Bangalore District Court
N Lakshminarasimhaiah Psi vs Amusdas S Suryavamshi @ Sachin on 31 July, 2024
KABC030135292016
Presented on : 26.02.2016
Registered on : 26.02.2016
Decided on : 31.07.2024
Duration : 08y/05m/05days
IN THE COURT OF XLI ADDL. CHIEF JUDICIAL
MAGISTRATE, AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Chief Judicial Magistrate
Bengaluru
Dated on this 31st day of July 2024
C.C.No.5237/2016
COMPLAINANT : The State by
Bengaluru City Railway P.S.
-V/s-
ACCUSED : 1. Ambudas.S.Suryavamsi
S/o.Srikanth, Aged 25 years,
R/at. No.1480/D, Railway Quarters,
Rail Nagar, Gadag Road, Hubli.
2. Parashuram
S/o. Channaiah Madar,
Aged 32 years, R/at.1st cross,
Near Railway Station, Dharwad.
Date of Commission of offence 20.02.2014
Date of report 20.02.2014
Date of arrest 21.02.2014 & 24.02.2014
2 C.C.No.5237/2016
Name of the complainant N.Lakshminarasimaiah
Date of commencement of 27.10.2017
recording Evidence
Date of closing evidence 22.07.2024
Offences complained of U/Sec.420 of IPC
Opinion of the Judge As per final orders
State Represented by Senior Asst.Public Prosecutor
Accused Represented by Sri.Vedamurthy.A -Advocate.
JUDGMENT
[Delivered on 31.07.2024] The Police Sub Inspector of Bengaluru City Railway police station has filed charge sheet against the accused for the offence punishable U/Sec.420 of IPC.
2. Brief facts of prosecution case is as follows:
On 20.02.2014 at 3.15p.m., at plat form No.8 of Bengaluru city railway station, the accused tried to sell yellow colored liquid as snake venom and thereby cheated the public. On the basis of written information given by CW.1, the Bengaluru City Railway police have registered this case against the accused in Cr.No.41/2014.
3. On 21.02.2024 the accused No.1 was arrested and produced before the Court. On 24.02.2014, the accused No.2 was arrested 3 C.C.No.5237/2016 and produced before the court. As per order 03.03.2014, the accused No.1 and 2 got enlarged themselves on bail.
4. After the investigation, the IO filed charge sheet against the accused for the O/P/U/Sec.420 of IPC. This Court has taken cognizance of the offence punishable U/Sec.420 of IPC. Sec.207 of Cr.P.C., is complied with and charge sheet copies are furnished to the accused.
5. This Court heard both the parties. As there were no grounds to discharge the accused No.1 and 2, this Court framed charge for the offence punishable U/Sec.420 of IPC. The accused did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined 7 witnesses as PW.1 to 7, got marked Ex.P.1 to 11 documents and MO.1 to 7. After the completion of the evidence of the prosecution, the statements of the accused was recorded U/Sec.313 of Cr.P.C., wherein they denied the incriminating evidence led against them. They did not choose to lead their defense evidence.
4 C.C.No.5237/2016
7. I have heard the arguments of Senior APP and Sri. V.A Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, on 20.02.2014 at 3.15p.m., at plat form No.8 of Bengaluru city railway station, the accused tried to sell yellow colored liquid as snake venom and thereby cheated the public and thereby they have committed an offence punishable U/Sec.420 of IPC?
2. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : As per final orders for the following:
REASONS
Point No.1 :
10. The burden is casted on the prosecution to prove that, on 20.02.2014 at 3.15p.m., at plat form No.8 of Bengaluru city railway station, the accused tried to sell yellow colored liquid as snake 5 C.C.No.5237/2016 venom and thereby cheated the public. In order to prove its case, the prosecution got examined the complainant/CW.1 as PW.1, eye witnesses/CW.5 as PW.2, CW.6 as PW.3, the officer who deputed CW.1 and other staffs to investigate the matter/ CW.4 as PW.4, the officer who arrested accused No.2/CW.9 as PW.5, the officer who partly investigated the matter/CW.15 as PW.6 and the investigation officerCW.16 as PW.7 and got marked the seizure mahazer as Ex.P.1, written information/complaint as Ex.P.2, FIR as Ex.P.3, requisition to Veterinary college, Hebbal as Ex.P.4, requisition to FSL as Ex.P.5, requisition to APFSL, letter of APFSL as Ex.P.7, requisition to CFSL as Ex.P.8, letter of CFSL as Ex.P.9, report of truth lab as Ex.P.10 and report of CCMB as Ex.P.11, Asian paint container as MO.1, two cans containing yellow liquid as MO.2, 3, sample collected bottles as MO.4, 5, mobile as MO.6 and bag as MO.7.
11. CW.1/PW.1-N.Lakshminarasimhaiah in his evidence has stated that, while he was working as PSI in the forest wing of CID, on 20.02.2014, their DSP deputed him, Venkatashetty, 6 C.C.No.5237/2016 Ramamurthy and constable Rajashekhar stating that, he has received an information that an unknown person is trying to sell cobra venom and hence he requested them to verify the same. Accordingly, they along with pancha witnesses i.e., CW.2 and 3 went to Bengaluru City railway station at 3.15p.m and found a person moving suspiciously, who was holding an Asian paint container and red colored Rexene bag. They caught hold of that person and on enquiry, he told his name as Amudas. On verification of Asian paint container, they found 2 cans containing yellow liquid. Hence, he collected samples of 90m.l each from those cans, wrapped with white cloth, affixed the seal of SBC. They assigned numbers to Asian paint container as FC.1, two cans as FC.2, 3, sample bottles as FC.4, 5, I-tech phone as FC.6 and rexene bag as FC.7. He seized those articles by drawing Ex.P.1 mahazer. Those articles are marked as MO.1 to 7 respectively. Subsequently, they returned to the station along with Ambudas, mahazer and seized articles and he gave Ex.P.2 complaint. He has identified accused No.1.
7 C.C.No.5237/2016
12. CW.5/PW.2- Venkatashetty & CW.6/PW.3-M.S. Ramamurthy in their evidence have stated that, while they were working in the forest wing of CID on 20.02.2014 their superior officer called them and stated that, he has received an information that an unknown person is trying to sell cobra venom and hence, he requested them to verify the same. Accordingly, they along with pancha witnesses i.e., CW.2 and 3 went to plat form No.8 of Bengaluru City railway station. At 3.15p.m one person came by holding an Asian paint container and red colored Rexene bag. They caught hold of that person and on enquiry, he told his name as Amudas S. Suryavamshi @ Sachin, resident of Hubli and he has brought snake venom to sell at Bengaluru. On verification of Asian paint container, they found 2 cans containing yellow liquid. He told that, it is snake venom. Hence, they collected samples of 90m.l each from those cans, wrapped with white cloth, affixed the seal of SBC. They assigned numbers to Asian paint container as FC.1, two cans as FC.2, 3, sample bottles as FC.4, 5, I-tech phone as FC.6 and rexene bag as 8 C.C.No.5237/2016 FC.7. They seized those articles by drawing Ex.P.1 mahazer. Those articles are marked as MO.1 to 7 respectively. Subsequently, they returned to the station along with Ambudas, mahazer and seized articles. The PW.1 gave a complaint in this regard. He has identified accused No.1.
13. CW.4/PW.4 - Shamanna in his evidence has stated that, while he was working as Dy.S.P at forest wing of CID, on 20.02.2014 he received an information that a person is legally trying to sell snake venom at Bengaluru city railway station. In order to take action, he deputed PW.1, 2 and other staffs. On the same day at 3.15p.m at Bengaluru city railway station his officers caught hold of a person by name Ambudas, who was carrying 3 liters of snake venom in an Asian paint container. They seized all the articles found with that person by drawing Ex.P.1 mahazer and informed that, they have lodged a complaint in this regard.
14. CW.9/PW.5-Ramakrishnappa in his evidence has stated that, while he was working as Head Constable at Bengaluru City Railway police station, on 23.02.2014, the CW.15 took him, 9 C.C.No.5237/2016 CW.10 to 12 and another staff along with accused No.1 to Dharwad. The accused No.1 told that the person supplied snake venom to him is available at Dharwad and hence, they had been near Siddeshwara Bakery, Dharwad. At 10 p.m., the accused No.1 showed a person to whom they caught hold and on enquiry he told his name as Parashuram resident of Dharwad, near railway station. They took him to their custody and returned to Bengaluru City Railway police station. He has identified accused No.1 and 2.
15. CW.15/PW.6 - Jayaramaiah in his evidence has stated that while he was working as PSI at Bengaluru City Railway police station, on 20.02.2014 at 5.30 p.m., the PW.1 came to the station and produced a person by name Ambudas along with Asian paint container, 2 blue colored plastic cans containing snake venom, sample venoms of 2 bottles of 90 ml each, one I-Phone and red colored rexene bag and gave Ex.P.2 report. On the basis of which, he registered Ex.P.3 - FIR. The articles seized by PW.1 through Ex.P.1 are marked as MO.1 to 7. He has identified accused No.1. On enquiry, he told that, he has brought snake 10 C.C.No.5237/2016 venom to Bengaluru for sale from Hubli through Gol gumbaz Train. The snake venom was supplied to him by one Parashuram S/o. Channaiah Madar of 1st cross, near railway station, Dharwad. Hence, he followed arrest procedure against accused No.1 and produced him before the court. As per the court orders, he took him to police custody and on 22.02.2014, he visited Hubli along with accused No.1 and staff. As per the information given by the accused No.1, at 5.30 to 6 p.m., they visited the house of accused No.2, where they took him to their custody and brought him to their station. On enquiry, the accused No.2 admitted that, he has supplied the articles described in PF No.7/2014 to accused No.1. On 24.02.2014, he produced accused No.1 and 2 before the court under remand application. He has recorded the statements of PW.2, 3, CW.7 and 8. He has sent the sample bottles to Truth lab on 28.06.2024. On 09.09.2014, he collected Ex.P.10 report from Truth Lab. He collected Ex.P.11 document from CCMB. The sample venom bottles examined by the Laboratory are marked as MO.4 and 5.
11 C.C.No.5237/2016
16. CW.16/PW.7 - Bailanjenaya in his evidence has stated that, while he was working as PSI at Bengaluru City Railway police station on 23.03.2015, he took the investigation of this case from the PW.6 and by completing the investigation on 29.10.2015, he filed charge sheet against the accused.
17. On the basis of Ex.P.2-complaint given by PW.1, the Bengaluru City Railway police have registered this case, investigated the matter and filed charge sheet against the accused. At the earliest point of time, the case was registered for the offences P/U/Sec.49[A], 51 of Wild Life Protection Act. After the investigation, the IO filed charge sheet against the accused for the offence P/U/Sec.420 of IPC.
18. In Ex.P.2, the PW.2 has narrated the incident in detail as to how they caught hold of accused No.1/Ambudas, who was carrying snake venom for sale in Asian paint container and how they seized the articles including the alleged snake venom from accused No.1 by drawing Ex.P.1. Before discussing the evidence 12 C.C.No.5237/2016 led by the prosecution witnesses, it is necessary to know what acts attract the provision of Sec.420 of IPC.
19. Sec.420 of IPC deals with cheating and dishonestly inducing delivery of property - Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
20. In order to hold that the accused has dishonestly induced the public or the customers to pay money to purchase the yellow colored liquid said to be snake venom, the prosecution has to prove that, the accused No.1 was carrying MO.2 and 3 in MO.1 container and he was arrested at Platform No.8 of Bengaluru City Railway station on 20.02.2014 at 3.15 p.m.
21. In the present case, the prosecution has examined altogether 7 witnesses, all of them are police witnesses. It is a known fact 13 C.C.No.5237/2016 that, Bengaluru City Railway station is a busy place where thousands of people move around every day. According to PW.1 to 3, the accused No.1 was carrying snake venom in MO.1 - Asian Paint container on 20.02.2014 at 3.15 p.m., and the articles found with him were seized by drawing Ex.P.1 mahazar in the presence of CW.2 and 3, the pancha witnesses.
22. In order to ascertain the correctness of the allegations made in Ex.P.1, this court had issued repeated summons, non bailable warrants and proclamations against CW.2 and 3. On 13.06.2023, the Bengaluru City Railway police have published the proclamation against them. Inspite of it, they did not appear before the court to give their evidence. Hence, they are dropped from examination. CW.7, 8, 10 to 13 were given up by the prosecution.
23. From the version of PW.6, it appears that MO.3 and 4, the alleged snake venom were sent to the Dean of Veterinary college, Hebbala for examination on 26.02.2014 through Ex.P.4 requisition. But the said college returned the said samples by 14 C.C.No.5237/2016 saying that there is no facility to examine snake venom in their institute. As per Ex.P.5, those samples were forwarded to Forensic Laboratory, Bengaluru, which was returned with the same endorsement. The investigation officer sent the said samples to Central Forensic chemical Laboratory on 23.06.2014 through Ex.P.8. As per Ex.P.9, the Central Forensic Science Laboratory returned the samples with an observation that, the said laboratory does not have facility to conduct the examination of Snake venom.
24. As per Ex.P.6, MO.3 and 4 were sent to FSL, Andhra Pradesh. As per Ex.P.7, the Andhra Pradesh FSL returned the samples for the reason that, their institute does not take the examination of snake venom and hence the IO sent the MO.3 and 4 for examination to Truth Lab. On examination, the Truth lab submitted Ex.P.10 report. The Assistant Director of Truth labs, Hyderabad has opined that " The two liquid samples did not yield any DNA, leading to a conclusion that the liquid might be of non -biological origin or devoid of any biological cell materials 15 C.C.No.5237/2016 which are normally derived from the epithelial cells of the salivary glands of a snake in the process of milking of venom and as such the liquids are unlikely to have originated from snake venom."
25. In such circumstances, there is no cogent evidence before the court to say that what is actually available in MO.4 and 5 sample bottles or in MO.2 and 3 cans. When the scientific examiner has opined that, the liquids are unlikely to have originated from snake venom, there is no material before the court to say that what is available in MO.2 to 5.
26. As Ex.P.10 report is not a positive report, the court dropped CW.14 from examination, who is the author of Ex.P.10. In the present case, there is no convincing evidence on record to say that MO.1 to 7 were seized from accused No.1 by drawing Ex.P.1 mahazar. No independent witnesses appeared before the court to say that, they have seen the police seizing MO.1 to 7 from accused No.1 on 20.02.2014 at 3.15 p.m. at platform No.8 of Bengaluru City Railway station by drawing MO.1.
16 C.C.No.5237/2016
27. Though the prosecution contends that the accused No.1 was carrying MO.2 and 3 in MO.1 container to sell the same to the customers, the IO did not care to investigate the matter to whom the accused No.1 allegedly intended to sell the same. Because, in the present case, the IO did not seize any amount towards sale consideration of snake venom. The alleged customers are not arrayed as witnesses to the case. Hence, it is very hard to accept that, the yellow liquid found in MO.2 and 3 was brought for sale purpose.
28. Though the PW.1 to 3 deposed about arrest of accused No.1 and seizure of MO.1 to 7 by drawing Ex.P.1 mahazar, their version is not corroborated with the oral evidence of any independent witnesses. The PW.4 deposed about the deputation of his staff, officers to investigate the matter with respect to the information received by him. The PW.5 deposed about arrest of accused No.2 from Dharwad on the information given by the accused No.1. But his version is also not corroborated with the oral evidence of any independent witnesses.
17 C.C.No.5237/2016
29. While arresting the accused No.2 from Dharwad, the investigating agency has not taken any help from local police. They are also not made as witnesses to this case. The PW.6 and 7 deposed about the investigation conducted by them. However, their version is not corroborated by the oral evidence of any independent witnesses.
30. In the present case, the prosecution has not produced any cogent evidence before the court to show that what actually found in MO.2 to 5. Moreover, no independent person made any allegation against the accused stating that, they were cheated by the accused. There is no cogent evidence before the court to hold that MO.1 to 7 are seized from accused No.1 by drawing Ex.P.1 mahazar.
31. In such circumstances, the evidence led by PW.1 to 7 is no way helpful to the case of the prosecution to hold the accused guilty of the offences. From the evidence of PW.1 to 7, the charge leveled against the accused is not proved. Thus, the prosecution has failed to prove that, 20.02.2014 at 3.15p.m., at plat form No.8 18 C.C.No.5237/2016 of Bengaluru city railway station, the accused tried to sell yellow colored liquid as a snake venom and thereby cheated the public. In such circumstances, I answer point No.1 in Negative. Hence, I answer point No.1 in Negative.
Point No.2: For the aforesaid reasons I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 and 2 are acquitted from the charge of Sec.420 of IPC.
The bail bonds executed by the accused stands cancelled.
The bonds executed the accused U/Sec.437[A] of Cr.P.C will be in force till the completion of appeal period.
The property seized under PF
No.7/2014 i.e., MO.1 Asian Paint
container, MO.2 and 3 plastic cans
containing yellow colored liquid, MO.4
and 5 examined sample bottles and
19 C.C.No.5237/2016
MO.7 bag being worthless are ordered
to be destroyed after the appeal period.
However, MO.6 phone is ordered to be
confiscated to Government after the
appeal period.
TATTANDA Digitally signed by TATTANDA
DAMAYANTI SOMAIAH
DAMAYANTI Date: 2024.07.31 18:00:11
SOMAIAH +0530
31.07.2024 [TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M.,BENGALURU
20 C.C.No.5237/2016
ANNEXURE
LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : N.Lakshmi Narasimhaiah PW.2 : Venkata Shetty PW.3 : M.S.Ram Murthy PW.4 : Shamanna PW.5 : Ramakrishnappa PW.6 : Jayaramaiah PW.7 : Bailanjaneya
LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Seizure Mahazar
Ex.P.1[a] : Signature of PW.1
Ex.P.1[b] : Signature of PW.2
Ex.P.1[c] : Signature of PW.3
Ex.P.2 : written information/Complaint
Ex.P.2[a] : Signature of PW.1
Ex.P.2[b] : Signature of PW.6
Ex.P.3 : FIR
Ex.P.3[a] : Signature of PW.6
Ex.P.4 : Requisition to Veterinary college, Hebbal
Ex.P.5 : Requisition to FSL
Ex.P.6 : Requisition to APFSL
Ex.P.7 : Letter of APFSL
Ex.P.8 : Requisition to CFSL
Ex.P.9 : Letter of CFSL
Ex.P.10 : Report given by Truth Lab
Ex.P.10[a] : Signature of PW.6
Ex.P.11 : Report given by CCMB
Ex.P.11[a] : Signature of PW.6
21 C.C.No.5237/2016
LIST OF MO'S MARKED FOR THE PROSECUTION:
MO.1 : Asian Paint container
MO.2 & 3 : 2 plastic cans containing yellow colored liquid
MO.4 & 5 : 2 Sample bottles having yellow liquid
MO.6 : Mobile
MO.7 : Rexene Bag
LIST OF WITNESSES EXAMINED FOR THE ACCUSED :
NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL ....................................................................................
Dictated on : 31.07.2024
Transcribed on : 31.07.2024
checked on : 31.07.2024
Signed on : 31.07.2024
[TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M., BENGALURU
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