Bangalore District Court
The State Of Karnataka vs Nirmal Raj Kumar on 9 January, 2023
0 S.C No.158/2010 C/w
S.C.No.547/2011
KABC010230222011
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (C.C.H.57)
:PRESENT:
Sri.T.Govindaiah, B.Com., LLB.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 06th Day of January, 2023.
S.C No.158/2010 M/w S.C.No.547/2011
Parties in S.C.No.158/2010
COMPLAINANT : The State of Karnataka,
By Jeevan Bheema Nagar
Police Station,
Bengaluru.
(By Public Prosecutor)
Vs
ACCUSED 1. Nirmal Raj Kumar
S/o Pathyanathan
Aged about 35 years
R/at No.1542, E Block
A.E.C.S. Layout
Marthahalli
1 S.C No.158/2010 C/w
S.C.No.547/2011
Bengaluru
2. Jayakuamr
S/o S.A.Alavadeyar
Aged about 30 years
R/at No.36, 2nd Cross
Near Gangamma Temple
Mahadevapura
Bengaluru
3. Baskaran
S/o Jnanavelu
Aged about 26 years
R/at No.68/23A
Gopalpillai Temple Road,
Tiruvanna Mallai Taluk
Tamil Nadu
4. Manoj Kumar
S/o Chani
Aged about 29 years
R/at No.65,
Meenakshi lake View Extension,
Parappana Agrahara
Bengaluru
5. Lawrence D' Selva
S/o Lessi D' Selva
Aged about 24 years
R/atNo.102,
Muneshwara Extension,
11th Cross, Yelahanka Upanagar
2 S.C No.158/2010 C/w
S.C.No.547/2011
Bengaluru
6. Setu
S/o Dorai
Aged about 30 years
R/at No.5/12 M.G.R.Nagar
Harini Tiruvanamalli
Tamilnadu
7. J.Madivanna
S/o Gopal
Aged about 33 years
R/at Bramanna Beedi
Seruvalluru, Punaluru Taluk
Tiruvanamalli
Tamilnadu
8. Das Prakash
S/o A.Mani
Aged about 23 years
R/at No.12, Valikara Street
Tiruvanamalli
Tamilnadu
9. Suresh
S/o A.Kashinath
(By Sri.Krishnappa Advocate for A1
Sri.S.K. Advocate for A2
Sri.T.P.Advocate for A3 to 7)
3 S.C No.158/2010 C/w
S.C.No.547/2011
(A9 is split up)
Parties in S.C.No.547/2011
COMPLAINANT : The State of Karnataka,
By Jeevan Bheema Nagar
Police Station,
Bengaluru.
(By Public Prosecutor)
Vs
ACCUSED 10. Sri.Jagannathan @ Jaggu
S/o Ananthan
Aged about 28 years
R/at No.68B, 23rd Block,
M.I.B.V. Quarters,
Yelahanka New Town
Bengaluru
(By Sri.T.P.Advocate)
Date of offence 02.06.2009
Date of report of offence 03.06.2009
Name of the complainant Issac John
4 S.C No.158/2010 C/w
S.C.No.547/2011
Date of commencement of
recording of evidence 29.04.2014
Date of closing of evidence 30.08.2022
Offences complained of U/Sec.120B, 364(A), 395 and 397
R/w Sec.149 of IPC.
Opinion of the Judge Accused No.1 to 8 and 10 are
Convicted
State represented by Learned Public Prosecutor
Sri.Krishnappa Advocate for A1
Sri.S.K. Advocate for A2
Accused defended by Sri.T.P.Advocate for A3 to 7
Sri. T.P.Advoate for A10
********
COMMON JUDGMENT
This is a charge sheet presented by the Assistant
Police Commissioner, Halasuru SubDivision against the
accused for the offences punishable under Sec.120B,
364(A), 395 and 397 R/w Sec.149 of IPC.
2. The prosecution case is that:
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The complainant i.e. C.W.1 being the branch
manager of Muthoot mini Nidhi Finance, New
Thippasandra Branch, situated at No.120, 1 st Floor, Alfa
Diamond Plaza, New Thippasandra Road, Bengaluru, on
02.06.2009 in the evening at 5.30 p.m after locking the
strong room and main door, he returning to his house in
his Honda activa scooter bearing No.KA03EK3890 by
keeping the office keys in the dickey of the said scooter.
When he was passing in front of the Corporation Bank,
12th Main door, Indira Nagar, accused No.6 and 9
followed him in a motor bike bearing No.KA02ED15
and hit to the back side of the vehicle of C.W.1. Due to
the impact C.W.1 fell down. At that time accused No.3, 7
and 8 came in a white colour Maruthi Omini bearing
No.KA03M8138, acted as if they are provide him
treatment, forcibly kidnapped the C.W.1 and while going
towards Malur road via Airport road, accused No.7
poured the spirit to the face of C.W.1 in the said Omini
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itself. Accused No.3 and 7 assaulted the C.W.1 and by
threatening him forcibly took cash of Rs.20,000/ and
snatched the mobile from C.W.1. Thereafter the accused
pulled the C.W.1 out of the Maruthi omini at Malur road.
Thereafter the accused came near the scooter of C.W.1
where the scooter of C.W.1 was lying. The accused took
the keys of the Muthoot Mini Nidhi Finance and also
strong room keys from the dickey of the said scooter.
Accused No.1 to 10 assembled there. Thereafter all the
accused went to the Muthoot Mini Nidhi Finance,
Tippasandra Branch and entered into the Muthoot Mini
Nidhi Finance by opening the main door and opening
strong room committed the dacoity of gold ornaments
weighing 40Kg and 490 grams to the tune of
Rs.5,68,40,000/ and escaped from the spot. Thereafter
all the accused got shared the gold ornaments among
them and thereby the accused committed the offences
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punishable under Sec.120B, 364(A), 395 and 397 R/w
Sec.149 of IPC.
3. The investigating officer has submitted charge
sheet before the X Addl. Chief Metropolitan Magistrate,
Bengaluru who has committed the case to the court of
sessions. After hearing both prosecution and accused
before charge, there are sufficient materials found to
proceed against the accused.
4. Accused No.1 to 9 were tried in
S.C.No.158/2010. After framing charge, case against
accused No.9 was split up. Thereafter the police have
secured accused No.10 and filed separate charge sheet
against accused No.10 and registered in
S.C.No.547/2011. After securing accused No.10 charge
has been framed for the offences punishable under
Sec.120B, 364(A), 395 and 397 R/w Sec.149 of IPC
against accused No.10 separately. Thereafter
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S.C.No.547/2011
S.C.No.547/2011 has been merged with
S.C.No.158/2010. After closure of evidence accused
statement under Sec.313 of Cr.P.C. has been recorded
separately in both the cases.
5. In order to prove the guilt of the accused, the
prosecution has examined as many as 42 witnesses as
P.Ws.1 to 42 and got marked Ex.P.1 to 74 and got
identified M.Os. 1 to 42. After closure of the prosecution
side evidence, the Statement of accused under section
313 Cr.P.C has been recorded. Accused denied the
incriminating materials appeared in the evidence of
prosecution witnesses as false and accused No.1 to 8 and
10 submits they have no defence evidence but marked 1
document as Ex.D.1.
6. Since the evidence adduced by the prosecution is
in S.C.No.158/2010 it is appropriate to pronounce
common judgment based on the same evidence and
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S.C.No.547/2011
hence both cases are merged together. Hence this
common judgment.
7. Heard the arguments of both sides.
8. The points that arise for my consideration are :
1. Whether the prosecution proves
beyond reasonable doubt that on
02.06.2009 at about 5.30 p.m at
No.201, Alpha diamond plaza,
Hosatippasandra, BEML main road,
Bengaluru accused No.1 to 9 along
with the split up accused No.10, being
the party of the conspiracy done or
caused to be done an illegal act like to
commit dacoity and thereby
committed the offence punishable
under Sec. 120B R/w Sec. 149 of IPC.
2. Whether the prosecution proves
beyond reasonable doubt that on the
above said date, time and place the
accused No.1 to 9 and along with split
up accused No.10 kidnapped C.W.1
Issac Jan when he proceeding in his
Honda Activa bearing No.KA03EK
3890 in front of Corporation Bank at
12th main road, Indira Nagar,
Bengaluru, by dashing from back side
and when he fell down, accused No.3,
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7 and 8 forcibly took him into Maruti
Omini Van bearing No.KA03M8138
with pretending to give treatment and
at airport road Malur road, accused
speared the spirit on his face and
assaulted him with hands and
snatched an amount of Rs.20,000/
one Nokia mobile from C.W.1 and
pushed him from out of the van at
Malur road and thereby accused
committed the offence under
Sec.364(A) and 397 R/w Sec.149 of
IPC?
3. Whether the prosecution proves
beyond reasonable doubt that on the
above said date, time and place the
accused No.1 took the key of strong
room of Muthoot finance which was
kept in the dikky of the scooter of
C.W.1 and accused opened the main
door of said finance and opened the
door of strong room committed dacoity
by snatching verities of gold
ornaments weighing about 40kg 940
grams worth of Rs.5,68,40,000/ and
went in the said Maruti Omini van
and to the house of accused No.1 and
called the accused No.6 and 9 to his
house and all the accused disbursed
themselves of the said gold ornaments
and committed the offence under
Sec.395 R/w Sec.149 of IPC?
4. What order?
11 S.C No.158/2010 C/w
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9. My answer to the above points are as
under:
Point No.1: In the Affirmative
Point No.2: In the Affirmative
Point No.3: In the Affirmative
Point No.4: As per final order,
for the following:
:REASONS:
10. Point No.1 to 3: In view of the evidence on
record all the points are taken together for consideration
in order to avoid repetition of facts.
11. C.W.1- Isac jan who is the manager of Muthoot
Mini Nidhi Finance is examined as P.W.3. He being the
injured and victim of the incident, in his evidence he
states that, on 02.06.2009 in the evening 5.30 p.m,
himself after locking the strong room and the main door
of Muthoot Mini Nidhi Finance he return to his house in
12 S.C No.158/2010 C/w
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his Honda Activa Scooter bearing No.KA03EK3890 by
keeping the office keys in the dickey of the said scooter.
When he was passing in front of Corporation bank, 12 th
main road, Indira Nagar, accused No.6 Saifu and accused
No.9 Suresh followed him in a motor cycle bearing
No.KA02ED15 and hit to the back side of vehicle of
him. Due to the impact, he fell down. At that time
accused No.3 Bhasker, accused No.7 G.Madivanna,
accused No.8 Das Prakash came in a white color Maruti
Omini bearing No.KA03M8138, acted as if they provide
him treatment and forcibly kidnapped him. He further
states that, they took him towards Malur Road via
Airport road, accused No.7 J.Madivanna poured the
pepper spray to his face and in the Omini vehicle
accused No.3 Bhaskaran and accused No.7 J.Madivanna
assaulted him with hand on his face and other parts of
the body and accused have gave threat to him and
forcibly snatched an amount of Rs.20,000/ from him
13 S.C No.158/2010 C/w
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and accused also snatched his mobile from him.
Thereafter the accused pulled him out of the van in
Mallur road. Due to the illegal act of the accused, he
suffered lot and he unable to speak. The accused are
talking in a Kannada language. He alone fell in the road
side and shouted for help. At that time one watchmen
came his near and he took him to his house and gave
water for drinking. Thereafter he called his senior officer
by name Vargice Kurian through phone. Thereafter
Vargice Kurian came to the spot at 2.00 a.m and he took
him to the hospital for medical treatment.
12. After obtaining the medical treatment he went
to his native place at Indira nagar, Bengaluru. Thereafter
in the morning at 7.00 p.m he visited the spot where the
accident took place. But his scooter is not available in
the spot. Thereafter he called the bank director and he
visited his office at Thippasandra, wherein the main door
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of Muthoot Mini Nidhi Finance and strong room locker
are opened by the accused, by taking keys from his
scooter. He further states that, the accused by breaking
open the main door and strong room of Muthoot Mini
Nidhi Finance accused committed the dacity of gold
ornaments weighing 40 kgs 950 grams worth
Rs.5,65,00,000/ and accused are escaped along with
gold ornaments.
13. He further states that one iron rod, axial blade,
chemical bottle, hand gloves, one bag wrench, 23 bags,
2 shirts, monkey cap, iron rods were fell on the ground of
in side of bank. Thereafter police have admitted him to
Chinmayi Mission hospital. During his treatment police
have came to the hospital and he lodged the complaint as
per Ex.P.5 and Ex.P.5(a) is his signature. He also states
that police have conducted spot mahazar in his presence
as per Ex.P.1 and his signature as Ex.P.1(b), which is the
15 S.C No.158/2010 C/w
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mahazar drawn in the Muthoot Mini Nidhi Finance office.
He also identified Axel blade and other properties.
Thereafter he took him to Central Jail. Wherein the
Tahasildar have conducted identification parade of
accused. Wherein he also identified the accused. Now
this witness also identified the accused with their names
before the court. Further he has identified the M.O.1 to
42.
14. The counsel for the accused cross examined
the witness by denying the offence against the accused.
Learned counsel for the accused suggested so many
suggestions by denying the act of the accused. But this
witness denied all the suggestion as false. The counsel
for the accused contended that, the accused have not
committed any offence as alleged by the police, but due
to claim the insurance amount and on the instigation of
the Muthoot Mini Nidhi Finance officials, the police have
16 S.C No.158/2010 C/w
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registered false case against the accused. The counsel for
the accused cross examined this witness at lengthy, but
nothing is elicited to disbelieve the case of prosecution.
The counsel for the accused also suggested that, this
witness has not took any medical treatment. But this
witness denied the same as false. Therefore, there are no
reason to disbelieve the evidence of P.W.3.
15. C.W.2 Sajeev is the driver examined as P.W.1.
This witness deposed that on 03.06.2009 at about 8.30
p.m police have conducted spot and seizure mahazar as
per Ex.P.1 and his signature as Ex.P.1(a). He also states
that, dog squad visited the spot and gold ornaments
weighing about 40 kg have been theft by opening the
strong room. He also identified M.O.3 to 34 before the
court.
16. This witness also states about drawing of
another seizure mahazar as per Ex.P.2 and his signature
17 S.C No.158/2010 C/w
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at Ex.P.2(a). He further states about the seizure of M.O.1
and 2 i.e. locks in his presence. He also identified M.O.3
i.e. bottle of chemical. He further states about seizure of
M.O.4 to 40 in his presence. The counsel for the accused
cross examined this witness by denying his presence at
the time of drawing of Ex.P.1 and 2 and seizure of M.O.1
to 40. But this witness denied all the suggestions as
false.
17. C.W.16 Rajaram who is the appraiser and
pawn broker examined as P.W.2. In his evidence he
deposed that on 10.06.2009 Hennur police have
requested him to weighing the gold ornaments. As per
the request, he went to Jadekodanahalli village of
Hosakote Taluk along with police through police van
along with one accused. He identified accused No.2
before the court. He further states that, at 11.30 a.m he
reached the spot and accused No.2 produced the gold
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ornaments where he put the ornaments in the shed. He
weighed the said ornaments, the same are about 7 kg
896 grams. Thereafter the police have seized the
ornaments in the presence of witnesses by conducting
seizure mahazar as per Ex.P.3 and his signature at
Ex.P.3(a). He also identified the said ornaments in photo.
Accordingly in his evidence he states about drawing of
Ex.P.3 mahazar by seizure of gold ornaments.
18. Learned counsel for the accused suggested
that, he put his signature on Ex.P.3 in Hennur police
station. But this witness denied the same as false.
Learned counsel for accused also suggested that, he do
not know the contents of Ex.P.3. But this witness denied
the same as false. Therefore this witness clearly states
about drawing of Ex.P.3 mahazar and seizure of gold
ornaments from the custody of accused No.2.
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19. C.W.9 S.G.Kulakarni who is the Regional
Manager of Muthoot Mini Nidhi Finance examined as
P.W.4. He being the official of Muthoot Mini Nidhi
Finance, he states about his service in the said finance
and also he states about robbery in the said finance. He
further states that, on 06.06.2009 Jeevan Bheema Nagar
police have conducted seizure mahazar as per Ex.P.6 and
seized one motor cycle, gold ornaments and receipt
regarding gold loan and he also identified his signature at
Ex.P.6(a). Accordingly he states about drawing of Ex.P.6
in his presence and seizure of gold ornaments from the
custody of accused.
20. He further states that, on 09.06.2009 a about
8.00 p.m police have informed that some gold ornaments
have found and called him to police station to identify
the said gold ornaments. He further states that, police
have took him to the house of accused No.1, along with
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the accused. The accused No.1 shown the bag of gold
ornaments in his house. The said gold ornaments
belongs to Muthoot Mini Nidhi Finance. Police have
examined the said gold ornaments through gold apprizer.
He also identified accused No.1 before the court. He
further states that, more than 9 Kg gold ornaments are
found in the house of accused No.1 in a bag and the
police have seized the same by examining the same
through gold apprizer.
21. He further states that, on 21.07.2009 in
Jeevan Bheema nagar police station, police have
conducted mahazar as per Ex.P.7 and his signature at
Ex.P.7(a). In the evidence of P.W.4 he states that
mahazar as per Ex.P.7.
22. The counsel for the accused have cross
examined this witnesses by suggesting so many
suggestions by denying the gold ornaments in the
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custody of accused No.1. but this witnesses denied as
false. Further the counsel for the accused suggested
that, only with intention to claim the insurance benefit,
false case is registered against the accused. This witness
also denied the same as false.
23. C.W.27 Nemaram who is the gold apprizer
examined as P.W.5. In his evidence he deposed that on
10.06.2009 Halasur police have took him to the
residency lodge in Room No.103 at 4.30 p.m, one
Jayaram and Sukur were present at that time. One of the
accused is also in the custody of police. As per the
information given by the accused, he kept the gold
ornaments in a bag in the room of hotel. He weighed the
gold ornaments and found 19 gold ornaments weighing
about 1683 gram and police have conducted mahazar in
his presence as per Ex.P.8 and his signature at Ex.P.8(a).
He also identified accused No.8 before the court and
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deposed that, he was in the custody of police at the time
of drawing of Ex.P.8 mahazar.
24. The counsel for the accused have cross
examined this witness by suggesting so many
suggestions. This accused also admits some suggestions
as true. He also admits that, he could not able to identify
the accused No.8 before this court. But he deposed about
drawing about mahazar as per Ex.P.8.
25. C.W.37 Srinivas Murthy is also official of
Muthoot Mini Nidhi Finance examined as P.W.6. In his
evidence he deposed that, he working as cashier in the
Muthoot Mini Nidhi Finance at Thippasandra Branch.
Isac Jhan is the manager of said Finance. The said
finance during the business of providing loan on gold
ornaments.
26. He further states that on 02.06.2009 at about
5.30 p.m his office was closed and went to the house.
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Next day in the morning on 03.06.2009 at 9.20 to 9.30
a.m he came to the office and came to know about the
robbery. He also came to know about the injury to his
manager Isac Jhan and he also states about the incident.
27. He further states that on 05.06.2009 Jeevan
Bheema Nagar police have called him to the police station
and police have recorded the statement and police have
informed that accused and gold ornaments belongs to
Muthoot finance have found in the custody of accused.
He identified the gold ornaments as the same are belongs
to his finance company. He also identified the accused
before the court. About 40 Kg of gold have stolen by the
accused by doing robbery.
28. The counsel for the accused suggested so many
suggestions by denying his evidence. But this witness
denied all the suggestions as false.
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29. C.W.47 V.Girithimmappa ASI examined as
P.W.7. In his evidence he deposed that, on 02.06.2009
he was patrolling his duty. At about 5.30 p.m he received
message about accident in the 12th Main road, near
Corporation Bank. He reached the spot around 78
minutes. Peoples are assembled there and he informed
about the accident to the hoysala vehicle. Upon seeing
the spot one Activa Honda and Yamaha Crucks were fell
on the spot. Upon enquiry one Maruthi vehicle took the
rider of scooter for medical treatment. Thereafter he
informed the same to Tiger vehicle. At that time one
person came near him and stated that rider of Activa
Honda is his uncle and he taking treatment at Hosmath
hospital and requested for handing over the Activa
Honda. But he informed that after completion of
procedure vehicle will be released as per law. Accordingly
two vehicles have been taken to his custody and
conducted the spot mahazar as per Ex.P.10 and
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Ex.P.10(a) is his signature. He identify the photo of
vehicle as per Ex.P.11 to 13.
30. He further states that on 24.06.2009 police
inspector of Jeevan Bheema Nagar have called him to
Central prison and wherein conducted identification
parade by the Tahasildar. He identified accused No.1
where he requested for release of Activa Honda.
Accordingly this witness states about the identification of
accused No.1 and incident.
31. The counsel for the accused cross examined
this witness and suggested so many suggestions by
denying the accident between two vehicles. But this
witness denied the same as false. The counsel for the
accused suggested that he has not identified the accused
No.1, but this witness denied the same as false. He
further states that after securing the accused,
investigation officer has recorded his statement.
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Therefore nothing is elicited in the cross examination to
disbelieve the evidence of this witness.
32. C.W.77 T.Raju ASI examined as P.W.8. This
witness states about securing of accused No.9 along with
gold ornaments with resin bag. Thereafter in the spot
itself conducted the spot and seizure mahazar as per
Ex.P.15 and signature at Ex.P.15(a). He further states
that, gold ornaments seized from the custody of accused
No.9 in the presence of witness by weighing the same
through apprizer. There are 14 gold ornaments in the
bag, weighing about 1562 grams. He further states that,
he has produced the accused No.1 before the Assistant
Commissioner of Police and he also identified the
accused before the court.
33. The counsel for the accused cross examined
this witness at length but nothing is elicited to disbelieve
the evidence of this witness. The counsel for the accused
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also denied about conducting of Ex.P.15 and seizure of
gold ornaments. But this witness denied the same as
false.
34. C.W.26 Jayaram, C.W.24 Yashavanthraj Jain,
C.W.20 Mallesh H.M., C.W.13 Noorulla, C.W.18
Chinnaswamy, C.W.23 Ravikumar, C.W.7 Srinivas R.,
C.W.14 Jayaram, C.W.41 Deepak Kumar, C.W.34
Zabiulla and C.W.35 Abdul Salam who are the witnesses
to the spot and seizure mahazar examined as P.Ws.9 to
11, 13 to 15, 18 to 22. These witnesses are turned hostile
and not supported the case of prosecution. In the cross
examination made by the prosecution nothing is elicited
to prove the spot and seizure mahazar. Therefore, the
evidence of these witnesses are not helpful to the case of
prosecution.
35. C.W.21 Devaraj who is the BBMP Clerk
examined as P.W.12. In his evidence he identified his
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signature on Ex.P.17 and his signature as Ex.P.17(b). He
also turned hostile and not supported the case of
prosecution.
36. C.W.33 Pradeep Kumar owner of shop
examined as P.W.16. In his evidence he states that, he
obtained the loan of Rs.1,00,000/ from the finance run
by the accused. Thereafter the said shop rented to the
accused. Thereafter he turned hostile and not supported
the case of prosecution.
37. C.W.22 Raghu @ Rukmangada is also owner of
shop examined as P.W.17. In his evidence he being the
GPA holder of his fatherinlaw, he let out one shop to
Pradeep. He further states that Muthoot Mini Nidhi
Finance also carrying the business in their building and
accused also having one shop in the said building. He let
out one room to Shekhar by receiving an amount of
Rs.2,00,000/ as advance and by fixing an amount of
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Rs.15,000/ as rent. He also identified his signature as
per Ex.P.23(a), during cross examination conducted by
the prosecution.
38. The counsel for the accused cross examined
this witnesses at length suggesting that there is no
document to let out the building to the accused on rental
basis. But there is no dispute regarding his ownership of
the building. Therefore, evidence of this witness is formal
one.
39. C.W.40 Vargees Kuriyan is examined as
P.W.23. He is a hearsay witness. He heard about the
incident from his relative. He deposed about
unconsciousness of C.W.1 and he admitted C.W.1 to
Vaidehi hospital. He further states that, the police have
informed about the robbery in Muthoot finance. He gave
a statement before the police.
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40. C.W.64 K.S.Mahesh police constable examined
as P.W.24. In his evidence he deposed that, he secured
the accused along with PI . He further states that as per
the information given by accused No.5 Larence Deselva
conducted Ex.P.17 mahazar in the house of accused No.5
in the presence of C.W.20 and 21 and his signature at
Ex.P.17(c) and seized gold ornaments. He also identified
accused No.5 before the court.
41. Learned counsel for the accused suggested so
many suggestions about the details of house of accused
No.5. Counsel for the accused also denied about the
identification of accused No.5. But this witness denied all
the suggestion as false. This witness admits that at the
time of drawing seizure mahazar as per Ex.P.17, photos
and videos have not obtained. Accordingly there is no
reason to believe the evidence of this witness.
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42. C.W.49 C.P.Madappa PSI examined as P.W.25.
In his evidence he deposed that on 09.06.2009 at about
10.00 p.m, himself and his staff have petrolling their
duty for searching the accused in Cr.No.176/2009. When
they reached Bayappanahalli Bridge, one person
wondering here and there suspiciously. They caught hold
him and enquired about his name and address and he is
the accused No.1 of this case by name Nirmal Raj.
Thereafter he took them to their custody and produced
him to the police station.
43. In the cross examination made on behalf of the
accused they suggested that they have not securing the
accused No.1 and not produced him in police station.
But this witness denied as false.
44. C.W.52 H.G.Vasudev PSI examined as P.W.26.
In his evidence he deposed that, on 09.06.2009, himself
and C.W.53 to 56 have patrolling their duty along with
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C.W.89, for searching of the accused. He further states
that on 09.06.2009 at about 9.30 a.m within the limits of
Banasawadi in 100 ft road he found accused No.2
Jayakumar and they have caught hold him and produced
before C.W.84 in police station. C.W.84 have recorded the
voluntary statement of accused No.2 Jayakumar. As per
the information given by accused No.2 they have visited
the Gedigenahalli village, Land Sy.No.151, where the
accused No.2 conceal the gold ornaments. Wherein
C.W.18 seized the gold ornaments and gave number as
item No.1 to 199 and conducted the mahazar as per
Ex.P.3.
45. Learned counsel for the accused in their cross
examination suggested that, he was not traced the
accused and he was not present at the time of drawing
Ex.P.3. But this witness denied all the suggestion as
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false. Therefore there is no reason to disbelieve the
evidence of this witness.
46. C.W.62 Munaiah who is the retired ASI
examined as P.W.27. In his evidence he deposed that, on
10.06.2009 himself, C.W.86 and 63 have patrolling their
duty for tracing the accused and property. They came to
know that, at 9.30 a.m accused No.4 is wondering near
Ganesh Temple. Thereafter they reached the spot and
took accused No.4 to the custody. As per the voluntary
statement given by the accused No.4, he kept 4 kg 118
gram gold ornaments in his house at Lakeview layout.
Thereafter along with witnesses they went to the house of
accused No.4 and seized the 4 kg 118 gram gold
ornaments by drawing seizure mahazar as per Ex.P.20.
Accordingly in his evidence he deposed about securing of
accused No.4 and seizure of gold ornaments from the
custody of accused No.4.
34 S.C No.158/2010 C/w
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47. The counsel for the accused have cross
examined this witness by suggesting that, accused No.4
arrested from his house, but this witness denied the
same as false. Further learned counsel for the accused
suggested that mahazar was not drawn at the time of
seizing gold ornaments and he was not present at the
time of drawing of seizure mahazar. But this witness
denied as false. But this witness admits that, photo and
videos was not obtained in the house of accused No.4.
Therefore there are no reason to disbelieve the evidence
of this witness.
48. C.W.70 M.Venkataramanappa is also ASI
examined as P.W.28. In his evidence he deposed that, on
10.06.2009 at about 6.30 p.m himself, C.W.89 and 71
have patrolling their duty for tracing the accused and
property. They came to know that, at 6.30 P.m accused
No.7 is wondering near Marathahalli Bridge. Thereafter
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they reached the spot and took accused No.7 to the
custody. As per the voluntary statement given by the
accused No.7, he kept 1 kg 337 gram gold ornaments in
the house accused No.1. Thereafter along with witnesses
they went to the house of accused No.1 at ASCS Layout
and seized the 1 kg 337 gram gold ornaments by drawing
seizure mahazar. Accordingly in his evidence he deposed
about securing of accused No.7 and seizure of gold
ornaments from the custody of accused No.7.
49. The counsel for the accused have cross
examined this witness by suggesting that, accused No.7
arrested from house of accused No.1, but this witness
denied the same as false. Further learned counsel for the
accused suggested that mahazar was not drawn at the
time of seizing gold ornaments and he was not present at
the time of drawing of seizure mahazar. But this witness
denied as false. But this witness admits that, photo and
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videos was not obtained in the house of accused No.1.
Therefore there are no reason to disbelieve the evidence
of this witness.
50. C.W.75 Basavaraj Doddamani is the head
Constable examined as P.W.29. In his evidence he
deposed that, on 10.06.2009 himself, C.W.74 and 90
have patrolling their duty for tracing the accused and
property. They came to know that, at 8.30 p.m accused
No.8 is wondering near Old Madras Road, Trinity circle
near Guruprasad Lodge at room No.103. Thereafter they
reached the spot and took accused No.8 to the custody.
As per the voluntary statement given by the accused
No.8, he kept 1 kg 680 gram gold ornaments in the room
No.103 of Guruprasad Lodge. Thereafter along with
witnesses they went to Guruprasad Lodge and seized the
1 kg 680 gram gold ornaments by drawing seizure
mahazar. Accordingly in his evidence he deposed about
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securing of accused No.8 and seizure of gold ornaments
from the custody of accused No.8.
51. The counsel for the accused have cross
examined this witness by suggesting that, accused No.8
arrested from guruprasad Lodge at Room No.103, but
this witness denied the same as false. Further learned
counsel for the accused suggested that mahazar was not
drawn at the time of seizing gold ornaments and he was
not present at the time of drawing of seizure mahazar.
But this witness denied as false. But this witness admits
that, photo and videos was not obtained in room No.103
of Guruprasad Lodge. Therefore there are no reason to
disbelieve the evidence of this witness.
52. C.W.95 Basavaraj examined as P.W.30. In his
evidence he deposed that he pledged on gold bracelet,
one ring and one pendent in the year 2009 and obtained
loan of Rs.12,000/ and received Muthoot Finance
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receipt. Thereafter he came to know that, some thief
theft the gold ornaments in Muthoot finance, thereafter
he enquired about the ornaments and officials of
Muthoot finance informing that, we return the said
property after some time. After lapse of 1 ½ months he
came to know that gold ornaments were found and he
obtained the same by payment of amount.
53. C.W.90 M.K.Tammaiah Dy.S.P. Ramanagar
examined as P.W.31. In his evidence he deposed that, on
03.06.2009 as per the direction of D.C.P, they have
started to trace the accused No.8. On 10.09.2009 himself
and his staff at about 2.00 p.m he came to know that,
accused No.8 Dasprakash is wondering near Halasuru
bus stand. They reached the spot and took him to
custody and brought to the police station. In the police
station accused No.8 has been arrested and as per his
voluntary statement he concealed gold ornaments in a
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bag in room No.3 of South Parade hotel. On inspection of
room No.3 they found that accused No.8 concealed the
gold ornaments belongs to Muthoot finance. Thereafter
they have brought gold apprizer conducted the seizure
mahazar in the presence of witnesses as per Ex.P.8 and
his signature as Ex.P.8(c) and seized the gold ornaments
from the custody of accused No.8. Thereafter in a police
station they have recorded the statement of gold apprizer,
C.W.74 and 75 and produced before the C.W.97 along
with his report.
54. The counsel for the accused cross examined
this witness, but not elicited anything to disbelieve the
evidence of P.W.31. Further there is no reason to
disbelieve the drawing of Ex.P.8 and seizure of gold
ornaments in the presence of witnesses.
55. C.W.85 T.Rangappa who is the police
inspector examined as P.W.32. In his evidence he
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deposed that, on 03.06.2009 as per the direction of
D.C.P, they have started to trace the accused No.3. On
10.09.2009 himself and C.W.57 to 61 at about 10.00 a.m
he came to know that, accused No.3 Bhaskaran is
wondering near K.R.Puram road, Tin factory. They
reached the spot and took him to custody and brought to
the police station. In the police station accused No.3 has
been arrested and as per his voluntary statement, he
concealed gold ornaments in a residential house of
accused No.3 at No.32, Gangammanagudi,
Mahadevapura. On inspection of his house they found
that accused No.3 concealed the gold ornaments belongs
to Muthoot finance. Thereafter they have brought gold
apprizer conducted the seizure mahazar in the presence
of witnesses as per Ex.P.18 and his signature as
Ex.P.18(b) and seized the gold ornaments from the
custody of accused No.3. Thereafter in a police station
they have recorded the statement of gold apprizer,
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C.W.11 and 13, 57 to 61 and produced before the C.W.97
along with his report.
56. The counsel for the accused cross examined
this witness, but not elicited anything to disbelieve the
evidence of P.W.32. Further there is no reason to
disbelieve the drawing of Ex.P.18 and seizure of gold
ornaments in the presence of witnesses.
57. C.W.81 Rajanna P. police inspector is
examined as P.W.33. As per the instruction of C.W.87
Dy.S.P. Badrinath on 10.06.2009 himself and his staff
appointed for searching the maruti Omini vehicle bearing
No.KA03M8138. As per the above instruction by
patrolling their duty, they came near Thirumala
Shettyhalli police station, PSI have seized the Maruthi
Omini vehicle bearing No.KA03M8138 in
Crl.Misc.No.104/2009. After giving requisition obtained
the said vehicle to their custody as per the order ofJMFC
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Hosakote. Thereafter he produced the said vehicle before
C.W.97 along with report. This witness also identified the
above said vehicle in the photo before court and the same
is marked as Ex.P.28 and 29. He also identified his
report as per Ex.P.30.
58. The counsel for the accused cross examined
this witnesses putting so many suggestions. But this
witness denied all the allegations as false.
59. C.W.87 S.Badrinath Dy.S.P. Bengaluru has
been examined as P.W.34. In his evidence he deposed
that, on 03.06.2009 as per the memo issued by A.C.P
B.K.Singh, they have appointed for searching the
accused and property. As per the said memo himself and
his staff formed the team. On 10.06.2009 they came to
know that accused No.5 Larence Diselva is residing in
H.No.11, Muneshwara layout, 11th Cross, Yelahanka.
Thereafter they reached the spot and obtained the
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accused No.5 to their custody. As per his voluntary
statement his share of gold ornaments were concealed in
his house. Thereafter they conducted the spot and
seizure mahazar in the presence of witnesses as per
Ex.P.17 and his signature as Ex.P.17(d). Thereafter they
returned to the police station along with accused and
property and recorded further voluntary statement of
accused No.5 as per Ex.P.31 and his signature at
Ex.P.31(a) and signature of accused No.5 on Ex.P.31 is
also marked as Ex.P.31(b).
60. The counsel for the accused cross examined
this witness, but not elicited anything to disbelieve the
evidence of P.W.34.
61. C.W.96 Smt.Shanthi, who is the customer of
Muthoot Nidhi Finance examined as P.W.35. In the
evidence of this witness she deposed that three gold
bangles have been pledged in Muthoot finance and she
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obtained the loan of Rs.22,000/. After came to know the
incident he demanded to return his bangles. After lapse
of one month Muthoot finance officials called her to
release gold bangles. Thereafter the staff of Muthoot
finance have returned the gold bangles by receiving
amount. The evidence of this witness is formal one.
62. C.W.88 Kishor Bharani police inspector is
examined as P.W.36. In his evidence he deposed that, on
06.09.2009 as per the direction of C.W.97 himself and
C.W.83, 93 have started to trace the accused No.6. On
09.06.2009 they patrolling their duty Old Madras road,
near Isolation hospital three unknown persons
wondering there along with plastic bag. Upon suspicious
they have caught hold one person and other two persons
escaped from the spot. Upon enquiry they came to know
that accused No.6 is wondering there. Thereafter they
took him to the custody and seized gold ornaments by
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drawing mahazar in the presence of witnesses as per
Ex.P.16 and Ex.P.16(c) is his signature and they
produced the accused and gold ornaments before C.W.97
along with their report.
63. The counsel for the accused cross examined
this witness, but not elicited anything to disbelieve the
evidence of P.W.36. Further there is no reason to
disbelieve the drawing of Ex.P.16 and seizure of gold
ornaments in the presence of witnesses.
64. C.W.92 B.Venkatesh Tahasildar who
conducted the identification parade examined as P.W.37.
In his evidence he deposed that, as per the request of
police inspector of J.B.Nagar police station, on
10.06.2009 he wrote a letter to superintendent Central
prison Bengaluru and conducted identification parade of
accused on 24.06.2009. He further states that on
24.06.2009 he visited the Central Prison, Bengaluru
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conducted the identification parade between 3.00 p.m to
5.00 p.m. He also directed the witnesses to present in
Central prison. He conducted the identification parade of
accused No.1 by following all the procedure as per
Ex.P.14 and signature of C.W.47 as per Ex.P.14(a) and
his signature as Ex.P.14(b). He further states that, he
conducted the identification parade of accused No.1,2
and 8 by following procedure and issued certificate as per
Ex.P.33 and signature of C.W.35 as Ex.P.33(a) and his
signature Ex.P.33(b).
65. He further states that, he further conducted
the identification parade of accused No.1 to 3 in the
presence of C.W.32 by following all the procedure and
issued certificate as per Ex.P.23, and signature of C.W.32
as per Ex.P.23(a) and his signature at Ex.P.23(b).
66. He further states that, he further conducted
the identification parade of accused No.1 and 7 in the
47 S.C No.158/2010 C/w
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presence of C.W.43 by following all the procedure and
issued certificate as per Ex.P.36, and signature of C.W.43
as per Ex.P.36(a) and his signature at Ex.P.36(b).
67. He further states that, he further conducted
the identification parade of accused No.7 and 8 in the
presence of C.W.41 by following all the procedure and
issued certificate as per Ex.P.37, and signature of C.W.41
as per Ex.P.37(a) and his signature at Ex.P.37(b).
68. He further states that, he further conducted
the identification parade of accused No.3, 7 and 8 in the
presence of C.W.1 by following all the procedure and
issued certificate as per Ex.P.38, and signature of C.W.1
as per Ex.P.38(a) and his signature at Ex.P.38(b).
69. He further states that, he further conducted
the identification parade of accused No.1 to 3 in the
presence of C.W.33 by following all the procedure and
48 S.C No.158/2010 C/w
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issued certificate as per Ex.P.39, and signature of C.W.33
as per Ex.P.39(a) and his signature at Ex.P.39(b).
70. The counsel for the accused in his cross
examination denied stating that all the procedure have
not followed while conducting the identification parade.
But this witnesses denied as false. Learned counsel for
states that signature of jailer is not obtained
identification certificate. Learned counsel further states
that this witness is not visited the central prison and
identification parade certificate were created for this case.
But this witness denied the said suggestion as false.
71. C.W.89 D. Kumar Dy.S.P., and C.W.97
G.B.Manjunath ASI are the Investigation Officers
examined as P.W.38 and 39. In the evidence of these
witnesses deposed regarding registration and
investigation of the case. They further states about
drawing of spot and seizure mahazar by them while
49 S.C No.158/2010 C/w
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seizure of gold ornaments from the custody of accused
and arresting of accused and also recording of voluntary
statement of accused. Accordingly these witnesses clearly
states about registration and investigation of the case.
72. C.W.10 Ranjan Thimmaiah who is the witness
to the seizure mahazar and C.W.12 Pabooth Mall who is
also witness to the seizure mahazar are examined as
P.W.40 and 41. These witnesses have turned hostile and
not supported the case of prosecution. In the cross
examination made on behalf of the prosecution nothing is
elicited about drawing of mahazar and seizure of gold
ornaments. Therefore the evidence of these witnesses are
not helpful to the case of prosecution.
73. C.W.22 C.Siddaraju is one of the Dy.S.P. and
he is also investigation officer of this case examined as
P.W.42. In his evidence he deposed that, on 15.07.2010
he took the charge of file of this case from police
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inspector of Mico Layout police station. After receiving
the credible information he took his custody of accused
No.1 Nirmal Rajkumar on 12.11.2010 near Kalasipalya
bus stand and took him to police station arrested him by
following all the procedure. He recorded the voluntary
statement of accused No.1. As per the voluntary
statement of accused No.1 he kept some gold ornaments
with his friend Rajani. Accordingly he produced before
court and again obtained him to police station for further
investigation. As per the voluntary statement given by
the accused No.1 he took him to Chandigadh. Wherein
they met with one Gimrives and Sujith and seized some
gold articles on 14.11.2010 from whisper Villas resort
and conducted the seizure mahazar in the presence of
witness as per Ex.P.65 and his signature at Ex.P.65(a).
74. Further in Chandigadh they met with one
Gurumith Singh as per the information given by the
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accused No.1. Thereafter some gold articles have been
seized by conducting the seizure mahazar in the presence
of witnesses as per Ex.P.66 and his signature at
Ex.P.66(a). On 19.11.2010 he returned to Bengaluru. On
20.11.2010 accused shown some gold ornaments in the
house of Gimrives. The said gold articles have been
seized by conducting seizure mahazar in the presence of
witnesses as per Ex.P.58 and his signature at Ex.P.58(a).
As per the information given by the accused No.1 they
have visited Taleda bankers at Halasuru, some gold
ornaments have been sold by the accused to the said
Taleda bankers. Wherein gold ornaments have been
seized in the presence of witnesses by conducting seizure
mahazar as per Ex.P.60 and his signature at Ex.P.60(b).
He also identified the voluntary statement of accused
No.1 before the court as per Ex.P.67 and signature of
accused as per Ex.P.67(a) and his signature at
Ex.P.67(b). He also identified another voluntary
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statement of accused No.1 as per Ex.P.68 and signature
of accused as per Ex.P.68(a) and his signature at
Ex.P.68(b). He further deposed that on 21.11.2010
accused No.1 Nirmal Kumar has been brought to
Lingarajpura, Kanakadas Layout in the house of Willims
@ Rajani. In the said house they have seized gold
ornaments by drawing seizure mahazar as per Ex.P.69 in
the presence of witnesses and his signature at Ex.P.69(a).
Again Williams @ Rajani took them to Surya Bankers at
Aravinda Nagar, Bengaluru wherein some gold
ornaments have been seized by conducting seizure
mahazar as per Ex.P.70 and his signature at Ex.P.70(a).
He also identified the receipt of Surya Bankers as per
Ex.P.71 and 72.
75. Again on 22.10.2010 as per the information
given by the accused No.1, he brought to the house of his
friend Sujith wherein some gold ornaments have been
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seized and conducted seizure mahazar as per Ex.P.73 in
the presence of witnesses and his signature at Ex.P.73(a).
and all the gold articles have been adopted to PF in
station. On the same day as per the information given by
the accused No.1, he took him to Santhosh Jewelers and
Gavagopalya wherein they seized 118 gram gold by
conducting the seizure mahazar in the presence of
witnesses as per Ex.P.74 and his signature at Ex.P.74(a)
and adopted to PF in the station. He recorded the
statement of C.W.6 to 18 and 20. C.W.20 gave statement
as per Ex.P.64. C.W.10 gave statement as per Ex.P.69. As
per the permission of the court these gold articles have
been transferred to the case of Cr.No.176/2019 of
J.P.Nagar police station. After completion of the
investigation filed the charge sheet against the accused.
76. The learned counsel for the accused have
cross examined this witness at length by denying his
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investigation. But this witness denied the same as false.
Learned counsel suggested that, accused are innocent
and false case has been registered against them, only
with intention to claim insurance. This witness also
denied the same as false. Learned counsel further
suggested that, he has not visited Chandigadh and not
seized any gold articles from there and all the seizure
mahazar have been created in the station itself, only with
intention to file charge sheet against the accused. The
same also denied by this witness. Learned counsel
further suggested that all the documents have been
created by the police officials only with intention to file
false case against the accused. Learned counsel further
suggested that photo and video have not obtained at the
time of conducting seizure mahazar. Learned counsel
further suggested that they have not collected property
extract, where they have conducted seizure mahazar.
This witness states that said documents are not
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necessary to this case. Though the counsel for the
accused have cross examined this witness at length
nothing is elicited to disbelieve the evidence of this
witness. This witness being the Investigation Officer he
clearly states about seizure of gold ornaments as per the
information given by the accused No.1 and drawing of
seizure mahazar in the presence of witness.
77. Herein this case, police have registered the
case against the accused No.1 to 10 for the offences
punishable under Sec.364(A), 395, 397, 120B R/w
Sec.149 of IPC. During the pendency of the case accused
No.9 reported as dead. Accordingly case against accused
No.9 is abated. As per the case of prosecution on
02.06.2009 in the evening at 5.30 p.m, the complainant
after locking the strong room and also the main door, he
returning to his house on Honda Activa Scooter bearing
No.KA03EK3890 by keeping the office key in the dikky
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of the said scooter. When he was passing in front of
Corporation Bank, 12th Main road, Indira Nagar, accused
No.6 and 9 have followed him in a motor bike bearing
No.KA02ED15 and hit to the back side of vehicle of
C.W.1. Due to the impact the C.W.1 fell down. At that
time accused No.3, 7 and 8 came in a white color
Maruthi Omini vehicle bearing No.KA03M8138, acted
as if they provide him treatment forcibly kidnapped the
C.W.1 and while going towards Malur road Via Airport
road accused No.7 poured the sprite to the face of C.W.1
and in the Omini vehicle itself accused No.3 and 7 have
assaulted the C.W.1 and threatening him forcibly took
cash of Rs.20,000/ and mobile from C.W.1. Thereafter
they have pulled him out of the van at Malur road.
Thereafter all the accused came near the spot, where the
scooter of C.W.1 was laying, there the accused took the
keys of the Muthoot Mini Nidhi Finance and also strong
room keys from the dikky of the said scooter belongs to
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C.W.1. Thereafter they went to Muthoot Mini Nidhi
Finance Thippasandra Branch and by breaking open the
strong room committed the dacoity of gold ornaments
weighing 40 kgs to the tune of Rs.5,68,40,000/ and
escaped from there. Thereafter all the accused got shared
the gold ornaments among them. Accordingly accused
have committed the above said offences.
78. As per the voluntary statement of accused
No.1, he being the team leader, he assembled other
accused and prepared plan for committing the dacoity of
Muthoot Mini Nidhi Finance. On perusal of the evidence
of prosecution witness the accused have committed the
dacoity of gold ornaments only with intention to lead
luxury life without any risk. The accused being the young
people, they have not ready to do any hard work, to lead
their life. Accordingly they have committed the dacoity as
per the pre plan among them. It is true some witnesses
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have turned hostile and not supported the case of
prosecution. But other witnesses have clearly states
about the illegal act of the accused. Further the
witnesses of seizure mahazar have clearly deposed about
seizing of gold ornaments from the accused and drawing
of seizure mahazar in the presence of witnesses.
79. It is important to note that, the police have
arrested the accused by taking risk. As per the
information given by the accused in their voluntary
statement gold ornaments have been seized by
conducting the seizure mahazar in the presence of
witness. The mahazar witnesses have clearly states about
drawing of mahazar at the time of seizure of gold
ornaments from the custody of accused. Therefore there
is no reason to disbelieve the evidence of prosecution
witnesses.
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S.C.No.547/2011
80. Learned counsel for the accused vehemently
argued that, there is an inordinate delay in filling the
complaint. The alleged offence have took place on
02.06.2009 between 5.30 p.m to 7.30 p.m in the evening.
But the complaint filed on 04.06.2009 at about 8.00 p.m
in the night. There is one day delay in lodging the
complaint. There was no clear explanation for delay in
lodging the complaint. Learned counsel further argued
that, the investigation officer visited the spot and
commenced the investigation, before filling of the
complaint. The seizure mahazar have not proved
properly, some seizure mahazar witnesses have turned
hostile and not supported the case of prosecution.
Further the prosecution has fails to prove and establish
the recovery of golden articles from the custody of
accused persons. No videograph or photographs relating
to recovery of golden articles from the custody of
accused. None of the seized articles are before the court.
60 S.C No.158/2010 C/w
S.C.No.547/2011
The prosecution have produced only photographs of the
seized articles. In the said photos no description of clear
identity of jewells, no name of the customer, no PF
number. Under such circumstances. The seizure
mahazar have not proved by the prosecution by
producing material evidence.
81. Learned counsel for the accused relied upon
following ruling reported in:
1. (1994) 5 SCC 188 Meharaj Singh V/s State of UP,
2.(2002) 1 SCC 487 Thanedar Singh V/s State of MP,
3. ILR 2013 Karnataka Page 992 H.C.Karigowda V/s
State of Karnataka
4. AIR 2000 SCC 423
5. AIR 1971 SCC 802
6. (2003) 5 SCC 499
61 S.C No.158/2010 C/w
S.C.No.547/2011
82. Delay in lodging the complaint and delay in
sending the FIR to the jurisdictional magistrate - change
of roping innocent persons as accused. But the dictum
following in the above citation by the Hon'ble Supeme
Court of India is not applicable to the facts and
circumstances of the case in hand. Because the
complainant being injured admitted to the hospital for
medical treatment and he unable to lodge complaint,
because of assault of the accused to the complainant.
83. Further after commission of offence the
accused have partitioned the golden articles and they are
wondering here and there. Further some of the accused
have sold from golden articles to different persons. After
securing the accused the Investigation Officer have seized
the golden articles from different persons and conducted
different seizure mahazar in the presence of witnesses in
the different places. Therefore after seizure of golden
62 S.C No.158/2010 C/w
S.C.No.547/2011
articles and after recording the statement of witnesses,
seizure mahazar have conducted by following all the
procedure. Therefore, the dictum of the above rulings
held by the Hon'ble Apex Courts are not applicable to the
case in hand.
84. Learned counsel for the accused have cross
examined all the witnesses, nothing is elicited to
disbelieve their evidence. Further identification parade of
accused also conducted by Tahasildar in the presence of
witnesses in the central prison. Wherein the witnesses
clearly identified the accused and identification parade
certificate and also prepared by P.W.37. During the
identification parade so many changes were made in the
line of accused. But the witnesses have clearly identified
the accused. Accordingly the prosecution has proved the
case against the accused by producing considered and
cogent material evidence. Under such circumstances
63 S.C No.158/2010 C/w
S.C.No.547/2011
there is no doubt regarding the act of the accused. On
careful perusal of the evidence of prosecution witnesses,
the same are clearly reveals that, the accused have
committed the dacoity and robbery for wrongful gain and
their personal use. The accused being the young people
they have no fear about law and police. Therefore the
prosecution has proved the case by producing the oral
and documentary evidence. Accordingly point No.1 to 3
are answered in the Affirmative.
85. Point No.4: In view of the above discussion
and conclusion on points No.1 to 3, accused No.1 to 8
and 10 will have to be convicted for the offences
punishable under Sec.120B, 364(A), 395 and 397 R/w
Sec.149 of IPC. The prosecution have proved their case
by producing believable evidence. Accordingly I proceed
to pass the following:
ORDER
64 S.C No.158/2010 C/w S.C.No.547/2011 Acting under Section 235(2) of Cr.P.C., accused No.1 to 8 and 10 are found guilty of the offences punishable under Sec.120B, 364(A), 395 and 397 R/w Sec.149 of IPC of Indian Penal Code.
Bail bond and surety bond are stand cancelled.
Sentence will be passed after hearing the accused.
(T.Govindaiah) LVI Addl.City Civil & Sessions Judge, Bengaluru.
ORDERS ON SENTENCE Heard accused No.1 to 8 and 10 on the question of sentence.
The accused No.1 to 8 and 10 submitted that they have nothing to say except stating that they are innocent of the offences.
65 S.C No.158/2010 C/wS.C.No.547/2011 The accused No.1 to 8 an 10 with intend to commit robbery assaulted the C.W.1 and by opening the main door and strong room door committed robbery. The offence under Sec.364(A) of Indian Penal Code is punishable with imprisonment for period of 9 years may extend 10 years and shall also be liable to fine. Hence considering the facts and circumstances of the case imposing sentence of rigorous imprisonment for a period of 9 years and fine of Rs.10,000/ each would be just and proper.
The punishment for the offence under Sec.120B of Indian Penal Code if the offence committed the offence then imprisonment for a term which may extent to 2 years and shall also be liable to fine. Hence considering the facts and circumstances of the case imposing sentence of rigorous imprisonment for a period of 1 years and fine of Rs.5,000/ each would be just and proper.
66 S.C No.158/2010 C/wS.C.No.547/2011 Further the offence under Sec.395 of Indian Penal Code is punishable with imprisonment for up to 10 years.
Hence accused No.1 to 8 and 10 are sentenced to undergo imprisonment for a period of 9 years and fine of Rs.10,000/ each would be just and proper.
Further the offence under Sec.397 of Indian Penal Code is punishable with imprisonment for not less than 7 years. Hence accused No.1 to 8 and 10 are sentenced to undergo imprisonment for a period of 5 years.
Further out of the total fine amount of Rs.25,000/ each imposed on accused No.1, to 8 and 10, Rs.10,000/ shall be paid to the P.W.3 Issac Jan as compensation under Sec.357(1) Cr.P.C and remaining balance amount of Rs.2,15,000/ remitted to the state.
In view of all these I proceed to pass the following: ORDER 67 S.C No.158/2010 C/w S.C.No.547/2011 The accused No.1 to 8 and 10 are convicted for the offences punishable under Sec 120B, 364(A), 395 and 397 R/w Sec.149 of Indian Penal Code.
Accused No.1 to 8 and 10 are sentenced to undergo rigorous imprisonment for a period of 1 years and to pay fine of Rs.5,000/ each for the offence punishable under Sec.120B of Indian Penal Code.
Accused No.1 to 8 and 10 are sentenced to undergo rigorous imprisonment for a period of 9 years and to pay fine of Rs.10,000/ each for the offence punishable under Sec.364(A) of Indian Penal Code.
Accused No.1 to 8 and 10 are sentenced to undergo rigorous imprisonment for a period of 9 years and to pay fine of Rs.10,000/ each 68 S.C No.158/2010 C/w S.C.No.547/2011 for the offence punishable under Sec.395 of Indian Penal Code.
Accused No.1 to 8 and 10 are sentenced to undergo rigorous imprisonment for a period of 5 years for the offence punishable under Sec.397 of Indian Penal Code.
In default of payment of fine accused No.1 to 8 and 10 shall undergo rigorous imprisonment for a period of 1 years.
Out of the fine amount of Rs.25,000/ each a sum of Rs.10,000/ shall be paid to P.W.3 as compensation under Sec.357(1) Cr.P.C.
The period of detention under gone by accused No.1 to 8 and 10 during trial is given set off under Sec.428 of Cr.P.C.
69 S.C No.158/2010 C/wS.C.No.547/2011 The sentence against the accused No.1 to 8 and 10 are running concurrently.
M.Os. 1, 2, 8 to 19, 26, 31 to 34, 41 and 42 shall be confiscated to the state and M.Os.3 to 5, 20 to 25, 27 to 30, 35 to 40 are being worthless shall be destroyed after appeal period.
Supply free copy of the judgment to accused No.1 to 8 and 10.
Original Judgment shall be kept in S.C.No.158/2010 and copy shall be kept in S.C.No.547/2011.
(Dictated to the Stenographer directly on computer, corrected, and then pronounced by me in the Open Court on this the 09 th Day of January, 2023) (T.Govindaiah) LVI Addl.City Civil & Sessions Judge, Bengaluru.
: ANNEXURE :
1. List of witnesses examined by prosecution. 70 S.C No.158/2010 C/w
S.C.No.547/2011 P.W.1 C.W.2 Sajeev P.W.2 C.W.16 Raju Ram P.W.3 C.W.1 Isac John P.W.4 C.W.9 S.G.Kulakarni P.W.5 C.W.27 Nemmaram P.W.6 C.W.37 Srinivas Murthy P.W.7 C.W.47 Girithimmaiah P.W.8 C.W.77 T.Raju P.W.9 C.W.26 Jayaram P.W.10 C.W.24 Yeshwanthraj P.W.11 C.W.20 Mallesh H.M. P.W.12 C.W.21 Devaraj P.W.13 C.W.13 Noorulla P.W.14 C.W.18 Chinnaswamy P.W.15 C.W.23 Ravikumar M. P.W.16 C.W.33 N.Pradeep Kumar P.W.17 C.W.32 Raghu @ Rukhmangadha P.W.18 C.W.7 Srinivas R. P.W.19 C.W.14 Jayaram P.W.20 C.W.41 Deepak Kumar P.W.21 C.W.34 Jabeeulla P.W.22 C.W.35 Abdul Salam P.W.23 C.W.40 Vargees Muriyan P.W.24 C.W.64 K.S.Mahesh P.W.25 C.W.49 Madappa P.W.26 C.W.52 H.S.Vasudeva P.W.27 C.W.62 Munaiah P.W.28 C.W.70 Venkataramanappa P.W.29 C.W.75 Basavaraj Doddamani P.W.30 C.W.95 Basavaraj P.W.31 C.W.90 M.K.Thammaiah P.W.32 C.W.85 T.Rangappa P.W.33 C.W.81 B.Rajanna 71 S.C No.158/2010 C/w S.C.No.547/2011 P.W.34 C.W.87 Badrinath P.W.35 C.W.96 Shanthi P.W.36 C.W.88 Kishor Bharani P.W.37 C.W.92 Venkatesh B. P.W.38 C.W.89 D.Kumar P.W.39 C.W.97 G.B.Manjunath P.W.40 C.W.10 Ranjan P.W.41 C.W.12 Paboothmal P.W.42 C.W.22 Siddaraju
2. List of witnesses examined by defence.
Nil [
3. List of documents marked by prosecution.
Ex.P.1 Spot Mahazar Ex.P.1(a) Signature of P.W.1 Ex.P.1(b) Signature of P.W.3 Ex.P.2 Seizure Mahazar Ex.P.2(a) Signature of P.W.1 Ex.P.2(b) Signature of P.W.3 Ex.P.2(c) Signature of P.W.38 Ex.P.3 Seizure Mahazar dated 10.06.2009 Ex.P.3(a) Signature of P.W.2 Ex.P.3(b) Signature of P.W.9 Ex.P.4 Relevant portion in the statement of P.W.2 Ex.P.5 Complaint Ex.P.5(a) Signature of P.W.3 ex.P.5(b) Signature of P.W.38 Ex.P.6 Seizure mahazar dated 10.06.2009 Ex.P.6(a) Signature of P.W.4 Ex.P.6(b) Signature of P.W.39 Ex.P.7 Mahazar dted 21.07.2009 Ex.P.7(a) Signature of P.W.4 72 S.C No.158/2010 C/w S.C.No.547/2011 Ex.P.8 Mahazar dated 07.06.2009 Ex.P.8(a) Signature of P.W.5 Ex.P.8(b) Signature of P.W.9 Ex.P.9 Statement of P.W.5 Ex.P.10 Seizure mahazar Ex.P.10(a) Signature of P.W.7 Ex.P.10(b) Signature of P.W.38 Ex.P.11 to 13 Photos Ex.P.14 Question and answers during identification parade Ex.P.14(a) Signature of P.W.7 Ex.P.14(b) Signature of Tahasildar Ex.P.15 Seizure mahazar dated 10.06.2009 Ex.P.15(a) Signature of P.W.8 Ex.P.16 Mahazar dated 10.06.2009 Ex.P.16(a) Signature of P.W.10 Ex.P.16(b) Signature of P.W.15 Ex.P.16(c) Signature of P.W.36 Ex.P.17 Mahazar dated 10.06.2009 Ex.P.17(a) Signature of P.W.11 Ex.P.17(b) Signature of P.W.12 Ex.P.17(c) Signature of P.W.11 Ex.P.17(d) Signature of P.W.37 Ex.P. 18 Mahazar dated 10.06.2009 Ex.P.18(a) Signature of P.W.13 Ex.P.18(b) Signature Ex.P.19 Statement of P.W.13 Ex.P.20 Seizure Mahazar dated 10.06.2009 Ex.P.20(a) Signature of P.W.14 Ex.P.21 Statement of P.W.14 Ex.P.22 Statement of P.W.15 Ex.P.23 Question and answers during identification parade Ex.P.23(a) Signature of P.W.17 73 S.C No.158/2010 C/w S.C.No.547/2011 Ex.P.23(b) Signature of Tahasildar Ex.P.24 Seizure mahazar dated 06.06.2009 Ex.P.24(a) Signature of P.W.18 Ex.P.24(b) Signature of P.W.21 Ex.P.25 Statement of P.W.19 Ex.P.26 Statement of P.W.20 Ex.P.27 Statement of P.W.22 Ex.P.28 & 29 Photos Ex.P.30 Statement of P.W.33 Ex.P.31 Statement of A5 Ex.P.31(a) Signature of P.W.35 Ex.P.31(b) Signature of A5 Ex.P.32 Statement of P.W.35 Ex.P.33 Question and answers during identification parade Ex.P.33(a) Signature of P.W.7 Ex.P.33(b) Signature of tahasildar Ex.P.34 Question and answers during identification parade Ex.P.34(a) Signature of P.W.21 Ex.P.34(b) Signature of Tahasildar Ex.P.35 Question and answers during identification parade Ex.P.35(a) Signature of C.W.44 Ex.P.35(b) Signature of tahasildar Ex.P.36 Question and answers during identification parade Ex.P.36(a) Signature of P.W.43 Ex.P.36(b) Signature of tahasildar Ex.P.37 Question and answers during identification parade Ex.P.37(a) Signature of P.W.41 Ex.P.37(b) Signature of tahasildar Ex.P.38 Question and answers during identification 74 S.C No.158/2010 C/w S.C.No.547/2011 parade
Ex.P.38(a) Signature of C.W.1 Ex.P.38(b) Signature of tahasildar Ex.P.39 Question and answers during identification parade Ex.P.39(a) Signature of C.W.33 Ex.P.39(b) Signature of tahasildar Ex.P.40 FIR Ex.P.40(a) Signature of P.W.38 Ex.P.41 Panchaname dated 04.05.2009 in front of Corporation bank Ex.P.41(a) Signature of P.W.38 Ex.P.42 Statement of A7 Ex.P.42(a) Signature of A7 Ex.P.42(b) Signature of P.W.38 Ex.P.43 Seizure Panchaname in front of Muthoot finance Ex.P.43(a) Signature of P.W.38 Ex.P.44 Memo Ex.P.45 Letter Ex.P.46 Seizure mahazar dated 10.06.2009 in front of police station Ex.P.46(a) Signature of P.W.39 Ex.P.47 Wound certificate Ex.P.47(a) Signature of P.W.39 Ex.P.48 Certified copy of notice Ex.P.49 Certified copy of letter dated 16.08.1999 Ex.P.50 Certified copy of key register Ex.P.51 List of packet found missing from the stock Ex.P.52 Certified copy of entry form Ex.P.53 Certified copy of letter Ex.P.54 Memorandum of order Ex.P.55 Certified copy of sale deed dated 29.03.2004 75 S.C No.158/2010 C/w S.C.No.547/2011 Ex.P.56 20 photographs Ex.P.57 Negative Ex.P.58 Seizure Mahazar dated 20.11.2010 in front of Mallapura of Chandigad Ex.P.58(a) Signature of Siddaraju Ex.P.59 Statement of P.W.40 Ex.P.60 Seizure mahazar dated 20.11.2010 in front of Talaida Bankers, Halasuru Ex.P.60(a) Signature of Siddaraju Ex.P.61 to 63 Taleda bankers receipt Ex.P.64 Statement of P.W.41 Ex.P.64(a) Signature of P.W.42 Ex.P.65 Mahazar dated 14.11.2010 in front of Panjab State Berikpura police station Ex.P.65(a) Signature of P.W.42 Ex.P.66 Seizure mahazar dated 14.11.2010 in front of Panjab State Berikpura police station Ex.P.66(a) Signature of P.W.42 Ex.P.67 Relevnt portion in statement of A1 Ex.P.67(a) Signature of A1 Ex.P.67(b) Signature of P.W.42 Ex.P.68 Relavant portion in further statement of A1 Ex.P.68(a) Signature of A1 Ex.P.68(b) Signature of P.W.42 Ex.P.69 Seizure mahazar dated 21.11.2010 in front of Kanakadas layout 4th cross, H.No.234 Ex.P.69(a) Signature of P.W.42 Ex.P.70 Seizure mahazar dated 21.11.2010 at Aravind Nagar, Vinayak temple road, Shamala complex, in front of Surya bankers and jewellers.
Ex.P.70 (a) Signature of P.W.42 Ex.P.71 & 72 Surya bankers receipts Ex.P.73 Seizure mahazar dated 22.11.2010 76 S.C No.158/2010 C/w S.C.No.547/2011 Bengaluru town Udaya Nagar, MEG layout, Indira Gandhi nagar, in front of H.No.25/27 Ex.P.73 (a) Signature of P.W.42 Ex.P.74 Seizure mahazar dated 22.11.2010 Bengaluru town Halasur, Jogupalya, infront of Santhosh tailor shop Ex.P.74(a) Signature of P.W.42
4. List of documents by defence.
Ex.D.1 DNA City news paper dated 09.06.2009
5. List of material objects marked by prosecution.
M.O.1 Godarej Lock/
M.O.2 Godarej Lock/
M.O.3 Black Rexim bag
M.O.4 Bottle with chemical
M.O.5 Chilly power 3 packets
M.O.8 Cutting plier/
M.O.9 Screw driver/
M.O.10 Screw driver/
M.O.11 Handsaw blade/
M.O.12 &13 Axail blade/
M.O.14 Fine cutter/
M.O.15 to 18 Axial blade/
M.O.19 Grew cutter/
M.O.20 to 23 Monkey cap
M.O.24 Shirt
M.O.25 Spectacles with cover
M.O.26 Cigarette light /
77 S.C No.158/2010 C/w
S.C.No.547/2011
M.O.27 to 30 Hand gloves M.O.31 & 32 Iron rod/ M.O.33 Rinch/ M.O.34 Cutter/ M.O.35 to 38 Red hand gloves M.O.39 Black colour bag M.O.40 Rexin bag M.O.41 Ring / M.O.42 Ring / LVI Addl.City Civil & Sessions Judge, Bengaluru.
78 S.C No.158/2010 C/wS.C.No.547/2011 Accused No.1 to 9 were tried in S.C.No.158/2010. After framing charge accused No.9 was split up. After securing accused No.10, separate charge sheet has been filed against accused No.10 and registered in S.C.No.547/2011 and charge has been framed against accused No.10 separately. Since the evidence adduced by the prosecution is in S.C.No.158/2010 it is appropriate to pronounce common judgment based on the same evidence and hence both cases are merged together.
Accused No.10 is present.
79 S.C No.158/2010 C/wS.C.No.547/2011 Judgment pronounced in open Court. (Vide separate Judgment) ORDER Acting under Section 235(2) of Cr.P.C., accused No.1 to 8 and 10 are found guilty of the offences punishable under Sec.120B, 364(A), 395 and 397 R/w Sec.149 of IPC of Indian Penal Code.
Bail bond and surety bond are stand cancelled.
Sentence will be passed after hearing the accused.
LVI Addl.City Civil & Sessions Jud' Order on sentence pronounced in the open court (vide separate judgment) Order The accused No.1 to 8 and 10 are convicted for the offences punishable under Sec 120B, 364(A), 395 and 397 R/w Sec.149 of Indian Penal Code. Accused No.1 to 8 and 10 are sentenced to undergo rigorous imprisonment for a period of 1 80 S.C No.158/2010 C/w S.C.No.547/2011 years and to pay fine of Rs.5,000/ each for the offence punishable under Sec.120B of Indian Penal Code.
Accused No.1 to 8 and 10are sentenced to undergo rigorous imprisonment for a period of 9 years and to pay fine of Rs.10,000/ each for the offence punishable under Sec.364(A) of Indian Penal Code. Accused No.1 to 8 and 10 are sentenced to undergo rigorous imprisonment for a period of 9 years and to pay fine of Rs.10,000/ each for the offence punishable under Sec.395 of Indian Penal Code.
Accused No.1 to 8 and 10are sentenced to undergo rigorous imprisonment for a period of 5 years for the offence punishable under Sec.397 of Indian Penal Code.
In default of payment of fine accused No.1 to 8 and 10 shall undergo rigorous imprisonment for a period of 1 years.
81 S.C No.158/2010 C/wS.C.No.547/2011 Out of the fine amount of Rs.25,000/ each a sum of Rs.10,000/ shall be paid to P.W.3 as compensation under Sec.357(1) Cr.P.C.
The period of detention under gone by accused No.1 to 8 and 10 during trial is given set off under Sec.428 of Cr.P.C.
The sentence against the accused No.1 to 8 and 10 are running concurrently.
M.Os. 1, 2, 8 to 19, 26, 31 to 34, 41 and 42 shall be confiscated to the state and M.Os.3 to 5, 20 to 25, 27 to 30, 35 to 40 are being worthless shall be destroyed after appeal period.
82 S.C No.158/2010 C/wS.C.No.547/2011 Supply free copy of the judgment to accused No.1 to 8 and 10.
Original Judgment shall be kept in S.C.No.158/2010 and copy shall be kept in S.C.No.547/2011.
LVI Addl. City Civil & Sessions Judge, Bengaluru 83 S.C No.158/2010 C/w S.C.No.547/2011 1 S.C No.158/2010 C/w S.C.No.547/2011 547/2011 KABC010230222011