Bangalore District Court
Union Of India By Inspector/Rpf vs Subramani on 27 July, 2016
1 CC.No.202-13
BEFORE THE SPECIAL COURT FOR ECONOMIC OFFENCES: AT
BANGALORE.
Dated this the 27th day of July 2016.
Present: Smt.PUSHPAVATHI V., B.A.L., LL.B.,
Presiding Officer, Special Court
for Economic Offences, Bangalore.
CC.No.202-2013.
Complainant: Union of India by Inspector/RPF,
Bangalore Cantonment.
. vs .
Accused: 1.Subramani, S/o.Shamanna,
53 Years, R/o.No.870, Marathhalli,
Bangalore-87.
2.D.Shivaraj, S/o.Doraiswamy,
37 Years, R/o.No.G.3, 1st Main Road,
Gangamma Layout, Mahadevapura,
Marathhalli, Bangalore.
(The case against A.2 is convicted vide
order dated:26.2.2014)
JUDGEMENT
1. This case is registered on the basis of the complaint filed u/s.190(a) of Cr.P.C., by the Union of India represented by Inspector/RPF, Bangalore Cantonment against the accused No.1 & 2 with a prayer to punish them for the offence punishable u/s.3(a) of the RP(UP) Act, 1966.
2. The brief facts of the complainant's case is that on 22.7.2013 on receiving a message from Divisional Security Control Room about missing of 25 Pendrol Clips & 25 Metal liners at K.M.No.201/900- 202/000 between CRLM - "A" Panel/BYPL Railway Stations. 2 CC.No.202-13 Immediately, IPF/BNC, ASIPF/BYPL & staff rushed to the spot and the ASIPF/BYPL drawn observation mahazar at the spot.
3. On 23.07.2013, ASIPF/BYPL received a written complaint from SSE/P.Way/Banasawadi and registered a case in RPF/BYPL-OP Crime No.02/2013 u/s.3(a) of RP(UP) Act, 1966 & submitted the occurrence report/FIR to the court.
4. On 06.08.2013, ASIPF/BYPL and staff were on confidential watch between CRLM & "A" Panel/BYPL Railway Stations regarding missing of Engineering Materials. During their watch at about 09.20 hours, they apprehended A.1-Subramani near K.M.No.202/500-600 between CRLM & "A" Panel/BYPL Railway Stations who was sitting on the track.
5. On enquiry, he said he was working as Senior Track Man in Gang No.7 under the control of SEE/P.Way/HSRA, he was absent for duty since 15 days, he has committed theft of pendrol clips from the track at K.M.No.201/900-202/000 between CRLM - A Panel/BYPL Railway Stations on 22.07.2013 & kept the same nearby bushes at K.M.No.200/300-400, he sold the same one week back to scrap shop of A.2 situated at Marathhalli.
6. On the same day, as led and pointed out by the accused No.1, an observation mahazar was drawn by ASIPF/BYPL between 09.50 & 10.00 hours at K.M.No.200/300-400 where he was concealed the stolen property in the bushes, after recorded his confessional statement, he brought to RPF/OP/BYPL & connected to Crime No.02/2013.
3 CC.No.202-13
7. The ASIPF/BYPL & Staff led by A.1 & pointed out the Scarp Shop of A.2 where he had disposed off the railway materials, a search was conducted in between 11.50 & 12.15 hours., at Shop No.6, Outer Ring Road, Doddanekkundi, Mahadevapura, Marathhalli, Bangalore, he found 25 Nos. of Railway Pendrol clips belonging to Railways which were seized through search list cum mahazar, the total worth of the property is Rs.770/-, the voluntary confessional statement of the shop owner was recorded in which he had admitted about he received the stolen property and had paid Rs.400/-. Thereafter, the accused persons and seized properties were brought to RPF Out post/BYPL.
8. The enquiry revealed that the accused were found in possession of the railway properties which is reasonably suspected of having been stolen or unlawfully obtained from the railways and thereby committed an offence punishable u/s.3(a) of the RP(UP) Act, 1966 and hence, the complaint is filed. With these grounds prays to punish the accused for the offence said above.
9. On this complaint, the case has been registered, cognizance taken, accused No.1 & 2 secured, they have been enlarged on bail, copies of the complaint and other documents were furnished to them. Mean while, during the pendency of the case, A.2 is pleaded guilty & convicted vide order dated:26.2.2014. Thereafter, the charge has been framed against accused No.1, he pleaded not guilty and claimed to be tried. During the trial, the complainant has examined as many as 6 witnesses in support of their case as P.W.1 to 6 and 4 CC.No.202-13 got marked the documents Ex.p.1 to 13 & Mos.1 to 25. They have been cross-examined by the learned counsel for accused. On completion of prosecution evidence, the matter was posted for recording the statement of accused No.1 u/s.313 of Cr.P.C., where accused denied incriminatory evidence read over and explained to him in the language known to him & submitted that he has got no evidence & nothing to say. He did not chosen to lead any defence evidence, hence the matter was posted for arguments.
10. Thereafter, heard the arguments. Perused the entire records, the points that arise for my consideration are :
Point No.1: Whether the complainant proves beyond all reasonable doubt that on 06.08.2013 at about 09-35 hours at K.M.No.202/500-600 between CRLM - A Panel/BYPL, Bangalore, A.1 committed theft of 25 Railway Pendrol Clips, total worth Rs.770/-, belongings to railways unlawfully and sold the same to a Scrap Shop of A.2 & thereby A.1 has committed the offence punishable under Sec.3(a) of RP(UP) Act, 1966.?
Point No.2: What order.?
11. My findings on the above said points are as under:
Point No.1: In the Negative, Point No.2: As per the Final orders for the following:
REASONS
12. Point No.1: P.w.2 Sri.K.Gopal, ASI/RPF/BYPL, Bangalore has stated that from 2011 to till the date of his deposition, he was working as ASI/RPF/BYPL, on 22.7.2012 he received credible information from Control Division Security Control Room that 25 5 CC.No.202-13 pnedrol clips and 25 mental liners were found missing at K.M.No.201/900-202/000 in between Carmelaram and BYPL Railway Station, immediately himself and his staff rushed to spot, Sri.K.N.Srinivas, Inspector/RPF/BNC jointed them, there were no panchas in the spot, so in presence of Mr.Santhosh, SSE/P.Way they noticed 25 pendrol clips and 25 mental liners were removed from one side of the track, he had drawn mahazar and took signatures of Mr.Santhosh, SSE, Mr.Nicholas his staff to the mahazar and he has also signed as per Ex.p.7, Mr.Santhosh gave missing report as per Ex.p.8 on the basis of which he registered a case in RP(UP) Cr.No.2/2013, during confidential watch on 6.8.2013 at Kaggadasapura Area, the accused was sitting on track suspiciously, they enquired with him as to his name, address & reason for sitting on track, the accused said his name as Mr.Subramani from Marathhalli & that he is Railway employee, the accused did not give reasons for sitting on track, they enquired in department, he was unauthorized absent since one week.
13. P.w.2 has further stated that on further enquiry, the accused revealed that he had removed 25 pendrol clips and metal liners from one side track situated at K.M.No.201/900-202/000 and was ready to show the place of committed theft and disposed off 25 pendrol clips to A.2, the accused also said 25 metal liners have been fell down while he was carrying the same from place of committed offence to shop of A.2, thereafter, he arrested him and 6 CC.No.202-13 his statement had been recorded as per Ex.p.9, in his statement, the accused had also revealed that he had concealed the 25 pendrol clips in a bush situated at K.M.No.200/300-400 before sold the same to A.2, hence, as led by him on the same day, himself, Mr.E.Diwakar, HC/RPF & Mr.L.Rambabu, Constable/RPF went to the said place and drawn an observation mahazar as per Ex.p.10.
14. P.w.2 has further stated that on the same day, as led by A.1, himself, Mr.E.Diwakar, HC/RPF & Mr.L.Rambabu, Constable/RPF & two panchas Mr.T.Shanmugam & Mr.R.Shivakumar went to the shop of A.2, A.2 was present, where A.1 identified the pendrol clips which he committed theft and sold to A.2, A.2 admitted the same, so, he seized the said 25 pendrol clips in presence of his staff Mr.E.Diwakar, HC/RPF & Mr.L.Rambabu, Constable/RPF & two panchas Mr.T.Shanmugam & Mr.R.Shivakumar & A.1 & 2 under a search list cum seizure mahazar as per Ex.p.11. Thereafter, he arrested A.2 & recorded his statement as per Ex.p.12, the pendrol clips which were seized from shop of A.2 are at Mos.1 to 25.
15. During the cross examination of P.w.2, he has stated that at about 4 p.m., they received message from Division Security Control Room, when he received information, he was in Baiyyappanahalli Railway Station, he was on duty, Mr.Nicholas was in his office, the Inspector directly came to the spot, himself and Mr.Nicholas went in bike, the distance between spot and BYPL Railway Station was about 7-8 kms., Mr.Nicholas was riding bike, he was riding the bike 7 CC.No.202-13 with 40kms/hour speed, there was no heavy traffic, they left the office by 4.10 p.m., and reached spot at 4.30 p.m., the Inspector also reached the spot at 4.30 p.m., they spent 20 mints at the spot, on 6.8.2013 they found accused on tract at K.M.No.202/500-600 at 9.10 hours., they enquired for 20 minutes, this 20 minutes apart, he took 15 minutes for recording statement of A.1, Mr.E.Diwakar wrote statement, immediately they proceeded to K.M.No.200/300-400, the distance between K.M.No.200/300-400 and K.M.No.202/500-600 is 2kms, they went by walk, it took 15 minutes, they reached K.M.No.200/300-400 by 9.50 hours, he took 10 minutes for observation of spot and to draw mahazar, he himself wrote mahazar, they left this place by 10.10 hours, they reached their office i.e., RPF/BYPL by 10.30 hours, they went by bike, himself and Mr.Diwakar had come to K.M.No.202/500-600 for confidential watch in bike, thereafter, he changed his version that he went later in his bike, Mr.Diwakar and Mr.Rambabu were already at K.M.No.202/500-600, they were also had been by bike, Mr.Rambabu brought his bike from K.M.No.202/500-600 to K.M.No.200/300-400, in that bike himself and Mr.Rambabu went to office, Mr.Diwakar brought accused to their office in an auto, they reached office by 10.30 hours, the drawing of observation mahazar and taking of signatures took only 10 minutes.
16. During further cross examination of P.w.2, he has stated that they spent 40-50 minutes in office and thereafter, they left to shop of A.2 8 CC.No.202-13 which is situated at Marathahalli Ring Road, the distance between their office and shop of A.2 is 8-9 kms, they went by jeep, Mr.Hari Rao was the driver, the speed of the driving was 40 kms/hour, they left the office around 11.20 hours and reached the A.2's shop at 11.45 hours, there was no traffic, he took 25 minutes for enquire A.2 and to draw mahazar, he took 10 minutes to record statement of A.2 including taking signature, the mahazar witnesses are from Marathahalli, they agreed to be witnesses on his oral request, he took signature of the panchas to the mahazar after readover the contents of mahazar.
17. He has denied that he has not done any investigation, that in the office he has taken the signatures of A.1 & 2 to the mahazar forcefully, even panchas have put their signatures on his force, he has used his powers to take their signatures, the case is created for statistical purpose since the accused was un-authorisedly absent, he has been implicated in this case, he is deposing false, Mo's are fixed to suit the convenience of this case.
18. P.w.3 Sri.E.Diwakar, HC/RPF/BNC has stated that from April-2012 to till the date of his deposition, he was working as HC/RPF/BNC, on 22.7.2013 ASI/RPF, Sri.K.Gopal has received credible information from Control Division Security, Control Room that 25 Pendrol clips and 25 metal liners were found missing at K.M.No.201/900-202/000 in between Carmelaram & BYPL A-Panel, on his instructions, they went to confidential watch on 6.8.2013 at 9 CC.No.202-13 Kaggadasapura area along with him, during confidential watch the accused was sitting on track suspiciously, the ASI enquired him as to his name, address & reasons for sitting on track, the accused said his name is Mr.Subramani from Marathhalli and Railway Employee, the accused did not give reasons for sitting on track, the ASI enquired in department, the accused was unauthorized absent since one week, on further enquiry, the accused revealed that he had removed 25 Pendrol clips and metal liners from one side of the track situated at K.M.No.201/900-202/000, the accused said that he is ready to show the place of committed theft and disposed off 25 Pendrol clips to A.2 and 25 metal liners have been fell down while he was carrying the same from place of committed offence to shop of A.2, thereafter, ASI arrested A.1 and his statement has been recorded by ASI as per Ex.p.9, in his statement, he had also revealed that he had concealed the 25 Pendrol clips in a bush situated at K.M.No.200/300-400 before sold the same to A.2, hence as led by A.1 on the same day, himself, ASI & Mr.L.Rambabu, Constable/RPF went to the said place and ASI drawn an observation mahazar as per Ex.p.10.
19. P.w.3 has further stated that on the same day, as led by A.1 himself, ASI & Mr.L.Rambabu, Constable/RPF and two panchas Mr.T.Shanmugam and Mr.R.Shivakumar went to the shop of A.2, A.2 was present, where A.1 identified the pendrol clips which he committed theft and sold to A.2, A.2 admitted the same, the ASI 10 CC.No.202-13 seized the said 25 pendrol clips in presence of himself, Mr.L.Rambabu, Constable/RPF, two panchas Mr.T.Shanmugam & Mr.R.Shivakumar and A.1 & 2 under search list cum mahazar as per Ex.p.11. Thereafter, the ASI arrested A.2 and recorded statement as per Ex.p.12, Mo.1 to 25 were the Pendrol clips which were seized from shop of A.2, he had given his statement before the ASI as per Ex.P.13.
20. During the cross examination of P.w.3, he has stated that the distance between Carmelaram and BYPL A-Panel is about 7-8 kms, himself and Mr.L.Rambabu were in one bike, first they went, thereafter ASI joined them, after they reached 15 minutes ASI came to spot, they reached at 8.30 a.m., there was no heavy traffic, they left the office by 8.10 a.m., on 6.8.2013 they found accused on track at K.M.No.202/500-600 at 9.15 to 9.20 hours, ASI enquired for 05 mints., this 05 mints apart, ASI took 10 mints for recording statement of A.1, he do not remember who wrote statement, immediately, they proceeded to K.M.No.200/300-400, the distance between K.M. No.200/300-400 & K.M.No.202/500-600 is 2 kms, they went by walk, it took 15-20 mints., they reached K.M. No.200/300- 400 by 9.45 hours., ASI took 15 mints., for observation of spot and to draw mahazar, himself wrote mahazar, he took accused in auto to RPF/BYPL Post, within 20 mints., they reached their office, they left the spot by 10.10 hours, ASI reached office after they reached with in a gap of mints., 11 CC.No.202-13
21. During the further cross examination of P.w.3, he has denied that they spent 40 mints in office and thereafter they left to shop of A.2 which is situated at Marathhalli Ring Road, the distance between their office & shop of A.2 is around 8 kms., they went by jeep, he do not remember who was the driver, the speed of the driving was 50 kms/hour, they left the office around 11.20 hours and reached the A.2's shop at 11.45 hours., there was no traffic jam, ASI took 25 mints for enquire A.2 and to draw mahazar, he do not remember how much time is taken by ASI for recording statement of A.2, mahazar witnesses are from Marathhalli.
22. He has denied that ASI has taken the signatures of A.1 & 2 to the mahazar forcefully, even panchas have put their signatures on his force, the ASI have used his powers to take their signatures, the case is created for statistical purpose, since the accused was un- authorizedly absent, he has been implicated in this case, he is deposing false, Mo's are fixed to suit the convenience of this case.
23. P.w.1 Sri.K.L.Srinivasa, Inspector/RPF/Cantt., Bangalore has stated that from 2013 to till the date of his deposition, he is working as IPF/RPF/BNC, on 6.8.2013, he received information from C.w.2- ASI/RPF/BYPL that A.1 arrested in BYPL RP(UP) Cr.No.2/2013, they immediately rushed to BYPL Out Post, duly informing C.w.8- SSE/P.Way/Banaswadi and on reaching Banasawadi, he recorded further statement of A.1 in presence of C.w.8 his superior as per 12 CC.No.202-13 Ex.p.1. On 28.8.2013 he recorded the statements of C.w.4 & 5, on 29.8.2013, he gave a letter to SSE/P.Way/BAND to attend RPF Office BYPL to certify the case properties as per Ex.p.2, on the same day, he recorded the statements of C.ws.2, 3, 6 & 7, on 30.8.2013 C.w.8 visited RPF Office/BYPL & examined the case properties i.e., 25 Pendrol clips & liners, then he issued case property certification as per E.xp.3, he has also recorded statement of C.w.8, on 31.8.2013, he received one letter & ownership particulars from C.w.9 as per Ex.p.4 & 5, after completion of enquiry, he filed the final complaint before this court on 6.11.2013 as per Ex.p.6. Mos.1 to 25 are the Pendrol clips seized.
24. During the cross examination of P.w.1, he has stated that he know C.w.2-Mr.Gopal, he is ASI in their Department, he know A.1, he is Railway Employee, earlier also one case was registered against A.1, same is still pending, they have not seized any property from A.1.
25. He has denied that A.1 has not given statement before him, only to suit the convenience he has created statement, A.2 by colluding with them pleaded guilty.
26. P.w.4 Sri.H.M.Nicholas has stated that from 2008 to 2014, he was working as Constable/RPF/BYPL, on 22.7.2013 he accompanied P.w.2 to K.M.No.201/900-202/000 in between Carmellaram and BYPL A-Panel, they noticed 5 Pendrol clips which were found missing from inner side of track on the right side towards BYPL A- Panel, in this connection ASI/RPF/BYPL drawn observation 13 CC.No.202-13 mahazar as per Ex.p.7 in his presence and Sri.Santhoshkumar, SSE-P.Way, Banaswadi from 16.50 to 17.10 hours.
27. During the cross-examination of P.w.4, he has stated that he reached KM.No.201-900 at 16.50 hours.
28. He denied that the observation mahazar and sketch were drawn in office, they signed Ex.p.7 in office no property was missing.
29. P.w.6 Sri.Santhosh Kumar has stated that from 2011 to 2015 he was working as SSE, Banaswadi, on 22.7.2013, around 16 hours, he received a message from their Gangmate Sri.Muniswamy over phone about missing of 25 Pendrol clips and 25 metal liners at K.M.No.201/900 to 202/000 between Carmelaram to BYPL Railway Station, immediately, he proceeded to spot, on reaching he found pendrol clips missing, then he alerted security control over phone, next day he gave a written complaint to IPF/BNC/RPF as per Ex.p.8. On 29.8.2013, ASI/BYPL/RPF called him to examine the property and to issue certificate that whether they are railway properties missing at the RPF Post, BYPL. On 30.8.2013 he went to RPF Post, BYPL, there were 25 Pendrol clips, he examined and gave certificate that they are missing Railway Properties as per Ex.p.3, in this connection, he gave statement to IPF/BYPL/RPF, Mos.1 to 25 are the properties in respect of which he examined and gave report.
14 CC.No.202-13
30. During the cross examination of P.w.6, he has denied that Sri.Muniswamy had not given him any message over phone about missing of any Railway Pendrol clips and metal liners, he did not proceed to spot and did not check it, he has not given any statement, the statement is created by IPF in order to suit the convenience and he has put his signature in the interest of department, Mos.1 to 25 are not missing properties as alleged, Mos.1 to 25 are scrap materials used only to fix the accused in this case, due to professional jealous they have fixed accused in this case.
31. P.w.5 Sri.R.Shivakumar has stated that he is residing in Bangalore since 10 years, on 6.8.2013 at about 11.30 a.m., he was standing near the scrap shop of A.2 near Marathhalli, the police asked him to be a witness to a procedure, he agreed, where a railway property was seized, the shop belongs to Mr.Shivaraj, another person was there with police whose name is Mr.Subramani, Mos.1 to 25 are the railway properties seized on that day.
32. During the cross-examination of P.w.5, he has denied that he do not know the contents of mahazar Ex.p.11, Mr.Subramani did not identify Mos.1 to 24 in his presence, he cannot identify Mr.Subramani. Mr.Shivaraj & himself singed to the mahazar, he do not know any others signed, as the police asked him to sign he has 15 CC.No.202-13 signed the mahazar, he do not know any information about this case.
33. I have perused the entire records, the allegation against A.1 is that he is the Railway Employee committed theft of 25 Pendrol clips worth Rs.770/- and sold the same to A.2, that he had also committed theft of 25 Metal liners, but the same were dropped some where enroute which were kept in a plastic cover, A.2 has of course convicted on he voluntarily pleaded guilty. But, the prosecution has not examined him and subjected for cross- examination. Here, the accused has lost opportunity of proving that the plea of accused No.2 that A.1 sold railway properties to him is false. So, the fact that A.2 has pleaded guilty will not assist the prosecution in proving the allegations made against accused No.1. Secondly, the independent mahazar witness i.e., P.w.5 though during his chief examination stated that Mos.1 to 25 are the railway properties seized in the shop of A.2-Shivaraj, that the mahazar is conducted at shop of A.2-Shivaraj & that A.1-Subramani was present, during the cross-examination says that he cannot identify A.1-Subramani & A.1-Subramani did not identify Mos.1 to 25 in his presence. He has further stated that himself & A.2- Shivaraj signed to the mahazar, he do not know any others signed, the police asked him to sign & hence he signed to the mahazar, he do not know any information about this case. Because of this a doubt arises as to contents of mahazar Ex.P.11 that whether Mos.1 16 CC.No.202-13 to 25 seized on A.1 identified the same in the shop of A.2 as he committed theft.
34. Apart from this, during the cross-examination of P.w.1, he admitted no properties have been seized from A.1. Unless it is proved that the properties found in the shop of A.2 are sold by A.1 to A.2, A.1 cannot be punished for the offence punishable u/s.3(a) of the RP(UP) Act, 1966. No such proof before the court to prove that A.1 has sold the properties Mos.1 to 25 to A.2 except mahazar cum search list. But, as I have already said above, the contents of mahazar cum search list is not proved beyond reasonable doubt. Of course, the official witnesses i.e., P.w.2 & 3 have deposed about Ex.p.11 mahazar cum search list. But, the evidence of P.w.2 & 3 cannot be relied upon for the reason discrepancy in their evidence. Because, P.w.2 during his cross examination says that on 6.8.2013 they found accused on track at K.M.No.202/500-600 at 9.10 hours., they enquired him for 20 minutes, this 20 minutes apart he took 15 minutes to record statement of A.1, Mr.E.Diwakar wrote statement. But, P.w.3-Sri.E.Diwakar says that they found accused on track at K.M.No.202/500-600 at 9.15 to 9.20 hours, ASI enquired for 05 minutes, this 05 minutes apart he took 10 minutes to record statement of A.1, he do not know who wrote statement.
35. Further, P.w.2 says that they reached K.M.No.200/200-400 by 9.50 hours., he took 10 minutes for observation of spot and to draw mahazar, he himself wrote mahazar, he left that place by 10.10 17 CC.No.202-13 hours., they reached their office i.e., RPF/BYPL by 10.30 hours., they went by bike, himself & Mr.Diwakar had come to K.M.No.202/500-600 for confidential watch in bike, but later, he changed his version that in his bike Mr.Diwakar & Mr.Rambabu were already at K.M.No.202/500-600, they were also had been by bike, Mr.Rambabu brought his bike from K.M.No.202/500-600 to K.M.No.200/300-400, in that bike, himself & R.Rambabu went to office, Mr.Diwakar brought accused to their office in an auto, they reached office by 10.30 hours., the drawing of observation mahazar and on taking of signatures took only 10 minutes. But, P.w.3- Sri.E.Diwakar says that they reached K.M.No.200/300-400 by 9.45 hours, ASI took 15 minutes for observation of spot and to draw mahazar, he himself wrote mahazar, he took accused in auto to RPF/BYPL Post, within 20 minutes they reached their office, they left the spot by 10.10 hours., ASI reached office after they reached within a gap of 10 minutes. These discrepancies lead to doubt the credence of P.w.2 & 3. Thus, without the support of corroborating evidence of independent witnesses, the evidence of P.w.2 & 3 cannot be relied upon. At the out set, I hold that the prosecution has failed to prove the case against A.1 beyond all reasonable doubt & hence, I answer Point No.1 in negative.
36. Point No.2: In view of my findings on Point No.1, I proceed to pass the following order.
18 CC.No.202-13
ORDER Acting u/s.248(1) of Cr.P.C., the accused No.1 is acquitted for the offence punishable u/s.3(a) of the RP(UP) Act, 1966. The bail bond of accused No.1 stands cancelled.
The samples of Mos.1 to 25 be released to the custody of complainant to dispose off the same in accordance with law. (Dictated to the Stenographer, directly on computer, typed by her corrected and then th pronounced by me, in open court on this the 27 day of July-2016.) PRESIDING OFFICER.
ANNEXURE:
ON BEHALF OF THE COMPLAINANT:
Witnesses:
P.w.1 K.L.Srinivasa, P.w.2 K.Gopal, P.w.3 E.Diwakar, P.w.4 H.M.Nicholas, P.w.5 R.Shivakumar, P.w.6 Santhosh Kumar.
Documents:-
Ex.p.1 Further Statement of A.1, Ex.p.1(a) Sig. of P.W.1, Ex.p.2 Copy of Letter, Ex.p.2(a) Sig. of P.W.1, Ex.p.3 Certificate of case property, Ex.p.3(a) Sig. of P.W.1, Ex.p.3(b) Sig. of P.w.6, Ex.p.4 Letter, Ex.p.4(a) Sig. of P.W.1, Ex.p.5 Ownership particulars, Ex.p.5(a) Sig. of P.W.1, Ex.p.6 Complaint, Ex.p.6(a) Sig. of P.W.1, Ex.p.7 Mahazar, Ex.p.7(a) Sig. of P.W.2, Ex.p.7(b) Sig. of Santhosh, Ex.p.7(c) Sig. of Nicholas, Ex.p.8 Missing report, Ex.p.8(a) Sig. of P.w.6, Ex.p.9 Statement of A.1, Ex.p.9(a) Sig. of P.W.2, 19 CC.No.202-13 Ex.p.9(b) Sig. of A.1, Ex.p.9© Sig. of P.w.3, Ex.p.10 Observation mahazar, Ex.p.10(a) Sig. of P.W.2, Ex.p.10(b) Sig. of E.Diwakar, Ex.p.10(c) Sig. of L.Rambabu, Ex.p.11 Search list cum mahazar, Ex.p.11(a) Sig. of P.W.2, Ex.p.11(b) Sig. of E.Diwakar, Ex.p.11(c) Sig. of L.Rambabu Ex.p.11(d) Sig. of T.Shanmugam, Ex.p.11(e) Sig. of R.Shivakumar, Ex.p.11(f) Sig. of A.1, Ex.p.11(g) Sig. of A.2, Ex.p.12 Statement of A.2, Ex.p.12(a) Sig. of P.w.2, Ex.p.12(b) Sig. of E.Diwakar, Ex.p.12(c) Sig. of L.Rambabu Ex.p.12(d) Sig. of T.Shanmugam, Ex.p.12(e) Sig. of R.Shivakumar, Ex.p.12(f) Sig. of A.1, Ex.p.12(g) Sig. of A.2, Ex.p.13 Statement of P.w.3, Ex.p.13(a) Sig. of P.w.3.
MATERIAL OBJECTS:
Mos.1 - One Pendrol clip, Mos.2 to 25 - Twenty Four Pendrol Clips, Mo.1(a) to Mo.9(a) Sig. of P.w.5.
ON BEHALF OF THE ACCUSED: Witnesses & Documents: Nil.
(PUSHPAVATHI V) PRESIDING OFFICER, SPL.COURT FOR ECONOMIC OFFENCES, BANGALORE.20 CC.No.202-13