Bangalore District Court
State By Puttenahalli vs Manojkumar @ Manoj @ Manu on 1 December, 2021
IN THE COURT OF THE 30TH ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 1st day of December, 2021
:Present: Sri. I.P.Naik, B.A.L., LL.B.,
30th ACMM, Bengaluru
Judgment U/s.355 of Cr.P.C.
C.C.No. 20609/2020
Date of Offence 08.09.2020
Complainant State by Puttenahalli, Police Station
V/s.
Accused
1-Manojkumar @ Manoj @ Manu,
S/o Yallesh,
Aged about 20 years,
R/at Muniranga's House,
Halevooru Grama,
Bilamangala Panchayati,
Dankanikota Taluk,
Krishagiri District,
Tamilanadu State.
2-Surya Bhaskar,
S/o.Ramaswamy,
Aged about 45 years,
R.at.No.05/1867, Lakshmipet,
Hemmaganooru, Kurnool District,
Andhra Pradesh.
Offences U/s.454, 457, 380, 411 of IPC
Plea Recorded on:05.04.2021 and accused
persons Pleaded not guilty.
313 Statement recorded on: On 20.09.2021
2 C.C.No.20609//2020
Final Oder Accused No.1 is found guilty for the
offence punishable U/s.454, 457, 380.
Accused No.2 is Acquitted
Date of Order 01-12-2021
*****
JUDGMENT
The Police Inspector of Puttenahalli Police has submitted final report against the accused Nos.1 and 2 for the offences punishable U/s. 454, 457, 380 and 411 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, the house bearing No.336 belonged to C.W.1 Mahadevagowda situated at 9th Main Road, Doollors colony, 4th phase, J.P.nagar within the territorial limits of Puttenahalli Police Station, on 08.09.2020 at about 7.00 pm., the accused No.1 cut the grills which is installed to window in order to commit theft in said house, he was trespassed into the said house and stolen the golden ornaments with dishonest intention without consent at C.W.1.
3. On 23.10.2020 C.W.1 lodged complaint before C.W.24-PSI Raghu Naik who was in charge of Puttenahalli Policed Station. Based on complaint lodged by C.W.1, C.W.24 has registered the case in Cr.No.219/2020 and 3 C.C.No.20609//2020 forwarded FIR to this court. Immediately, the rest the spot and conducted the spot mahazar as shown that C.W.1 in the presence of S.O Panchas.
4. On 24.10.2020 C.W.24 has deputed his police staff by name Rahul Kenchai, Vinod Lonari, Ravikumar and Shivamurthy. Based on credible information these staffs are caught hold the accused No.1 at Vinayak Circle, J.C.nagar, Bangalore and produced before C.W.24, during interrogation, the C.W.24 found different ornaments, same are recovered the drawing mahazar in the presence of Subramanya and Hazaruddin, same are reported to this court under P.F.No147/2020. Thereafter, the accused No.1 produced before the court and saught for police custody for a period of 14 days. Accordingly, accused No.1 remanded to police custody, in the course of interrogation the accused No.1 confessed that, he has committed theft in different places and the stolen properties are pledged in Siddartha Jewellery, Gangamma Circle through one Basha Sah. Accordingly, the Raghu Naik has issued summons to one Mahaveer Jain who is none other than owned at Siddartha Jewellery and sought for produced the golden ornaments and golden coins, in persuance to summons Mahaveer Jain produced 140 grams of different golden ornaments and coins, same are seized by drawing seizer mahazar in the presence of Kiran Kumar and Arun Kumar in the course of intorogation. The accused further confessed that, after stolen the articles in different places same are 4 C.C.No.20609//2020 handover to his brothers by name Vijay Kumar Prakash Masali. The said Vijay Kumar Prakash Masali sold the stolen articles to accused No.2 Surya Bhaskar.
5. The accused No.2 Surya Bhaskara was in Judicial Custody at district prison at Chitradurga, the presence of accused No.2 secured in body warrant as per the requisition of I.O C.W.25, P.I S.R.Chowdary, thereafter accused No.2 remanded to police custody. At the time of interrogation, the accused No.2 has confessed that, he has received the stolen the articles from accused No.2 through one Vijay Prakash Masali. As per his statement, the accused No.2 escorted to his village Hemmiganuru situated at Karnool District, Andhra State. In that place the accused No.2 has produced the golden ornaments, same are recovered by drawing the seizure mahazar in the presence of panchas. The said articles are reported to this court under P.F.No.149/2020. Thereafter, C.W.25 interrogated the witnesses and recorded their statement under section 161 of Cr.P.C.
6. On 26.10.2020 C.W.1 is summoned for identification of stolen articles and the accused, the C.W.1 identified his articles which are stolen by accused No.1, as per orders of this court articles belonged to C.W.1 are released interim custody in favour of C.W.1. Thereafter, the accused Nos.1 and 2 produced before court and remanded to Judicial Custody, mean while both 5 C.C.No.20609//2020 accused are enlarged on bail. Inspite of granting bail, the accused No.1 not fulfill the conditions of bail order. Therefore, till today the accused No.1 is in Judicial Custody. After completing other formalities and the investigation officer/police inspector of Puttenahalli Police Station and charge sheet against the accused Nos.1 and 2 alleging that both have committed aforesaid alleged offences. By considering the final report and other documents and this court has taken cognizance and issued summons as per the order dated 26.12.2020. On 05.04.2021 charge has been framed and read over to accused Nos.1 and 2, both accused pleaded not guilty and claims to be tried. Hence case is posted for evidence.
7. In order to prove the guilt of the accused persons, the prosecution has examined as many as 5 witnesses and 9 documents. On 20.09.2020 statement of accused No.1 recorded under section 313 of Cr.P.C. As per the ordered dated 29.09.2021 this court directed split up case against the accused. Thereafter, accused No.2 appeared before this court. Therefore, separate trial is merged with original case against both accused. On 1.10.2021. The learned counsel for the accused No.2 filed application U/s.311 of Cr.P.C. seeking recall of PW1 IO/Police Inspector by name S.R. Chowdary. PW1 tendered for cross-examination on 29.0.2021, after that, statement of the accused No.2 recorded U/s.313 of Cr.P.C on 17.11.2021.
8. Heard both the side and perused the material evidence on record. 6 C.C.No.20609//2020
9. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, on 08.09.2020 at about 07.00 p.m., accused trespassed into house of P.W.1 Mahadeva, situated at house No.336, 9th Main Road, Dollars Colony, 4th Phase JP nagar and there by accused has committed an offence punishable U/s.457 of IPC within my cognizance.
2. Whether the prosecution proves beyond all reasonable doubt that, on the above said date, time, place and under aforesaid circumstances, accused stolen the golden ornaments with dishonest intention without consent at C.W.1 and thereby committed an offence punishable under Section 380 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the above said date, time, place and under aforesaid circumstances, the stolen articles are received by the accused No.2 and thereby committed an offence punishable under Section 411 of IPC?
4. What Order?
11. By considering overall documentary evidence and find hearing of both parties my answer to above points is as under:7 C.C.No.20609//2020
Point No.1 : In the Affirmative Point No.2 : In the Affirmative Point No.3 : In the Negative Point No.4 : As per final order ........................ for the following:
REASONS
12. Point No.1 to 3 :- These two points arises from single incident, in order to avoid repetitions, are taken together for common discussion.
13. In this case, the learned Sr.APP., argued that by evidence of prosecution witness is unchallenged. Hence prays for convict the accused person in accordance with law.
14. As against this accused No.1 himself stated that he has not committed any offence. The police have falsely implicated him in this cases.
Hence sought for release him from police custody.
15. P.W.7 Mahadeva Stated that, on 23.10.2020 total 17 golden ornaments stolen from his house. In this regard enlarged the complaint as per Ex.P.2 and thereafter, the police have conducted the mahazar. 8 C.C.No.20609//2020
16. P.W.4 Balaji Srinivas has stated that, the police have conducted the spot mahazar in the house of P.W.7 in respect of stolen the properties in the house of P.W.7.
17. P.W.2 Raghu Naik has stated that, on 23.10.2020 he has received the complaint from P.w.7 and registered the case in Cr.No.219/2020 and forwarded FIR to this court. Thereafter, he immediately rest to spot and conducted the mahazar.
18. P.W.3 Head Constable by name Shivamurthy stated that, on 24.10.2020 himself and along with co-staff Rahul Kenchoy Gole, Vinod.Lonalri and Ravikumar.D deputed for search at caught the accused and stolen articles. Accordingly based on credible information they have rest to Vinayaka Circle, J.C.Nagar caught the accused No.1 and produced before him PSI Raghu Naik along with report.
19. P.W.2 PSI Raghu Naik has stated that on 24.10.2020 at about 11.30 a.m., the accused No.1 is produced before him, in the course of interrogation I.O found that, the accused had 3 different golden ornaments, same are seized by drawing mahazar in the presence of one Adi Subramani and another one Hazaruddin.
9 C.C.No.20609//2020
20. P.W.5 Adi Subramani has stated that, one year back Puttenahalli police have seized 8 different golden ornaments from possession of accused No.1 by drawing mahazar.
21. P.W.1 PI R.S.Chowdary has stated that, in the course of interrogation the accused No.1 confessed that, the stolen articles sold in favor of accused No.2 through one Vijay Prakash Masali who is friend of brother of accused No.1. The accused No.2 has secured body warrant from district presume Chitradurga and taken police custody in the course of interrogation, the accused No.2 has confessed that, he has purchased the property same are kept in his house at Hemmiganuru Village, Karnul District, Andhra. Based on his statement accused No.2 escorted to his house, in that house he has produced the received stolen articles and produced before P.W.1 same are recovered after completing the investigation and accused Nos.1 and 2 produced before the court. In this case, oral evidence of P.Ws.1 to 7 is unchallenged. The prosecution has relying on entire its version based on circumstance evidence. The accused No.1 represented by his counsel but, the said counsel are not cross examined these witnesses to trial. The oral evidence of P.Ws.1 to 7 is unchallenged. There is no grounds for discard the oral evidence of these witnesses.
10 C.C.No.20609//2020
21. P.W.7 complainant, P.W.4 panchas to S.O mahazar, P.W.2 initial investigation officer categorically stated that, on 23.10.2020 P.W.7 lodged the complaint based on that P.W.2 register the case, thereafter he has conducted the S.O mahazar.
22. Soon after theft, the accused No.1 arrested and recovered the stolen articles in the presence of P.W.5. P.W.5 categorically deposed that eight different articles seized from accused No.1.
23. P.W.1 has also stated, he has recovered the articles from custody of accused No.2 at Hemmiganuru Village, Karnool District, Andhara State. This version is supported from oral evidence of P.W.6 one Kiran Kumar.
24. In this case, the prosecution has proved the entire chain of circumstances i.e., stolen of the articles from the house of P.W.7 registration of the case, arrest of the accused No.1 and seizure of the stolen articles from the possession of accused No.1. It is specific case of the prosecution that, one chain is seized and recovered at the beginning of the arrest of accused No.1. Out of that one chain belongs to CW2 Made Gowda. In this case, accused No.1 has not challenged the oral evidence of PW7 and PW5. It clearly shows that the stolen articles is seized and recovered from the custody of the accused No.1 As per the 11 C.C.No.20609//2020 illustrations (a) of 114 of Evidence Act, court presumed about the stolen articles are recovered from the accused persons he is liable and answerable to how the stolen articles came to his possession. In this case, accused No.1 has not properly explained about the recovery of the chain which belonged to PW7. Therefore, it is held that prosecution has successfully proved the guilt of the accused persons beyond reasonable doubt. Therefore, it is held that the prosecution has proved the guilt of the accused No.1. Accordingly, Point No.1 & 2 is answered in the Affirmative.
25. In this case, PW1 and PW6 categorically stated that, the have gone to the Kurnool District, Andhra Pradesh and recovered the golden chain. But at the time of cross-examination of PW1, Investigation Officer categorically stated that, he has not seized any articles from the custody of the accused No.2 person. But he categorically stated that, he seized the articles from his agent. But in this case, the prosecution has not cited who is the said agent. What is his name etc., Under these circumstances, it creates doubt in the prosecution case that, the articles seized by drawing mahazar as per Ex.P.1 is recovered from the custody of the accused No.2. Under these circumstances, I am of the opinion that the prosecution utterly failed to prove the guilt of the accused No.2 that he 12 C.C.No.20609//2020 has received the stolen articles directly from the accused No.1. Under these circumstances, Point No.3 is answered in the Negative.
26. Point No.3: In view of the findings on the above point No.1, I proceed to pass the following:-
ORDER The powers confirmed upon me U/s.248(2) of Cr.P.c. accused No.2 is acquitted from the alleged offence punishable U/s.411 of IPC.
It is held that, accused No.1 is found guilty for the offence punishable U/s.457, 380, 411of IPC. Therefore, case is posted for hearing on sentence or accused No.1 is eligible to get the benefit under P.O Act.
(I.P Naik.) 30th A.C.M.M., B'lore.
To hear on sentence The learned Sr.APP submitted that, the prosecution proved the guilt of the accused persons beyond reasonable doubt. Hence, prays to punish the accused with higher punishment.
As against this, the accused submitted that, he is in JC for the last one year. Hence, may kindly set off the said period by treating as imprisonment.13 C.C.No.20609//2020
I have carefully perused the entire order sheet and charge sheet as on the date of the incident accused was 20 year old. As per Sec. 6 of the PO Act, he may get benefit entitled under the P.O Act. But since 24.10.2020 accused is in JC if one year imprisonment is imposed and same is set of as contemplated under Code of criminal procedure the very interest of the your accused No.1 can be protected. By considering the nature of crime, age of the accused and impact of crime on the society, proceed to pass the following...., ORDER Accused No.1 is convicted for the offence punishable U/s.457 of Cr.P.C. and he shall undergo S.I for one year.
Further, the accused is convicted for the offence punishable U/s.380 of IPC and he shall undergo S.I for one year.
By considering the age of the accused, the aforesaid two Simple Imprisonments runs concurrently. According to the order sheet accused is continuously in the JC from 24.10.2020 till today. By considering this Judicial Custody period, The power confirmed upon me U/s.428 of Cr.P.C. the total imprisonment period of one year is set off. 14 C.C.No.20609//2020
Accused is in JC, hence, Jail Authorities is directed to release the accused immediately if he is not wanted in any other case.
Office is directed to issue release intimation immediately.
Office to supply free copy of the Judgment to the accused.
(Dictated to the Stenographer and after corrections made by me and then pronounced by me in the Open Court on this the 1st day of November, 2021).
(I.P Naik.) 30 A.C.M.M., B'lore.
th ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW1 : Sri. R.S.Chowdary PW2 : Sri. Raghu Naik.A.R PW3 : Sri. Shivamurthy PW4 : Sri. Balaji Srinivas PW5 : Sri. Adi Subramani PW6 : Sri. Kiran Kumar
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P.1 : F.I.R Ex.P.2 : Complaint Ex.P.3 : Mahazar Ex.P.4 : Report Ex.P.5 : Mahazar 15 C.C.No.20609//2020 Ex.P.6 : Mahazar Ex.P.7 : Separate report Ex.P.8 : Mahazar
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (I.P.Naik) XXX Addl.C.M.M., B'lore.
16 C.C.No.20609//2020Judgment pronounced in Open Court vide separate:-
ORDER The powers confirmed upon me U/s.248(2) of Cr.P.c. accused No.2 is acquitted from the alleged offence punishable U/s.411 of IPC.
It is held that, accused No.1 is found guilty for the offence punishable U/s.457, 380, 411of IPC. Therefore, case is posted for hearing on sentence or accused No.1 is eligible to get the benefit under P.O Act.
(I.P Naik.) 30th A.C.M.M., B'lore.
To hear on sentence The learned Sr.APP submitted that, the prosecution proved the guilt of the accused persons beyond reasonable doubt. Hence, prays to punish the accused with higher punishment.
As against this, the accused submitted that, he is in JC for the last one year. Hence, may kindly set off the said period by treating as imprisonment.
I have carefully perused the entire order sheet and charge sheet as on the date of the incident accused was 20 year old. As per Sec. 6 of the PO Act, he may get benefit entitled under the P.O Act. But since 24.10.2020 17 C.C.No.20609//2020 accused is in JC if one year imprisonment is imposed and same is set of as contemplated under Code of criminal procedure the very interest of the your accused No.1 can be protected. By considering the nature of crime, age of the accused and impact of crime on the society, proceed to pass the following...., ORDER Accused No.1 is convicted for the offence punishable U/s.457 of Cr.P.C. and he shall undergo S.I for one year.
Further, the accused is convicted for the offence punishable U/s.380 of IPC and he shall undergo S.I for one year.
By considering the age of the accused, the aforesaid two Simple Imprisonments runs concurrently. According to the order sheet accused is continuously in the JC from 24.10.2020 till today. By considering this Judicial Custody period, The power confirmed upon me U/s.428 of Cr.P.C. the total imprisonment period of one year is set off. Accused is in JC, hence, Jail Authorities is directed to release the accused immediately if he is not wanted in any other case.
Office is directed to issue release intimation immediately.
Office to supply free copy of the Judgment to the accused.
18 C.C.No.20609//2020
(I.P Naik.) 30 A.C.M.M., B'lore.
th