Bangalore District Court
State By J.P. Nagar Police Station vs Velu on 13 July, 2018
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 13th day of JULY 2018
:Present:
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.13412/2017
Complainant : State by J.P. Nagar Police station
(By Sr. Asst. Public Prosecutor)
-V/s-
Accused : Velu,
S/o Late. Krishna Murthy,
Aged about 31 years,
R/at No.390, 1st Cross Road,
1st Main Road, Ambedkar Nagar,
Old Biyyappanahalli, Bengaluru.
(Represented by SKY Associates)
JUDGMENT
The PSI of J.P. Nagar Police Station has filed charge sheet against accused for the offence punishable U/s. 380 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, on 18/12/2014, in the night, accused committed theft of 25 grams gold chain worth Rs.43,000/- belonging 2 C.C. No.13412/2017 to C.W. 1 Smt. Arundathi Nagabhushan, which was kept on tea-pai in a room, by putting his hands through window, from her house bearing No.125, situated at 5th Cross Road, ITI colony, J.P. Nagar 1st phase, within the limits of J.P. Nagar Police Station and thereby committed aforesaid offence. Therefore, C.W.1 Smt. Arundathi Nagabhushan has lodged complaint before the jurisdictional police. As such, this case came to be registered against accused. Thereafter, I.O. visited the place of incident, drawn spot mahazar as well as seizure mahazar, seized item No.29 and 30 involved in this case and subjected the same under P.F. No.98/2015, recorded the statement of witnesses and after completion of investigation filed charge sheet against the accused for the aforesaid offence.
3. The accused is in judicial custody and he is represented through his counsel.
4. The copies of the prosecution papers have been furnished to the accused as required under Sec.207 of Cr.P.C. The cognizance of the offence punishable U/sec. 380 of IPC has been taken as per Sec.190 of Cr.P.C.
3 C.C. No.13412/2017
5. The charge is framed, contents of charge have been read over and explained to the accused in the language known to him, he pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.
6. Though, the prosecution in order to prove its case has cited as many as 12 witnesses, except C.W. 5, 6 and 7 none of the witnesses i.e. C.W. 1 to 4, 11 and 12 have turned up before the court inspite of taking coercive steps like issuance of summons, warrants and even proclamation. It is to be observed that, the charge is framed in the year 2017 and till now C.W. 1 to 4, 11 and 12 have been secured and no satisfactory explanation has been offered. Therefore, they have been discharged from deposing evidence.
7. After completion of prosecution side evidence, the statement of accused as required under Section 313 of Cr.P.C. has been recorded, wherein he has denied the incriminating evidence adduced against him and he has not chosen to lead his side defense evidence. Hence, the case is posted for arguments. 4 C.C. No.13412/2017
8. Heard both the side and perused the material evidence on record.
9. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, on 18/12/2014, in the night, accused committed theft of 25 grams gold chain worth Rs.43,000/- belonging to C.W. 1 Smt. Arundathi Nagabhushan, which was kept on tea-pai in a room, by putting his hands through window, from her house bearing No.125, situated at 5th Cross Road, ITI colony, J.P. Nagar 1st phase, within the limits of J.P. Nagar Police Station and thereby committed an offence punishable under Section 380 of IPC?
2. What Order?
10. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : As per final order for the following
REASONS
11. Point No.1: In this case, accused has been alleged of
committing theft of gold chain weighing 25 grams belonging to
C.W. 1 Smt. Arundathi Nagabhushan from her house beraing No.125, 5 C.C. No.13412/2017 situated at 5th Cross Road, ITI colony, J.P. Nagar 1st Phase, Bengaluru.
12. The complainant is one Smt. Arundathi Nagabhushan who has set the law into motion has failed to appear before the court to put forth her case against accused, which is a fatal blow to the prosecution case.
13. In addition, two independent mahazar witnesses have been examined as P.W. 1 and 2, wherein they have totally turned hostile, not deposed anything against accused, not identified the seizure mahazar and thereby not supported the case of prosecution. On the other hand, they have only identified their respective signatures on the seizure mahazar by ignoring its content. One police official has spoken about arresting the accused which is not of much important in the absence of evidence of other material witnesses.
14. That apart, though the prosecution has cited as many as 12 witnesses, except C.W. 5, 6 and 7, none of the witnesses i.e. C.W. 1 to 4, 11 and 12 have turned up before the court inspite of taking coercive steps like issuance of summons, warrants and even proclamation. It is to be observed that, on 07/11/2017 this court 6 C.C. No.13412/2017 has framed charge and this court has extended fullest assistance to secure the witnesses by issuing summons, warrants and even proclamation which can be seen from the order sheet. Therefore, they have been discharged from deposing the evidence. As such, the prosecution has failed to prove its case against accused beyond reasonable doubt. Hence, benefit of doubt has to be extended in favour of accused. As a result, the prosecution has failed to prove the charges leveled against accused with cogent, convincing and corroborative evidence. Therefore, above point No.1 is answered in the Negative.
15.Point No.2: In view of the negative findings on the above point No.1, I proceed to pass the following:-
ORDER Acting U/s.248(1) of Cr.P.C., accused is found not guilty and acquitted of the offence punishable U/s. 380 of IPC.
Accused is set at liberty forth with if he is not required in any other case. Issue intimation to Jail Authorities. 7 C.C. No.13412/2017
The interim custody of item No.29 and 30 seized and subjected under P.F. No.98/2015, to the complainant is made absolute.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 13th day of July 2018).
(Mala N.D) XLIV Addl.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1: Jayaram P.W. 2: Jagan P.W. 3: Muniyappa
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Seizure mahazar Ex.P.1(a) : Signature of P.W. 1 Ex.P.1(b) : Signature of P.W. 2 Ex.P. 2 : Report Ex.P.2(a) : Signature of P.W. 3
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.8 C.C. No.13412/2017
Judgment pronounced in Open Court vide separate:-
ORDER Acting U/s.248(1) of Cr.P.C., accused is found not guilty and acquitted of the offence punishable U/s. 380 of IPC.
Accused is set at liberty forth with if he is not required in any other case. Issue intimation to Jail Authorities.
The interim custody of item No.29 and 30 seized and subjected under P.F. No.98/2015, to the complainant is made absolute.
(Mala N.D) XLIV Addl.C.M.M., B'lore.
9 C.C. No.13412/2017