Bangalore District Court
The State By vs Ajay Kumar.D @ Chinni on 13 October, 2022
KABC030819902015
Presented on : 16.12.2015
Registered on : 16.12.2015
Decided on : 13.10.2022
Duration : 06y/09m/27days
IN THE COURT OF XLI ADDL.CHIEF METROPOLITAN
MAGISTRATE AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B
th
Dated on this 13 day of October 2022
C.C.No.29377/2015
COMPLAINANT : The State by
Vidyaranyapura Police
-V/s-
ACCUSED : 1. Ajay Kumar.D @ Chinni
S/o. Dayakar,
R/at No.322, 6th Main,
Bahubali Nagar, M.E.S. Road,
Jalahalli, Bengaluru.
Date of Commission of 27.05.2015
offence
Date of report 27.05.2015
Date of arrest On 13.10.2015 the
accused got enlarged
himself on bail.
Name of the complainant Smt.Nagamma
Date of commencement of 27.08.2021
recording Evidence
Date of closing evidence 22.09.2022
Offences complained of U/Sec.392 of IPC
Opinion of the Judge As per final orders
2 C.C.No.29377/2015
State Represented by Senior Asst.Public
Prosecutor
Accused Represented by Sri.Harisha.M.T
-Advocate.
JUDGMENT
[Delivered on 13.10.2022] The Police Inspector of Vidyaranyapura P.S has filed charge sheet against the accused for the offence punishable U/Sec.392 of IPC.
2. Brief facts of prosecution case is as follows:
On 27.05.2015 at 9 p.m., the CW.1 was carrying on her business at Bhoomika Stores, which is situated at No.3/15, 2 nd Cross, Anusuya Chandrappa Layout, Bharat Nagar, Vidyaranyapura and at that time, the accused No.1 asked her to give Colgate paste and snatched 42 grams golden mangalya chain from her neck and escaped on a bike along with accused No.2. On the basis of complaint given by CW.1 Smt.Nagamma, the Vidyaranyapura Police have registered this case in Crime No.216/2015.3 C.C.No.29377/2015
3. After the investigation, the IO filed charge sheet against the accused for the O/P/U/Sec.392 of IPC. The IO has made an endorsement stating that, a separate charge sheet will be filed against the accused No.2 as, he is absconding. Hence, this Court has taken cognizance of the offence punishable U/Sec.392 of IPC against accused No.1 only.
4. The accused No.1 was in judicial custody in some other case. Hence, his presence was secured by issuing body warrant. On 13.10.2015, the accused got enlarged him on bail. After taking cognizance of the offence, this Court complied with Sec.207 of Cr.P.C and furnished charge sheet copy to the accused.
5. This Court heard both the parties. As there were no grounds to discharge the accused No.1, this Court framed charge for the offence punishable U/Sec.392 of IPC. The accused No.1 did not plead guilty. He claimed to be tried.
6. In order to prove its case, the prosecution got examined 4 witnesses as PW.1 to 4 and got marked Ex.P.1 to 6 documents. After completion of the evidence of the prosecution, the statement 4 C.C.No.29377/2015 of the accused No.1 was recorded U/Sec.313 of Cr.P.C. The accused No.1 denied the incriminating evidence led against him. He did not choose to lead his defence evidence.
7. I have heard the arguments of Senior APP and Sri. HMT 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 27.05.2015 at 9 p.m., the CW.1 was carrying on her business at Bhoomika Stores, which is situated at No.3/15, 2nd Cross, Anusuya Chandrappa Layout, Bharat Nagar, Vidyaranyapura and at that time, the accused No.1 asked her to give Colgate paste and snatched 42 grams golden mangalya chain from her neck and escaped on a bike along with accused No.2 and thereby he has committed an offence punishable U/Sec.392 of IPC?
2. What order?5 C.C.No.29377/2015
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, the accused No.1 snatched golden mangalya chain weighing 42 grams from the neck of CW.1 on 27.05.2015 at 9 p.m and escaped on a motor cycle along with accused No.2 and thereby he has committed the offences punishable U/Sec.392 of IPC. In order to prove its case, the prosecution got examined the complainant/CW.1 as PW.2, mahazar witnesses CW.2 as PW.1, police official who arrested the accused-CW.8 as PW.3 and investigation officer CW.9 as PW.4 and got marked spot mahazar as Ex.P.1, complaint as Ex.P.2, FIR as Ex.P.3, portion of the voluntary statement of the accused as Ex.P.4, true copy of seizure mahazar as Ex.P.5 and photograph of robbed mangalya chain as Ex.P.6.
11. CW.1/PW.2-Nagamma in her evidence has stated that she is running a petty shop. On 05.07.2015 while she was doing her business in the shop, a person came to her shop and asked her to 6 C.C.No.29377/2015 give Colgate paste and when she gave him a big tube of Colgate, he asked her to give small tube. At that time, he twisted her hand and snatched her golden chain weighing 42 grams from her neck. By hearing her cry, neighbors came to her shop. She was unconscious. Her neighbors gave her water. She has given complaint as per Ex.P.2. She has signed the said complaint near her house. She has identified her signature found on Ex.P.1 mahazer. She has affixed her signature to Ex.P.1 near her house. After a lapse of 2-3 months, police called her and gave Rs.55,000/- Accused is not the person, who snatched her chain.
12. CW.2/PW.1 - Devaiah B.M in his evidence has stated that, he has affixed his signature to Ex.P.1, when the police inspector Puneeth drawn mahazer in connection with robbery of the chain of Nagamma. On 27.05.2015 by hearing screaming voice from the shop of Nagamma, he rushed to her shop and noticed that 4-5 persons gathered there. They told him that, some person has robbed the golden chain of Nagamma and escaped on a two wheeler.
7 C.C.No.29377/2015
13. CW.8 /PW.3 Mahesh in his evidence has stated that, while he was working as constable at Crime Branch, Yeshwanthapura Division, on 09.09.2015 CW.9 deputed him, CW.6 and 7 to trace the accused, who are involved in dacoity and robbery cases. Accordingly, they were on beat at Vidyaranyapura-Kodigehalli. At that time, they received an information that a person by name Ajay Kumar @ Chinni is at Lottegollahalli Railway station. Accordingly, at 12.15 p.m they visited Lottegollahalli Railway station and saw Ajay Kumar. By seeing them, he tried to escape from the spot, fell down and sustained injuries. On enquiry, he told his name as Ajay Kumar @ Chinni S/o. Dayakar. As he was a rowdy sheeter, they produced him before CW.9. Accordingly, CW.6 gave a report in this regard. He has identified the accused.
14. CW.9/PW.4 Puneeth Kumar.R, in his evidence has stated that, while he was discharging his duty as Police Inspector at Vidyaranyapura Police station on 27.05.2015 at 10.15 p.m., PW.2 came to the police station and gave Ex.P.2 complaint. On the basis of which, he registered the case as per Ex.P.3. On the same day, he visited the spot at 10.30 p.m. The PW.2 shown the spot and 8 C.C.No.29377/2015 accordingly, he has drawn Ex.P.1 Mahazar in the presence of CW.3 and PW.1 at 10.30 to 11.30 p.m. While conducting investigation in Cr.No.236/2015 of Vidyaranyapura Police Station, CW.6 produced the accused by name Ajay Kumar @ Chinni. During the course of investigation, he admitted his involvement in the present case and gave voluntary statement as per Ex.P.4. He has recorded the statements of CW.7 and 8. As the accused admitted that he has kept the stolen ornaments at his residence and he is ready to show those ornaments, he called CW.4 and 5. The accused took them to his house which is situated at No.322, 6 th Cross, 6th Main, Bahubali Nagar, MES Road, Jalahalli and produced 4 different gold chains weighing 25 grams, 20 grams, 22 grams and 10 grams respectively. Accordingly, by drawing Ex.P.5 Mahazar from 5 p.m., to 6 p.m., he has seized those gold chains. He has recorded the statements of CW.4 and 5. On the same day, the PW.2 visited the police station, identified her golden mangalya chain as well as the accused. After following the arrest procedure, he produced the accused before the court. As per the court orders on 16.10.2015 he handed over item No.3 gold chain referred at PF No.98/2015 in favor of PW.2. At that time, Ex.P.6 photograph was taken. He has 9 C.C.No.29377/2015 identified the accused. Subsequently, by completing the investigation he submitted the charge sheet against the accused.
15. On the basis of Ex.P.2 complaint given by PW.2 on 27.05.2015, the Vidyaranyapura police have registered this case, investigated the matter and filed charge sheet against the accused. In Ex.P.2, the complainant has alleged that on 27.05.2015 at 9.20 p.m., when she was in her "Bhoomika Stores"
which is situated at Anusuya Chandrappa Layout, Bharat Nagar, one unknown person came on a motorcycle and asked her to give Colgate paste and snatched her 42 grams of golden chain from her neck and escaped on a motorcycle. That person was approximately aged 35 years.
16. The PW.2 in her evidence has stated that the incident was occurred on 05.07.2015. The prosecution contends that, during the course of investigation in Cr. No. 236/2015 of Vidyaranyapura P.S, CW.6 produced Ajay Kumar @ Chinni, the accused and he gave voluntary statement as per Ex.P.4 regarding his involvement in the present case and on the basis of his voluntary statement, the IO 10 C.C.No.29377/2015 has seized 4 golden chains weighing 25 grams, 20 grams, 22 grams and 10 grams respectively from his house by drawing Ex.P.5 mahazer.
17. The PW.4 has stated that, he has handed over item No.3 golden chain described at PF No.98/2015 to PW.2 on 16.02.2015 as per the court orders. As per Ex.P.2, 42 grams of golden chain was robbed from the neck of PW.2. The IO did not recover 42 grams single chain from the accused. Then how he has handed over 22 grams of gold chain to PW.2. To the contrary, the PW.2/complainant in her evidence has stated that the police have given Rs.55,000/-to her. She did not say that the police have handed over the gold chain to her.
18. The PW.2 stated that, the accused is not the person who snatched chain from her neck. She has not identified the accused No.1, who was present before the court. She denies that, she was shown the accused at the police station when she visited the station. During the course of cross examination, she admits that the police had shown golden mangalya chain at the police station. As admitted by her, if shown was shown golden chain at the police 11 C.C.No.29377/2015 station, why she received Rs.55,000/- from the police? She has not given any explanation to it. This creates doubt in the mind of the court regarding the genuineness of this case.
19. Though, the PW.1 has stated that he has signed Ex.P.1 mahazar in connection with snatching of golden chain from the neck of Nagamma, at the place of incidence, to the contrary, he has admitted that, he has signed Ex.P.1 at the police stationThe PW.3 deposed regarding arrest of the accused.
20. The PW.4 deposed regarding the investigation conducted by him. In the present case, no witnesses to Ex.P.5 Mahazar appeared before the court to say that, the police recovered 4 golden chains from the house of the accused in their presence and Ex.P.5 Mahazar was drawn at the residence of accused No.1. This Court had issued repeated summons, warrants and proclamations against CW.3 to 6. Inspite of it, the prosecution has not secured their presence. Hence, they were dropped from examination. 12 C.C.No.29377/2015
21. Though the PW.3 stated that, they have arrested the accused at Lottegollahalli Railway station, there are no cogent evidence before the court to substantiate his version. In the present case, though the prosecution contends that the accused escaped from the spot on a motorcycle, the IO has not recovered the so-called motorcycle. In the present case, there are no materials on record to show that, the chain found in Ex.P.6 photograph was recovered from the house of the accused No.1.
22. In the absence of the oral evidence of pancha witnesses of Ex.P.5, the evidence of police officials cannot be believed. The evidence of police witnesses is not corroborated with the evidence of independent witnesses. Except the police officials, no independent witnesses including the complainant have identified the accused.
23. The complainant has also not stated that, the chain found in Ex.P.6 photograph was returned to her. According to PW.2, she has received a sum of Rs.55,000/- from the police and not her golden chain. According to PW.2, accused is not the person, who robbed her golden chain. The PW.2 in her cross examination denied that, 13 C.C.No.29377/2015 the police shown her the accused at the police station. The IO has not at all seized 42 grams golden chain. There is no reference of seizing 42 grams chain in Ex.P.5 mahazer. When the IO has not seized 42 grams of chain, question of returning 22 grams of chain to PW.2 does not arise. In such circumstances, it cannot be accepted that, the accused robbed the complainant's chain weighing 42 grams and it was recovered from his house through Ex.P.5 mahazer.
24. Therefore, the oral evidence led by PW.1 to 4 will not come to the aid of the prosecution. From the version of PW.1 to 4, the allegations made against the accused will not be proved. From the evidence led before the court, the charges leveled against the accused will not be proved. Thus, the prosecution has failed to prove that the accused No.1 snatched golden chain from the neck of PW.1 and escaped on a motor cycle along with accused No.2 and it was recovered from his house. Accordingly I answer the point No.1 in Negative.
Point No.2: For the aforesaid reasons I proceed to pass the following:14 C.C.No.29377/2015
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 is acquitted from the charge of Sec.392 of IPC. The bail bonds executed by the accused No.1 stands cancelled.
13.10.2022 [TATTANDA DAMAYANTI SOMAYYA] XLI ADDL.METROPOLITAN MAGISTRATE BENGALURU 15 C.C.No.29377/2015 ANNEXURE LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : Devaiah PW.2 : Nagamma PW.3 : Mahesh PW.4 : Puneeth Kumar.R
LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Spot Mahazar Ex.P.1[a] : Signature of PW.1 Ex.P.1[b] : Signature of PW.2 Ex.P.1[c] : Signature of PW.4 Ex.P.2 : Complaint Ex.P.2[a] : Signature of PW.1 Ex.P.2[b] : Signature of PW.4 Ex.P.3 : FIR Ex.P.3[a] : Signature of PW.4 Ex.P.4 : Portion of voluntary statement of accused Ex.P.5 : True copy of Seizure Mahazar Ex.P.6 : Photograph of golden chain LIST OF PROPERTY MARKED FOR THE PROSECUTION:
Nil LIST OF WITNESSES EXAMINED FOR THE ACCUSED : NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL 16 C.C.No.29377/2015 ....................................................................................
Dictated on : 12.10.2022
Transcribed on : 12.10.2022
checked on : 13.10.2022
Signed on : 13.10.2022
[TATTANDA DAMAYANTI SOMAYYA]
XLI ADDL.METROPOLITAN MAGISTRATE
BENGALURU
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