Bangalore District Court
State By Police Inspector vs Unknown on 11 August, 2016
IN THE COURT OF LXV ADDL CITY CIVIL AND
SESSIONS JUDGE; BANGALORE CITY
(CCH.NO 66)
PRESENT
SRI.N.R.CHENNAKESHAVA B.A.,LL.B.,
LXV ADDL CITY CIVIL & SESSIONS JUDGE,
BANGALORE
Dated this the 11th day of August, 2016
S.C.No.768/2015
COMPLAINANT : State By Police Inspector,
Adugodi Police Station,
Bengaluru
Reptd by Public Prosecutor.
/ Vs /
ACCUSED :
A2. Roshan S/o Raj Nelson, Aged
about 19 years, R/at No.57, 1st
Main, 2nd Cross, Subbanna
Garden, Adugodi Post,
Bengaluru.
A3. David S/o Joseph, aged about 19
years, R/at NO.29, 1st Main,
LR.Nagar, Koramangala,
Bengaluru.
A4. Robert S/o Late John, Aged
about 21 years, Ra/t No.557,
Shanthamma, Depot, infront of
Govt Hospital, L.R.Nagar,
Koramangala, Bengaluru.
(Sri K.V.S, Adv for A2)
(Sri H.R, Adv for A3)
(Sri T.S, Adv for A4)
2 S.C.No.768/2015
Date of 22.4.2015
Commencement of
offences
Date of report of 22.4.2015
offences
Name of complainant Smt. R.Hemalatha, PSI,
Adugodi PS
Date of recording of 5.7.2016
evidence
Date of closing of 29.7.2016
evidence
Offence complained of U/s.399 and 402 of IPC
Opinion of the judge Acquittal
****
JUDGMENT
Police Sub-Inspector, Adugodi Police Station, Bengaluru, has filed this charge sheet filed against A1 to A4, of the offences u/S. 399 and 402 of IPC.
2. Brief facts of prosecution case are as follows:
On 22.4.2015 at about 6.00PM, while CW1 Smt.R.Hemalatha, PSI, Audugodi P.S., patrolling within the limits of Adugodi PS, she received credible information 3 S.C.No.768/2015 that, at NIANP compound, behind lorry stand, on the road leads towards Lakshman Rao Nagara, Lakshkar, about 4-5 assailants holding with deadly weapons, are making preparation to commit dacoity of general public, who are moving there. Hence, CW1 summoned CW2 Akshay and CW3 Shoiab; the panchas and CW4 to CW9; the police personnel and then CW1 along with CW2 to CW9, have rushed near the scene of offence and after confirming that those assailants are making preparation to commit dacoity, have apprehended three assailants, who are A1 to A3 in this case. However, the other two assailants managed to escape from the scene of offence, who are A4 and A5 in this case. Upon search, A1 to A3 were found possessed with long chopper, iron rod, knives and Chilly powder contained pack and hence, CW1 seized those articles from A1 to A3. Upon enquiry, it revealed that A1 to A5 were gathered there, in order to commit dacoity of general public, who are moving there. Thereafter, CW1 by drawing mahazar, has seized those deadly weapons from A1 to A3 and then accompanied them to the Police Station, along with seized 4 S.C.No.768/2015 articles and produced before CW10 M.S.Bolettin, PI. At that juncture CW1 has lodged first information. Accordingly, CW10 registered the case against A1 to A5, of the offences p/u/Sec. 399 and 402 of IPC and lodged FIR to the jurisdictional Court and after completion of investigation, he submitted Final Report before the Committal court.
3. Committal court has complied the provisions of Sec.207 and 209 of Cr.P.C. After committal records received, case has been registered in S.C.768/2015 and made over to this court for trial and disposal in accordance with law. During the pendency of case, A1 remained absent, hence, case against A1 is ordered to be split up and register a separate case. A2 to A4 secured before this court and they are duly represented by their counsel. After hearing from both side, this Court has framed the charges and explained to A2 to A4, of the offences p/u/Sec. 399 and 402 of IPC. However, A2 to A4 pleaded not guilty of the charges leveled against them and they claim to be tried. Hence the case has been posted for trial. Prosecution in all 5 S.C.No.768/2015 examined 02 witnesses as PW-1 and PW-2, got exhibited 04 documents at Ex.P.1 to Ex.P.04, got identified M.O.1 to 5 and closed its side and then A2 to A4 are examined as required under Sec.313 of Cr.P.C However, they denied the incriminating evidence on record and they have not chosen to lead defense evidence.
4. Heard argument from both side.
5. Now the points that arise for my consideration are:
1. Whether the prosecution beyond all reasonable doubt proves that on 22.4.2015 at about 6.00PM., within the limits of Adugodi PS at NIANP compound, behind Lorry stand, A2 to A4 and absconded A1 and A5, holding with deadly weapons like knives and chilly powder contained packets, were making preparation to commit dacoity of general public, who are moving there and thereby A2 to A4 have committed an offence p/u/Sec.399 of IPC?
2. Secondly, whether the prosecution beyond all reasonable doubt proves that on the above said date, time and place, A2 to A4 6 S.C.No.768/2015 and absconded A1 and A5, assembled there in order to commit dacoity of general public, who are moving there and thereby A2 to A4 have committed an offence p/u/Sec. 402 of IPC?
3. What Order ?
6. My answer to the above points are :
POINT NO.1 : In the Negative POINT NO.2 : In the Negative POINT NO.3 : As per the final order for the Following:
REASONS
7. POINT NOs.1 and 2 : Since these two points are interconnected with each other, for the sake of convenience, I would like to take down these points together for discussion and answer.
8. In order to connect guilt of A2 to A4, prosecution relied upon the evidence of PW1 and PW2. According to prosecution, PW1 R.Hemalatha, then PSI, Adugodi P.S., who conducted raid, arrested A1 to A4 and then lodged first information against them and that apart she also seized 7 S.C.No.768/2015 M.O.1 to M.O.5 under Ex.P.1 in the presence of panchas. PW2 M.S.Bolethin, PI, Adugodi PS, who being I.O in this case, deposes with regard to lodging FIR to the Court, conducting investigation and submission of charge sheet. It is relevant to note that CW2 Akshay and CW3 Shoaib, who are stated to be the direct witnesses and independent attesters to Ex.P.1, are not secured before the Court. Hence, in view of report submitted by the concerned police, evidence of CW2 and CW3 is taken as closed, since it is reported that CW2 and CW3 have left the given address. Rest of the prosecution witnesses are given up by the prosecution.
9. PW1 in her evidence reiterates the allegations made in the complaint. According to the PW1 on 22.4.2015 at about 6.00PM, while she was patrolling within the limits of Adugodi Police station, she received credible information that, at NIANP compound, behind lorry stand, on the road leads towards Lakshman Rao Nagara, Lakshkar, about 4-5 assailants holding with deadly weapons, are making 8 S.C.No.768/2015 preparation to commit dacoity of general public, who are moving there. Hence, she summoned CW2 Akshay and CW3 Shoiab; the panchas and CW4 to CW9; the police personnel and then she along with CW2 to CW9, have rushed near the scene of offence and after confirming that those assailants are making preparation to commit dacoity, have apprehended three assailants, who are A1 to A3 in this case. However, the other two assailants managed to escape from the scene of offence, who are A4 and A5 in this case. PW1 further deposes that upon search, A1 to A3 were found possessed with long chopper, iron rod, knives and Chilly powder contained pack and hence, she seized those articles from A1 to A3. PW1 also deposes that upon enquiry, it revealed that A1 to A5 were gathered there, in order to commit dacoity of general public, who are moving there. Thereafter, PW1 by drawing mahazar at Ex.P.2, has seized those deadly weapons from A1 to A3 and then accompanied them to the Police Station, along with seized articles and produced before PW2 M.S.Bolethin, PI. At that juncture PW1 has lodged first information at Ex.P.2. During 9 S.C.No.768/2015 the course of evidence PW1 identified A2 to A4. She further deposes that accused persons found possessed with M.O.1 to M.O.5 i.e.., chopper, iron rod, packet containing chilly powder, wooden club and knife. She also deposes that by drawing mahazar at Ex.P1, she has seized those deadly weapons i.e.,M.O.1 to M.O.5 and then accompanied A1 to A4 to the Police Station, along with seized articles and produced them before PW2 and also lodged first information at Ex.P2. PW1 admits the suggestion that she has not caused any notice to the panchas at Ex.P.2. PW1 denies the suggestion that she has not at all received any information about accused and neither herself nor other police personnel have been to the scene of offence and took custody of accused. It is elicited from the mouth of PW1 that she has not at all made any entry in the Station House Dairy to the effect that to which place herself and CW4 to CW9 were proceeding. PW1 denies the suggestion that she has not at all summoned CW2 and CW3 near the scene of offence and not drawn Ex.P.1 at the scene of offence and seized M.O.1 to 5 under Ex.P.1 from the possession of 10 S.C.No.768/2015 accused. However, she cooked up Ex.P.1 at the scene of offence. She admits the suggestion that similar kind of M.O.1 to 5 are generally available elsewhere. PW1 denies the suggestion that even though accused have not at all committed the alleged offences, she lodged false first information against them. She denies the suggestion that A2 to A4 were not at all present at the scene of offence at the material point of time, however, she took custody of A2 to A4, from their house.
10. PW2 Bolethin, PI deposes with regard to registering the case and lodging of FIR to the Court. PW2 further deposes that he recorded the statement of CW2 to CW9. PW2 also deposes that he recorded voluntary statement of A1 to A3 in connection with this case, who confessed before him that by holding M.O.1 to M.O.5 they were making preparation to commit dacoity as on the date of incident. PW2 in his cross examination admits the suggestion that during the course of investigation he has not all visited the alleged spot. However, he denies the 11 S.C.No.768/2015 suggestion that he has not at all recorded the statement of witnesses. That apart he denies the suggestion that accused have not at all committed the offences alleged, however for statistical purpose he falsely implicated the accused.
11. I have carefully gone through evidence of PW1 and PW2. It is pertinent to note that PW1 is the direct witness and first informant in this case and recovered M.O.1 to M.O.5 under Ex.P.1 from the alleged possession of accused, at the alleged scene of occurrence of event. It is relevant to note that A2 to A4 totally denies the case of prosecution. Though PW1 deposes few incriminating circumstances as against the accused, her evidence is not corroborated by the evidence of independent witnesses. In my view, on the basis of sole testimony of PW1, it is not at all safe to connect the guilt of A2 to A4. More importantly, A2 to A4 contends that PW1 has lodged false complaint against them and others and cooked up Ex.P.1 at the police station and planted M.O.1 to M.O.5 for the purpose of this 12 S.C.No.768/2015 case and that apart A2 to A4 contend that they have arrested from their house, eventhough they have not at all committed the alleged offences. It is important to note that CW2 and CW3, who being the attesters to Ex.P.1 as well as direct witnesses are not secured in spite of taking coercive steps. Therefore, evidence of CW2 and CW3, is taken as closed. Absolutely prosecution has failed to place any iota of convincing and cogent evidence to bring home the guilt of A2 to A4. Prosecution has failed to bring home guilt of A2 to A4 beyond all reasonable doubt. Therefore, benefit of doubt shall go in favour of A2 to A4. Hence, for the foregoing reasons, I answer the above points in the "Negative".
12. POINT NO.3 : For the above reasons, I proceed to pass the following :
ORDER Acting under Sec.235(1) of Cr.P.C., A2 to A4 are acquitted of the offences p/u/Sec. 399 and 402 of IPC.13 S.C.No.768/2015
Bail Bond of A2 and A3 and their Surety Bond stands cancelled.
A4 is set at liberty forthwith, if he is not required in any other.
Note:- Office is hereby directed to preserve M.O.1 to M.O.5 in connection with the split up case registered against A1 & A5 *** (Dictated to the stenographer, transcribed by her, corrected and then pronounced by me in the Open Court on this 11th day of August, 2016) (N.R.CHENNAKESHAVA) LXV Addl.City Civil and Sessions Judge, BANGALORE.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION PW-1 Smt.R.Hemalatha PW-2 M.S.Bolethin LIST OF DOCUMENTS MARKED ON BEHALF OF PROSECUTION Ex.P.1 Mahazar Ex.P.2 Complaint 14 S.C.No.768/2015 Ex.P.3 FIR Ex.P.4 Report of HC.4719 LIST OF MATERIAL OBJECTS MARKED M.O-1 Chopper M.O-2 Iron Rod M.O-3 Chilly Powder packet M.O-4 Wooden Club M.O-5 Knife LIST OF WITNESS EXAMINED, DOCUMENTS AND MO.S MARKED ON BEHALF OF DEFENCE
-NIL-
(N.R.CHENNAKESHAVA) LXV Addl.City Civil and Sessions Judge, BANGALORE.
15 S.C.No.768/2015Judgment pronounced in the open court, vide separately ORDER Acting under Sec.235(1) of Cr.P.C., A5 is acquitted of the offences p/u/Sec. 399 and 402 of IPC.
Bail Bond of A2 and A3 and their Surety Bond stands cancelled.
A4 is set at liberty forthwith, if he is not required in any other.
Note:- Office is hereby directed to preserve M.O.1 to M.O.5 in connection with the split up case registered against A1 & A5 (N.R.CHENNAKESHAVA) LXV Addl.City Civil and Sessions Judge, BANGALORE.