Bangalore District Court
Pancha Witness And The Victims Who Are ... vs Hence on 2 January, 2017
IN THE COURT OF THE IV ADDL. CMM, BANGALORE
Dated this the 2nd day of January 2017
Present : Smt. Roopa R. Kulkarni,
B.Com., LL.B. (Spl).
IV Addl. CMM, Bangalore.
JUDGMENT U/S. 355 CR.PC.,
1. Sl. No. of the case : CC No. 20279/2012
2. The date of commission
of the offence : 5.6.2011
3. Name of the complainant : State by Vidyaranyapura PS
4. Name of the accused : Narasimhamurthy, 39 Yrs.,
S/o J.J.Rao,
R/a. No.394, 1st main road,
B.K.Nagar, Yashwanthpura,
Bengaluru - 22.
5. The offences complained : U/s.420 of IPC r/w 3 & 4 Prize Chits
or proved and Money Circulation Scheme Act
6. Plea of the accused
and his examination : Pleaded not guilty
7. Final order : Acquitted
8. Date of order : 02.01.2017
Police Sub Inspector, Vidyaranyapura police station has filed
the charge sheet against the accused for the offences punishable
u/s.420 of IPC r/w 3 & 4 Prize Chits & Money Circulation Scheme
Act.
2 CC.NO.20279/2012
2. The brief facts of the prosecution case are as under :
That the accused was tenant in the house of CW1 Munavar
Pasha and at that time without obtaining license in order to cheat
the public he had started chit business on 5.6.2011 for
Rs.50,000/- and on different dates he had taken 3 chits worth
Rs.30,000/- each and for that CW1, 4 to 8 have deposited the chit
amount with him. But afterwards the accused without repaying
the chit amount to CW1 and CW4 to CW8 has deceived them and
has committed offences punishable u/s.420 of IPC and 3 & 4 of
Prize Chit & Money Circulation Scheme Act.
3. On perusal of the records it appears that accused was
arrested during the course of investigation. After filing of the
charge sheet the accused was enlarged on bail and copy of charge
sheet was furnished to the accused as provided u/s.207 of Cr.P.C.
Thereafter charge was framed. Accused pleaded not guilty and
claimed to be tried.
4. The complainant police in support of their case got examined
PW1 to PW7 and got marked documents at Ex.P.1 to Ex.P.8 and
closed its side of evidence.
5. As there was no incriminating evidence against the accused,
313 statement was dispensed. Accused did not lead any defence
evidence.
6. Heard both sides.
3 CC.NO.20279/2012
7. On perusal of the evidence adduced by the prosecution, the
cm who is examined as PW1 has stated in his evidence that he
know the accused and he was tenant in his house and he do not
know about the chit business conducted by the accused and has
stated that, police took his signature in relation to a dispute
relating to tenancy and he got marked the complaint as per Ex.P.1
and his signature as per Ex.P.1(a). Further he has stated that, he
do not know the contents of Ex.P.1 and he has not given further
statement before the police. The said witness was treated as
hostile by the prosecution. In his cross-examination by the
prosecution has denied that, on 14.7.2005 he has filed complaint
before the police by stating that the accused has cheated him.
Further he has also denied that, on 15.1.2007 he has given further
statement before the police. Further he has stated that, he got
compromised the case with the accused.
8. PW2 who is pancha witness to Spot Mahazar has stated in his
evidence that, he do not know the accused and about 4 years back
he has signed the document at the request of police. He got
marked the Spot Mahazar as per Ex.P.3 and his signature as per
Ex.P.3(a). Further he has stated that, he do not know the contents
of Ex.P.3 and the police have not read over the same to him and he
do not know who has signed the said document. The said witness
was treated as hostile by the prosecution. In his cross-examination
by the prosecution has denied that, on 14.7.2012 the police have
conducted spot mahazar in his presence as per Ex.P.3.
9. PW3 to PW7 who are cited as witnesses have stated in their
evidence that, they know the accused and have stated that, they
4 CC.NO.20279/2012
have not conducted any chit business with the accused and they
have not given any statement before the court. The said witness
was treated as hostile by the prosecution. In their cross-
examination by the prosecution have denied that on 16.7.2012 and
on 25.7.2012 they had given statement before the police as per
Ex.P.4 to Ex.P.8 respectively.
10. So, on perusal of the evidence adduced by the prosecution the
complainant, pancha witness and the victims who are the material
witnesses have turned hostile and have not supported the case of
the prosecution. So, on perusal of the evidence adduced by the
prosecution it creates doubt as to the commission of the alleged
offence by the accused. Moreover, the complainant in his cross-
examination has clearly admitted that, they got compromised the
case with the accused. So, it is not necessary to discuss much
regarding the commission of the alleged offences by the accused.
So, the prosecution has failed to prove the guilt leveled against the
accused. Hence, I proceed to pass the following:
ORDER
Accused is not found guilty for the offences punishable u/s.420 of IPC r/w 3 & 4 Prize Chits & Money Circulation Scheme Act.
Accused is acquitted u/s.248(1) of Cr.P.C. for the offence punishable u/s.420 of IPC r/w 3 & 4 Prize Chits & Money Circulation Scheme Act.
5 CC.NO.20279/2012Bail bond of the accused and that of his surety stands cancelled.
(Dictated to the Stenographer, transcribed by her, corrected by me and then pronounced in the open court on this the 2nd Day of January 2017) (Roopa R. Kulkarni) IV Addl. Chief Metropolitan Magistrate, Bangalore.
ANNEXURE List of witnesses examined for prosecution:-
PW.1 : Munavar Pasha PW.2 : Kaleem PW.3 : Jabiulla PW.4 : Mubarak @ Chotu PW.5 : Naseer Ahmed PW.6 : Syed Sheik Mirza PW.7 : Allauddin
List of exhibits marked for prosecution:-
Ex.P.1 : Complaint Ex.P.2 : Statement of PW1 Ex.P.3 : Spot Mahazar Ex.P.4 : Statement of PW3 Ex.P.5 : Statement of PW4 Ex.P.6 : Statement of PW5 Ex.P.7 : Statement of PW6 Ex.P.8 : Statement of PW7
List of M.Os marked for prosecution:- Nil List of witnesses and exhibits marked on behalf of the accused:-
Nil.
(Roopa R. Kulkarni) IV Addl. Chief Metropolitan Magistrate, Bangalore.6 CC.NO.20279/2012 7 CC.NO.20279/2012
02.01.2017 State by Senior APP Accused Judgment ORDER (Pronounced in open court vide separate order) Accused is not found guilty for the offences punishable u/s.420 of IPC r/w 3 & 4 Prize Chits & Money Circulation Scheme Act.
Accused is acquitted u/s.248(1) of Cr.P.C. for the offence punishable u/s.420 of IPC r/w 3 & 4 Prize Chits & Money Circulation Scheme Act.
8 CC.NO.20279/2012Bail bond of the accused and that of his surety stands cancelled.
(Dictated to the Stenographer, transcribed by her, corrected by me and then pronounced in the open court on this the 2nd Day of January 2017) (Roopa R. Kulkarni) IV Addl. Chief Metropolitan Magistrate, Bangalore.