Karnataka High Court
H.B.Siddesha @ Siddu vs State By Banavara Police on 13 March, 2012
Bench: K.Bhakthavatsala, H.S.Kempanna
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LSE VEG BY STATE OF | :
. BY PUBLIC : OS a REGPONDERT.
8/0 NACAPDA, AGRICULTL E HOCOURT OF RARNATAIA MIGM COURT OF KARMA? he] A HIE ks HCOUBY OF KARNATAIA HIGH COURT OF KARNATAKA NIGH COURT OF {FAULT oe PATENT or
a) ED SHALL UNDE! ont sh the file-of the Principal § co.W.1) was resid! HGH COURT GF KARNATAKAHIGH CORIRT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT GF KARNATAKA HIGH COURT OF RARNATAKA HIGH int O NO.7 1s SENTENCED. "To UNDERGO ILL FOR A PERIOD OF 10 YEARS AND HE SHALL SENTENCED TO PAY FINE OF &¢. 10, D,000f« ae in, > DEFAULT OF PAYMENT OF FINE, 7 F @ UNDERGO 6.1. FO ay ME aging THIS AY, OR LIVERED THE FOLLOWING:-
-AUDGMEN four eppeais fi filed byt the sctused nos.6, @, 1, 2, 4, § sand 7 ns # directed against common | 2004 and S.0.Ne.45/20 ions Judge, Hassan. = 4. The. pref feet lgacing to filing of the above appeals may be stated as under:
- Gn the intervening night of 12.16.9005 and 13.20.2093 at ebout 2.15 2.m, when campolainant gon tle fenmn hou amie of Bendekere Vilage, 5 -~G6 unknown persone armed with clube end iron mode came in =e Maruthi van i i i nine VE 1 COURT OF KARNATAKA HIGH COURT OF KARNATARA HIGH COURT © son KARNATAIA FliGH COURT OF MARMATAKA HIGH COURT OF KARNATAKA, HIGE
-. the Court es per Ex.P2 ' bee coutte of inv fiefs] ead ribly anbared his houee and deve threat & complainant €C.W.1) and | Ais. wife a Anusuya (P.W.6), gon PW? (Vined- Kurnar) and daiigh Veena ( P.W.8) and Vari ®. W. 9}. When ow. 4 and cash of Ral 4,20,000 and "they ¢ gave » threat | to the ampegei | about tee inckent & : not te pase iy erie sped away. On.the besis of the information given: we BY a3. ~ -KeNegaratu at epoul 4.15 a.m. on punistiable under Section 395 of IPC and submitted FIR te en the same dey. He hended over gen to FIW.24 ~ FLA. Panchaksherac Durng mation, P.W.26 arre z Bere eas No.8, driver of 36 aha Marutn' Ven and sien arrestes wi and receveread valuable artic! f
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other accuse "GURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT GF KARNATAICA HIGH Ct gation was over sid charge sheet against accused persone for the offence punishable under Section +398 of IPC. The case wes committed te the Sessions C Court When - the case was pending before the Sessions 'Court, even, before framing of charge, cree n0.3 escaped from the custody, Therefore, the Trial © 'ouirt hes spit uD the case as against accused no.3. The ei ing. accused faced triel Far he offence 'under. Section 395 of Pe Tn guppert of the ease of the prosecution, it hes é go ot exam ined as many es 24 witnesses "ard ; ot . 'masked 61 gecuri@nte end 23 material objects: uring 'the: 'course of crogs-exemination of PW, g~ Mani, the detonce nee got marked a portion of her: stetament.. Bs BRK, Ol. After thea evidence of the _ prosecution "side was over, statement of accused under "Section 313-Cr.P.C. was recorded. They denied all the inctiminatin 1G creumeiances eppearing the evidence of he prosecution witnecees. They dc not accuce any dete nee witnesses.
3. The trigi Court efter neering arguments, perusing the oral and cecumentery evidence on record came to a & eran IURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARMATAKA HIGH GOURT-GE KARNATAKA: HIGH COURT OF KARNATAKA HIGH £ Me "ida © yeL2,4 and § in Criming) Appeal Ne. 520/20 conclusion that the prosecution breught here the guilt of *s@ eccus hearing the sez cused oon. the. 'point of &, fe sentence, the Trial Ceurt sar tenced accused 08.1,2, 4, S- and 7. After hearing arguments, the , Tels! Ce ' suse sentenced accu nal, 4, 5 and ? for yer Sue imprisonment far fe end te pay fine of Rs.10 O00}- : "each. In default of "Hla, the wccused: "shell undergo sirmole oe pay impr sonma ant fer a peried ofS = years for the eFfarca unier Section 395 af cis 7 The? Tria! Court ee given set off for the period of de ateniion. un: dergone by accused nas. 7 and s g. Chaliaging the order of torviction and _ ace cused | person 1 are before this Court. 5: Gri Haamath Pasha, learned counsel appearing for accused 0.7 In Criminal Appeal No. 522/200, accused submitted Giet the Triel Court erred in not noticing that PWG = @nusuys and other inmates cof the house examined by the progecution heave deposed chat immediately efrer the arrest of pie accused, PAG and oe 2 igi a _s
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Se: E t-oF the ine goiged t ale A valuable articles from accused and therefore, t! WAG WES Maru & a4 -
ape under PLVEOG were ne in Me.
€ that the Tr cused hos.1, 2, > z > Pe the pal nol BUuTican A € u n a 2 itaed a oF BOLLS, &.O.20, tne efence uncer thet « Fars accused aa.d ae ies ng seizure of G are © uniter Or é ES appellents/a¢ & ig- "subin 3 i An van a Ee is of no avail and that the pre ive accused let fhe@ sccusec ane Pd : oO 2 Go £ & 8 :
st te ay alg TBs. : fae a Be o & " = A 'o ei the alleged. vol "without "(making preper appreciation of evidence ro aa F 3 ay OE E . s a e BR - Oo #8 --- @ & eS oo Oe : at © a an a 3 a abs a O 6. ~ Wy on! des » ie o eS nn oe wd gg oe of « ie ae : nn rr. sre we ES ie a ie ee é ee a Aa = span ™ a ae : an ug -
ae 2 s 8 test of identification parade recovered from the secusad , recovery = :
hes mot oro accugec and recovery.
4.0.16 gold and silver orn ae Court ahi 2D HOLE WOWLVNY YS AO LNOD HOIH WIV NAYS SO ANNO HOLS SOORUIYN2 os BO LEO MDM 4 27 OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH e
7. The case of the appellant/accused neo. ey i Crintinel, Appeal! No. 445/200¢ persona: search wes conducted ty poll ce an cm aeiz ae one mighie paeré « 0.4, Vikas index Book, = M. Q. Sy bia rowe of neck chain - hLO.6 and. cus eh 1 of RS. 2230/- are not eullcieant to connect the ace cued with the alleged offence under Section 395 of IPC, tt "ie urged, tht there are
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contradictions if th Ae eviceice 'of eye. witnesses and there @ ne satisfactory evidene ce piaced an recerd te cennect necused no. for the: alie ged offence nder Section 395 of unmiis that angeilant in Criminal GoSri Nawaz, learned Addl 5..0., appearing fer the 'State suienits thet investigating officer arrested the s . wOluntery statement end armcias of comolminant seized in 'the cose were identified by C.W.1 and his relatives. 'Further, after the Marutni van bearing registration No.KA- OS-A-GOl wes selged, finger orints on the van were taden Qe felvec with the finger print of secused na.d,. OURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATARA HIGH CC Ll Me further suomite thet P.W.1 - Mellepsa on the wey i tsa house of C.W.1 netine tee Waerutnl van writhar " Manjushree" on the back aide was seized 'alse supnerts the case of prosecution. The Triei Court on. pro eciation of the evklence on record fas convicted the ction 395 of TPG 3 and awarded sentence and there ig nc Magali ie "ii ri ay is the impugned ne an of convietio n and sentonee and the anpesis rimy be dineread.--
8. Ins view of "the arguments addres ay the red-co ounsel for the pert, the only point thet arises s for cur consideration tee a . vhather the Trial Court i justified in | conv icting the accused under Section 395 of the Cand awerding sentence? © 2 id. Gur anewar te the above point i in the negative .. forthe following reasons:
it is pertinent & menden that 7.1.6, whe @ wife of the deces: ~ gomolainant (C.W.1) hee deposed thet on the intervening night of 12/13.10.2005 at about 11 or ?
i enna pene OURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA MIGH COURT OF KARNATAKA HIGH a : the | = house. gave thr "short. She ha 4G COURT OF RARMATARA HIGH € if 12.40 mid night, ¢he and her huahand and inenates at the n@uee heard some sound in the cattle shad: her 'husband .
wie peeped tareug™ the window, nuk ns pein wt about 2 oF 2.43. a.m. they. | cw, i- "Beieyowde went to the cattle shed ang W. ao _ Anusuye. also carne out and returned here and while 'losing tre door, 3-4 persons forcibly entered the house by. guahing the door. PW. hee. deposed that her hush vend Salegwoda made hue and ory. asking "whe were they and ree them frerm en ing the howe, but 74 persons entered the house by using forts and one a accused wes arr with iron road 66h multad ¢ on the leg ofc WL. Other persons who entered eet Khe larnet:
3. She hae deposed . that the. "accitted persone wera in the age group of 20 «22 yeers. Among them, one woe ll end enother one was i Geoosed that the culorite were erred with 'rode and clubs. One of the culprits snetched her mangeiva eheln, giver emskets end ancther culprit snatched her bengies, another culprit snatched her aar-stude. By that tinyé, fear d@ughter woke up and P | quested the culsrits not me io H COURT OF KARNATAKA Fil sly 8 aM COURT OF BARBATAICA Hit at t Fy IGH COURT OF RARNATAKA HIGH COURT OF KARNATAKA HIK TOF KARNATAKA H ge ey Thin mage | is @ rmehazer witness fer pereonal os investigating officer, accused no.G was arres the accused for the offence under Section 395 of the Ipc.
P.W.1 ~ Mallapoae is relative of C.W.1. According to hie, an 13.10.2003 at about 3.30 a.moche. re ceived. a "phoria . ge from C.W.1 about the men and ha came to the house of C.W.1. PLW.2 - - Stias har ena of Wo Nae cegosed thet he accompa nivel PF. Wil bo the nouse of CaW.L. PWoL and PW: 2 nave. stated 'that their Neuse was situated at % 5 distance of} PL, et. BY from: the rarre neuse of CW. and on the way. te the He ae of CA WL, Prey noticed one Mar ruth ven: Be going and 'on the back side of the Maruthi yar, . : wes written ag "Manjuenri®'. PWS - A 7 _ = :
wh witness nas supported the caes of the prosecution. 'During the course of conducting spot mahagar 6x. Py, police seized M.O.2 end M.O.3. PW = sg a a he n0.6 mece on LS.10.2005. According m the "45.40 0.2003 end he seiged ane mobile ve, Views pobe 'beok, one mack chain and cash of Re.225Gf- . P.wW.4 hes deposed that pergonal search of accused ne.é wee conducted in his pre nes vet dentified the ca COURT GF KARNATARA HIGH COURT OF KARNATARA HIGH CO aa?
complainant and inmates of the accused. The witne DOURY OF KARNATAKA HIGH COURT OF KARNATAICA Hibh COURT OF RABRNATAIA FEGPY is iaged wrticles namely, call phone, cash of Be. 2250/- by the investigating officer. PWS Dr Vijayakumara, who treated C.Woi hes deposed that hs neleed simple jury and issued a wourid certificate es per LP4, BLW.6, PW, P.W.8 ttt P.W.9 are thet ine te now of of C.A4. fe Wed passed away, ene. therefore OF PW, P.W.B and PLES are the children of C.W.1, A utien could net examine hire BAN, & «wife of C.W.1, Ee steed thee the. polie a called ther te the police station and they, teenies: old emaments and other saized if rom the. accused 8G well ae the accused in 4 Wecelien the police. station, The con wducted we AW. 16 i of me evell bo the cese of the have rit stated soout tre comoexion, their ¢ anc other reevant cetals for the purpese of 'tracing the culprits. P.W.10 is the mahezar witness for seizure of Maruthi van. It 6 the cease of the prosecution that the cuiprite have used the Maeruthi van bearing No. KA.OG<-4.--501 for the purpose of committing the alleged é Ke UeT OF KARNATAKA MIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH oe sf a ye paar mt sogge ie or Becht Lhe £% na Fos a age anes tae "-
=e bo ae ih < feo aye & jor on crime. It i¢ the case of the prosecution that the' said Maruthi van wae plying om the road situsted at e dittance ef 5 wees from tha house of C.wW.ois Ne hing wi rthwhila is seized from the driver faccus faruth! van. He was paid driver of the Maruth! van. The prosecution hes"
not placed any material relating. &o. the cuetady of the vahicie in question on that night, Seinure of Maruthi van alse does not connect the accused. with the alleged i ° oMence. Semire of See, cubs 5 ying in th tt @ Maeruthi ven deae net sane sts 2 oe offence. PLW.LLL SK. Nagaraju, 'tard Venema. ~ SHVveramnu, who are SBE re met heer witnesses heave not supperbed tea of of prosecution. .W.12- 3.8. Kumar has deposed es that the alleged articles viz. one cell phone, cash of 'Re 2230 one Vikas note boak and neck chain were seized from accused no.6 in the Benawara police station . whereas the accused no.6 wae alleged to be arrested in Sente Honda at Chlracurgs, Except the aleged recovery fram the seccused, there ig no cogent and aatiefactory materia) flecec an record ty connect tee accuser with the alleged offence.
be a iP RARNATARA Hil i.
POUR OF RARNATAICA HEGH COURT et ha i HARUATARS. MAGE H COURT GF i RNATAIA Fi a re AMIG fi RARMATARS Mah COURT OF aa Prakash, whe ie & finger orint expert. There ¢ so mat MH CGSINT GP Ra i?
Li. Learned counsel for the apo ellant/ectused rn. in Criminel Agopea! No.445/2009 submite. that Mog mobile phone, M.0.-5 Vikas note book and Monts = gold chain de nek halong te accused no.6 and he he eno 0 cleim over these articles, As per the Jirp pugied order k M.0.6 te og M.O.23 heve been felensed in favouir_of P.W.6. None of the accused claim any of th the ertities seized in the cage. There is no cogent evden ~ with regard te ealgure of the articles from the "acclte. | Further, nothing was seized eer from © accused nes. 7 and &. In ou oe view, there ie as satnfactory maternal 'te connect the eccugad with the ab alleged crime, The pt osecution hes exerined PW.20 - ® beg "en fecerd: "o-show that there were finger prints on almirah sad stes! box. NO pencnenams wee conduched regarding wa cont eh ee.
"eet =a aoe py an Under such circurmtances, the avidence of & prosecucen has got marked entire casi view, tare @ me cegent and satisfectery evidence GURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH C "HG COURT OF KARNATARA HIGH COURT OF KARNATAKA HIGH COURT OF KARMATAKA HIGH 1s connecting the accu for the alleged offence, "in our view, the case ef prosecution creates 8 grave dowkt in 'the ) find of thie Court ae te the truti-fuliness of the casa of the prosecution and the efit. of : doubt shoud have | extended to the accused, iz. For the reseons stated sure, we folowing order;
Criminal, aD esl No.@a5/2009, Criminal Appeal Ho. 44/2009, * Ceiminval | Appel No.520/2009 and Criminal Appssl No.8 oe 23/2003 are stiowed anc the jucgment cated 24.4.2009 pusbed. in $.C,No.45/2004 and 41/ °F convicting the sccused/eppellants fer the offance under Section. 995 ef IPC and sentencing therm to undergo "imprisoninant for lifefrigaraus Imprisonment for a period of io years, ag the case may be, and to @ pay fine of TAG, o60/- each, 97 set aside. Ali the appellante/accused are ecaultted for the offence punishable under Section 395 of IPC, ee GA Mi ig i are in ludicial Cuetedy, they shall be set at liberty forthwith, if their presence ie not required in any other cage. og a/ _ fsa.
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