Bangalore District Court
State By Jagajeevanramnagar vs No.: 5. Johnson on 18 January, 2016
1 SC.No.685/2013
IN THE COURT OF THE LIX ADDL.CITY CIVIL
& SESSIONS JUDGE, BANGALORE CITY
Dated this the 18th day of January 2016
PRESENT
************
Sri Deshpande.G.S, B.com. LL.M
LIX ADDL.CITY CIVIL & SESSIONS JUDGE,
BANGALORE CITY
S.C.No.685/2013
COMPLAINANT: State by Jagajeevanramnagar
Police Station,
Bangalore.
(Represented by Learned
Public Prosecutor, Bangalore.
Vs.
ACCUSED No.: 5. Johnson
S/o Raju
Aged about 25 years
Rayapura, J.J. Nagara,
Bangalore.
1. Date of Commission : 12.12.2004
of Offence
2. Date of Report : 12.12.2004
of Offence
3. Date of arrest of accused : Accused No.5 is on bail
2 SC.No.685/2013
4. Name of the complainant : Sri Prabhuraj,
Police Officer
5. Date of Commencement :
16.12.2015
evidence
6. Date of Closing of :
16.12.2015
Evidence
7. Offences complained of : Sections 399 and 400
of I.P.C.
8. Opinion of the Judge : Accused No.5 not found
guilty
JUDGMENT
The Sub-Inspector of Police, Jagajeevanramnagar police station has filed the split-up charge sheet against the accused No.5 alleging that, he has committed the offences punishable under Sections 399 and 400 of IPC along with other accused.
2. The case of the prosecution in brief is that:-
On 12.12.2004 at about 5.10 P.M. the complainant P.S.I. has received a credible information that, 4-5 persons belong to the gang of dacoits habitually committing dacoity were making 3 SC.No.685/2013 preparation to commit dacoity by keeping deadly weapons in the open space behind the Kanakadurga Wine Store, Raipura Main road, Mysore road, Bangalore. Accordingly himself and his staff and mahazar witnesses - CWs.2 to 9 went there and noticed that, the accused were making preparation to commit dacoity. They have arrested accused Nos.1 to 4 and seized M.O.1 to 4 - club, iron rod, knife and long from them by drawing a mahazar as per Ex.P.1, in the presence of mahazar witnesses. Accused No.5 ran away from that place. Thereafter, the accused Nos.1 to 4 brought to the police station, the complainant - P.S.I. prepared the report. On the basis of the same case was registered in Crime No.183/2004 and FIR was sent to the court. After completion of investigation formalities, said P.S.I. has filed the charge sheet against the accused Nos.1 to 5 alleging that, they have committed the offences punishable under Sections 399 and 400 of IPC.4 SC.No.685/2013
3. Since the accused No.5 was absconding, case against him was split-up. Thereafter, this accused appeared before the court and released on bail.
4. Since the above said offences are exclusively triable by Court of Sessions, this case was committed to this court under Sec.209 of Cr.P.C.
5. After appearance of Accused No.5 before this court, charges framed and same were read over and explained to the accused. He pleaded not guilty and claimed to be tried. Therefore, the case was posted for prosecution evidence.
6. The prosecution in support of its case has examined one witness as P.W.1 and got marked one document as Ex.P.1. Seized properties are marked as M.O.1 to 4. Thereafter, statement of the accused under Section 313 of Cr.P.C. recorded. On behalf of the accused No.5, no witnesses examined and no documents marked. 5 SC.No.685/2013
7. Heard the arguments of the learned Public Prosecutor for the State and the learned counsel for the accused.
8. On the basis of the above materials, the following points arise for my consideration:-
1. Whether the prosecution proves that on 12.12.2004 at about 5.10 P.M. in the open space behind the Kanakadurga Wine Stores, Raipura Main road, Mysore road, Bangalore, the accused No.5 along with other accused was making preparation to commit dacoity by keeping deadly weapons and thereby the accused No.5 has committed the offence punishable under Section 399 of IPC?
2. Whether the prosecution proves that, on the said date, time and place the accused No.5 belong to a gang dacoits found habitually committing dacoity along with other accused and thereby the accused No.5 has committed the offence punishable under Section 400 of IPC?
3. What Order?
9. My findings to the above points are as under:-
POINT No.1 & 2 :- In the Negative
6 SC.No.685/2013
POINT No.3:- As per final order,
for the following:-
REASONS
10. Point No. 1 & 2 :- The case of the prosecution in brief is that, on 12.12.2004 at about 5.10 P.M. the complainant P.S.I. has received a credible information that, 4-5 persons belong to the gang of dacoits habitually committing dacoity were making preparation to commit dacoity by keeping deadly weapons in the open space behind the Kanakadurga Wine Store, Raipura Main road, Mysore road, Bangalore. Accordingly himself and his staff and mahazar witnesses - CWs.2 to 9 went there and noticed that, the accused were making preparation to commit dacoity. They have arrested accused Nos.1 to 4 and seized M.O.1 to 4 - club, iron rod, knife and long from them by drawing a mahazar as per Ex.P.1, in the presence of mahazar witnesses. Accused No.5 ran away from that place and thereby the accused No.5 committed the offences punishable under Sections 399 and 400 of IPC. 7 SC.No.685/2013
11. The prosecution in order to establish its case has examined one witness as P.W.1, who is the retired A.S.I. He deposed in his evidence that, on 12.12.2004 at about 5.10 P.M. complainant - P.S.I. has received a credible information that, 4-5 persons belonging to the gang of dacoits habitually committing dacoity were making preparation to commit dacoity by keeping deadly weapons in the open space behind the Kanakadurga Wine Store, Raipura Main road, Mysore road, Bangalore. Accordingly they went to the said place along with mahazar witnesses and noticed that, the accused were making preparation to commit dacoity. They have arrested accused Nos.1 to 4 and seized M.O.1 to 4 - club, iron rod, knife and long from them by drawing a mahazar as per Ex.P.1, in the presence of mahazar witnesses. Accused No.5 ran away from that place.
12. Except the above said witness, no other witnesses are examined in the case. Material witnesses, the complainant 8 SC.No.685/2013
- P.S.I. who has seized the M.O.1 to 4 from the accused and independent mahazar witnesses are not examined in the case. The evidence of P.W.1 is not corroborated by the evidence of the above said material witnesses. Therefore, it is not safe to rely upon the evidence of P.W.1.
13. From looking into entire evidence on record, it is made out that, the prosecution is not able to prove its case against the accused No.5 beyond all reasonable doubt. Therefore, the accused No.5 is entitled for acquittal. Hence, the point Nos.1 and 2 are answered in the negative.
14. POINT No.3:- In view of the above discussions and my finding to Point Nos.1 and 2, I proceed to pass the following:-
ORDER Accused No.5 not found guilty for the offences punishable under Sections 399 and 400 of I.P.C. 9 SC.No.685/2013
Therefore, he is acquitted of the said offences under Section 235(1) of Cr.P.C.
Bail bond executed by accused No.5 and his surety earlier stand cancelled.
Seized property M.O.1 - club is ordered to be destroyed after completion of appeal period.
Seized properties M.O.s 2 to 4 - iron rod, knife and long are confiscated to the Government after completion of appeal period. (Dictated to the Judgment-writer directly on computer, typed by her, corrected and then pronounced by me in the open court on this the 18th day of January 2016).
(DESHPANDE.G.S.) LIX Addl. C.C. & Sessions Judge, BANGALORE CITY.
ANNEXURE List of witness examined for prosecution:
PW 1 Padmanabha 16.12.2015 10 SC.No.685/2013 List of documents marked for prosecution:
Ex.P.1 Mahazar MATERIAL OBJECTS MARKED:- M.O.1 - Club M.O.2 - Iron rod M.O.3 - Knife M.O.4 - Long
List of witnesses examined for defence: - NIL List of documents marked for defence:- NIL (DESHPANDE.G.S.) LIX Addl. C.C. & Sessions Judge, BANGALORE CITY.11 SC.No.685/2013
Accused No.5 present.
Judgment pronounced in the open court (vide separate judgment) with the following operative portion:
ORDER Accused No.5 not found guilty for the offences punishable under Sections 399 and 400 of I.P.C.
Therefore, he is acquitted of the said offences under Section 235(1) of Cr.P.C.
Bail bond executed by accused No.5 and his surety earlier stand cancelled.
Seized property M.O.1 - club is ordered to be destroyed after completion of appeal period.
12 SC.No.685/2013
Seized properties M.O.s 2 to 4 -
iron rod, knife and long are confiscated to the Government after completion of appeal period.
(DESHPANDE.G.S.) LIX Addl. C.C. & Sessions Judge, BANGALORE CITY.