Bangalore District Court
The State Of Karnataka vs Ravi Pujari (Split Up) on 23 January, 2016
IN THE COURT OF THE LXI ADDL.CITY CITY AND
SESSIONS JUDGE: BANGALORE CITY
(cch-62)
Dated : This the 23rd day of January, 2016
PRESENT :- SRI. N.P.KOPARDE B.A., LL. B.(Spl.)
LXI ADDL.CITY CIVIL & SESSIONS JUDGE.
SESSIONS CASE NO.18/2009
COMPLAINANT: The State of Karnataka
By Thilaknagar Police Station,
Bangalore.
Reptd. by Public Prosecutor,
City Civil Court Complex,
Bangalore.
V/s.
ACCUSED: 1. Ravi Pujari (Split up)
2. Suresh Pujari (Split up)
3. Yogish R.B (Split up)
4. Kishor Nagesh Hemmadi
@ kishor --------- (DEAD)
2 S.C.No. 18/2009
5. Kaviraj @ Raj @ Prem
(Split up)
6. Mohan S/o Raju, 24 yrs,
R/o No.106, 7th Main, 5th Cross,
Awalahalli, Bengaluru.
7. K.Uday @ Udaykumar Hegde
s/o.K.Umesh Hgde, 42 yrs, Behind
Mahesh Bhoopathi Tennis Court,
Telecom Layout, Veerupakshapura,
Vidyaranyapura, Bengaluru.
8. S.Anand s/o.late Swamy,
(Split up)
9.Viji @ T.Vijaykumar @ Vijay
s/o.late Thangavelu, 29 yrs,
r/o.No.715, 28th Main, Corporation
Colony, 9th Block, Jayanagar,
Bangalore.
10.Shivu @ Shivakumar
s/o.B.S.Premdas, 32 yrs, No.1012,
27th A Main, 9th Block, Jayanagar,
Bangalore.
3 S.C.No. 18/2009
11.Ibrahim s/o.Raza Mohammed,
35 yrs, No.152/2, Cheenar
Residency, Wheelers Road,
Bangalore.
12.C.Mahesh s/o.Changamma 26
yrs, No.28, K.R.Extension, Behind
Siddalingeswara Talkies, J.P.Nagar
6th Stage, Bangalore.
13.Santhosh s/o.Vittal, 30 yrs,
Rangappa's Compound, Sharada
Colony, Near BTS Bus-Stop,
Basaveswaranagar, Bangalore.
14.S.Nataraj Sharma s/o.H.N.S.
Sharma, 37 yrs, No.41/1,
Arkavathi Road, Hanumanthanagar,
Bangalore.
15.Pradeep kumar Jain @ Deepu
s/o.Narendrakumar, No.85/1,
Venkatesh Reddy House, Devara
Chikkanahalli, Bangalore.
16.Arif Iqbal @ Arif s/o.late
Babajan, (Split up)
17.Iqlaq Qhureshi s/o.Iliyaz
Qhureshi, (Split up)
18. Azad s/o.Yasin Ansari,
(Split up)
4 S.C.No. 18/2009
1. Date of occurrence of 15.02.2007
offence
2. Date of report of offence 15.02.2007
3. Date of Arrest of accused A-1 : Absconded
A-2 : Absconded
A-3 & 4 : 11.3.2007
A-6, 7 & 13 : 13.3.2007
A-10 to 12 : 12.3.2007
A-14 : 19.3.2007
A-15 : 20.3.2007
4. Commencement of trial 03.02.2011
5. Closing of trial 03.08.2015
6. Name of the complainant Sri Akram Pasha
7. First information report 15.02.2007
reached to the 9.30 P.M.
Magistrate
8. Offences complained of U/S.302, 120(B), 506(B)
of IPC and Sec.3 and 25
of Arms Act
9. Opinion of the Judge Accused Nos.6,7,9 to
15 are not found guilty
10. Sentence or order Accused Nos.6,7,9 to
15 acquitted as per
the Judgment
5 S.C.No. 18/2009
J U D G M E N T
The charge sheet submitted by Assistant Commissioner of Police MICO Layout police station Sub- Division, Bangalore against the accused for the offences punishable U/s. 120-B, 302, 506-B IPC and Sec.3 and 25 of Arms Act.
2. The brief facts of the case of the prosecution are as under:
With an intention of creating awe in the mind of persons dealing with real estate business and to have control over them and to exact money from them, the Accused No.1-Ravi Poojari who is an under-world don made conspiracy with other accused persons and as per the directions of accused Nos.1, accused Nos.2 to 18 made conspiracy in between January 2007 to 15.2.2007, the accused Nos.2, 10, 11 and 12 in Green Park Bangalore belonging to C.W.57, the accused No.2, 5, 7, 8, 13, 16 and 17 in Viceroy Bar and Restaurant and accused No.2, 3, 10, 11, 12 in Active Estates situated at Hulsoor Haudil Road belonging 6 S.C.No. 18/2009 to accused No.11 and accused No.5, 6, 7, 8, 9 and 10 in Netravathi Enterprises of Suddagunte Palya of killing the owner of Shabnum Developers i.e. C.W.10 K.S.SamiUlla and his companions, accused Nos.14 and 17 apart from participating in conspiracy possessed unlicensed arms. And in pursuance to conspiracy of committing murder of C.W.10 K.S.SamiUlla and his people, the accused No.5 gave training to use pistol near 'Vanaprasta' International School situated at Bagaluru Berikai and then by providing money and block color Pulsor Motor-cycle No.KA-53-E-5961 to accused Nos.8 and 9 and induced them to commit murder of owner of Shubnum Developers and his companions and sent them.
Accordingly, on 15.2.2007 at 2.45 p.m. the accused No.9 as a rider and accused No.8 as a pillion rider went to Shubnum Developers and open fire six rounds of bullets, on account of that, a person by name Ravi working in Shubnum Developers died on the spot and another worker by name Smt.Shylaja sustained grievous injuries and later on succumbed to the injuries in Sagar Apollo Hospital at 4.40 p.m. and thereby the accused committed the offences 7 S.C.No. 18/2009 punishable U/s.120-B, 302, 506-B IPC and Sec.3 r/w.25 of Arms Act. In that regard C.w.1 Akram Pasha at about 3.50 p.m. lodged complaint before the Police, on the basis of which, the Police registered case in Cr.No.34/2007 for the offences punishable U/s. 302, 307 of IPC and Sec.3 and 25 of Arms Act. After completion of investigation submitted charge sheet against the accused Nos.1 to 7 and thereafter filed additional charge sheet against accused No.18.
3. On receipt of the charge sheet the learned 2nd ACMM, Bangalore took cognizance of the offences cited therein. Since the accused Nos.1 to 3, 16 and 17 could not secured by the Police, the committal Court split up the case against accused Nos.1 to 3, 16 and 17. The accused No.4 reported to be dead, so case against accused No.4 was abated. Then prosecution papers were furnished to accused No.5 to 15 and 18 as per Sec.207 of Cr.P.C. Since the offence U/s.302 of IPC and Sec.25 of Arms Act are exclusively triable by the Court of Sessions, the committal Court committed the case against accused Nos.5 to 15 and 18 to Hon'ble Prl. City Civil and Sessions Judge, Bangalore, 8 S.C.No. 18/2009 who inturn registered the case in SC No.18/2009 and pleased to make over the case to this Court for disposal in accordance with law.
4. After receipt of records, hearing the Learned Public Prosecutor for the State and defence counsels for the accused, my learned predecessor in Office on 3.2.2011 framed the charge, for the offences punishable under section 120-B, 506-B, 302, 307 of IPC and Sec.3 r/w.25 of Arms Act against accused Nos.6 to 15 and 18. The charge readover and explained to them, they pleaded not guilty and claimed for tried. The case against accused No.5 was split up. Later on case against accused Nos.8 and 18 was split up.
5. The prosecution in order to prove the guilt of the accused, examined in all 50 witnesses as PWs-1 to 50 and through them, got marked 161 documents at Ex.P1 to P.161 and M.Os.1 to 80. Inspite of sufficient opportunity given to the prosecution, the concerned Police failed to secure the rest of the witnesses. So, the prayer of the prosecution to re-issue NBW to remaining witnesses was rejected and the evidence of the prosecution was taken as closed. 9 S.C.No. 18/2009
6. After closure of prosecution evidence, I examined the accused Nos.6 to 15 U/s.313 of Cr.P.C. so as to enable them to explain the circumstances appearing against them in the evidence of the prosecution. Wherein the accused denied the incriminating evidence appearing against them and did not choose to lead any defence evidence on their behalf.
7. Heard argument of Learned Public Prosecutor for state and defence Counsel for the accused and perused the materials placed on record.
8. The following points arise for my consideration:-
1. Whether the prosecution proves beyond all reasonable doubts that, all accused in prosecution of their common object, as per the direction of accused No.1-Ravi Poojari, made conspiracy with each other of killing C.W.10 K.S.Samiulla the owner of Shubnum developers and his persons by making meeting with each other in between January 2007 to 15.2.2007 at various places such as "Green Park Bar and Restaurant" at Bellary Road in Bangalore belonging to C.W.57, in "Netravati Enterprises" at Suddagunte Palya and 10 S.C.No. 18/2009 "Active Estate" etc accused Nos.1 to 7, 10 to 18 enticing accused Nos.8 and 9 by giving money, bike bearing No.KA-53-5961 to kill C.W.10 and his companions and thereby the accused committed an offence punishable U/s.120-B r/w.149 of IPC.?
2. Whether the prosecution proves beyond all reasonable doubts that the accused in prosecution of their common object gave threat of life to C.w.10 and his companions and other persons having real estate business and thereby committed an offence of criminal intimidation punishable U/s.506-B r/w.149 of IPC?
3. Whether the prosecution proves beyond all reasonable doubts that the accused Nos.5, 7, 8, 14, 15 and 17 transported and possessed unlicensed arms, the split up accused No.5 gave training to accused No.5, 7, 8, 14, 15 and 17 to use of pistol near "Vanaprastha" International School situated at Barikai Road, Bagalur of Hosur Taluk belonging to split up accused No.8 and then gave a pistol loaded with 8 bullets, Accused No.18 as per the direction of accused Nos.1 and 2 promised to supply the arms, received Rs.4 lakhs from accused 11 S.C.No. 18/2009 Nos.5. The accused Nos.17 and 18 brought 4 guns without license from Shikaripura of Muzafernagar and gave one gun to accused No.15 and one gun to accused No.17 and two guns to accused No.5 and thereby accused committed the offences punishable U/s.3 r/w.25 of Arms Act?
4. Whether the prosecution proves beyond all reasonable doubts that on 5.2.2007 the split up accused Nos.1 to 5 alongwith accused Nos.7, 10 to 15 and split up accused Nos.16, 17 and 18 in prosecution of their common object, at about 2.45 p.m., accused No.9 being rider of Pulsor bike bearing No.KA-53-5961 and A-8 being pillion rider went to Shubnum developers, where the A-8 fired bullets, on account of that, the worker by name Ravi died on the spot and another by name Shylaja sustained grievous injuries and later on she succumbed to injuries in Sagar Apollo Hospital at 4.40 p.m. and thereby the accused committed the offence of Murder punishable U/s.302 r/w.149 of IPC?
5. What order?12 S.C.No. 18/2009
9. My findings on the above said points are as under:
Point No.1 : In the negative.
Point No.2 : In the negative.
Point No.3 : In the negative.
Point No.4 : In the negative.
Point No.4 : As per final order, for the following :
R E A S O N S
10. Point Nos.1 to 4 : In order to avoid repetition of facts and since the above points are inter-linked with each other, I take up above points together for my discussion.
Out of 50 witnesses examined by the prosecution, P.W.1 Akram Pasha is the complainant and eye witness and spot mahazar witness in this case. P.W.2 Syed Siraj is a spot mahzar witness. P.W.3 Amzad another mahazar witness. P.W.4 Muralidhar is the husband of the deceased Shylaja. P.W.5 G.Shan Hussain is an alleged eye witness. P.w.6 K.S.Shemiulla is owner of Shubnum developers. P.w.7 Sridhar is the witness and relative of deceased Shylaja is and hearsay witness. P.W.8 Chandrappa is inquest pancha. 13 S.C.No. 18/2009 P.w.9 Janakiram is a hearsay witness. P.w.10 Anand the inquest pancha in respect of deceased Shylaja. P.w.11 Sridhar Rao the relative of deceased Shylaja who is attestor of inquest panchanama of deceased Shylaja. P.w.12-Niranjan Setty is a friend of accused No.3 who said to have given Airtel Sim of his brother to accused No.3. P.W.13 Nityananda Setty is friend of accused No.3 he is said to have heard accused No.3 talking with other accused, getting sim from C.W.21. P.W.14 Chandrakumar is an attestor of inquest panchanama of deceased Ravi. P.w.15 Mariyappa is father of deceased Ravi. P.w.16 M.Sundaregowda is the brother of deceased Ravi. P.w.17 D.Robert is an attestor of seizure panchanama Ex.P.11 to 13. P.W.18 Prabhakar is attestor of seizure panchanama Ex.P.11 to 13. P.w.19 Pradeepa is attestor of seizure panchanama i.e. Ex.P.20 to 22. P.w.20 Manjunath Prasad is attestor of seizure panchanama in respect of pulsar motor cycle, pistol, bullets i.e. Ex.P.26. P.W.21 M.Jgadeesh attestor of seizure panchanama i.e. Ex.P.26. P.w.22 Johnson the attestor of seizure panchanama i.e. Ex.P.22 and 23. P.W.23 14 S.C.No. 18/2009 M.Poglendiran the attestor of seizure mahazar i.e. Ex.P.33. P.w.24 Thayappa is the attestor of seizure panchanama Ex.P.35. P.W.25 Krishna the attestor of seizure panchanama Ex.P.36 and 37. P.W.26 Somalinga is an attestor of seizure panchanama Ex.P.35. P.W.27 Venkatesha is an attestor of seizure panchanama i.e. Ex.P.41 and P.w.28 Subhash is a witness states about conspiracy of the accused in their Green Park Family Restaurant. P.w.29 Shafeer is a witness who said to have been working in the office of accused No.11 and witness with regard to conspiracy of this accused with accused Nos.2, 3, 4, 10 and 12. P.W.30 Suresh M.P. is a witness in whose house accused No.2 was residing as a tenant. P.W.31 Shankar Reddy is owner of Sapthagiri Complex, where accused No.6 was running a Cyber Café by name Netravati enterprises. P.w.32 Harish Kumar is owner of Printing Press who said to have printed visiting cards on the request of accused No.6. P.w.33 K.T.Krishnaiah who is H.C. who brought tins containing bullets, cloths, blood bottles and tin containing skin and swab etc from FSL and produced them before I.O. and thereafter, he took articles 15 S.C.No. 18/2009 to FSL as per the direction of I.O. P.W.34 Dr.Vedavathi N. who is Doctor in Apollo Hospital examined injured Smt.Shylaja and gave first aid treatment, sent MLC intimation and death intimation to the concerned police. P.w.35 M.G.Prabhakar the then Director of FSL Bangalore who examined Cartridges, pistol, pant, shirt, banian and underwear etc and gave his certificate as per Ex.P.54. P.W.36 Balakrishna Kakathkar the Journalist and who was Director of T.V. Serial "Crime Story" in Udaya T.V., who said to have received a phone call from accused No.1 RAvi Poojari he recorded the conversation in Video Tape and handed over it to the Police. P.W.37 Dr. K.V. Satish Assistant Professor of FSL Medical College, Bangalore who conducted P.M. examination of dead body of deceased Smt.Shylaja and deceased Ravi and issued P.M.examiantion report as per Ex.P.60 and 61 respectively. P.W.38 is then H.C. who took FIR and complaint to the Home Office of learned 2nd ACMM, Bangalore. P.w.39 R.Rangappa then H.C. Tilaknagar police station, he took requisition of C.W.82 to the Victoria Hospital for conducting P.M. examination of deceased 16 S.C.No. 18/2009 Smt.Shylaja and after that he handed over the dead body of deceased to P.W.7 Sridhara. P.W.40 Neelam Achyutha Rao, then Police Commissioner is a witness who accorded permission to the I.O. to file charge sheet for the offences under the Arms Act. P.W.41 Basavalingaiah, the then H.C. of Tilaknagar police station who handed over the dead body of deceased Ravi after P.M. examination to its father and produced the acknowledgement before the I.O. P.W.42 Shivalingaiah was then H.C. who brought the death memo of deceased Smt.Shylaja from Sagar Apollo Hospital. P.W.43 Janardhana Rao the then PSI of Tilaknagar police station, he was entrusted with duty of search of accused, accordingly he apprehended accused No.14 and produced him before I.O., so also he apprehended accused No.17, conducted seizure pancha as per Ex.P.71. P.W.44 M.Babu the then Inspector of Police of Hulimavu police station, who apprehended accused Nos.3 and 4 and produced before C.W.83 so also he apprehended accused No.6,7,13,15 and conducted seizure panchanama as per Ex.P.35. P.W.45 Umesha the then Police Inspector of HAS police station 17 S.C.No. 18/2009 apprehended A-8-Ananda. P.W.46 Dr. Nanjundappa the then Deputy Director of FSL, Mysore who examined the articles i.e. Item Nos.3, 9, 21, 28, 37 and 38 and gave report as per Ex.P.80 and further examined M.Os.46 to 83 and gave report as per Ex.P.82. P.W.47 Ramesh is an attestor to seizure panchanama i.e. Ex.P.83 and Ex.P.71. P.W.48 Abdul Sattar the then Police Inspector of Tilaknagar police station is I.O. of the case, who conducted major portion of the investigation. P.w.49 M.N.B.R. Prasad the then Assistant Commissioner of Police, MICO Layout Sub-Division is the I.O. who submitted charge sheet completing the investigation. P.W.50 Syed Asgar Imam the hand-writing and document expert in FSL Bangalore, who examined the documents containing hand-writings and issued his report as per Ex.P.47.
11. P.W.1 Akram Pasha deposed in his evidence that C.w.10 Shemiulla is the owner of Shubnum Developers and since last 30 years he has been dealing with real estate business with C.W.10. C.Ws.2 and 3 also worked with C.W.10. Deceased Ravi and Shylaja were working in 18 S.C.No. 18/2009 Shubnum Developers. Deceased Ravi was doing work of getting, typed the documents and to take to the Advocates and deceased Shylaja was working as a typist. On 15.2.2007 as usual he came to the Office after some time deceased Ravi and Shylaja came to the office for work, at about 11 a.m. C.W.10 Samiulla came to the office and giving some documents to Ravi asked him to get them typed in the office of Advocate-Prakash. At about 2.30 p.m. C.W.10 went to Bannerghatta layout. At about 2.45 p.m. Ravi returned to the office. Since he was in the habit of chewing Panparag, he went outside to bring it, by that time said Ravi and Shylaja were in office, while he was returning to his office and came near the office some 4 persons ran away crying near the office, so he immediately went inside the office and asked Typist Shylaja as to why there was smoke for that, she told that someone shot her by gun, she had sustained injury on the right side of the stomach, blood was oozing and she collapsed. Then he went near Ravi who was at reception counter and saw that he had fallen down on floor in pool of blood and he noticed that he was already 19 S.C.No. 18/2009 dead. So he immediately informed it by phone to C.W.10. Thereafter, C.W.10, police officials of Tilaknagar police station and MICO Layout police station came to the spot, before whom he narrated the incident, the Police obtained his signature on the complaint. Then the police shifted the injured Shylaja in Ambulance to Sagar Apollo Hospital, but she died on the same day. The Police in the spot of offence conducted mahazar and seized gun shot pieces and visiting card which was on the table of Ravi and also collected blood in the spot. He further stated that 3-4 days after the incident the Police again called him to the police station and recorded his statement. In cross-examination of learned Public Prosecutor he denied the suggestion that he gave statement as to he came to know from C.W.10 Samiulla that accused No.1 Ravi Poojari through his companions committed this overt-act and accordingly, he gave statement before the Police. In cross-examination by defence Counsel, P.W.1 stated that he does not know that C.W.10 had not obtained licence to run real estate business, from the Government and there was dispute between him and owners of 20 S.C.No. 18/2009 neighbouring layouts. He denied the suggestion that on 15.2.2007 he had not gone to office and the police themselves wrote the complaint as per their wishes.
12. P.W.2 Syed Siraj is a Driver of Shubnum Developers, he deposed that the deceased Ravi was working in the office of Shubnum Developers sand he was doing the work of documentation and deceased Shylaja was a Computer Operator. He further stated that about 5 years back, Ravi died in the office at Reception hall in a shoot out and Shylaja sustained fire shot injury and later on she lost her breathe in Apollo Hospital. He states that on the date of incident, he had gone for work to another area, by that time, the son of C.W.10 by name Sonu intimated these things to him, so he immediately went to Shubnum Developers office. At about 4.30 p.m. Police Inspector Sattar came to the spot and conducted mahazar as per Ex.P.2 and seized M.Os.1 to 13. In cross-examination by learned Public Prosecutor he denied the suggestion that he saw M.O.4 visiting card containing name of Ravipoojari having a picture of panther, at the time of conducting 21 S.C.No. 18/2009 mahazar. He denied that on 15.2.2007 he gave statement before the Police as per Ex.P.3 as to he would identify the accused persons. In cross-examination of defence Counsel he admitted that he does not know what the Police written in Ex.P.2 mahazar.
13. P.W.3 Amzad is a worker of Shubnum Developers, he states that on 15.2.2007 he was at layout of office at Bannerghatta, by that time, P.w.1 by phone told him that there was a shoot out in the office and as to one of the worker died on the spot and another female worker was injured and she shifted to Hospital. Then he and C.w.10 at about 3.15 p.m. came to Office and saw Ravi had died due to fire shot to his chest. Even before their arrival Smt.Shylaja was taken to Sanjayagandhi Hospital. At about 4 p.m. the Police Inspector Abdul Sattar came to the Office conducted mahazar as per Ex.P.2 and seized M.Os.1 to 13. But in cross-examination by learned Public Prosecutor he denied the suggestion that he gave statement before the Police on 15.2.2007 as to he would identify the accused if they were shown. In cross-examination by defence Counsel 22 S.C.No. 18/2009 he stated that he does not know the contents of Ex.P.2 mahazar. He states that police obtained his 40 to 50 signatures.
14. P.W.4 Muralidhar the husband of deceased Shylaja states that in the year 2007 his wife Smt.Shylaja was working as a Computer Operator in Shubnum Developers Real Estate Office, Jayanagar East Circle. C.w.10 was the owner of the said institution. His wife used to go to office after 10 a.m. and used to return at 6 p.m. On 15.2.2007 at about 10 a.m. as usual she had gone to office for work, at about 3 p.m. when he was in his house someone by phone asked him as to 'whether he was husband of smt.Shylaja,' when he answered 'yes', he asked him to come immediately to the office of Shylaja. Therefore, he went to office in his scooter, when he was near Mount Carmel Convent School he again received a phone call and he was told to come to Jayanagar General Hospital. When he went there some persons were taking Shylaja on a stretcher inside the Hospital, he noticed that her cloths were stained with blood and when he enquired some one told him as to two unknown 23 S.C.No. 18/2009 persons came to office fired with pistol. The Doctors in the Hospital after giving first aid treatment, told them to take her to another Hospital for higher treatment. So with the help of others he shifted her to Sagar Apollo Hospital of Tilaknagar. The Doctors took her to operation theatre and after a short while, the Doctor told that his wife died.
15. P.W.5 Jishan Hussain states that his father was running a retail store by name "Lucky Store" in East End Cross, 9th Block, Jananagar, which is situated opposite to Shubnum Developers. He knows C.W.10 Samiulla the owner of the office, he knows Akram Pasha and deceased Ravi. On 15.2.2007 in afternoon, his father had gone to take meals by that time, he was in the shop, at that time, the said Akram Pasha came to his shop to purchase panparag by that time he heard a blast sound from the office of Shubnum Developers so Akram Pasha immediately went towards office, since there was no one to look after the shop he could not go with Akram Pasha. The persons gathered there told that a person by name Ravi in the office was shot dead and one female worker was injured and she shifted to 24 S.C.No. 18/2009 Hospital in Ambulance. He denied the suggestion of learned Public Prosecutor that while giving statement before the Police on 16.2.2007 he stated before the Police as to he heard from the others that two unknown persons came on a motor bike fired with pistol to Ravi and Shylaja and ran away from the spot.
16. P.W.6 K.Samiulla deposed in his evidence that, since last 20 years he has been running real estate business in Shubnum Developers. In the year 2007 in his office situated at East-end 'D' Main Road at Jayanagar, P.W.1 Akram Pasha was supervising the work of the institution. The deceased Ravi was looking after the work of documentation and deceased Shylaja was working as Computer Operator. On 15.2.2007 he was in office from 12 noon to 1.00 p.m. and thereafter he went to his Bannerghata Farm house, after half an hour he left the office, P.W.1 Akram Pasha told him by phone that two unknown persons came to the office and fired with pistol, so he returned to the office, by that time, number of persons had gathered, the police had come and verifying the spot in the office. 25 S.C.No. 18/2009 When he went inside the office, he saw Ravi was found dead and one of his worker by name Shylaja who was injured and was taken to Hospital, later on he came to know that on the say day at 4.00 p.m. the said Shylaja died. The Police recorded his statement, but he did not give any statement as to who were responsible for these mis-happenings. In cross-examination by learned Public Prosecutor he denied the suggestion that one day on the last week of December, a person came to his office, saying himself as a person from Ravi Poojari and that he (P.W.6) was helping Dawood Ibrahim and Chota Shekhil and worned him as to he should not help him otherwise Ravipoojari told him as to that he would not spare him and his companions alive. He further denied the suggestion that in the month of January, the accused Ravipoojari by phone told Ravi and Shylaja as to their owner had not left the company of Dawood Ibrahim and Chota Shekhil and they would kill them and their owner. He denied the suggestion that he gave statement as per Ex.P.5 and P.5(a), before the Police that accused Ravipoojari and his companions committed these offences. 26 S.C.No. 18/2009
17. P.W.7-Sridhara the brother of the husband of the deceased Shylaja stated that on 15.2.2007 his brother Muralidhar told him by phone that some unknown persons fired with pistol to his wife Shylaja and asked him to come to Sagar Apollo Hospital and accordingly he went to Sagar Apollo Hospital, by that time, Shylaja admitted in emergency ward and after ten minutes the Doctors therein told that Shylaja lost her breathe. At the time of inquest mahazar he gave statement to the Police as to some unknown culprits made firing with pistol to Shylaja and after four days of the incident he came to know that another person was also died on the date of incident.
18. P.W.8 Chandrappa deposes that deceased Ravi was his wife's brother. Said Ravi was working as a Car driver and P.A. in Shubnum Developers in the year 2007. One day in the year 2007 when he was in his house, P.W.1 Akaram Pasha by phone told that Ravi was injured in firing in the office, therefore he immediately went to the office and saw Ravi had fallen died in pool of blood in the office. Then the Police took the dead body of the deceased Ravito Victoria 27 S.C.No. 18/2009 Hospital, there the Doctors conducted Inquest mahazar as per Ex.P.6. He further stated that when he had gone to Shubnum Developers office a women by name Shylaja was also injured in firing, but she was taken to Hospital prior to his arrival to the office. He denied the suggestion of Learned Counsel for the accused that he did not give statement before the Police as to the persons gathered near the spot of incident that some unknown persons made shoot out in order to extract money from Samiulla since he was doing real estate business.
19. P.W.9 Sri Janakiram the brother of the deceased Shylaja stated that when he was in Chintamani, his brother from White Field made a phone call to him and asked him to come alongwith mother and other family members immediately. Therefore, he, his mother, his wife, his brother and brother's wife went to the house of this witness, where he told that Shylaja was shot by gun and she was in Hospital, when they went to the Hospital, by that time, Shylaja had already died. He saw the dead body of Shylaja in mortuary of Victoria Hospital, there was a wound 28 S.C.No. 18/2009 mark of gun shot on her right arm. He denied the suggestion of learned Public Prosecutor that when Shylaja and deceased Ravi were working in Shubnum Developers some two unknown culprits came there on a Motor-Bike and fired with pistol in that incident, the said Ravi died in the spot and Shylaja was shifted to Hospital.
20. P.W.10 Anand deposes in his evidence that on the next day of the Shivaratri Festival i.e. on 15.2.2007 he saw the dead body of Shylaja in Sagar Apollo and Victoria Hospitals. She had sustained bullet shot injury on her stomach. The Police in that regard conducted inquest panchanama as per Ex.P.8 and obtained his signature.
21. P.w.11-P.V.Sridhar Rao on 15.2.2007 he received a phone call as to there was a shoot out in Shubnum Developers and in the said incident, his wife's cousin Smt.Shylaja sustained injury and she was shifted to sagar Apollo Hospital, accordingly he went to the Hospital, where, the Doctors told that Shylaja was no more. On the next day, the Police in mortuary of Victoria Hospital conducted inquest panchanama of deceased Shylaja as per Ex.P.8. 29 S.C.No. 18/2009
22. P.W.12 Niranjanasetty stated that he is running Vishwa Enterprises of Airtel Connection, Nityananada Setty i.e. C.W.2 is a owner of a Hotel nearby his office to whom his brother Ashwinisetty provided Airtel Sim, but he does not know the sim number. He does not know with whom the said Nityananadasetty talking and with whom he had communication. Thereafter, he came to know that a murder was committed in Bangalore. In that regard, the Police called him and recorded his statement. He denied the suggestion of learned Public Prosecutor that the said Nityananda Setty used to talk with one Yogish from sim No.9880195991 and he came to know that said Yogish and accused Ravi Poojari had communication with each other and accordingly, he gave statement before the Police as per Ex.P.9. He further denied the suggestion that the accused- Ravi Poojari through his companions made shoot out in Shubnum Developers office and caused death of workers of the office by name Ravi and Shylaja and accordingly, he gave statement before the Police as per Ex.P.9 and Ex.P.9(a) respectively.
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23. P.W.13-Nityanandasetty stated in his evidence that in the year2007 he got Airtel Sim in the name of his brother Ashwin and he knows accused Yogish. In the year 2007, Tilaknagar Police called him to the police station, later on he came to know from press and T.V.Media as to in a shoot out, a woman and a man died due to gun shot. He denied the suggestion of learned Public Prosecutor that the accused Yogish assured to give money to Wilson through Vijaya Poojari and these things came to his knowledge since the accused Yogish talked with Accused No.1-Ravi Poojari by phone in his presence and accordingly, he gave statement before the Police as per Ex.P.10 and P.10(a).
24. P.W.14-Chandrakumar H. deposed that on 15.2.2007 when he was in his house at Mysore, his wife's sister's husband by phone told that Ravi has been shot dead and asked him to come immediately to Bangalore. Accordingly, he went to Victoria Hospital, Bangalore and saw the dead body of deceased Ravi. The Police in that regard conducted inquest panchanama as per Ex.P.6. He came to know that when Ravi was in his office, some unknown 31 S.C.No. 18/2009 persons came on a bullet vehicle and fired and in the incident, one Shylaja was also died due to injuries.
25. P.W.15 - father of the deceased Ravi deposes that hi son Ravi was working under P.W.6-Samiulla, as a Car driver. In the year 2007, when he was in his house at Chunchaghatta, he came to know that his son was shot dead in his office, so he immediately went to Victoria Hospital saw the dead body of his son who had sustained gun shot injury on his chest, where the police obtained his signature on inquest panchanama i.e. Ex.P.6. But he does not know what was written in the inquest panchanama and he does not know who made the gun shot and for what reason his son was shot dead. He denied the suggestion of learned Public Prosecutor that he did not give statement before the Police as per Ex.P.6(a) at the time of inquest panchanama.
26. P.W.16 M.Sundaregowda the brother of the deceased Ravi deposed that on 15.2.2007 when he was in his house at Chunchaghatta, by that time, his sister's husband informed that Ravi was injured with gun shot and asked him to come to the office of Samiulla immediately. When he 32 S.C.No. 18/2009 went there he came to know that Ravi was shot dead by some unknown culprits and his dead body was taken to Victoria Hospital. Accordingly, at about 7 p.m. he went to Victoria Hospital and saw the dead body of his brother Ravi, but he does not know for what reason he was shot dead. He denied the suggestion of learned Public Prosecutor that while his brother Ravi was working in Shubnum Developers office some unknown culprits shop him dead and accordingly, he gave statement before the Police as per Ex.P.6(b).
27. P.W.17-D.Robert is an attestor of panchanama i.e. Ex.P.11. He stated in his evidence that when he was working in a Printing Press near Sanjaya Gandhi Hospital, the Tilaknagar Police came to his office and obtained his signature saying that he has to put his signature as a witness. He denied the suggestion of learned Public Prosecutor that the Police conducted mahazar as per Ex.P.11 to P.13 and seized three Mobile phones from the possession of accused Nos.10, 11 and 12. He further denied the suggestion that he gave statements before the Police as per Ex.P.14 to P.16.
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28. P.W.18-Prabhakar deposed that about 5 years back when he was in his mechanic shop at Jayanagar, the Police called him to the police station and obtained his signatures saying that they had conducted mahazar in respect of mobile phone trap and seizure of mobile phones. In cross- examination by learned Public Prosecutor he denied the suggestion that the police conducted the seizure mahazar as per Ex.P.11 to 13 and seized mobile phones and accordingly, he gave statements before the Police as per Ex.P.17 and 18.
29. P.W.19-Pradeep an attestor of seizure panchanama i.e. Ex.P.20 to 22, he stated that about 4-5 years back when he was in Jayanagar, the Police called him to the police station and obtained his signatures by showing mobile phones seized, but in cross-examination by learned Public Prosecutor he denied the suggestion that police conducted seizure panchanama as per Ex.P.20 to 22 with regard to seizure of mobile phones from accused Mohan, Santhosh, and Viji alias Vijayakumar and accordingly, he gave statements to the Police as per Ex.P.23 to 25. 34 S.C.No. 18/2009
30. P.W.20 stated that he does not know accused No.5 Kaviraj, he further stated that about 5 years back when he was in his house at Jayanagar 9th Block, seeing the persons going towards Shubnum Developers office, he went there, by that time, the Police had a gun, asked him as to whether he had seen the gun earlier and obtained his signature. He denied the suggestion of learned Public Prosecutor that on 13.3.2007 the accused No.5 took him and two panchas near main gate of Bangalore Railway Station and produced a pistol, six bullets and 18 visiting cards having name of Ravi Poojari, black color bag, from a Bajaj Pulsor Motor-bike, which the Police seized alongwith Motor-cycle conducting mahazar as per Ex.P.26 and accordingly, he gave statement before the Police as per Ex.P.27.
31. P.W.21 Jagadish M stated that he affixed signature on Ex.P.26 at Tilaknagar police station, but he does not know why police obtained his signature and he does not know accused No.5 Kaviraj. He denied the suggestion by learned Public Prosecutor that on 13.3.2007 the accused No.5 took him and other pancha and Police to the main gate 35 S.C.No. 18/2009 of Bangalore Railway Station where he produced a pistol, six bullets, 18 visiting cards having the name of accused No.1 Ravi Poojari, block color bag, which the police seized alongwith Motor-cycle conducting mahazar. He further denied that he gave statement before the Police as per Ex.P.28.
32. P.W.22-Johnson is an attestor of mahazar Ex.P.22 he stated that the Police called him to the police station on 12.3.2007 and obtained his signature, but no panchanama was conducted, no articles were recovered in his presence. In cross-examination by learned Public Prosecutor he denied the suggestion that on 12.3.2007 the Police conducted mahazar as per Ex.P.22 and 23 and they seized mobiles and key bunch and accordingly, he gave statement before the Police as per Ex.P.24 and 25 respectively.
33. P.W.23-Pogale Indiran who is an attestor of seizure panchanama Ex.P.33. He deposed that Ex.P.33 bears his signature, but he does not know why the Police obtained his signature. He does not know the contents of Ex.P.33 nor the Police took him to Kolar District Chintamani, Aswini 36 S.C.No. 18/2009 Layout 2nd Cross Chowdeswari Nagar infront of the house of Venkatappa nor Police recorded his statement. In cross- examination by learned Public Prosecutor that he denied the suggestion that the Police took him near the house of Venkatappa i.e. Chowdeswari Nilaya 2nd Cross, Main Road Aswini Layout Chintamani Kolar District where the Police seized a Wagner Car, Yellow color bag and pistol and three live bullets conducting mahazar as per Ex.P.33. He further denied the suggestion that he gave statement before the Police as per Ex.P.34.
34. P.W.24-Thayappa states that the Police called him to the police station and obtained his signature, but they have not conducted any mahazar nor seized any articles. In cross-examination by learned Public Prosecutor he denied the suggestion that on 21.3.2007 the accused No.15 led him and police to the house No.85/1, situated at Chetan Layout, Devarachikkanahalli and produced a pistol, 3 bullets which the police seized conducting mahazar as per Ex.P.35 and accordingly, he gave statement before the Police as per Ex.P.36.
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35. P.W.25 Krishna states that about 2-3 years back the Police called him to police station and then took him to a village in a Jeep and obtained his signature, but they did not conduct any panchanama nor seized any articles, nor the police recorded his statement. In cross-examination by learned Public Prosecutor he denied the suggestion that on 13.3.2007 the Police took him to the house of one Krishnappa situated at Therupete, Birakki village, Hosur, Tamilnadu State where the accused Anand produced a country made pistol, a live bullet, and a mis-fired bullet, jeans pant and shirt, which the Police seized conducting mahazar as per Ex.P.37 and he further denied that he gave statement before the Police as per Ex.P.38.
36. P.W.26 Somalinga the attestor of seizure panchanama i.e. Ex.P.35, he deposed that he had gone to Tilaknagar police station for his personal work, by that time, the Police obtained his signature, but he does not know the contents of Ex.P.35. In cross-examination by learned Public Prosecutor he denied the suggestion that on 21.3.2007 the accused No.15 led him and police to house No.85/1, Chetan 38 S.C.No. 18/2009 Layout, Devarachikkanahalli and produced a pistol, three live bullets which the police seized conducting mahazar as per Ex.P.35. He denied the suggestion that he gave statement before the Police as per Ex.P.40.
37. P.W.27 Venkatesh the attestor of seizure mahazar i.e. Ex.P.41, he stated in his evidence that the Police obtained his signature on Ex.P.41 in Tilaknagar police station, but the police did not conduct any panchanama nor recorded his statement nor seized any articles in his presence. During the course of cross-examination of learned Public Prosecutor he denied the suggestion that on 20.3.2007 the Police took him to House no.107 of accused No.5-Kaviraj situated at 2nd Main, Vishwapriya Layout, Bangalore, where the Police made search and seized 20 visiting cards having name of Accused No.1 Ravi Poojari and a photo having the picture of accused Kaviraj and another accused Nataraj Sharma, conducting seizure panchanama as per Ex.P.41. He denied the suggestion that the Police recorded his statement as per Ex.P.42.
39 S.C.No. 18/2009
38. P.W.28 Subash, states that he has been running Hotel by name Green Park near Jakkur Aerodrome, Yelahanka, he does not know the facts of the case. The Police have not recorded his statement. In cross- examination by learned Public Prosecutor he denied the suggestion that he gave statement as to accused used to come to his Hotel alongwith accused Suresh Poojari and other accused used to talk with under-world Don Ravi Poojari and made a conspiracy to murder the real estate businessman Samiulla and accordingly he identifying the accused gave statements before the Police as per Ex.P.43 to
45. He further denied the suggestion that he gave statement before the Police as he could identify accused Suresh Poojari and others as per Ex.P.44.
39. P.W.29 Shafir states that in the year 2007 he was working as a Marketing Executive of Active Company. Accused No.11 Ibrahim was a Director of the said Company. He stated that he does not know which of the friends of accused No.11 used to come to the Office nor he knows the facts of the case. He denied the suggestion of learned 40 S.C.No. 18/2009 Public Prosecutor that he gave statement before the Police as per Ex.P.46 and he further denied the suggestion that on 12.3.2007 identifying the accused Shivu, Mahesh and Ibrahim, he gave statement before the Police as per Ex.P.47 and on 11.3.2007 identifying the accused Yogish and Kishore, he gave statement as per Ex.P.48.
40. P.W.30-Suresh M.P. states that he had purchased house on the ground floor in plot No.7 in East-West Residency of J.P.Nagar which he let out to one Smt. Sona Rao she was residing with her husband and with her two children. He further states that in the month of March, the police called him to his apartment and took the master key of his house and told that in his house accused-Suresh Poojari was residing in the said house saying his name as Praveen Rao. He further stated that he gave the rent agreement copy to the Police and he does not know any other facts of the case. He further stated that he came to know from T.V. that one Smt.Shylaja and one Ravi who were working in Shubnum Developers were murdered, but he does not know who involved in commission of the crime and he 41 S.C.No. 18/2009 does not know whether his tenant Praveen Rao was involved in that act. In cross-examination by learned Public Prosecutor he denied the suggestion that on 6.3.2007 his tenant Sona Rao in night hours left the house without intimation and he identified Suresh Poojari in the photograph shown to him by police as to the said accused Suresh Poojari was residing with his wife Sona Rao and accordingly, he gave statement before the Police as per Ex.P.49(a). P.49(b) and P.49(c).
41. P.W.31 Shankar Reddy states that he is owner of Sapthagiri Complex of H.G.Palya and he let out shop No.9 of ground floor to one Mohan Das receiving two lakhs rupees as advance. All the affairs of the complex were being looked after by his wife's brother, he does not know whether said Mohan Das was running a Cyber Café by name Netravati. He stated that he did not give any statement before the Police as to he came to know that the accused Mohan Das was involved in firing at Shubnum Developers which ended in death of a women and a man who were working in Shubnum Developers. In cross-examination by learned Public 42 S.C.No. 18/2009 Prosecutor he denied the suggestion that he gave statement before the Police as per Ex.P.50 as to he would identify the accused Mohan Das.
42. P.W.32- Harishkuamr K.N. the owner of Printing Press states that he does not know whether the accused came to his office and got printed visiting cards in his printing press and he cannot identify the visiting cards. In cross-examination by learned Public Prosecutor he denied the suggestion that the accused No.6 Mohan about two moths back came to his printing press got printed the visiting cards and whom he identified and also identified the visiting cards and gave statement before the Police as per Ex.P.51.
43. P.W.33-K.T.Krishnaiah, the then Head Constable of Tilaknagar police station stated in his evidence that in connection with this case, he was entrusted with work of collecting cloths of deceased and bullets accordingly, he went to Victoria Hospital FSL Section and received the tins containing bullets, cloths, blood bottles, skin and a tin containing swab and produced them before the I.O. and gave 43 S.C.No. 18/2009 statement accordingly. He further stated that on 2.5.2007 as per the direction of I.O. he took the articles and records to FSL Bangalore and receiving the acknowledgement produced it before ACP.
44. P.W.34 DR. Vedavathi N. states that since last 9 years she has been working as Medical Officer in Sagar Apollo Hosptial. On 15.2.2007 injured by name Shylaja was brought to the Hospital with pre-history of Gun shot injury. On examination of her, she found an injury on her left chest. After giving first aid to her referred to O.T. and sent MLC intimation to the Police. On the same day at 4.40 p.m. the injured Smt.Shylaja died and in that regard she sent a death memo as per Ex.P.53 to the Police.
45. P.W.35 N.G.Prabhakar the Director of Ballistic section in FSL Bangalore deposes that on 11.4.2007 in Cr.No.34/2007 the investigating Officer sent item Nos.1, 2, 5 to 8, 10, 20, 22 to 30, 31 to 36, 39 to 41, 48 to 51, 54 to
57. On verifying the items he found the seals of item Nos.1, 5 to 8, 10 to 20, 22 to 30, 31 to 36, 39 to 41, 48 to 51 and 54 to 57 were in order and they were tallying with sample 44 S.C.No. 18/2009 seal. After examination of those articles he gave report as per Ex.P.54.
46. P.W.36 Balakrishna Kakathkar says that since last 30 years he has been working as Press Reporter and he was anchoring "Crime Story" Serial in Udaya T.V. Channel. Accused No.1 Ravi Poojari by making phone call, stated before him as to he himself got murdered the persons in this case. Accused No.1 Ravi Poojari by phone stated before him as to P.W.6-Samiulla got connection with under- world Dons Dawood Ibrahim and Chota Shekeel and he would not spare any one alive who got connection with Dawood Ibrahim and Chota Shekeel and he further told that for that reasons since Samiulla had contact with Dawood Ibrahim and Chota Shekeel, he got murdered the persons working in the office of Samiulla. He further stated that he recorded the conversation of accused No.1 Ravi Poojari with him in a cassette, which he gave to the Police, which the police seized conducting mahazar as per Ex.P.59.
47. P.W.37 Dr K.V.Sathish the then Associate Professor of Medical college, Bangalore deposed that on 45 S.C.No. 18/2009 16.2.2007 on the requisition of Police Inspector of Tilaknagar police station he conducted P.M. Examination on the dead body of Smt.Shylaja in between 10.35 a.m. to 11.55. a.m. and issued P.M. examination report as per Ex.P.60 opining that death was due to injury on account of bullet shot, hemorrhage and shock.
48. P.W.38 Revanna the then HC-912 deposed that on 15.2.2007 as per the direction of SHO he took FIR and complaint to the Home Office of learned 2nd ACMM, Bangalore and gave them at 9.30 p.m. and gave report before the SHO as per Ex.P.62.
49. P.W.39 R.Ragnappa the then ASI states that on 16.2.2007 at about 10 a.m. the Police Inspector Abdul Sattar directed him to give memo to the Medical Officers at Victoria Hospital and got conducted P.M. examination on dead body of deceased Smt.Shylaja. Accordingly, he went to Hospital and gave requisition to medical officer, Victoria Hospital who conducted P.M. on the dead body of deceased Shylaja and then he handed over the dead body to the 46 S.C.No. 18/2009 relative of Shylaja by name Sridhar and returning to the police station he gave report as per Ex.P.63.
50. P.W.40 Neelam Achyutha Rao the then Commissioner of Police, Bangalore deposed in his evidence that in the month of February, 2007 there was an incident of death of two persons by gun shot and ACP MICO Layout, Bangalore had took over the investigation and who arrested six accused persons and seized six arms and bullets etc. The I.O. had sought permission for submitting charge sheet for the offences under the provisions of Arms Act. Accordingly, he accorded permission as per Ex.P.65.
51. P.W.41 Basavalingaiah the then H.C. Tilaknagar police station states that on 16.2.2007 he was appointed as dead body sentry of dead body of deceased Ravi. After P.M. examination he handed over the dead body to the father of the deceased Ravi by name Mariyappa and received acknowledgement as per Ex.P.66.
52. P.W.42-Shivalingaiah the then H.C. of Tilaknagar police station deposed in his evidence that on 15.2.2007 when he was SHO received a memo from Sagar Apollo 47 S.C.No. 18/2009 Hospital, stating that one Smt.Shylaja who was working in Shubnum Developers sustained injuries due to gun shot and she was under treatment. So he intimated this fact to his superior Officers, mentioned the same in a Station House Dairy and went to Sagar Apollo Hospital and enquired with doctor as to whether Smt.Shylaja was in a position to give statement. At 5.30 p.m. he received a death memo from Sagar Apollo Hospital that the injured Shylaja was died.
53. P.W.43-Janardhan Rao the then PSI of Tilaknagar police station stated in his evidence that on 19.3.2007 ACP of MICO Layout entrusted him with work of tracing out the accused, accordingly on the information furnished by informers, he arrested accused No.14 Nataraj Sharma at Kalasipalya, Ayyappaswamy Temple at 7.00 p.m. and produced before ACP-Prasad and gave report as per Ex.P.69. On 20.3.2007 on the information given by informers, he arrested accused No.17-Iqlaq Qureshi at 9.00 p.m. and produced him before ACP Prasad and gave report as per Ex.P.70. On 21.3.2007 on the basis of voluntary statement of accused, went to the house of accused No.17 and seized a 48 S.C.No. 18/2009 pistol, three bullets conducting seizure mahazar as per Ex.P.71 and recorded the statement of pancha by name Ramesh, then produced the accused with report as per Ex.P.72 before ACP Prasad, then he was entrusted with work of search of accused Nos.1 and 2, but he could not trace them out and accordingly, he gave report as per Exs.P.73 and 74 respectively.
54. P.W.44 M.Babu then Inspector of Hulimavu police station, stated in his evidence that on 11.3.2007 as per the direction of C.W.83 i.e. ACP of MICO Layout, he went in search of accused Nos.3 and 4 and as per the information furnished by the informers, he came to know that accused Nos.3 and 4 were in Mulki and Kundapur, so he informed it to the I.O. and went to Mulki Bus-stand and arrested accused No.3 and then accused No.3 himself shown accused No.4 at Kundapura whom he arrested and brought before ACP and gave report as per Ex.P.75. On 13.3.2007 as per the direction of I.O. he went to the Vidyaranyapura and arrested accused Nos.6, 7 and 13 and produced them before ACP and gave report as per Ex.P.76. On 20.3.2007 he 49 S.C.No. 18/2009 arrested accused No.15 in his house at Devarachikkanahalli and produced before ACP and gave report as per Ex.P.77. On 21.3.2007 accused No.15 Deepu alias Pradeep led him and panchas to his house at Devarachikkanahalli and produced pistol and three bullets which he seized conducting panchanama as per Ex.P.35 and produced accused no.15, panchanama with his report before ACP as per Ex.P.78. He recorded the statements of panchas i.e. P.Ws.24 and 26 as per Ex.P.36 and P.40 respectively.
55. P.W.45 Umesh, the then Police Inspector HAS police station stated in his evidence that, in the month of February, 2007 DCP of Tilaknagar police station entrusted him with work of searching of accused in this case and as per the oral direction under the guidance of ACP of MICO Layout, he, his staff Manjunath Hegde, Muniraju and Srinivasa on 12.3.2007 at 7 p.m. in Attibele Bus-stand arrested accused No.8-Anand and produced before ACP of MICO Layout at 9.30 p.m. and gave report as per Ex.P.79.
56. P.W.47 - Ramesh is an attestor of panchanama i.e. Ex.P.83 deposes in his evidence that about 5 years back 50 S.C.No. 18/2009 some police and public had gathered in Gurappana Palya, when he went there, the Police obtained his signature, but he does not know the contents of panchanama. In cross- examination by learned Public Prosecutor he denied the suggestion that on 19.3.2007 Tilaknagar Police called him to the police station where the accused No.14-Nataraj Sharma produced a Nokia Mobile phone which the police seized conducting seizure panchanama as per Ex.P.83. He further denied the suggestion that accused No.17 on 21.3.2007 led him and Police to his rented house situated at Kogila layout Yelahanka and produced a pistol and three bullets, which the Police seized conducting seizure mahazar as per Ex.P.71. He further denied the suggestion that he gave statement before the Police as per Ex.P.84 and 85 respectively.
57. P.W.46 Dr Nanjundappa B the then Deputy Director of FSL Bangalore deposed in his evidence that on 11.4.2007 ACP of MICO Layout sent six sealed items for examination. On verifying the same, the seal on those items were intact and the seal were tallying with sample seal on opening the items he found they contained :
51 S.C.No. 18/2009
1) Blood scrapping (in plastic container)
2) Blood scrapping (In plastic container)
3) Blood sample (in glass bottle)
4) Blood sample (in glass bottle)
5) One Jeans Pant.
6) One shirt.
On examination of the same, he found except item No.38(six) all the articles were having stains of blood. The blood particles on item Nos.3, 21 and 30(a) were not suitable for examination. After examination of each article packed them separately put the seal and number and sent them back to the investigating officer alongwith his report i.e. Ex.P.80. He further stated that on 27.4.2007, 18 sealed articles were sent for chemical analysis. On verifying the same, the sample seals were tallying with seal on list of articles. After chemical analysis he submitted his report as per Ex.P.81 to the investigating officer. He further stated that the stains on those articles were having stains of human blood.
52 S.C.No. 18/2009
58. P.W.50 Syed Asgar Imam then Hand-Writing and Document expert in FSL, Bangalore deposes that on 11.4.2007 he received in all nine articles from Tilaknagar Police, after thorough scientific examination of questioned and specimen writings and printings he came to the conclusion that the specimen writing i.e. S-1 to S-12 and questioned writings i.e. Q-1 and Q-2 are written by one and the same person. The printings found on the visiting cards i.e. A4-1, A-42-1 to 18, A-43-1 to 28, A-45-1 to 25, A-47-1 to 20, A-52-1 to 20, A-53-1 to 17 were tallying with one another and they were all from the same source and accordingly, he issued a report as per Ex.P.147. He submitted the enlarged prints of above documents with super imposed visiting cards. He further stated that he examined M.Os.4, 67, 69, 73, 74 and Ex.P.99 visiting cards.
59. P.W.48 Abdul Sattar then Police Inspector, Tilaknagar police station stated in his evidence that on 15.2.2007 at about 2.55 p.m. he received a message from control room through wireless that shoot out was occurred in Shubnum Developers situated at East-end 'D' Main Road. 53 S.C.No. 18/2009 So he immediately went to the spot and saw a person by name Ravi had fallen in pool of blood. The blood was scattered on the ground and bullet pieces were there alongwith cartridges and glass pieces. On reception table a visiting card having name of Accused No.1 Ravi Poojari. On enquiring Akram Pasha he told that a worker in Shubnum Developers by name Shylaja sustained bleeding injuries and she was shifted to Sagar Apollo Hospital. He revealed that two unknown culprits came on a Motor-cycle and one of them entered the office and fired on the Ravi and Shylaja. He further stated that then he directed the dog squad and others to come there. Then he recorded the complaint of Akram Pasha and registered case in Cr.No.34/2007 and sent FIR to the Hon'ble Court and his superior officer. He visited the Apollo Hospital where Smt.Shylaja was taking treatment. He visited the spot of offence, in presence of C.Ws.2 and 3, conducted spot mahazar in between 4.30 p.m. to 6.00 p.m. and seized six empty cartridges and a visiting card of Ravi Poojari, sample blood of deceased Ravi and blood of Smt. Shylaja, two bullet pieces and glass pieces. 54 S.C.No. 18/2009 Thereafter, FSL officers visited the spot and verified the places. Then he sent the dead body of Ravi to P.M. examination, recorded the statements of C.Ws.2 and 3. In the mean while, he received a death memo from Hospital stating that Shylaja succumbed to the injuries as per Ex.P.53. Then he went to Apollo Hospital send the dead body of deceased Shylaja for P.M. examination to Victoria Hospital and after returning to the police station he recorded the statements of C.Ws.4 and 5, sent a requisition to his higher officers to ascertain the mobile numbers and M.O.4 visiting card through service providers. On 16.2.2007 he went to Victoria Hospital conducted inquest panchanama of deceased Smt.Shylaja in presence of panchas C.Ws.8, 11 and 13 as per Ex.P.8 and recorded the statements of C.ws.14 and 15, then he sent the sample blood of Smt.Shylaja, swab and skin to FSL and sent the dead body of deceased for post mortem. On the same day at about 10.15 a.m. to 12.15 p.m. he conducted inquest panchanama of deceased Ravi in mortuary of Victoria Hospital in presence of C.Ws.16 to 18 as per Ex.P.6 and recorded the statements of C.Ws.19 and 55 S.C.No. 18/2009
20. He directed the staff i.e. ASI Eregowda, C.W.72 and other staff to search accused persons. On the same day, he recorded the statement of C.W.8 and on 17.2.2007 recorded the statement of C.W.9. In the mean while in T.V. Media and newspapers, accused Ravi Poojari had claimed that he caused murders of the above persons through his companions. He recorded the statements of C.Ws.6 and 7. On 20.2.2007 he recorded the statement of C.W.10 K.S.Samiulla and Sundar Singh and further statement of C.W.1-Akram Pasha. On 21.2.2007 he recorded the statements C.W.21 Niranjana Setty and one Sri Nityananda Setty-C.W.22. On 22.2.2007 he sent a requisition to Hon'ble Court to insert Sections 506 and 120-B of IPC. On 24.2.2007 his staff i.e. C.W.17 produced 3 swabs, 3 skin samples and a bullet taken out from the dead body of deceased Shylaja and sample blood before him from Victoria Hospital. By the same time, 4 swabs, two bullets removed from the body of deceased Ravi. 4 skin samples and cloths of deceased Ravi were produced before him. On 24.2.2007 C.w.17 gave report before him as per Ex.P.70. On 56 S.C.No. 18/2009 the same day, ACP had sent call details collected in respect of this case, on the basis of visiting cards found on the spot, containing 44 sheets i.e. Ex.P.91. On 8.3.2007 he handed over further investigation to C.W.83. On 12.3.2007 as per the direction of C.W.83 he apprehended accused Nos.10, 11 and 12 near Sindhoora Kalyana Mantapa, 6th Phase, J.P.Nagar and produced them before C.W.18 and gave report as per Ex.P.92. On 30.3.2007 as per the direction of C.w.83, the accused No.8 Anand led them and C.Ws.3 and 34 to Birakki village of Hosur Taluk, Tamilnadu State to his rented house and produced one pistol, one life bullet, one mis-fired bullet, one jeans pant and one blue checks shirt and one bag which he seized conducting mahazar as per Ex.P.36. Then accused No.8 took them near Vanaprasta International School in a group of mango trees, stating that where he got training to use pistol. From that place empty cartridge was seized conducting mahazar as per Ex.P.37. Then he returned to police station alongwith accused No.8 produced panchanama i.e. Ex.P.36 and 37 and gave reports as per Ex.P.93 and 94. On 20.3.2007 C.W.83 directed him 57 S.C.No. 18/2009 to search the house of accused no.5 Kaviraj, accordingly, he went to the house No.107 situated at Viswapriya Layout in Begur and they seized 20 visiting cards having name of Ravi Poojari and one photo conducting mahazar as per Ex.P.41. Then he returned to the police station and gave report as per Ex.P.101.
60. On the same day i.e. on 20.3.2007 on the information furnished by the informers he alongwith PC 7362 to Gurappana Palya and arrested accused No.16 Arif Iqbal and brought him to the police station and gave his report as per Ex.P.102. On the same day at the instance of accused, he took accused Nos.5 and 14 and panchas to Chintamani to the house of accused No.5 situated at Chowdeswari Nilaya 2nd Cross, Aswini Layout where accused No.6 produced a country made pistol, one live bullet, two empty cartridges which he seized conducting mahazar as per Ex.P.33 alongwith Car bearing no.KA-01-MB-6809.
61. P.W.49 M.N.B.R. Prasad then ACP of MICO Layout Sub-Division deposed in his evidence that on 8.3.2007 he took over the further investigation of this case from 58 S.C.No. 18/2009 C.w.82. He further stated that a team consisting of B.K.Umesh P.I., Abdul Sattar P.I., Sudarshan P.I., H.M.Krishnappa P.I., M.Babu P.I. and PSI B.S.Munjunath to search the accused persons and also for investigation in this case. On 11.3.2007 Police Inspector M.Babu alongwith PC 8145, PC 8027, PC 5374, PC 4467 and PC 10098 brought one Yogesh Ramappa Bangera alias Yogish-accused No.3 whom he arrested and recorded his voluntary statement and seized two mobile phones conducting mahazar as per Ex.P.104 in presence of c.ws.24 and 25. On 12.3.2007, the Police Inspector M.Babu with his staff produced accused No.4 Kishore whom he arrested, recorded his voluntary statement and he seized two mobile phones conducting seizure mahazar as per Ex.P.106. On the same day the Police Inspector Abdul Sattar and his team produced accused Nos.10-Shivu alias Shivakumar, Accused No.11- Ibrahim and accused No.12-Mahesh, to whom he arrested and recorded their voluntary statements and recovered one Nokia mobile phone from accused No.11 conducting mahazar as per Ex.P.13. Seized Nokia mobile phone from accused 59 S.C.No. 18/2009 No.10 Shivakumar by conducting mahazar as per Ex.P.11. One Nokia Mobile phone from accused No.12 Mahesh was seized conducting mahazar as per Ex.P.12.
62. On the same day, C.W.79 the Police Inspector HSR Layout police station produced before him accused No.5 Kaviraj whom he arrested, recorded his voluntary statement and seized one Nokia and one reliance mobile phone and a key bunch containing motor-cycle key, two door lock keys conducting mahazar as per Ex.P.29. Then he recorded the statements of c.ws.28 and 29. On the same day, at 9.30 p.m. C.W.81 Police Inspector HAL police station produced accused No.8 Anand whom he arrested, recorded his voluntary statement and seized Nokia Mobile Phone conducting seizure mahazar in presence of C.Ws.28 and 29 as per Ex.P.30, then recorded the statements of C.Ws.28 and 29. On the same night at 11.10 p.m. C.W.79 i.e. the Police Inspector HSR Layout produced before him accused No.9 Viji alias Vijayakumar whom he arrested, recorded the voluntary statement and seized one mobile phone, conducting seizure mahazar in presence of C.Ws.30 and 31. 60 S.C.No. 18/2009
63. On 13.3.2007 at about 1.10 a.m. C.W.78 the Police Inspector of Hulimavu police station i.e. Sri M.Babu and his staff produced accused No.7 Uday alias Udaykumar, A-6 Mohan and A-13 Santhosh whom he arrested, recorded their voluntary statements and seized one Nokia Mobile phone from accused No.7 Uday conducting mahazar as per Ex.P.29. The accused No.7 revealed before him that he had kept one pistol, one live bullet, 25 visiting cards in Viceroy Bar and restaurant.
64. On 13.3.2007 in between 3.30 a.m. to 4.00 a.m. in presence of C.Ws.30 and 31 conducting seizure mahazar as per Ex.P.20 and seized a silver color mobile phone from accused No.13. On the same day i.e. on 13.3.2007 in between 4.10 a.m. to 5.00 a.m. seized two mobile phones from accused No.6 Mohan, conducting seizure mahazar as per Ex.P.22 in presence of C.Ws.30 and 31. Later he instructed C.w.77 ASI Manjuanth of Hulimavu police station to go alongwith accused No.9 Viji alias Vijaykumar and to seize the articles which may be produced by accused No.9. Then C.W.77 went alongwith Accused No.9 and returned to 61 S.C.No. 18/2009 the office at 9 a.m. and produced one helmet alongwith seizure mahazar i.e. Ex.P.33. Later on he instructed C.W.82 Abdul Sattar to go alongwith A-8 Anand. Accordingly, A-8 took PSI Abdul Sattar and after some time at 10 a.m. returned to the office, Police Inspector Abdul Sattar produced him a black color bag containing pistol, one live bullet and one mis-fired bullet, one blue color jeans pant and blue checks half sleeve shirt alongwith panchanama as per Ex.P.36.
65. Abdul Sattar P.I. produced another mahazar i.e. Ex.P.37 and produced one more fire bullet then he instructed Sudarshan P.I. of Electronic City police station to go alongwith accused No.9 to recover the articles which he may produce. Accordingly, Sudarshan P.I. went with accused and returned office at 10 a.m. and produced a black color Motor-cycle bearing No.KA-53-E-5961, one pistol, six live bullets, 18 visiting cards, a regzin bag and also mahazar i.e. Ex.P.26. He recorded the further statements of C.Ws.54, 57, 58. On 13.3.2007 sent accused Nos.5 to 13 to the Hon'ble Court for seeking Police custody and 62 S.C.No. 18/2009 accordingly, took accused Nos.5 to 13 to the Hon'ble Court seeking permission and after permission took the accused No.5 to 13 to the Police Custody till 21.3.2007.
66. On 14.3.2007 he instructed C.W.75 PSI Venkatesh of Tilaknagar police station to go alongwith accused no.6 Mohan. Accordingly, he went alongwith accused No.6 conducted panchanama, seized 28 visiting cards, Samsung CPU, a sheet of paper containing names and address of some persons and produced before him alongwith seizure panchanama as per Ex.P.127. That he took specimen hand- writings of accused No.6 on a paper. He sent CPU to Cyber Crime Section COD, Bangalore and sent the specimen hand- writings of accused No.6 to the hand-writing experts FSL, Bangalore.
67. On 15.3.2007 he deputed PSI Venkatesh to go alongwith accused No.11 Ibrahim. After some time at 4 p.m. PSI Venkatesh returned to the office produced HAL company CPU alongwith panchanama as per Ex.P.129.
68. On 16.3.2007 he visited Putenahalli East-West Residency Apartment and recorded the statement of 63 S.C.No. 18/2009 C.w.52. On 17.3.2007 he recorded the statements of Rakshakan, Devaraj, Subhash, Shafir, Thimmaiah and C.W.53. On the same day he sent accused Nos.3, 4, 9, 12 and 11 alongwith Abdul Sattar PSI to Hon'ble Court for judicial remand.
69. On 18.3.2007 he instructed PSI Venkatesh to go alongwith accused No.13 Santhosh and to conduct investigation as per his voluntary statement. At 12 noon he returned to the office produced panchanama as per Ex.P.31 and 25 visiting cards.
70. On the same day he instructed PSI Venkatesh to go alongwith accused No.7 Udaya and to conduct investigation as per his voluntary statement. At about 6 p.m. the PSI Venkatesh returned to the Office produced seizure mahazar as per Ex.P.133, 20 visiting cards, one pistol, one card board box containing 10 bullets and one plastic carry bag.
71. On 19.3.2007 at about 8 p.m. PSI Janardhan Rao produced accused No.14 Nataraj Sharma whom he arrested and recorded his voluntary statement. He seized one Nokia 64 S.C.No. 18/2009 Mobile Phone conducting panchanama in presence of C.W.44 and 43 as per Ex.P.83.
72. On 20.3.2007 he instructed Abdul Sattar P.I. to go alongwith accused No.14 Nataraj Sharma. Accordingly, he went alongwith accused No.14 and later on returned back with accused at 6 a.m. and produced a mahazar i.e. Ex.P.33 and produced one maroon color Maruthi Van bearing No.KA- 01-MB-6809, one yellow color plastic bag, one pistol and three bullets alongwith seizure mahazar as per Ex.P.33.
73. On the same day, he instructed Police Inspector Abdul Sattar to go alongwith accused No.5 and to conduct investigation as per his voluntary statement. Accordingly, Abdul Sattar PI went with A-5 and returned to the office at 2 p.m. produced panchanama as per Ex.P.41, 20 visiting cards, a photograph which was taken alongwith A-14 Nataraj Sharma.
74. On 20.3.2007 Police Inspector Babu of Hulimavu police station produced before him accused No.15 Pradeep Kumar Jain whom he arrested and recorded the voluntary statement and seized one Nokia mobile phone conducted 65 S.C.No. 18/2009 seizure mahazar in presence of C.Ws.43 and 49 as per Ex.P.141.
75. On the same day, Abdul Sattar PI produced before him, accused No.16 Arif Iqbal whom he arrested, recorded his voluntary statement and seized 17 visiting cards, one Nokia mobile phone conducting seizure panchanama in presence of C.Ws.43 and 49 as per Ex.P.143.
76. On the same day at 10.40 p.m. PSI Janardhan Rao produced before him accused No.17 Iqbal Qureshi whom he arrested and recorded his voluntary statement.
77. On 21,3,2007 he directed PSI Venkatesh to go alongwith A-15 Pradeem Kumar Jain and to conduct investigation as per his voluntary statement. At about 10 a.m. PSI Venkatesh alongwith accused returned to the office produced seizure mahazar as per Ex.P.35 and one pistol and three bullets. Then he recorded the statements of C.Ws.50 and 51. Then he sent the accused Nos.5, 6, 8 and 13 to the Hon'ble Court for Judicial remand.
78. At 11 a.m. on the same day he instructed PSI Janardhan Rao to go alonwith accused No.17 Iqbal Qureshi 66 S.C.No. 18/2009 and to conduct investigation as per his voluntary statement. At about 8 pm. PSI Janardhan Rao returned with accused and produced before him alongwith seizure mahazar i.e. Ex.P.71 and one pistol, three bullets. He recorded the statements of C.Ws.44 and 47.
79. On 21.3.2007 he sent accused Nos.15, 16, 17 to the Hon'ble Court for Judicial remand. On 22.3.2007 he sent a requisition to Spice Company for information with regard to Mobile No.9844296181. On 23.3.2007 he recorded the statement of one Shankar Reddy i.e. C.W.56.
80. On 11.4.2007 he sent bullets and pistol which are seized to FSL Ballistic expert wing and also visiting cards and white sheet containing names and address of different persons to FSL Bangalore.
81. On 19.4.2007 he recorded the statement of C.W.61. On 3.5.2007 he received FSL report in respect of fire arms as per Ex.P.54 to 57.
82. On 22.5.2007 he recorded the statement of C.W.62 and he produced one Audio Cassette said to have consisting the conversation of Balakrishna Kakthkar wih 67 S.C.No. 18/2009 accused No.1, which he seized conducting mahazar as per Ex.P.59. On 1.6.2007 he gave a requisition to Commissioner of Police, Bangalore to accord permission to file charge sheet against accused Nos.5, 7, 8, 14, 15 and 17 for the offences punishable under the provisions of Arms Act.
83. On 2.6.2007 he received permission from the Police Commissioner as per Ex.P.65. On 6.6.2007 he submitted charge sheet against 18 accused persons showing accused Nos.1 to 4 as absconding.
84. On perusal of the materials placed on record, i.e. the evidence of P.Ws.1 to 50, it appears that all most all the independent witnesses have turned hostile to the prosecution, except the I.Os. Ballistic Expert, hand-writing exert, Medical Officers. There is no evidence to connect the accused with alleged offences. So far as accused Nos.6, 7 and 9 to 15 is concerned, as per the prosecution case, all of them as per the direction of Accused No.1 hatched a conspiracy to commit the murder of C.w.10- Samiulla and his people. The case of the prosecution as against accused Nos.6, 7 and 10 to 15 is based on the 68 S.C.No. 18/2009 circumstantial evidence. But the prosecution has miserably failed to establish that these accused persons were the followers of Accused No.1-Ravi Poojari and they made conspiracy with each other and in pursuance of that they provided arms i.e. pistols, cash and vehicle i.e. Bike of accused Nos.8 and 9 to commit murder of Samiulla. So far as the accused No.6 is concerned, accused Nos.6, 7 and 13 were arrested on 13.3.2007 by Police Inspector M.Babu i.e. P.W.44. On 13.3.2007 the accused No.6 Mohan s/o. Raju said to have produced two mobiles i.e. M.Os.64 and 65 which said to be used for talking with other accused persons and for making conspiracy to commit murder of Samiulla and his companions, which P.W.49 seized conducting mahazar as per Ex.P.22. But in this case, P.W.19 Pradeep the attestor of seizure panchanama Ex.P.22, has turned hostile to the prosecution and another pancha by name Anand s/o. Ramakrishna has not been examined by the prosecution. Apart from that, M.O.69, 28 visiting cards in the name of accused No.1, M.O.71 Samsung CPU and M.O.76 Papers containing the names and address of some persons said to 69 S.C.No. 18/2009 have been seized from accused No.6 on 14.3.2007. But this aspect is also not established by the prosecution since the independent witnesses like panchas not supported the case of the prosecution. As regards accused Nos.9 and 15 is concerned, the charges leveled against them i.e. accused Nos.6 to 15 and 18 is that they alongwith other accused Nos.1 to 5, 16 and 17 conspired the murder of K.Samiulla and his people and that they hold the conspiracy at three difference places such as, firstly at 'Active Estate', secondly, at 'Netravathi Enterprises' of Suddagunta Palya and lastly at 'Green Park Family Bar and Restaurant' at Bellary Road, Bangalore. It is further alleged that in pursuance of this conspiracy, the accused Nos.1 to 7 and 10 to 18 offer cash and Motor-cycle bearing No.KA-53-5969 to accused Nos.8 and 9. In support of this contention, the prosecution examined P.w.29 Shafeer an employee of "Active Estate" Office, but this witness turned hostile to the prosecution. He denied the suggestion of learned Public Prosecutor that he gave statement before the Police as per Ex.P.46, 47 and 48 respectively. As regards the second 70 S.C.No. 18/2009 place of conspiracy is concerned, it is stated as to in "Netravathi Enterprises" of Suddagunta Palya the office belonging to accused No.6, the accused hatched a conspiracy, to substantiate this aspect, the prosecution examined P.w.31 Shankar Reddy, but he turned hostile to the prosecution and denied the suggestion of learned Public Prosecutor that he saw the accused and heard the accused talking with regard to conspiracy with each other. So far as third place of conspiracy at "Green Park Family Bar and Restaurant" is concerned, the prosecution examined P.W.28 Subash who is the owner of Green Park Family Bar and Restaurant and said to have seen the accused persons by name Mahesh Sharma and Deepu used to gather in the said Hotel in the mid night unto 1.00 p.m. and they were hatching conspiracy, but this witness also turned hostile to the prosecution and denied the suggestion of learned Public Prosecutor categorically and he further denied that he gave statement before the Police as per Ex.P.43, 44 and 45 respectively. So, the prosecution has utterly failed to put forth the evidence to show that these accused lastly were 71 S.C.No. 18/2009 making conspiracy with each other. It is alleged against accused No.15 that in pursuance to the said conspiracy, this accused alongwith accused Nos.1 to 7, 10 to 14 and 16 to 18 induced accused Nos.8 and 9 by offering money and gave Motor-cycle bearing No.KA-53-5961 and conspired to commit murder. But the prosecution has not been able to establish that the accused No.15 was having connection with other accused persons and induced accused Nos.8 and 9 to commit the murder. According to the case of the prosecution, one mobile phone and one helmet was recovered from accused No.9. To prove this aspect, the prosecution examined P.w.30, but he turned hostile to the prosecution and another panch witness is not examined by the prosecution. The allegations against accused No.15 that one pistol was recovered from accused No.15, but the panch witness i.e. P.Ws.24 and 26 have not at all supported the case of the prosecution and denied that the Police conducted the seizure panchanama and seized pistol which was produced by accused No.15.
72 S.C.No. 18/2009
85. As regards accused Nos.10, 11 and 12 is concerned, they have been alleged that offence of conspiracy with other accused persons, it is stated that three mobile phones were recovered from the above accused as per Ex.P.11 to 13. C.Ws.26 and 27 are the mahazar witnesses, they are examined as P.Ws.26 and 27 respectively, but they are turned hostile to the prosecution and denied the factum of conducting mahazar and seizure of three mobile phones i.e. M.Os.52 to 54 at the instance of accused persons. They denied the suggestions that they gave statements before the Police as per Ex.P.14 to P.19 respectively. It is further alleged that one CPU was recovered at the instance of accused No.11 as per Ex.P.129 seizure panchanama. As per the contention of Police, they sent the CPU to Cyber Crime Department, but the said report is not produced before the Hon'ble Court. The seizure panchas i.e. C.Ws.39 and 40 have not been examined to establish the fact of conducting of seizure panchanama as per Ex.P.129. The Polic Officer i.e. C.w.75 Venkatesh who said to have seized M.O.72 is not examined by the prosecution. With respect to conspiracy, 73 S.C.No. 18/2009 P.w.29 was examined, but he has not supported the case of prosecution. Another witness P.w.28 Subash turned hostile to the prosecution, C.W.58 and C.W.23 and C.W.27 who said to have seen and heard with regard to conspiracy of the accused, have not been examined by the prosecution.
86. The charges leveled against the accused No.14 S.Nataraj Sharma that he alongwith other accused made conspiracy to commit murder of K.Samiulla and his people. They held conspiracy in three different places such as:
(1) Active Estate;
(2) Netravathi Enterprises; and (3) Green Park Family Restaurant.
To substantiate this aspect as already stated above, P.W.29 Shafeer has been examined by the prosecution who is said to be the owner of Active Estate, has not supported the case of the prosecution and denied the suggestion of learned Public Prosecutor that he gave statements before the Police as per Ex.P.46 to 48 respectively.
87. P.W.31 another witness who said to have seen the conspiracy of the accused in Netravathi Enterprises has 74 S.C.No. 18/2009 also not supported the case of prosecution and denied that he gave statement accordingly to the Police as per Ex.P.50. P.w.28 Subash one of the witnesses who said to have seen the accused making conspiracy in Green Park Family Restaurant has deviated from the prosecution version and denied that he gave statements before the Police as per Ex.P.43 to 45 respectively. It is also alleged against accused No.14 that he alongwith other accused persons induced accused Nos.8 and 9 by offering money and gave Motor-cycle bearing No.KA-53-5961 and conspired to commit the murder. But there are no witnesses to say about handing over the Motor-cycle and cash to accused Nos.8 and 9 inducing them to commit murder. It is also alleged against this accused, that alongwith other accused he threatened the persons dealing with real estate with dire consequences of life. But there is no evidence is placed by the prosecution to substantiate this aspect. It is further stated that accused had possessed unlicensed pistols and in particular they had been transported by accused Nos.5, 7, 8, 14, 15 and 17. To establish this aspect, there is no 75 S.C.No. 18/2009 materials placed on record to show that how the accused transported, by what means and when and from whom they got transported the pistols and other ammunitions. It is stated that at the instance of accused No.14-Nataraj Sharma, the Police conducted seizure mahazar as per Ex.P.33 and seized Wagnor Maruthi Car bearing No.KA-01- MS-6809, a Bag, one pistol, three bullets etc. In support of this contention, P.W.23 was examined, but he turned hostile to the prosecution and another pancha C.W.45 has not been examined by the prosecution. It is also stated that Ex.P.100 photograph of accused No.5 alongwith accused No.14 was recovered, but no negative is produced and it is not stated as to under which circumstances it was taken and it is not clarified as to whether it is trick photograph or not. Under such circumstances Ex.P.100 cannot be relied upon.
88. So from the materials placed on record and evidence adduced by the prosecution, I come to the conclusion that the materials placed on record are not in a position to connect the accused persons with commission of 76 S.C.No. 18/2009 alleged offences. None of the prosecution witnesses except the Police witnesses and other formal witnesses like Doctors, FSL Officers supported the case of prosecution. In the absence of corroborative independent testimony of eye witnesses, recovery panchas etc. the evidence of the Police officials who are interested in securing the conviction of the accused is not safe to be relied upon. Moreover, their evidence is not in a position to link the accused with alleged offences. Under such circumstances I am constrained to hold that the prosecution has utterly failed to prove the guilt of the accused beyond all reasonable doubts. As such, I answer point Nos.1 to 4 in the negative.
89. Point No.5: Having regard to my above observations and findings on the above point Nos.1 to 4 in Negative, extending the benefit of doubt to the accused Nos.6, 7, 9 to 15, I proceed to pass the following:
ORDER The accused Nos.6, 7, 9 to 15 are hereby acquitted under section 235(1) Cr.P.C for the 77 S.C.No. 18/2009 offences punishable under section 120-B, 302, 506-B of IPC and Sec.3 r/w.25 of Arms Act.
The bail bonds and surety bonds of accused nos.6, 7, 9 to 15 stand cancelled.
The accused Nos. 6, 7, 9 to 15 are set at liberty.
MOs.1 to 80 are ordered to be preserved for trial of split up accused Nos.1 to 3, 5, 8, 16, 17 and 18.
(Dictated to the judgment-writer, transcript corrected and then pronounced by me in the open Court on this the 23rd day of JANUARY, 2016).
(N.P.KOPARDE) LXI Addl. City Civil & Sessions Judge, Bangalore.
78 S.C.No. 18/2009ANNEXURES LIST OF WITNESSES EXAMINED FOR THE PROSECUTION :-
P.W.1 - Akram Pasha
P.W.2 - Syaed Siraj
P.W.3 - Amjad
P.W.4 - Muralidhar
P.W.5 - Jishan Hussain
P.W.6 - K. Samiulla
P.W.7 - V. Shidhar
P.W.8 - J.Chandrappa
P.W.9 - Janakiram
P.W.10 - Ananda
P.W.11 - P.V.Shridhar Rao
P.W.12 - Niranjana Shetty
P.W.13 - Nithyananda Shetty
P.W.14 - Chandrakumar H
P.W.15 - Muniyappa
P.W.16 - M.Sundaregowda
P.W.17 - Robert
P.W.18 - Prabhakar
P.W.19 - Pradeep
P.W.20 - Mohan Prasad
P.W.21 - M. Jagadesh
P.W.22 - Johnson
P.W.23 - Pogale Indiran
P.W.24. - Thayappa
P.W.25 - Krishna
P.W.26 - Somalinga
P.W.27 - Venkatesh
79 S.C.No. 18/2009
P.W.28 - Subhash
P.W.29 - Shafeer
P.W.30 - Shuresh M.P
P.W.31 - Shankar Reddy
P.W.32 - Harish Kumar K.N.
P.W.33 - K.T. Krishnaiah, H.C-4786,
Jnanabharathi P.S.
P.W.34 - Dr.Vedhavathi. N, Sagar Apollo Hospital
P.W.35 - N.G. Prabhakar, Director Truth Lab
P.W.36 - Balakrishna Khakathkar, Press Reporter
P.W.37 - Dr.K.V.Satesh, Prof: F.S.L.,
P.W.38 - Revanna, HC-912, Kumarswamy Layout P.S
P.W.39 - R. Rangappa, A.S.I., Jayanagara P.S
P.W.40 - Neelam Achutharao, Rtd: D.G.P
P.W.41 - Basavalingaiah, HC-450,
Hanumanthnagara P.S.
P.W.42 - Shivalingaiah, ASI., Banashankari PS.
P.W.43 - Janardhan Rao, PSI, Gangammanagudi PS
P.W.44 - M. Babu, PSI, Varthur PS
P.W.45 - Umesh, PI, Banasavadi TPS
P.W.46 - Dr.Nanjundappa. B., Asst: Director, FSL
P.W.47 - Ramesh
P.W.48 - Abdul Sathar, DySP, DGP Off
P.W.49 - M.N.B.R. Prasad, ACP, Mico Layout
Sub Division
P.W.50 - Syed Azgar Imam
LIST OF WITNESSES EXAMINED FOR THE DEFENCE :-
- NIL -80 S.C.No. 18/2009
LIST OF DOCUMENTS MARKED FOR THE PROSECUTION :-
Ex.P1 : Complaint Ex.P.1(a) : Signature of P.W.1 Ex.P.1(b) - Signature of P.W.48 Ex.P2 : Spot Panchanama Ex.P2(a) : Signature of P.W.2 Ex.P2(b) - Signature of P.w.2 Ex.P2© - Signature of P.w.3 Ex.P.2(d) - Signature of P.W.48 Ex.P3 : Statement of P.W.2 Ex.P4 : Statement of P.W.3 Ex.P5 : Statement of P.W.6 Ex.P.5(a) - Portion of statement of P.W.6 Ex.P.6 - Inquest panchanama of deceased Ravi Ex.P.6(a) - Signature of P.W.8 Ex.P.6(b) - Signature of P.W.14 Ex.P.6© - Signature of P.W.48 Ex.P.6(d) - Signature of P.W.48 Ex.P.6(A) - Portion of statement of P.W.15 Ex.P.6(B) - Portion of statement of P.W.16 Ex.P.7 - Notice Ex.P.8 - Inquest panchanama of deceased Shylaja Ex.P.8(a) - Signature of P.w.10 Ex.P.8(b) - Signature of P.W.11 Ex.P.8(c)(d) - Signatures of P.W.48 Ex.P.9 - Statement of P.W.12 Ex.P.9(a) - Portion of statement of P.w.12 Ex.P.10 - Portion of statement of P.w.13 Ex.P.10(a) - Portion of statement of P.w.13 Ex.P.11 - seizure mahazar Ex.P.11(a) - Signature of P.W.17 81 S.C.No. 18/2009 Ex.P.11(b) - Signature of P.W.18 Ex.P.12 - Seizure mahazar dtd:12.3.2007 Ex.P.12(a) - Signature of P.W.17 Ex.P.12(b) - Signature of P.W.18 Ex.P.13 - Seizure mahazar Ex.P.13(a) - Signature of P.W.17 Ex.P.13(b) - Signature of P.W.18 Exs.P.14 to 16 Statements of P.W.17 EXs.P.17 to 19 Statements of P.w.18 Ex.P.20 - seizure panchanama Ex.P.20(a) - Signature of P.W.19 Ex.P.21 - seizure panchanama Ex.P.21(a) - Signature of P.W.19 Ex.P.22 - seizure panchanama Ex.P.22(a) - Signature of P.W.19 Ex.P.22(A) - Signature of P.W.22 Ex.P.23 to 25 Statements of P.W.19 Ex.P.26 - Seizure panchanama Ex.P.26(a) - Signature of P.W.20 Ex.P.26(b) - Signature of P.W.21 Ex.P.27 - Statement of P.w.20 Ex.P.28 - Statement of P.w.21 Ex.P.29 & 30- Mahazars Ex.P.31 & 32- Statements of P.w.22 Ex.P.33 - Mahazar Ex.P.33(a) - Signature of P.W.23 Ex.P.33(b) - Signature of P.W.48. Ex.P.34 - Statement of P.W.23 Ex.P.35 - Seizure mahazar Ex.P.35(b) - Signature of P.W.24 Ex.P.35(b) - Signature of P.W.26 82 S.C.No. 18/2009 Ex.P.35(c) - Signature of P.W.44 Ex.P.36 - Seizure mahazar Ex.P.36(a) - Signature of P.W.25 Ex.P.37 - Seizure mahazar Ex.P.37(a) - Signature of P.W.25 Ex.P.38 & 39- Statements of P.w.25 Ex.P.40 - Statement of P.W.26 Ex.P.41 - Statement of P.W.27 Ex.P.42 - Statement of P.W.27 Ex.P.43 to 45- Statements of P.W.28 Ex.P.46 & 47- Statements of P.W.29 Ex.P.48 - Ex.P.49 - Statements of P.W.30 Ex.P.49(a) - Statements of P.W.30 Ex.P.49(b) - Statements of P.W.30 Ex.P.49(c) - Statements of P.W.30 Ex.P.50 - Statements of P.W.31 Ex.P.51 - Statements of P.W.32 Ex.P.52 - Passport Ex.P.53 - Death Memo Ex.P.53(a) - Signature of P.W.34
Ex.P.53(b) & (c)- Endorsement of P.w.42 Ex.P.54 - Ballistic expert report Ex.P.54(a) to (f) Signature of P.W.34.
Ex.P.55 - List of articles. Ex.P.55(a) - Signature of P.W.34 Ex.P.56 - Certificate issued by P.w.34
Ex.P.56(a) to (m) Signatures of P.W.34 Ex.P.57 - Sample seal Ex.P.57(a) - Signature of P.W.34 Ex.P.58 - List of articles 83 S.C.No. 18/2009 Ex.P.59 - Seizure mahazar in respect of video tape Ex.P.59(a) - Signature of P.W.36 Ex.P.60 - P.M. examination report of deceased Shylaja Ex.P.60(a) to (c) Signatures of P.W.37 Ex.P.61 - P.M. examination report of deceased Ravi Ex.P.61(a) to (c) Signature of P.W.37 Ex.P.62 - Report of P.w.38 Ex.P.62(a) - Signature of P.W.38 Ex.P.63 - Acknowledgement in respect of handing over Dead body of decased Shylaja.
Ex.P.63(a) - Signature of P.W.7
Ex.P.64 - Requisition
Ex.P.65 - Permission of Police Commissioner, Bangalore.
Ex.P.66 - Acknowledgement in respect of handing over
Dead body of deceased Ravi
Ex.P.66(a) - Signature of P.W.
Ex.P.67 - Death Memo
Ex.P.67(a) - Endorsement of P.w.42.
Ex.P.68 - Requisition to the Court.
Ex.P.68(a) - Signature of P.W.42
Ex.P.69 - Report of P.w.43
Ex.P.69(a) - Signature of P.w.43
Ex.P.70 - Report.
Ex.P.70(a) - Signature of P.w.43
Ex.P.71 - seizure panchanama in respect of A-17
Ex.P.71(a) - Signature of P.W.43.
Ex.P.72 - Report.
Ex.P.72(a) - Signature of P.W.43.
Ex.P.73,74 - Reports
Ex.P.73(a) - Signature of P.W.43
Ex.P.74(a) - Signature of P.W.43.
84 S.C.No. 18/2009
Ex.P.75 - Report
Ex.P.75(a) - Signature of P.W.44
Ex.P.76 - Report
Ex.P.76(a) - Signature of P.W.44
Ex.P.77 - Report
Ex.P.77(a) - Signature of P.W.44
Ex.P.78 - Report
Ex.P.78(a) - Signature of P.W.44
Ex.P.79 - Report
Ex.P.79(a) - Signature of P.W.44
Ex.P.80 - Report
Ex.P.80(a) - Signature of P.W.46
Ex.P.81 - Sample seal
Ex.P.81(a) - Signature of P.W.46
Ex.P.82 - Report of P.w.46
Ex.P.82(a) - Signature of P.W.46
Ex.P.83 - Report
Ex.P.83(a) - Signature of P.W.46
Ex.P.84 -
Ex.P.85 -
Ex.P.86 - FIR
Ex.P.87 - P.F.
Ex.P.87(a) - Signature of P.W.48
Ex.P.88 - PF No.21/2007
Ex.P.88(a) - Signature of P.W.48
Ex.P.89 - Requisition
Ex.P.89(a) - Signature of P.W.48
Ex.P.90 - Report of C.W.17
Ex.P.90(a) - Signature of P.W.48
Ex.P.91 - Call details.
Ex.P.92 - Report of C.W.83
85 S.C.No. 18/2009
Ex.P.92(a) - Signature of P.W.48
Ex.P.93,94 - Report of C.W.83
Ex.P.93(a),94(a) Signatures of P.W.48 Ex.P.95,96 - Two photos at the time of seizure of Revolver, pistol, bullet in the house of A-8. Ex.P.97,98 - two photos taken at group of mango tree Near Vanaprasta International School.
Ex.P.99 - 20 visiting cards Ex.P.100 - Photo Ex.P.101 - Report of C.W.83 Ex.P.101(a) - Signature of P.W.48. Ex.P.102 - Report of C.W.83 Ex.P.102(a) - Signature of P.W.48. Ex.P.103 - Report of C.W.83 Ex.P.103(a) - Signature of P.W.48. Ex.P.104 - seizure panchanama Ex.P.104(a) - Signature of P.W.49 Ex.P.105 - Voluntary statement of A-3 Ex.P.105(a) - Signature of P.W.49 Ex.P.106 - Seizure panchanama in respect of A-4. Ex.P.106(a) - Signature of P.W.49 Ex.P.107 - Voluntary statement of A-4 Ex.P.107(a) - Signature of P.W.49 Ex.P.108 - P.F.26/2007 Ex.P.108(a) - Signature of P.W.49 Ex.P.109 - P.F.26/2007 Ex.P.109(a) - Signature of P.W.49 Ex.P.110 - voluntary statement of A-10 Ex.P.110(a) - Signature of P.W.49 Ex.P.110 - voluntary statement of A-10 Ex.P.110(a) - Signature of P.W.49 86 S.C.No. 18/2009 Ex.P.111 - voluntary statement of A-11 Ex.P.111(a) - Signature of P.W.49 Ex.P.112 - voluntary statement of A-12 Ex.P.112(a) - Signature of P.W.49 Ex.P.113 - voluntary statement of A-5 Ex.P.113(a) - Signature of P.W.49 Ex.P.114 - voluntary statement of A-8 Ex.P.114(a) - Signature of P.W.49 Ex.P.115 - Voluntary statement of A-8 Ex.P.116 - Voluntary statement of A-6 Ex.P.117 - voluntary statement of A-13 Ex.P.118 - P.F.No.32/2007 Ex.P.118(a) - Signature of P.W.49. Ex.P.119 - Voluntary statement of A-9 Ex.P.119(a) - Signature of P.W.49. Ex.P.120 - Mahazar dtd: 13.3.2007 Ex.P.120(a) - Signature of P.W.49. Ex.P.121 - P.F. Ex.P.121(a) - Signature of P.W.49. Ex.P.122 - P.F.No.36/2007 Ex.P.122(a) - Signature of P.W.49. Ex.P.123 - Mahazar in respect of A-9. Ex.P.124 - P.F.No.37/2007 Ex.P.124(a) - Signature of P.W.49. Ex.P.125 - P.F. 39/2007 Ex.P.125(a) - Signature of P.W.49. Ex.P.126 - P.F.No.40/2007 Ex.P.126 - Signature of P.W.49. Ex.P.127 - Panchanama in respect of A-6 Ex.P.127(a) - Signature of P.W.49. Ex.P.128 - P.F.No.41/2007 87 S.C.No. 18/2009 Ex.P.128 - Signature of P.W.49. Ex.P.129 - Panchanama in respect of A-11 Ex.P.129(a) - Signature of P.W.49. Ex.P.130 - P.F.No.42/2007 Ex.P.130(a) - Signature of P.W.49. Ex.P.131 - Panchanama in respect of A-13 Ex.P.131- - Signature of P.W.49. Ex.P.132 - P.F.No.44/2007 Ex.P.132(a) - Signature of P.W.49. Ex.P.133 - Panchanama in respect of A-7 Ex.P.133(a) - Signature of P.W.49. Ex.P.134 - Voluntary statement of A-14 Ex.P.134(a) - Signature of P.W.49. Ex.P.135 - P.F.No.46/2007 Ex.P.135(a) - Signature of P.W.49. Ex.P.136 - P.F.47/2007 Ex.P.136 - Signature of P.W.49.
Ex.P.137 & 138- Photographs of Maruthi Wagner Ex.P.139 - PF No.48/2007 Ex.P.139(a) - Signature of P.W.49.
Ex.P.140 - Voluntary statement of A-15
Ex.P.140(a) - Signature of P.W.49.
Ex.P.141 - Panchanama in respect of A-15
Ex.P.141 - Signature of P.W.49.
Ex.P.142 - P.F.No.49/2007
Ex.P.142(a) - Signature of P.W.49.
Ex.P.143 - seizure panchanama of A-16
Ex.P.143(a) - Signature of P.W.49.
Ex.P.144 - Voluntary statement of A-16
Ex.P.144(a) - Signature of P.W.49.
Ex.P.145 - P.F.No.50/2007
88 S.C.No. 18/2009
Ex.P.145(a) - Signature of P.W.49.
Ex.P.146 - P.F.No.51/2007
Ex.P.146(a) - Signature of P.W.49.
Ex.P.147 - Report of P.W.50
Ex.P.147(a) - Signature of P.W.50.
Ex.P.148 - Document containing Q-1
Ex.P.148(a) - Signature of P.W.50.
Ex.P.149 - Document containing Q-2
Ex.P.149(a) - Signature of P.W.50.
Ex.P.150 to 161 Document containing S-1 to S-12 Ex.P.150(a) to 161(a) Signatures of P.W.50.
LIST OF DOCUMENTS MARKED FOR THE DEFENCE:-
- NIL -
LIST OF MATERIAL OBJECTS MARKED FOR THE PROSECUTION :-
M.O.1 : Empty Cartridge
M.O.2 : Empty Cartridge
M.O.3 : Blood sample in respect of deceased Ravi
M.O.4 : Visiting Card having name of A-1 Ravi Poojari
M.O.5 : Empty Cartridge
M.O.6 : Empty Cartridge
M.O.7 ; Empty Cartridge
M.O.8 ; Empty Cartridge
M.O.9 - Blood sample of deceased Shylaja.
M.O.10 - Tin containing pieces of bullet
M.O.11 - Tin containing piece of bullet
M.O.12 - Tin containing bullet pieces.
M.O.13 - Glass pieces
M.O.14 - Pistol
M.O.15 - 3 Cartridges
M.O.16 - 3 Cartridges
M.O.17 - 6 Cartridges
89 S.C.No. 18/2009
M.O.18 - 2 Cartridges
M.O.19 - Metal pieces.
M.O.20 - 10 Cartridges
M.O.21 - Empty Cartridges
M.O.22 - Pistol
M.O.23 - 3 cartridges
M.O.24 - 2 bullets
M.O.25 to 28- 4 Pistols
M.O.29 - Empty Cartridges
M.O.30 - Empty Cartridges
M.O.31 - Metal pieces
M.O.32 - Metal pieces
M.O.33 - Empty Cartridges
M.O.34 - Empty Cartridges
M.O.35 - Glass pieces
M.O.36 - Metal pieces
M.O.37 - Empty Cartridges
M.O.38 - Empty Cartridges.
M.O.39 -
M.O.40 & 41 Blood scrapping
M.O.42 & 43- Blood sample
M.O.44 - One Jeans Pant
M.O.45 - One Shirt
M.O.46 to 48- Blood Swab
M.O.49 to 51- Skin of deceased Shylaja
M.O.52 to 55- Blood swab
M.O.56 to 59- Skin of Ravi @ Lohithashwa M.O.60 - One pant M.O.61 - One shirt M.O.62 - One banian M.O.63 - One kacha M.O.64 & 65- Mobile M.O.66 - Helmet 90 S.C.No. 18/2009 M.O.67 - Visiting Cards M.O.68 - Regzin Bag M.O.69 - 28 visiting cards M.O.70 - Paper containing address of some persons.
M.O.71 - Samsung CPU M.O.72 - HCL CPU M.O.73 - 25 visiting cards M.O.74 - 20 visiting cards M.O.75 - Card Board Box M.O.76 - Carry Bag M.O.77 - Mobile Nokia Phone M.O.78 - Nokia Mobile Phone M.O.79 - 17 visiting cards M.O.80 - Mobile Phone.
LIST OF MATERIAL OBJECTS MARKED FOR THE DEFENCE :-
NIL (N.P.KOPARDE), LXI ADdl.City Civil & Sessions Judge, Bangalore.91 S.C.No. 18/2009
Order pronounced in open Court vide detailed order passed separately.
ORDER The accused Nos.6, 7, 9 to 15 are hereby acquitted under section 235(1) Cr.P.C. for the offences punishable under section 120-B, 302, 506-B of IPC and Sec.3 r/w.25 of Arms Act. The bail bonds and surety bonds of accused Nos.6, 7, 9 to 15 stands cancelled.
The accused Nos. 6, 7, 9 to 15 are set at liberty.
MOs.1 to 80 are ordered to be preserved for trial of split up accused Nos.1 to 3, 5, 8, 16, 17 and 18.
(N.P.Koparde) LXI ACC & SJ, Bangalore,.92 S.C.No. 18/2009