
r/w Section 149 of IPC?
(3) Whether the prosecution further proves beyond
the shadow of all the reasonable doubts that, on the
above said date, time and place, all the accused No's.1
to 5 in prosecution with common-object formed an
unlawful assembly to commit rioting holding the
9 SC No.1027/2013
Connected
SC No.445/2014
deadly-weapons, such as, sword, knife, club and etc.,
on the same-day in the early-morning-hours at 1.00
a.m., and thereby, the accused-persons committed the
offence punishable U/Sec.148 r/w Section 149 of IPC?
(4) Whether the prosecution further proves beyond
the shadow of all the reasonable doubts that, on the
above said date, time and place, all the accused No's.1
to 5 in prosecution with common-object formed an
unlawful assembly holding the deadly-weapons, such
as, sword, knife, club and etc., at about 1.00 a.m. in
the early-morning-hours on the same-day, chased the
deceased Daniel from 25th Cross, Old Bagaluru
Layout, towards the Main Road situated in front of the
house of one Smt Kuppamma at 8th Cross, Behind
Higher-Primary School at 21st Main Road, New
Bagaluru Layout, and assaulted the said Daniel and
the accused No.1/Maria Dilip @ Bijju assaulted on the
head of the deceased Daniel with sword and caused
the bleeding-grievous-injuries and the accused No.4
assaulted on the head of the deceased Daniel, and the
accused No.2 stabbed on the back of the said Daniel
with a knife, the accused No.3 assaulted on the left-
shoulder of the said Daniel with a club and also on all
over the body and the accused No.5 assaulted with an
iron/steel-pipe on the head and all over the body of
the said Daniel and thereby caused the grievous-
bleeding-injuries, due to which Daniel fell-down at the
spot itself due to excess-bleeding and succumbed to
the said injuries while he was being shifted to the
hospital on the way itself and thereby all the accused
10 SC No.1027/2013
Connected
SC No.445/2014
No's.1 to 5 with an intention to kill him, have
murdered the deceased Daniel, and thereby, the
accused-persons committed the offence punishable
U/Sec.302 r/w Section 149 of IPC?
(5) Whether the prosecution further proves beyond
the shadow of all the reasonable doubts that, on the
above said date, time and place, all the accused No's.1
to 5 in prosecution with common-object formed an
unlawful assembly holding the deadly-weapons, such
as, sword, knife, club and etc., on the same-day in the
early-morning-hours at 1.00 a.m. and chased the
Daniel, during which time the CW.1/Complaiant/R.
Arun when tried to interfere amidst, the accused No.4
assaulted on his head with a sword and pierced the
said sword to his chest and caused the grievous-
bleeding-injuries, the accused No.3 with a club and
the accused No.5 with an iron/steel-pipe assaulted on
all over the body of the complainant/CW.1/R. Arun
and thereby caused the bleeding-grievous-injuries and
attempted to commit the murder of the
complainant/CW.1/R. Arun, and thereby, the
accused-persons committed the offence punishable
U/Sec.307 r/w Section 149 of IPC?
(6) Whether the accused No's.1 to 3 & 5 are liable to
be convicted for the alleged offences?
(7) What order?
10. My findings on the above said points are as under:
Point No.1 .. In the Affirmative.
Point No.2 .. In the Negative.
Point No.3 .. In the Negative.
11 SC No.1027/2013
Connected
SC No.445/2014
Point No.4 .. In the Negative.
Point No.5 .. In the Negative.
Point No.6 .. In the Negative.
Point No.7 .. As per the final-order,
for the following:
REASONS
11. Point No.1:- According to the case of the prosecution, all
the accused No's.1 to 5 in prosecution with common-object formed
an unlawful assembly holding the deadly-weapons, such as,
sword, knife, club and etc., at about 1.00 a.m. in the early-
morning-hours on the same-day, chased the deceased Daniel from
25th Cross, Old Bagaluru Layout, towards the Main Road situated
in front of the house of one Smt Kuppamma at 8th Cross, Behind
Higher-Primary School at 21st Main Road, New Bagaluru Layout,
and assaulted the said Daniel and the accused No.1/Maria Dilip @
Bijju assaulted on the head of the deceased Daniel with sword and
caused the bleeding-grievous-injuries and the accused No.4
assaulted on the head of the deceased Daniel, and the accused
No.2 stabbed on the back of the said Daniel with a knife, the
accused No.3 assaulted on the left-shoulder of the said Daniel with
a club and also on all over the body and the accused No.5
assaulted with an iron/steel-pipe on the head and all over the body
of the said Daniel and thereby caused the grievous-bleeding-
injuries, due to which Daniel fell-down at the spot itself due to
excess-bleeding and succumbed to the said injuries while he was
12 SC No.1027/2013
Connected
SC No.445/2014
being shifted to the hospital on the way itself and thereby all the
accused No's.1 to 5 with an intention to kill him, have murdered
the deceased Daniel, and thereby, the accused-persons committed
the offence punishable U/Sec.302 r/w Section 149 of IPC.
12. Therefore, it is incumbent-upon this court to look-into as
to whether the death of the deceased Daniel is a homicidal-death
or otherwise?. Undoubtedly, there is no dispute in respect of the
death of the said Daniel aged of 39 years, is concerned. But,
however, the dispute is only in respect of the nature of the death of
the deceased i.e., as to how and in what way he has met with the
homicidal-death. In connection with the same, the prosecution
has got examined the PW.7 who is the Medical-Officer/Doctor of
Bowring & Lady Curzon Hospital, Bengaluru, having conducted
the post-mortem of the said dead-body of the deceased Daniel.
13. On meticulous-perusal of the entire-deposition of the
PW.7, he has endeavored to depose in favour of the prosecution in
respect of he having conducted the post-mortem of the dead-body
of the deceased Daniel, to the effect that on 03.02.2013 basing-on
the requisition of the Police-Inspector/investigating-officer of
K.G.Halli police station in connection with it's Cr.No.57/2013, he
has conducted the post-mortem of the dead-body of the deceased
Daniel in the afternoon from 1.00 p.m. to 2.30 p.m. and on
examining the said dead-body, he found the various internal and
13 SC No.1027/2013
Connected
SC No.445/2014
external-injuries in connection with which he has issued his final-
opinion regarding the death of the deceased Daniel as the cause of
death was due to shock as a result of multiple-injuries sustained
and accordingly, he has issued the post-mortem report as per
Ex.P.9. On plain-perusal of the said Ex.P.9/post-mortem report, it
discloses the external-injuries sustained by the deceased Daniel,
as under:
(1) Chop-wound left-side head horizontally placed just
below left-ear lebule while measuring 8 cms X 1 cm
X bone-deep.
(2) Chop-wound left-side head and face horizontally
placed measuring 3 cms X 1 cm placed 2 cms above
X bone-deep on face.
(3) Chop-wound left-side face, and ear measuring 10
cms X 2 cms X bone and cartilage pierce-deep
placed 1.5 cms above previous-injury.
(4) Chop-wound left-side face parallel measuring 8 cms
X 2 cms X bone-deep placed 2 cms above previous-
wound.
(5) Chop-wound left-side-face parallel measuring 6
cms X 1 cm X bone-deep placed 0.5 cm below
previous-wound.
(6) Chop-wound left-side-hand measuring 7.5 cms X
1.5 cms. Bone-deep placed 2 cms above injury,
measuring 4. Underlying bones are fractured.
(7) Chop-wound left-side top-head measuring 2.5 cms
X 1 cm X bone-deep placed 4 cms above previous-
wound.
(8) Lacerated-wound measuring 4.5 cms X 2 cms X
bone-deep is seen over the top-head placed 5 cms
from the hairline, underlying bones are fractured.
(9) Lacerated-wound measuring 2.5 cms X 0.5 cm X
bone-deep is seen over the top of left-side-head
14 SC No.1027/2013
Connected
SC No.445/2014
placed 5 cms left of previous-wound, bone-fractures
are seen pulled-out.
(10) Stab-shaped lacerated-wound is seen over right-
side top of head measuring 6 cms X 7 cms X bone-
deep placed 9 cms above right upper-ear.
(11) Stab-wound is seen over midline right-side of
chest measuring 3 cms X 0.5 cm X chest cavity
deep. Outer-sharp and inner-blunt marginal clean-
cut.
(12) Stab-wound is seen over right-side and line placed
1 cm apart, measuring 3 cms X 0.5 cm X cartilage
pierce-deep, outer-sharp.
(13) Stab-wound is seen right-side chest outer,
measuring 3 cms X 0.5 cm X 2 cms muscle-deep.
Outer and lower-scamp other blunt.
(14) Abrasion is seen over back of left-shoulder
measuring 4.5 cms X 1 cm.
(15) Abrasion is seen over front of left-knee region
measuring 4 cms X 3 cms.
(16) Abrasion is seen over upper front of left-thigh
measuring 11 cms X 0.25 cm.
(17) Stab-wound 2 in number parallel to each-other
measuring 4 cms X 1.5 cms and 3.5 cms X 1.5 cms
each 3.5 cms muscle-deep outer-sharp and inner-
blunt the lower one is placed 15 cms above inner-
line exact and 1.5 cms apart.
14. It is further deposed by the PW.7 that, on 30.04.2013 he
having received the 5 material-objects from the investigating-officer
for the purpose of examination and his opinion there-on in-
consonance-with the anti-mortem-injuries sustained by the
deceased Daniel and accordingly, on examining the said material-
objects, namely, one long-sword, one hallow model-rod, another-
sword, wooden-stick and a knife, he has issued his final-opinion
15 SC No.1027/2013
Connected
SC No.445/2014
with respect to the said material-objects which are marked as per
MO No's.4 to 8, as per Ex.P.10 opining that after examining the
weapons as per MO No's.4 to 8 in-consonance-with the post-
mortem report as per Ex.P.9, the external-injuries mentioned in
Ex.P.9/post-mortem report at Sl.No's.1 to 7 are possible with MO
No's.4 & 5, injury No's.10 to 13 & 17 are possible with MO No's.4
to 6 and injury No's.8, 9, 14 & 16 are possible with MO No's.7 & 8.
15. In support of the same, even the PW.14 being the
Scientific-Officer of FSL, Bengaluru, has endeavored to depose in
favour of the prosecution in her chief-examination to the effect
that, on 09.04.2013 the Inward-Section of the FSL, Bengaluru,
having received the 17 material-objects in connection with
Cr.No.57/2013 of Kadugondanahalli police station with a
requisition for examining them scientifically and issuance of the
scientific-opinion-report, through it's PC No.11148 and
accordingly, she having been entrusted with the said work, all the
said 17 objects having been identified by her, they are marked at
MO No's.1 to 17 and thereafter, she has issued the detailed
expert's-opinion to the effect that MO No's.2 to 17 are found with
the human-bloodstains, in which MO No's.4 to 17 have revealed
the human-bloodstains belonging to 'B' group. In MO No's.2 & 3,
it was not possible to say as to which group the said human-
bloodstains were belonging, whereas, there was no any
16 SC No.1027/2013
Connected
SC No.445/2014
bloodstain/s on the MO No.1 and accordingly, she has issued her
opinion as per Ex.P.16, on which her signature is as per
Ex.P.16(a).
16. On combined-perusal of the very-depositions of the
PWs.7 & 14 coupled-with Exs.P.9, P.10 & P.16, at the very outset,
it is clear that the said deceased Daniel has succumbed to the
grievous-injuries which have been specifically mentioned and
detailed in post-mortem report as per Ex.P.9 and the said injuries
were the results of usage of MO No's.4 to 8/deadly-weapons.
17. Therefore, at the very threshold on the face of record, it
is further clear that the death of deceased Daniel is neither a
natural-death but due to his result of homicidal-attack by other-
persons, in respect of which it will be dealt with herein after. But,
however, it can be safely stated that the death of the deceased
Daniel is a homicidal-death which was due to the shock as a result
of multiple-injuries sustained.
18. Therefore, with these observations, this court is inclined
to answer the Point No.1 in the 'Affirmative'.
19. Point No's.2 to 5:- To avoid reiteration of material
available in hand and to appreciate the evidence in better-position,
I hereby take-up Point No's.2 to 5 together admixingly for
discussion.
17 SC No.1027/2013
Connected
SC No.445/2014
20. It is the specific-tale of the prosecution that, on
02.02.2013 one Smt Annamary, resident of 25th Cross Road, Old
Bagaluru Layout, within the limits of Kadugondanahalli police
station, Bengaluru City, having demised, her dead-body was
placed in front of her house by her relatives and saying the prayers
and mourning, during which time one Daniel came there-at, at
about 12.45 a.m. in the early-morning-house of 03.02.2013 and
there arose verbal-exchange of words in connection with saying the
prayers and mourning, whereby the mother of the accused No's.1
to 4, Smt Avalin Kumari and the wife of accused No.4/Arokyamary
sustained injuries from the complainant and Daniel, wherefore,
having the animosity in respect of the same, all the accused No's.1
to 5 in prosecution with common-object formed an unlawful
assembly to commit rioting holding the deadly-weapons, such as,
sword, knife, club and etc., on the same-day in the early-morning-
hours at 1.00 a.m., and chased the deceased Daniel from 25th
Cross, Old Bagaluru Layout, towards the Main Road situated in
front of the house of one Smt Kuppamma at 8th Cross, Behind
Higher-Primary School at 21st Main Road, New Bagaluru Layout,
and assaulted the said Daniel and the accused No.1/Maria Dilip @
Bijju assaulted on the head of the deceased Daniel with sword and
caused the bleeding-grievous-injuries, during which time the
CW.1/Complainant/R. Arun when tried to interfere amidst, the
18 SC No.1027/2013
Connected
SC No.445/2014
accused No.4 assaulted with a sword on his head and also pierced
the said sword to his chest and caused the grievous-injuries and
thereafter with the same sword, the accused No.4 also assaulted
on the head of the deceased Daniel, and the accused No.2 stabbed
on the back of Daniel with a knife and also the CW.1 and caused
the bleeding-injuries, and the accused No.3 assaulted on the left-
shoulder of Daniel with a club and also on all over the body and
caused the bleeding-injuries and accused No.5 assaulted with an
iron/steel-pipe on the head and all over the body of Daniel and
also the CW.1 and thereby caused the bleeding-grievous-injuries;
due to which Daniel fell-down at the spot itself due to excess-
bleeding, wherefore, the CW.1/R. Arun escaped and ran towards
the house of Daniel and informed the CW.3/Smt Anjali and
CW.4/Smt Pramila, whereby the said CWs.3 & 4 immediately
visited the spot of incident and shifted the injured-Daniel to the
Bowring Hospital in an auto-rickshaw, but he was reported to be
as demised while he was being shifted to the hospital on the way
itself and thereby all the accused No's.1 to 5 with an intention to
kill, have murdered the deceased Daniel and also attempted to
commit the murder of the CW.1/R. Arun and thereby, the accused-
persons committed the offences punishable U/Secs.143, 144, 148,
307 & 302 r/w Section 149 of IPC.
19 SC No.1027/2013
Connected
SC No.445/2014
21. At the very outset, the absolute burden of proving the
alleged imputations against the accused-persons is casted-upon
the prosecution alone in pursuance with the provisions under the
Indian Evidence Act, 1872.
22. To substantiate it's case, the prosecution has got
examined in all the witnesses as PWs.1 to 16, in which CW.1 is
examined as PW.2 who is the complainant as-well-as the
eyewitness, CW.2 is examined as PW.3 who is the mother of the
deceased Daniel and grand-mother of CW.1/PW.2 as-well-as the
circumstantial-witness, CW.3 is examined as PW.4 who is the wife
of deceased Daniel and hearsay-witness, CW.4 is examined as
PW.1 who is the sister-in-law of deceased, spot-mahazar-witness
as-well-as the circumstantial-witness, CWs.7, 8, 9 & 10 are
examined as PWs.9, 5, 8 & 6, respectively, who are the
eyewitnesses, CWs.12 & 14 are examined as PWs.15 & 16,
respectively, who are the inquest-mahazar-witnesses, CW.25 is
examined as PW.7 who is the Medical-Officer having conducted the
post-mortem of the dead-body of the deceased Daniel, CWs.29 &
30 are examined as PWs.12 & 13 who are the Police-Constables,
respectively, having traced-out the accused No's.2 to 4 and
produced before the investigating-officer/CW.34 as-well-as the
circumstantial-witnesses, CW.33 is examined as PW.11 who is the
PSI having recorded the statement/complaint of the complainant-
20 SC No.1027/2013
Connected
SC No.445/2014
CW.1 and CW.35 is examined as PW.14 who is the Scientific-
Officer, FSL, Bengaluru, and thereby, the prosecution has placed
it's reliance-on the documentations marked at Exs.P.1 to P.17, in
which Ex.P.1 is the spot-mahazar, Ex.P1(a) is the signature of the
PW.1, Ex.P.2 is the statement of the PW.1, Ex.P.3 is the statement
of the PW.2, Ex.P.3(a) is the signature of the PW.11, Ex.P.4 is the
additional-statement of the PW.2, Ex.P.5 is the statement of the
PW.3, Ex.P.6 is the statement of the PW.4, Ex.P.7 is the statement
of the PW.5, Ex.P.8 is the statement of the PW.6, Ex.P.9 is the
post-mortem report, Ex.P.9(a) is the signature of the PW.7, Ex.P.10
is the opinion-report, Ex.P.10(a) is the signature of the PW.7,
Ex.P.11 is the statement of the PW.8, Ex.P.12 is the statement of
the PW.9, Ex.P.13 is the statement of the PW.10, Ex.P.14 is the
report issued by the CW.26, Ex.P.15 is the report, Ex.P.15(a) is the
signature of the PW.13, Ex.P.16 is the FSL report, Ex.P.16(a) is the
signature of the PW.14, Ex.P.17 is the inquest-panchanama,
Ex.P.17(a) is the signature of the PW.15 and Ex.P.17(b) is the
signature of the PW.16, and the material-objects marked on behalf
of the prosecution are at MO No's.1 to 17, in which MO No.1 is the
model/sample-cotton, MO No.2 is the bloodstained-cotton, MO
No.3 is the shirt, MO No's.4 & 5 are the swords, MO No.6 is the
knife, MO No.7 is the wooden-club, MO No.8 is the iron-rod, MO
No.9 is the shirt, MO No.10 is the banyan, MO No.11 is the
21 SC No.1027/2013
Connected
SC No.445/2014
sweater, MO No.12 is the jeans-pant, MO No.13 is the T-shirt, MO
No.14 is the banyan, MO No.15 is the underwear, MO No.16 is the
pant and MO No.17 is the wristband.
23. On meticulous-perusal of the entire-depositions of the
PWs.1 to 16, it is clear at the very outset that the CW.1 having
examined as PW.2/R. Arun, CW.2 having examined as PW.3/Smt
L.M. Pongavanam, CW.3 having examined as PW.4/Smt Anjali,
CW.4 having examined as PW.1/Smt Pramila, CW.7 having
examined as PW.9/Smt Amuda, CW.8 having examined as
PW.5/Smt Dhanalakshmi, CW.9 having examined as PW.8/Smt
Kuppamma, CW.10 having examined as PW.6/Smt Usha, CW.11
having examined as PW.10/Ravi, CW.12 having examined as
PW.15/Srinivasa @ Seena and CW.14 having examined as
PW.16/Kaali, have absolutely turned hostile to the prosecution by
exhibiting their animus of hostility, for which the learned Public
Prosecutor was inclined to treat them as hostile-witnesses and
ventured-in to cross-examine them in-extenso; but, no worth-
relying material has been elicited and extracted through their
mouths, wherefore, the prosecution has utterly failed to establish
the Exs.P.1 to P.8, P.11 to P.13 & P.17, respectively.
24. Further, the prosecution has got examined the
CW.33/Veeresh as PW.11 who is the PSI having recorded the
statement/complaint of the CW.1, has endeavored to depose in
22 SC No.1027/2013
Connected
SC No.445/2014
favour of the prosecution in his chief-examination to the effect
that, on 03.02.2013 at about 3.00 a.m. in the early-morning-
hours, on receiving the telephonic-message from Bowring Hospital
that one Arun having sustained the injuries in rioting and got
himself admitted in the Bowring Hospital, immediately he informed
the Police-Inspector/CW.34 on telephone, whereby he came to the
police station and both together went to the Bowring Hospital and
recorded the oral-statement of the injured/CW.1/complainant
from 5.30 a.m. to 6.15 a.m. in the early-morning-hours, as per
Ex.P.3, on which his signature is as per Ex.P.3(a).
25. Further, the CW.29/D.V.Sharanappa and CW.30/M.
Keshavamurthy being the police-constables then, having been got
examined as PWs.12 & 13, respectively, have also endeavored to
depose in favour of the prosecution, wherein the PW.12 has
endeavored to depose to the effect that, on 06.02.2013 as per the
directions of the investigating-officer/CW.34/Police-Inspector
himself and CWs.26 to 28 together were searching the accused-
persons, during which time they having received the information
through the informers that the accused-persons are present near
the bus-stand of Tackel village in Kolar District, they immediately
went near the bus-stand of Tackel village in a private-qualis vehicle
and at that time one of the accused-persons by name Pencil i.e.,
accused No.5 ran-away there-from. But, however, they were able
23 SC No.1027/2013
Connected
SC No.445/2014
to nab the accused No.2/Aravind, accused No.3/Naveen and
accused No.4/Vinod, and after getting confirmed that they are the
persons required in this case, they brought to the police station at
about 5.00 p.m. in the evening, by proceeding to nab him in the
Tackel bus-stand at about 2.00 p.m. and thereby produced the
accused No's.2 to 4 before the Police-Inspector/CW.34, in respect
of which the CW.26 has given a report as per Ex.P.14 and he has
identified the said accused No.2/Aravind, accused No.3/Naveen
and accused No.5/Pencil, in the open-court. Similarly, the PW.13
has also endeavored to depose in favour of the prosecution in his
chief-examination to the effect that, he seen the accused
No.1/Maria Dilip @ Bijju and identified in the open-court and
further deposed that on 08.02.2013 while the said accused
No.1/Maria Dilip was taking the medical-treatment in Ambedkar
Hospital as indoor-patient, on the same-day even at about 4.00
p.m. in the evening after his discharge from the said hospital, he
produced the accused before the Police-Inspector/CW.34 in the
police station with a report as per Ex.P.15, on which his signature
is as per Ex.P.15(a).
26. During the time of trial, the learned Public Prosecutor
has voluntarily given-up the CWs.26 to 29, 31 & 32. Despite,
having issued sufficient-process to the other-witnesses, namely,
CWs.5, 6, 13, 15 to 24 & 34, the concerned police have neither
24 SC No.1027/2013
Connected
SC No.445/2014
seriously endeavored to serve/execute the process nor they have
kept their presence before this court in the witness-box to get
examined in favour of the prosecution, wherefore, in the lack of
substantial-reasons, this court was inclined to reject the prayer of
the learned Public Prosecutor and dropped the CWs.5, 6, 13, 15 to
24 & 34 and closed the prosecution's-side.
27. On meticulous-consideration of the entire-depositions of
the PWs.1 to 16, it is crystal clear that the PWs.1 to 7, 9 to 11, 15
& 16 being the material-witnesses have absolutely turned hostile
to the prosecution, wherefore, it has utterly failed to establish the
Exs.P.1 to P.8, 11 to 13 & 17, respectively.
28. It is no doubt, while answering the Point No.1 herein
before supra, the death of deceased Daniel is held to be homicidal-
death, in respect of which the Medical-Officer of Bowring Hospital
has been examined by the prosecution as PW.7, who has issued
the post-mortem report as per Ex.P.9 and his final-opinion with
regard to MO No's.4 to 8 on examining the same as per Ex.P.10, on
which his signatures are as per Exs.P.9(a) & P.10(a), respectively.
Even, the very-deposition of the PW.14 who is the Scientific-Officer
in FSL, Bengaluru, as discussed herein before supra, is emanating
in favour of the very-case of the prosecution with regard to MO
No's.1 to 17 and Ex.P.16/opinion-report. But, the seizure of the
said MO No's.1 to 17 is yet to be established by the prosecution.
25 SC No.1027/2013
Connected
SC No.445/2014
Merely having taken-into consideration, the said MO No's.1 to 7
with reference to the said Ex.P.16/expert's-opinion, it does-not
mean that they are absolutely well-established by the prosecution
with respect to the seizures are concerned, except regarding their
collateral corroborative-sense of evidence in support of the very-
deposition of PW.7 coupled-with Exs.P.9 & P.10/post-mortem-
report and final-opinion-report of the MO No's.4 to 8, respectively.
Admittedly, the PWs.12 & 13 being the police-constables have
endeavored to depose in favour of the prosecution regarding the
tracing and nabbing the accused-persons before the investigating-
officer/CW.34, whereas, the PW.11 is a mere PSI having
accompanied the Police-Inspector/CW.34 to the hospital just to
record the oral-statement/complaint of the complainant in the
hospital. Except this, there is no role of PW.11 in the case as per
his versions. Therefore, the very-depositions of the PWs.11 to 13
being prevailing in the nature of the circumstantial-witnesses,
their mere-depositions do-not stand as the substantial and
independent-evidence in favour of the prosecution's-tale with any
kind of favourable consequences.
29. At the very outset, there is no any independent-evidence
and no material to establish the nexus and connectivity between
each and every circumstances involved in the case to form the
complete circle/ring to hold regarding the commission of the
26 SC No.1027/2013
Connected
SC No.445/2014
alleged offences of Sections 143, 148, 307 & 302 r/w Section 149
of IPC, by the accused themselves, in favour of the prosecution.
30. To put-into simple-terms, there is no any substantial
chunk of material in favour of the prosecution to hold that the
accused themselves have caused the homicidal-death of deceased
Daniel amounting to murder and also the injuries to the
complainant/CW.1/R. Arun and attempted to commit his murder.
Therefore, under these circumstances, the prosecution having
utterly failed to establish and prove all the essential ingredients of
the alleged offences punishable U/Secs.143, 148, 302 & 307 r/w
Section 149 of IPC against the accused-persons, this court is
inclined to answer the Point No's.2 to 5 in the 'Negative'.
31. Point No.6:- Admittedly, while answering the Point No.1
in the Affirmative, this court has already arrived-at a conclusion
that the death of deceased Daniel is a homicidal-death, basing-on
the very-deposition of PW.7/Medical-Officer who has conducted
the post-mortem and the PW.14/Scientific-Officer, FSL, Bengaluru,
coupled-with Ex.P.9/post-mortem report, Ex.P.10/Doctor's-
opinion regarding the MO No's.4 to 8 and Ex.P.16/expert's-
opinion. But, in respect of the alleged offences as stated herein
before supra, there is no material chunk of evidence in favour of
the prosecution to establish all the essential mandatory
ingredients of the said alleged offences punishable U/Sections 143,
27 SC No.1027/2013
Connected
SC No.445/2014
148, 302 & 307 r/w Section 149 of IPC to firmly say that the
accused themselves have committed the alleged offences, because
at the very outset, the prosecution has failed to prove the complete
ring/circle of all the circumstances with the strong-nexus and
connectivity between themselves to say that the accused
themselves have committed the said alleged offences. Merely
basing-on the very-depositions of the PWs.7 & 11 to 14, this court
cannot arrive-at a conclusion to target the accused-persons for the
conviction in the lack of substantial chunk of material, though it is
held that the death of deceased Daniel is a homicidal-death. But,
the prosecution has utterly failed to establish the said alleged
homicidal-death with the accused-persons.
32. Therefore, under all these circumstances, this court is of
the clear opinion that, the entire-case of the prosecution is
prevailing with the major discrepancies, discrepanting the entire-
case of the prosecution, creating the fatal-doubts in the mind of
this court, without any alimentation. Therefore, the benefit of such
doubts will have to be given to the accused-persons by virtue of a
well-settled principle of criminal jurisprudence. Under all these
circumstances, even it is highly impossible and improbable to
ameliorate regarding the alleged imputations against the accused
No's.1, 2, 3 & 5, respectively.
28 SC No.1027/2013
Connected
SC No.445/2014
33. Therefore, in view of all these reasons, this court is of the
opinion that the accused No's.1, 2, 3 & 5 are not liable to be
convicted. Hence, this court is inclined to answer the Point No.6 in
the 'Negative'.
34. Point No.7:- For the reasons discussed at much-length
while answering the Point No.1 in the Affirmative and Point No's.2
to 6 in the Negative, herein before supra, this court is inclined to
proceed to pass the following:
O R D E R
The prosecution has utterly failed to prove the guilt against the Accused No's.1, 2, 3 & 5, respectively, and therefore, the Accused No's.1, 2, 3 & 5, respectively, are found not guilty for having committed the offences U/Secs.143, 148, 307 & 302 r/w Section 149 of IPC.
In exercise of the powers conferred-upon me U/Sec.235(1) of Cr.P.C., I hereby acquit the instant- Accused No.1 in SC No.1027/2013, by name, Maria Dilip @ Bijju, aged 31 years, residing at No.33, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084; the instant- Accused No.2 in SC No.1027/2013, by name, Maria Aravind @ Apen, S/o Arokya Swamy, aged 22 years, residing at No.36, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084; the instant-Accused No.3 in SC No.1027/2013, by name, Maria Naveen @ Chokkar, S/o. Arokya Swamy, aged 26 years, residing at No.36, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084, and the instant-Accused No.5 in split-up SC 29 SC No.1027/2013 Connected SC No.445/2014 No.445/2014, by name, Pencil @ Pensalaiah, S/o Devaraj, aged 40 years, residing at No.33, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084, and set them to liberty forthwith in these-cases.
The instant-Accused No.1 in SC No.1027/2013, by name, Maria Dilip @ Bijju, aged 31 years, residing at No.33, 21st Main Road, New Bagaluru Layout, Bengaluru
- 560 084; the instant-Accused No.2 in SC No.1027/2013, by name, Maria Aravind @ Apen, S/o Arokya Swamy, aged 22 years, residing at No.36, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084; the instant-Accused No.3 in SC No.1027/2013, by name, Maria Naveen @ Chokkar, S/o. Arokya Swamy, aged 26 years, residing at No.36, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084, and the instant-Accused No.5 in split-up SC No.445/2014, by name, Pencil @ Pensalaiah, S/o Devaraj, aged 40 years, residing at No.33, 21st Main Road, New Bagaluru Layout, Bengaluru
- 560 084, are hereby discharged of their bail-bonds, along-with their sureties.
The seized-properties marked at MO No's.4, 5, 6 & 8, namely, swords, knife & iron-pipe, respectively, are hereby ordered to be confiscated to the Exchequer of the State Government after the efflux of the appeal-period.
The seized-properties marked at MO No's.1 to 3, 7 & 9 to 17, namely, model/sample-cotton, bloodstained- cotton, shirt, wooden-club, shirt, banyan, sweater, jeans- pant, T-shirt, banyan, underwear, pant and wristband, respectively, being worthless, are hereby ordered to be destroyed after the efflux of the appeal-period.
30 SC No.1027/2013Connected SC No.445/2014 The first-copy of this judgment shall be kept in the case-file of SC No.1027/2013 and the second-copy shall be kept in the case-file of split-up SC No.445/2014.
(Dictated to the Judgment Writer, transcribed and typed by him and after corrections, printout taken and then pronounced and signed by me in the open Court, on this the 26th day of November, 2016) (G.D.Mahavarkar) LI Addl. City Civil & Sessions Judge, Bengaluru City.
APPENDIX List of the witnesses examined for the prosecution-side in SC No.1027/2013 & SC No.445/2014:
PW.1 Smt Pramila PW.2 R. Arun PW.3 Smt L.M. Pongavanam PW.4 Smt Anjali PW.5 Smt Dhanalakshmi PW.6 Smt Usha PW.7 Dr. Sathish K.V. PW.8 Smt Kuppamma PW.9 Smt Amuda PW.10 Ravi PW.11 Veeresh PW.12 Sharanappa D.V. PW.13 Keshavamurthy M PW.14 Smt Malathi PW.15 Srinivasa @ Seena PW.16 Kaali
List of documents exhibited for the prosecution-side in SC No.1027/2013 & SC No.445/2014:
Ex.P.1 Spot-mahazar.
Ex.P.1(a) Signature of the PW.1.
Ex.P.2 Statement of the PW.1.
Ex.P.3 Statement of the PW.2.
Ex.P.3(a) Signature of the PW.11.
31 SC No.1027/2013
Connected
SC No.445/2014
Ex.P.4 Additional-statement of the PW.2.
Ex.P.5 Statement of the PW.3.
Ex.P.6 Statement of the PW.4.
Ex.P.7 Statement of the PW.5.
Ex.P.8 Statement of the PW.6.
Ex.P.9 Post-mortem-report.
Ex.P.9(a) Signature of the PW.7.
Ex.P.10 Opinion.
Ex.P.10(a) Signature of the PW.7.
Ex.P.11 Statement of the PW.8.
Ex.P.12 Statement of the PW.9.
Ex.P.13 Statement of the PW.10.
Ex.P.14 Report issued by the CW.26.
Ex.P.15 Report.
Ex.P.15(a) Signature of the PW.13.
Ex.P.16 FSL Report.
Ex.P.16(a) Signature of the PW.14.
Ex.P.17 Inquest-panchanama.
Ex.P.17(a) Signature of the PW.15.
Ex.P.17 (b) Signature of the PW.16.
List of material-objects marked for the prosecution-side in SC No.1027/2013 & SC No.445/2014:
MO No.1 Model/sample-cotton. MO No.2 Bloodstained-cotton.
MO No.3 Shirt. MO No's.4 & 5 Swords. MO No.6 Knife. MO No.7 Wooden-club. MO No.8 Iron-pipe. MO No.9 Shirt. MO No.10 Banyan. MO No.11 Sweater. MO No.12 Jeans-pant. MO No.13 T-shirt. MO No.14 Banyan. MO No.15 Underwear. MO No.16 Pant. MO No.17 Wristband. List of witnesses examined for the defence-side in SC
No.1027/2013 & SC No.445/2014:
- NIL -32 SC No.1027/2013
Connected SC No.445/2014 List of documents exhibited for the defence-side in SC No.1027/2013 & SC No.445/2014:
- NIL -
LI Addl. City Civil & Sessions Judge, Bengaluru City.
.33 SC No.1027/2013
Connected SC No.445/2014 (Judgment pronounced in the open-court. Operative- portion of the same is extracted as under) ORDER The prosecution has utterly failed to prove the guilt against the Accused No's.1, 2, 3 & 5, respectively, and therefore, the Accused No's.1, 2, 3 & 5, respectively, are found not guilty for having committed the offences U/Secs.143, 148, 307 & 302 r/w Section 149 of IPC.
In exercise of the powers conferred-upon me U/Sec.235(1) of Cr.P.C., I hereby acquit the instant- Accused No.1 in SC No.1027/2013, by name, Maria Dilip @ Bijju, aged 31 years, residing at No.33, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084; the instant-Accused No.2 in SC No.1027/2013, by name, Maria Aravind @ Apen, S/o Arokya Swamy, aged 22 years, residing at No.36, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084; the instant-Accused No.3 in SC No.1027/2013, by name, Maria Naveen @ Chokkar, S/o. Arokya Swamy, aged 26 years, residing at No.36, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084, and the instant-Accused No.5 in split-up SC No.445/2014, by name, Pencil @ Pensalaiah, S/o Devaraj, aged 40 years, residing at No.33, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084, and set them to liberty forthwith in these-cases.
The instant- Accused No.1 in SC No.1027/2013, by name, Maria Dilip @ Bijju, aged 31 years, residing at No.33, 21st 34 SC No.1027/2013 Connected SC No.445/2014 Main Road, New Bagaluru Layout, Bengaluru - 560 084;
the instant-Accused No.2 in SC No.1027/2013, by name, Maria Aravind @ Apen, S/o Arokya Swamy, aged 22 years, residing at No.36, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084; the instant-Accused No.3 in SC No.1027/2013, by name, Maria Naveen @ Chokkar, S/o. Arokya Swamy, aged 26 years, residing at No.36, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084, and the instant-Accused No.5 in split-up SC No.445/2014, by name, Pencil @ Pensalaiah, S/o Devaraj, aged 40 years, residing at No.33, 21st Main Road, New Bagaluru Layout, Bengaluru - 560 084, are hereby discharged of their bail-bonds, along-with their sureties.
The seized-properties marked at MO No's.4, 5, 6 & 8, namely, swords, knife & iron- pipe, respectively, are hereby ordered to be confiscated to the Exchequer of the State Government after the efflux of the appeal-period.
The seized-properties marked at MO No's.1 to 3, 7 & 9 to 17, namely, model/sample- cotton, bloodstained-cotton, shirt, wooden-club, shirt, banyan, sweater, jeans-pant, T- shirt, banyan, underwear, pant and wristband, respectively, being worthless, are hereby ordered to be destroyed after the efflux of the appeal-period.
LI ACC & SJ, Bengaluru City.
35 SC No.1027/2013Connected SC No.445/2014 36 SC No.1027/2013 Connected SC No.445/2014