Bangalore District Court
State By vs Abdul Munaf @ Munna on 20 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 20th day of July, 2016.
S.C.No.1022/2015
COMPLAINANT: State by
Subramanyapura Police Station,
Bengaluru.
(By learned Public Prosecutor)
.Vs.
ACCUSED : 1. Abdul Munaf @ Munna,
S/o.Abdul Razak,
40 years,
R/of. 6th Cross,
Seenappa's House,
Behind N.R.School,
Harinagar, Bengaluru.
2. Madhar,
S/o.Mehaboob,
19 years,
R/of.4th Cross,
Near Basha Gujari,
Harinagar, Bengaluru.
3. Salman @ Salman Khan,
S/o.Chand,
19 years,
R/of.Arif's House,
Harinagar, Bengaluru.
4. Shahbaz ...... SPLIT-UP.
5. Kiran ........ SPLIT-UP.
(Accused Nos.1 to 3 - Sri.HPM., Adv.
2 S.C.No.1022/2015
JUDGMENT
The P.S.I., of Subramanyapura Police Station, Bengaluru has filed charge sheet against the accused alleging that accused have committed the offences punishable under Sections 399 and 402 of I.P.C.
2. 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 3 are on bail.
3. Brief facts of the case of prosecution are as follows :
On 1.08.2014 at about 7-40 p.m., C.W.1- Sri.Gnanamurthy, P.S.I., of Subramanyapura Police Station, Bengaluru had received the credible information that near the vacant space of BDA Layout, beside the Vinayaka Talkies, Harinagara, within the limits of Subramanyapura Police Station, Bengaluru, the accused Nos.1 to 3 along with the split-up accused Nos.4 and 5 were making preparation to commit dacoity on the passers thereon, by holding deadly weapons like iron rod, knife, chilly powder packet 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 8-15 p.m., and after ascertaining by hearing their 3 S.C.No.1022/2015 conversations, surrounded them and apprehended the accused Nos.1 to 3 and the accused Nos.4 and 5 have succeeded in fleeing away from the spot. The police have noticed the deadly weapons found in the possession of the accused Nos.1 to 3 and seized them under the mahazar, Thereafter, took the accused Nos.1 to 3 to the police station along with the seized articles, registered the crime in their Police Station Crime No.437/2014 for the offences under Sections 399 and 402 of I.P.C., on the strength of the report submitted by the raiding party and arrested the accused Nos.1 to 3 and recorded the voluntary statements of A-1 to 3 and recorded the statements of the panchas and his staff and produced A-1 to 3 before the court and handed over the file to P.I. for further investigation. Later, the accused No.4 was secured. The Investigating Officer after completing the investigation, has filed the charge sheet against the accused Nos.1 to 4 for the aforesaid offences, by showing the names of the accused No.5 as absconding. Later, the accused No.5 was secured.
4. After committal of the case, the accused Nos.4 and 5 have jumped the bail. Hence, the case against the accused Nos.4 and 5 was split-up by this court vide order dated:16.12.2015 and ordered to register a separate case against the accused Nos.4 and 5. There is prima-facie case against the accused Nos.1 to 3. Hence, charge is framed against the accused Nos.1 to 3 for the offences under Sections 399 and 402 of I.P.C. The accused Nos.1 to 3 have pleaded 4 S.C.No.1022/2015 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 3, the prosecution has examined two witnesses as P.Ws.1 and 2 and got marked the documents Exs.P.1 to 3 and M.Os.1 to 3. After closure of the evidence on the side of prosecution, statement of accused Nos.1 to 3 under Section 313 Cr.P.C., was recorded and the accused Nos.1 to 3 have denied 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 3.
7. In view of the evidence of prosecution witnesses and the arguments of learned P.P., and learned advocate for accused Nos.1 to 3, the points which arise for my consideration are :
1. Whether the prosecution has proved its case beyond reasonable doubt that on 1.08.2014 at about 8-15 p.m., near the vacant space of BDA Layout, beside the Vinayaka Talkies, Harinagara, within the limits of Subramanyapura Police Station, Bengaluru, the accused Nos.1 to 3 along with the split-up accused Nos.4 and 5 had made preparation to commit dacoity on the passers thereon by holding deadly weapons like iron rod, knife, chilly powder packet, etc., and thereby, committed the offences punishable under Sections 399 and 402 of I.P.C. ?
2. What Order ?5 S.C.No.1022/2015
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 P.S.I., of Subramanyapura Police Station, Bengaluru has laid the charge sheet against the accused for the offence 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 3, has got examined two witnesses as P.Ws.1 and 2 and got marked the documents Exs.P.1 to 3 and M.Os.1 to 3.
10. P.W.1, Police Inspector of Subramanyapura Police Station has deposed that, on 01.08.2014 at 7.40 p.m., when he was on rounds near the old bank colony, within the jurisdiction of his Police Station, he received credible information stating that, near the vacant space of BDA Layout, situated at 8th Phase, Hari Nagar, J.P.Nagar, about 4 to 5 persons were holding deadly weapons in their hand and making preparations to commit dacoity on the passers. Therefore, he secured panchas and also his staff had been to the spot and confirmed about the credible information and surrounded the said persons and succeeded in apprehending 3 persons but, 2 persons have succeeded in fleeing away from the spot. After enquiry, the said 3 persons are A-1 to 3 and 6 S.C.No.1022/2015 after thorough search, they were in possession of the iron rod, knife and chilly powder packet. He seized it under the mahazar Ex.P.1 in the presence of panchas and brought the accused Nos.1 to 3 along with the seized articles to the Police Station and produced the same before the Investigating Officer along with his report Ex.P.2. On the strength of the said report, the Investigating Officer registered the crime in their Police Station Crime No.437/2014 for the offences punishable under Secs.399 and 402 of IPC.
11. The P.W.2, H.C. of Subramanyapura Police Station, has deposed that, he was deputed for tracing out the accused Nos.4 and 5 but, succeeding in apprehending the accused No.4 and produced before the Investigating Officer along with his report Ex.P.3. The Investigating Officer/C.W.10, who has investigated the crime and laid the charge sheet by showing the accused No.5 as absconding. But subsequently, the accused No.5 was also traced out and the case was committed to the PCC&SJ, who in turn has assigned the present case to this court. But, accused Nos.4 and 5 have jumped the bail hence, the case against the accused Nos.4 and 5 is ordered to be split up. Hence, the trial was held only against the accused Nos.1 to 3. But, the prosecution has miserably failed to bring home the guilt against the accused Nos.1 to 3 for the offences punishable under Secs.399 and 402 of IPC. The evidence of P.W.1 is not corroborated by any of the prosecution witnesses. Moreover, the alleged panchas C.Ws.2 and 3 have not turned up in order to depose before 7 S.C.No.1022/2015 the court that, they were present at the time of apprehending the accused Nos.1 to 3 and seizure of M.Os.1 to 3. Therefore, it is not safe to base the conviction against the accused Nos.1 to 3 without the corroborating evidence of independent panchas C.Ws.2 and 3. The prosecution though, made effort to secure the C.Ws.2 and 3 but, they were not traced out, as they have changed the address, which revealed from the report of the police. Therefore, the prosecution side is taken as closed by dropping C.Ws.2 and 3 and other police witnesses.
12. The P.W.2 has deposed about the apprehending the accused No.4. The P.W.2's evidence is not much helpful to the prosecution to base the conviction as it is relating to apprehension of accused No.4 only. P.Ws.1 and 2 are the police official witnesses. It is not proper to base the conviction solely relying on the evidence of the police official witnesses, as their evidence is not corroborated by the independent prosecution witnesses. The prosecution has miserably failed to bring home the guilt against the accused Nos.1 to 3 beyond all reasonable doubt. Hence, the accused Nos.1 to 3 are 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;
8 S.C.No.1022/2015ORDER Acting under Section 235 Cr.P.C., accused Nos.1 to 3 are acquitted for the offences punishable under Sections 399 and 402 of IPC. Their bail bonds and surety bonds stand cancelled.
M.Os.1 to 3 shall be retained till disposal of the split-up case registered against the accused Nos.4 and 5.
(Dictated to the Stenographer, transcript thereof is corrected and then pronounced by me in the open court on this the 20th 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 Jnanamurthy
P.W.2 Krishnamurthy
2. LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:
Ex.P.1 Spot Mahazar
Ex.P.1(a) Signature of P.W.1
Ex.P.2 Report/Statement of P.W.1
Ex.P.2(a) Signature of P.W.1
Ex.P.3 Report/Statement of P.W.2
Ex.P.3(a) Signature of P.W.2
3. LIST OF MATERIAL OBJECTS PRODUCED AND GOT MARKED FOR PROSECUTION :
M.O.1 Iron Rod
M.O.2 Knife
M.O.3 Chilly powder packet
9 S.C.No.1022/2015
4. LIST OF WITNESSES EXAMINED & DOCUMENTS EXHIBITED FOR ACCUSED :
- NIL -
[ (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.