Bangalore District Court
Yeshwanthpur Police Station vs A-1 Ravi @ Gali Ravi @ Ravikumar on 30 July, 2015
IN THE COURT OF THE LXI Addl. CITY CIVIL,
& SESSIONS JUDGE: BANGALORE CITY
Dated : This the 30th day of JULY, 2015
-: PRESENT :-
SRI. N.P.KOPARDE B.A., LL. B.(Spl.)
LXI Addl.City Civil & Sessions Judge,
SESSIONS CASE NO.632/2013.
The State of Karnataka by
Complainant:
Yeshwanthpur Police Station,
Bangalore.
Reptd. by Public Prosecutor,
City Civil Court Complex,
Bangalore.
V/s.
ACCUSED : A-1 Ravi @ Gali Ravi @ Ravikumar
s/o.Narasimhamuyrthy, 30 yrs,
r/o.No.176, 4th Main, 5th Cross,
NTA Layout, Vidyaranyapura,
Bangalore.
A-5 Ramu @ Koti Ramu s/o.Papanna,
22 yrs, r/o.K.R.Road, 6th Cross,
Yadiyur Jayanagar, Bangalore
Native of Kathaguppe village,
Chikkaballapura District
2 S.C.No.632/2013
1. Date of occurrence of 16-07-2010
offence
2. Date of report of 17-07-2010
offence
3. Date of Arrest of A-2,3 & 7- - 22.7.2010
accused A-4 - - - - - 29.7.2010
A-5 - - - - - 30.8.2010
4. Commencement of trial 06-06-2013
5. Closing of trial 25.06.2015
6. Name of the Anand S/o.Abburaj
complainant
7. First information 17.7.2010
report reached to the 11. A.M.
Magistrate
8. Offences complained U/S.143, 147, 341,
of 302, 120-B r/w.
Section.149 of IPC.
9. Opinion of the Judge Accused Nos.1 and 5
are not found guilty
10. Sentence or order Accused Nos.1 and 5
are acquitted as per
the Judgment
3 S.C.No.632/2013
J U D G M E N T
The Police Inspector of Yeshwanthpur Police Station, submitted charge sheet against accused for the offences punishable U/s.143, 147, 341, 302, 120-B r/w.Sec.149 of IPC.
2. The brief case of the prosecution are as under :
The accused Nos.4 and 7 made the deceased Govindaraju to advance hand-loan of Rs.5,00,000/- to accused No.1. On the trust reposed in accused Nos.4 and 7, the deceased had advanced hand loan of Rs.5,00,000/- to accused No.1. When the accused No.1 failed to repay the loan amount in time, the deceased Govindaraju often and often insisting accused Nos.4 and 7, to direct the accused No.1 to repay the loan to him. Then all the accused hatching conspiracy that if the deceased is murdered, he will not force them to repay the loan and in that regard conspiring with each other with common object of committing murder of the deceased Govindaraju on 16.7.2010 at about 10.45 p.m. near the house of the 4 S.C.No.632/2013 complainant situated at 2nd Cross, 10th Main, Divanarapalya, the accused Nos.1, 3, 5 and 6 came in a Maruthi Omni Car bearing No.KA-01-M-4142 and accused Nos.4 and 7 came on a Pulsor Bike no.KA-04-EZ-2773 with deadly weapons. Then accused No.1 was pretending as to he was passing urine infront of the house of the deceased, for that, the deceased Govindaraju, C.W.1, C.W.21, C.w.23 and C.W.24 objected for it, asked the accused No.1 to go another place for urination. In the mean time, accused No.1 caught hold of deceased Govindaraju and accused Nos.2 to 7 surrounded him. The accused No.2 assaulted Govindaraju by long, on the left sie of the head and caused fatal injury. When Govindaraju raised hue and cry, the neighbours started gathering there, by that time, the accused persons showing the deadly weapons like longs, chased them and made them to disperse from that place. Then the accused fled away from the spot in the vehicles they had brought. Thereafter, the complainant Anand and his brother Shivanna took Govindaraju in Omni Maruthi Car to 5 S.C.No.632/2013 M.S.Ramaiah Hospital and lodged complaint before the Police on 17.7.2010 at 00.30 hours, on the basis of which, the Police registered case in Cr.No.259/2010 for the offence punishable U/s. 307 r/w.Sec.34 of IPC. Govindaraju inspite of medical intervention succumbed to the injuries on 17.7.2010 at about 11.25 p.m. in M.S.Ramaiah Hospital. In the course of investigation, the police arrested the accused persons, recorded their voluntary statement, conducted spot panchanama, seizure panchanama etc and recovered the weapons used for commission of offence and vehicles used by the accused persons and after completion of investigation, submitted charge sheet to the Court for the offences punishable U/s. 143, 147, 341, 302, 120-B r/w.149 of IPC.
4. On receipt of the charge sheet, the committal Court i.e. 1st ACMM, Bangalore took cognizance of the offences cited therein. Since, accused Nos.1 and 5 could not be secured by the police inspite of issue of NBW for several times, split up the case against the accused Nos.1 and 5. The split up case in C.C.No.21487/2012 was 6 S.C.No.632/2013 registered later on. The prosecution papers were furnished to accused Nos.1 and 5 as per Section 207 of Cr.P.C. Since the offence punishable U/s.302 of IPC is exclusively triable by the Court of Sessions, committed the case to Hon'ble Prl. City Civil and Sessions Judge, Bangalore, who inturn registered case in S.C.632/2013 and pleased to makeover the case to this court for disposal in accordance with law.
5. On receiving the records, securing the presence of the accused Nos.1 and 5, on hearing the prosecution as well as defence Counsel, since there are sufficient materials to frame charge, my learned predecessor in office framed the charges for the offences punishable U/s.143, 147, 341, 120-B, 302 r/w.149 of IPC, readover and explained to accused, wherein they pleaded not guilty and claimed for trial.
6. The prosecution to prove its case, examined in all 25 witnesses, out of 45 charge sheeted witnesses as P.ws.1 to 25 and through them got marked 58 documents as Exs.P.1 to P. 58 and M.Os.1 to 8.7 S.C.No.632/2013
7. Despite sufficient opportunity given to the prosecution, the concerned Police failed to secure the presence of the remaining witnesses, so the prayer of the prosecution to re-issue NBW to rest of the witnesses was rejected and evidence of prosecution was taken as closed.
8.After closure of prosecution evidence, I examined accused U/s.313 of Cr.P.C., so as to enable them to explain the circumstances, appearing against them, wherein the accused denied the incriminating evidence appearing against them, and they did not choose to lead any defence evidence on their behalf.
9. I heard the arguments of Learned Public Prosecutor for the State and Defence Counsel for the accused and perused the materials placed on record.
10. The following points arises for my consideration are :
1) Whether the prosecution proves beyond all reasonable doubt that, on 16.7.2010 at about 10.45 p.m. infront of House No.961, 2nd Cross, 10th Main, Diwanarapalya situated within the 8 S.C.No.632/2013 jurisdiction of Yeshwanthpur Police Station, the accused Nos.1 and 5 alongwith other accused persons i.e. accused Nos.2, 3, 4, 6 and 7 formed themselves into an unlawful assembly with its common object of committing murder of one Govindaraju holding deadly weapons like longs etc made rioting and thereby the accused committed an offence punishable U/s.143, 147 r/w.149 o IPC?
2) Whether the prosecution proves beyond all reasonable doubt, that on the above said place, date and time the accused Nos.1 and 5 alongwith other accused persons i.e. accused Nos.2, 3, 4, 6 and 7 in prosecution of their common object are committing murder of one Govindaraju hatched conspiracy and thereby committing the offence of criminal conspiracy punishable U/s.120-B r/w.149 of IPC?
3) Whether the prosecution proves beyond all reasonable doubt, that on the above said place, date and time the accused Nos.1 and 5 alongwith other accused persons i.e. accused Nos.2, 3, 4, 6 and 7 in prosecution of their common object accused No.1 caught hold of deceased 9 S.C.No.632/2013 Govindaraju so as to facilitate the other accused to caused death of deceased and thereby restraining the deceased from proceedings further and thereby the accused committed the offence of wrongful restraint punishable U/s.341 r/w.149 of IPC?
4) Whether the prosecution proves beyond all reasonable doubt, that on the above said place, date and time the accused Nos.1 and 5 alongwith other accused persons i.e. accused Nos.2, 3, 4, 6 and 7 came near the house of the deceased, the accused No.1 caught hold the deceased Govindaraju so that he should not escape and accused No.2 assaulted by long on left side of the head and inflicted grievous and fatal injury and the remaining accused chased C.ws.1, 21, 23 and other persons showing deadly weapons like long, rod etc, so that they would not came to the rescue of deceased, on account of the fatal injury sustained Govindaraju last his breathe in M.S.Ramaiah Hospital on 17.7.2010 at 11.25 p.m. that the accused had knowledge that such fatal injuries inflicted to the deceased Govindaraju was sufficient to cause death of 10 S.C.No.632/2013 Govindaraju in all probability and ordinary cause of nature and thereby the accused committed the offence of murder punishable U/s.302 read with Section.149 of IPC?
5) What order?
11. 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.5 : As per final order, for the following :
R E A S O N S
12. Point Nos.1 to 4: Since point Nos.1 to 4 are inter-linked with each other and in order to avoid repetition of facts, I take all points together for my discussion.
It is the specific case of the prosecution that, the accused Nos.4 and 7 made the deceased to advance an 11 S.C.No.632/2013 hand-loan of Rs.5,00,000/- to accused No.1 and thereafter the accused No.1 failed to repay the hand loan amount, the deceased started demanding the accused No.1 to repay the loan and pressurizing the accused No.4 and 7 for repayment of loan, then all the accused with a criminal intention hatched a plan to commit murder of the deceased Govindaraju, so that there would be no pressure from him for repayment of loan. So, on 16.7.2010 all the accused formed an unlawful assembly with its object of committing murder of Govindaraju at about 10.45 p.m. came in Maruthi Omni Car and Bajaj Pulsor Bike near the house of the deceased Govindarju, then accused No.1 pretending himself as passing urine infront of the house of the complainant near compound wall, the deceased and other family members asked the accused no.1 not to pass urine infront of their house, the accused No.1 caught hold the deceased, so that he cannot escape and other accused surrounded the accused holding deadly weapons like longs and rod and accused No.2 assaulted by long on the left side of the head of the deceased and inflicted fatal 12 S.C.No.632/2013 injury, when Govindaraju raised hue and cry, hearing the commotion, the complainant and his family members and neighbours started to come to rescue of the deceased, by that time, the other accused persons chased them holding deadly weapons like longs, rod etc. and by chasing dispersed them. In the meanwhile, the complainant and others took Govindaraju injured to M.S.Ramaiah Hospital, but Govindaraju died while under treatment on 17.7.2010 at about 11.25 p.m. So, the accused have been alleged with offences punishable U/s.143, 147, 341, 302, 201-B r/w.Sec.149 of IPC.
13. Let us know how far the evidence of the prosecution i.e. P.Ws.1 to 25 is helpful to the prosecution in establishing the case of the prosecution.
14. Out of 25 witnesses examined by the prosecution, P.w.1 Ananda is the complainant and eye witness, P.W.2 Narayanasetty is an attester of spot mahzar, i.e. Ex.P2 and eye witness to the incident. P.w.3 Gajendra is attester of the seizure mahazar i.e Ex.P13(a) in respect of seizure of M.Os.3 and 4 longs. P.w.4 13 S.C.No.632/2013 Venkataramu is one of the attestor of the seizure mahazar i.e. Ex.P16 in respect of seizure of Pulsor Bike. P.w.6 Shivananda is neighbour of the deceased, who said to have witnessed the murder of the deceased. P.w.7 Arun whose uncle is deceased Govindaraju said to have witnessed the incident. P.W.8 Narasimhamurthy is an eye witness, p.w.9 Abbu Raju is the brother of the deceased, who said to have witnessed the incident, P.w.10 Akkayamma is wife of P.W.9-Abbu Raju who said to be present at the time of the incident, P.W.11 Lokesha is an alleged eye witness and scribe of the complaint, P.w.12 Krishnappa is attestor of the inquest panchanama i.e. Ex.P34. P.W.15 Vinodkumar is another attester of inquest panchanama i.e. Ex.P34. P.w.34 is one of the attester of the seizure panchanama Ex.P38 in respect of seizure of M.O.1 i.e. bloodstained banian and lungi of deceased. P.W.13 Rajendra is an attester of seizure panchanama in respect of shirt of accused No.1 i.e. Ex.P.36, P.W.16 G.Nagaraju the brother of the deceased, who came to know about the incident later on. P.W.17 Narayana is an 14 S.C.No.632/2013 eye witness to the incident. P.W.18-Puttalingaiah, Assistant Executive Engineer, BBMP, Bangalore, P.W.19- Sathyaprakash the friend of deceased, who said to be an eye witness in this case. P.W.20 G.Rajkumar is relative of the deceased, who is an alleged eye witness. P.w.1 Rangaswamy also eye witness to the incident. P.w.22- Mohammed Mukaram the Police inspector who received complaint, registered case conducted spot mahazar, apprehended the accused Nos.2, 3, 4 and 7. P.w.23 Kum.Roopa W.P.C.10243 is the witness who said to have taken viscera, long, rod, bloodstained cloths to FSL, Bangalore. P.W.24 Appa Sab Wali PC 4151 who brought death memo of deceased from M.S.Ramaiah Hospital and handed over the dead body to its relatives and produced P.M. Report before C.W.45. P.w.25 Krishna V HC-5049 is witness, he alongwith C.Ws.43, 41, 42 apprehended the accused Nos.1, 2 and 3 and produced before C.W.45 on 22.7.2010 and on 29.7.2012 they arrested accused No.4 and produced before C.W.45 and on 430.8.2012 they apprehended accused No.5 15 S.C.No.632/2013
15. P.w.1 Ananda the complainant and eye witness and other eye witnesses i.e. P.w.2 Narayanasetty, P.w.6 Shivananda, P.w.7-Arun, P.W.8 Narasimhamurthy, P.W.9 Abburaju, P.W.10-Akkayamma, P.w.11-Lokesh, P.W.17- Narayana, P.w.19 Sathya Prakash, P.W.20-G.Rajkumar, P.W.21 Rangaswamy have not supported the case of the prosecution. They stated in their evidence that about 4 years back Govindaraju was murdered, but they do not know who assaulted Govindaraju and who caused his death. Even though these witnesses were subjected to detailed cross-examination by the Learned Public Prosecutor, nothing worth could be elicited from all these witnesses in support of the prosecution case. They have categorically denied the suggestion by Learned Public Prosecutor that on 16.7.2010 at about 10.40 p.m. when they were infront of the house of the deceased, accused Nos.1 to 3, 5 and 6 came in a Maruthi Van and accused No.4 and 7 came on a Motor-bike near the house of deceased, one of the accused, i.e., A-1 pretending as to he was passing urine to the compound of the house, the deceased Govindaraju 16 S.C.No.632/2013 asked him to go to other place, the accused No.1 picked up quarrel with him and he caught hold the deceased, accused Nos.2 to 7 surrounded the deceased Govindaraju holding deadly weapons like longs and rod in their hands, the accused No.2 assaulted Govindaraju by long on his left side of the head and caused grievous injury, when they tried to rescue Govindaraju, the accused showing longs and rod etc threaten them, chased them and made them to ran away from the spot. After departure of the accused persons, P.w.1 with the help of others admitted deceased Govindaraju to M.S.Ramaiah Hospital, but he last his breathe on 17.7.2010 at about 11.25 p.m. They have further denied the suggestion that on 22.7.2010 they saw the accused George, Manja alias Kali Manja and accused Muju, on 29.7.2010 they saw the accused Seena alias Srinivasa and on 5.8.2010 they saw the accused Ravi alias Gali Ravi and identifying the accused persons in police station & P.w.1 gave further statements as per Ex.P10, P.W.2 gave statement as per Ex.P11 and 12, P.w.6 gave statement as per Ex.P18 to 20, P.w.7 gave 17 S.C.No.632/2013 statements as per Ex.P21 to 23, P.W.8 gave statements as per Ex.P25 and 26, P.W.9 gave statement and further statement as per Ex.P27 and 28, P.W.10 gave statements as per Ex.P29 and 30. P.W.11 gave statement and further statement as per Ex.P31 and 32. P.W.17 gave statement and further statement as per Ex.P40 to 42, P.W.19 gave statement and further statement as per Ex.P43 to 45, P.W.20 gave statement as per Ex.P46 and 47, P.w.21 gave statement and further statement as per Ex.P48 and 49 respectively.
16. P.W.1 has denied the suggestion of Learned Public Prosecutor that he gave complaint before the Police as per Ex.P1 and the Police conducted panchnama as per Ex.P2. P.w.3 Gajendra and P.w.4 Venkataramu the attesters of seizure panchanama denied the suggestion of Learned Public Prosecutor that on 22.7.2010 the Police called them to the Police Station and accused George, Manja and Muju who were in the custody of Police led them to a Burrial ground at Subedar Palya and produced two longs i.e. M.Os.3 and 4 from bushes which the Police 18 S.C.No.632/2013 seized conducting seizure panchanama as per Ex.P13. P.ws.3 and 4 further denied the suggestion that they gave statements before the Police as per Ex.P14 and 15 respectively.
17. P.W.5 M. Ramu the attester of the seizure panchanama i.e. Ex.P16 has not supported the case of the prosecution. In cross-examination by Learned Public Prosecutor he categorically denied the suggestion that on 29.7.2010 the Police called him and C.W.9 to the Police Station, the accused in the custody of the police by name Srinivasa alias Seena shown a Pulsor Bike which the police seized conducting seizure panchanama as per Ex.P16. P.w.5 further denied the suggestion that accordingly, he gave statement before the Police as per Ex.P17.
18. P.W.12 Krishnappa is the attestor of inquest panchanama i.e. Ex.P34. They stated that bout 4 years back the Police obtained his signature in M.S.Ramaiah Hospital when they had gone to M.S.Ramaiah Hospital to see the dead body of deceased Govindareaju. In cross- examination P.w.12 denied that on 18.7.2010, the Police in 19 S.C.No.632/2013 presence of him, C.Ws.16 and 17 conducted the inquest mahazar of deceased as per Ex.P34 and he gave statement before the Police as per Ex.P35.
19. P.W.15 Vinodkumar stated that on 18.7.2010 the Police in M.S. Ramaiah Hospital conducted the inquest mahazar of the dead body of deceased Govindaraju as per Ex.P.34.
20. P.W.14 Ravichandra states that about 3-4 years back while he was going near Yeshwanthpur Bus-stop, the Police called him and obtained his signature, but no panchanama was conducted and no articles were seized in presence of him. Even though this witness was subjected to cross-examination by Learned Public Prosecutor, nothing worth could be elicited from the mouth of this witness. P.W.14 denied categorically, that on 22.7.2010 the Police in presence of him and C.W.15, conducted the seizure mahazar and seized M.Os.1 and 2 bloodstained banian and green color lungi of deceased in Police Station as per Ex.P.38 and he gave statement accordingly as per Ex.P.39 to the Police.
20 S.C.No.632/2013
21. P.W.16 G.Nagaraju the brother of the deceased Govindaraju deposed in his evidence that he came to know about the incident that on 16.7.2010 at about 10.30 p.m. his brother Govindaraju was assaulted by some persons. Thereafter he went to Hospital at about 11.45 p.m. on the next day at about 11.25 p.m. Govindaraju last his breathe. He further stated that on 22.7.2010 he went to Yeshwanthpur Police Station, where he saw accused No.2 George, accused No.7 Muju. On 29.7.2010 he saw accused No.4 Sreenivasa, on 5.8.2010 he saw accused No.1 Ravi and on 30.8.2010 he saw accused No.5 Ramu and Maruthi Car in the Police Station. But in the cross-examination by defence Counsel he stated that the police themselves shown the accused saying that the accused persons committed the murder of his brother Govindaraju. So, no evidentiary value can be attract to the evidence of this witness, because, he is only hearsay evidence in this case, since he has not actually seen the accused assaulting Govindaraju.
21 S.C.No.632/2013
22. P.W.18 Puttalingaiah the retired Assistant Executive Engineer, BBMP, Bangalore stated that, the Police Inspector, Yeshwanthpur Police Station made a requisition to him stating that to inform him with regard to supply of electricity on 16.7.2010 in between 6.00 p.m. to 6.00 a.m. next day morning. On 30.8.2010 he verified the same and found that the street light were burning during that period and no complaint was lodged by public as to the burning of lights in the street in Divanarapalya 1st Main Road, 10th Cross, Bangalore. In the absence of corroborative evidence of ocular evidence, the evidence of this witness does not attain much importance.
23. P.W.22 Mohammad Mukram, the then PSI o Yeshwanthpur Police Station, deposed in his evidence that on 17.7.2010 while he was SHO at about 12.30 a.m. the C.w.1 lodged written complaint before him, on the basis of which he registered case in Cr.No.259/2010 and sent FIR and complaint to the Hon'ble Court and his superior Officers. On the same day in between 9-00 a.m. to 10.00 a.m. he conducted the spot panchanama in the spot of 22 S.C.No.632/2013 offence as per Ex.P2 in presence of P.ws.3 and 4. That on 22.7.2010 he arrested accused Nos.2, 3 and 7 at Mekhri Circle and produced before C.W.45 and gave report as per Ex.P51. That on 29.7.2010 he arrested accused No.4 Seena alias Srinivasa near J.P.Park and then handed over further investigation to C.W.45.
24. P.W.23 Kum.Roopa Woman Police Constable 10243 states that on 287.2010 she took vicera bottle, a long, a rod and cloth to FSL Bangalore and brought the acknowledge in that regard to the Police Station.
25. P.W.24- Appa Sab Wali the then PC-4151 stated in his evidence that on the direction of C.W.45 he went to Ramaiah Hospital, brought the death memo of deceased Govindaraju, produced the same before C.W.45 and on 18.7.2010 as per the direction of C.w.45 he handed over the dead body of the deceased to C.w.22 after post mortem examination and received acknowledgement as per Ex.P24. On 23.7.2010 he brought the post mortem report alongwith vicera bottle from Ramaiah Hospital and produced them before C.W.45.
23 S.C.No.632/2013
26. P.w.25 Krishna V, the HC-5049 of Yeshwanthpur Police Station deposed in his evidence that on 22.7.2010 he alongwith C.Ws.41, 42 and 43 went in search of accused persons and arrest them i.e. accused No.2- George, Accused No.3 Manja alias Gun Manja, accused No.7 Muju alias Abdul Suhel at Mekhri Circle. That on 29.7.2010 they arrested accused No.4 Seena alias Srinivasa infront of the gate of J.P.Park. On 20.8.2010 arrested accused No.5 Ramu near Gali Anjaneyaswamy Temple and produced before c.w.45.
27. On perusal of the evidence of above witnesses, it becomes clear that none of the witnesses except the Police officials supported the case of the prosecution. In this case, P.W.1 Ananda the eye witness, complainant and relative of the deceased. P.W.2 Narayanasetty eye witness and spot pancha. P.w.6 Shivananda, P.W.7 Arun, son of the brother of the deceased. P.W.8 Narasimhamurthy the neighbour of the deceased and eye witness, P.w.9 Abburaju the brother of the deceased and eye witness. P.W.10 Akkayamma the wife of the brother 24 S.C.No.632/2013 of the deceased, P.w.11 Lokesh eye witness and scribe of the complaint. P.W.16 Nagaraju brother of the deceased. P.w.17 Narayana the alleged eye witness, P.w.19 neighbour of the deceased and eye witness. P.w.20 G.Rajkumar the alleged eye witness, P.W.21 neighbour of the deceased and eye witness, have all not supported the case of the prosecution and totally turned hostile to the prosecution. They have categorically stated that they have not seen the accused actually assaulting the deceased and caused his death. They denied that they saw the accused in the Police Station and identified them as to they are the same culprits who committed murder of Govindaraju. In the absence of the independent, corroborative testimony evidence of police officials such as P.W.22, P.W.23, P.w.24, P.W.25 will not attain much important, their evidence is formal in nature.
28. On perusing the post mortem examination report, it becomes crystal clear that the deceased met homicidal death, but the evidence of the prosecution is in no way helpful to connect the accused with alleged 25 S.C.No.632/2013 offences. Absolutely, there is no evidence to prove that the accused themselves committed the alleged overt-acts and caused death of Govindaraju. Hence, under such circumstances, I am constrain to hold that the prosecution has utterly failed to prove the guilt of the accused beyond reasonable doubts. Accordingly, I answer point Nos.1 to 4 in the negative.
29. Point No.5 : Having regard to my above observations and findings on point Nos.1 to 4 in negative, extending the benefit of doubt to accused Nos.1 and 2, I proceed to pass the following :
O R D E R Accused Nos.1 and 5 are hereby acquitted U/s.235(1) Cr.P.C. for the offences punishable under sections U/S.143, 147, 341, 302, 120-B r/w.149 of IPC.
The bail bonds and surety bonds of accused Nos.1 and 5 stand cancelled.26 S.C.No.632/2013
Accused Nos.1 and 5 are set at liberty M.Os.1 to 8 being worthless articles, are ordered to be destroyed, after appeal period is over.
(Dictated to the Judgment Writer, typed by her, corrected and then pronounced by me in the open Court on this the 30th day of July, 2015).
(N.P.KOPARDE) LXI Addl.City Civil & Sessions Judge, Bangalore.
ANNEXURES LIST OF WITNESSES EXAMINED FOR THE PROSECUTION :-
P.W.1 - Ananda
P.W.2 - Narayana Shetty
P.W.3 - Gajendra
P.W.4 - Venkataramu
P.W.5 - M.Ramu.
P.W.6 - Shivananda
P.W.7 - Aruna
P.W.8 - Narasimhamurthy
P.W.9 - Abburaju
P.W.10 - Akkayamma
P.w.11 - Lokesha
P.W.12 - Krishnappa
P.W.13 - Rajendra
27 S.C.No.632/2013
P.w.14 - Ravichandra
P.w.15 - Vinodkumar.M. PC-8611
P.W.16 - Nagaraju G.
P.W.17 - Narayana @ Venkatanarayana
P.W.18 - Puttalingaiah, Asst.Exctv.Engineer, BBMP.
P.W.19 - Sathya Prakash
P.W.20 - G. Rajkumar PC-1198
P.w.21 - Rangaswamy
P.W.22 - Mohammad Mukuram, PI, Karnataka Lokayuktha
P.W.23 - Kum.Roopa, WPC 10243
P.W.24 - Appa Sab Wali PC-4151
P.w.25 - Krishna V HC-5049.
LIST OF WITNESSES EXAMINED FOR THE DEFENCE :-
NIL LIST OF DOCUMENTS MARKED FOR THE PROSECUTION :-
Ex.P.1 - Complaint Ex.P.1(a) - Signature of P.w.1 Ex.P1(b) - Signature of P.w.11 Ex.P.2 - Spot panchanama Ex.P.2(a) - Signature of P.w.2 Ex.P.2(b) - Signature of P.w. Ex.P.3 & 4 - Photos of Mruthi Omni Car Ex.P.5,6 & 7 - Photos of Bajaj Pulsor Motor-bike Ex.P.8 & 9 - Photos of deceased Govindarju. Ex.P.10 - Further statement of P.w.1 Ex.P.11 - Further statement of P.w.2 Ex.P.12 - Further statement of P.w.2 Ex.P.13 - Seizure mahazar of M.Os.3 and 4 longs Ex.P.13(a) - Signature of P.w.3 Ex.P.13(b) - Signature of P.W.4 Ex.P.14 - Statement of P.w.3 Ex.P.15 - Statement of P.W.4 28 S.C.No.632/2013 Ex.P..16 - Seizure mahazar of Pulsor Bike. Ex.P.16(a) - Signature of P.w.5 Ex.P.17 - Statement of P.W.5 Ex.P.18,19,20 - Statements of P.w.6 Ex.P.21,23 - Statements of P.W.7 Ex.P.24 - Acknowledgement for receiving dead body of deceased. Ex.P.25, 26 - Statement of P.W.8 Ex.P.27, 28 - Statement of P.W.9 Ex.P.29, 30 - Statement of P.W.10 Ex.P.31,32 - Statement of P.w.11 Ex.P.33 - Notice of inquest panchanama Ex.P33(a) - Signature of P.w.12 Ex.P33(b) - Signature of P.w.15 Ex.P34 - Inquest panchanama Ex.P34(a) - Signature of P.w.12 Ex.P34(b) - Signature of P.W.15 Ex.P35 - Statement of P.W.12 Ex.P36 - Seizure of cloths panchanama Ex.P36(a) - Signature of P.w.13 Ex.P37 - Statement of P.w.13 Ex.P38 - Seizure panchanama of M.Os.1 and 2 Ex.P38(a) - Signature of P.w.14 Ex.P39 - Statement of P.w.14 Ex.P40 - Statement of P.w.17 Ex.P41 - Further statement of P.w.17 Ex.P42 - Further statement of P.W.17 Ex.P43 - Statement of P.w.19 Ex.P44 - Further statement of P.w.19 Ex.P45 - Further statement of P.w.19 Ex.P46 - Statement of P.w.20 Ex.P47 - Further statement of P.w.20 Ex.P48 - Statement of P.W.21 Ex.P49 - Further statement of P.w.21 29 S.C.No.632/2013 Ex.P50 - FIR Ex.P50(a) - Signature of P.w.22 Ex.P51 - Report of P.W.22 Ex.P52 - Report Ex.P52(a) - Signature of P.w.22 Ex.P53 - FSL Acknowledgement. Ex.P54 - Passport Ex.P55 - Report of P.w.25 Ex.P56 - FSL report Ex.P57 - Post Mortem Report Ex.P58 - Doctor's opinion.
LIST OF DOCUMENTS MARKED FOR THE DEFENCE:-
- NIL-
LIST OF MATERIAL OBJECTS MARKED FOR THE PROSECUTION :-
M.O.1 - Bloodstained Banian, M.O.2 - Bloodstained lungi M.O.3 - Long. M.O.4 - Long M.O.5 - Long. M.O.6 - Iron Rod M.O.7 - Shirt M.O.8 - Shirt
LIST OF MATERIAL OBJECTS MARKED FOR THE DEFENCE :-
NIL NOTE: (Ex.P1 to P.58 and M.Os.1 to 8 are in Original file i.e. in SC.1379/2012) LXI ACC & SJ, Bangalore City.30 S.C.No.632/2013
29.4.2015 State by P.P. A1 & 2 by P.M. For Judgment Order pronounced in open Court vide detailed order passed separately.
O R D E R Acting U/s.235(1) Cr.P.C. do hereby acquit accused Nos.1 and 2 for the offences punishable under sections U/S. 302 r/w.34 of IPC.
The bail bond and surety bond of accused Nos.1 and 2 stand cancelled.
Accused Nos.1 and 2 are set at liberty.
M.Os.1 to 10 being worthless, are ordered to be destroyed, after appeal period is over.
31 S.C.No.632/2013(N.P.Koparde) LXI ACC & SJ, Bangalore.