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4. Name Of The 1. Manjunatha @ vs Kommaghatta Manja on 10 January, 2017

IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.

       Dated this the   10th   day of January 2017.

        Present : Sri.Mohamed Ashraf Aris, B.A., LL.B.
              VIII ADDL. C.M.M., BENGALURU.

                 C.C. NO. 475/2007

         JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
      1. Sl. No. of the Case    475/2007
      2. The date of           09.08.2005
         commission of the
         offence
      3. Name of the           State Kalasipalya P.S.
         complainant

      4. Name of the           1. Manjunatha @
         accused                  Kommaghatta Manja, S/o.
                                  Dasappa, 21 years, R/at :
                                  Kommaghatta, Sulikere
                                  Post, Kengeri Hobli,
                                  Bengaluru City.

                               2. Ananda @ Dadiya Anad -
                                  split-up.

      5. The offence         U/sec.457,  of IPC.
         complained of or
         proved
      6. Plea of the accused Pleaded not guilty
         and             his
         examination
                                2                 C.C. NO. 475/2007




         7. Final Order             Acting U/sec. 248(1) Cr.PC
                                    Accused-1 is acquitted.

         8. Date of such order      10/01/2017
            For the following:-

                            JUDGMENT

This is the charge sheet filed by the PSI, Kalasipalya P.S. against the accused -1 and 2 for the offence punishable U/sec.457, 380 of IPC.

2. The brief facts of the prosecution case is that:

On 9/8/2005 during night hours accused-1 along with split-up accused-2 committed lurking house tress- pass by breaking open the lock of the House bearing No.C/2, situated at Gramadevari Beedi, Chikka Mavalli, Bengaluru, within the jurisdiction of Kalasipalya P.S. , and committed theft of silver articles, golden ornaments worth of Rs. 24,000/- and cash of Rs. 300/-, which were kept in steel almera and thereby committed the alleged offence. 3 C.C. NO. 475/2007

3. Accused-1 is in judicial custody. Case against the accused-2 is split-up. Copies of the charge sheet papers were furnished to the accused-1. The accused-1 pleaded not guilty to the charge read over to them. Prosecution examined one witness asPW:1 and got marked Ex.P.1 to 3. Since there is no incriminating evidence statement has been dispensed with.

4. Heard arguments from both the sides .

5. The points that arise for determination are as follows:

1) Whether the prosecution proves beyond all reasonable doubt that on 9/8/2005 during night hours accused-1 along with split-up accused-2 committed lurking house tress-pass by breaking open the lock of the House bearing No.C/2, situated at Gramadevari Beedi, Chikka Mavalli, Bengaluru, within the 4 C.C. NO. 475/2007 jurisdiction of Kalasipalya P.S. , and committed theft of silver articles, golden ornaments worth of Rs. 24,000/- and cash of Rs.300/-, which were kept in steel almera and thereby committed the offence punishable U/sec.457, 380 of IPC.?

2) What order?

6. The Answer to the above points are as follows:

Point No.1 In the negative Point No.2 As per final order for the following:

REASONS

7. Point No.1:-

The only witness examined in this case is CW.1 as PW.1. She has stated in her evidence that on 09/08/2007 she had locked her house at about 8 or 9 p.m. had gone to her old house and when she returned back in the morning she found that the door of her house was opened and the 5 C.C. NO. 475/2007 almarah was break open and that about 5 kgs. of silver and gold ornaments and cash of Rs. 50,000/- were missing. She has stated about lodging the complaint as per Ex.P1 and police coming to the spot and drawing the mahazar as per Ex.P2. Further, she has stated that after about one year the police called her and showed the missing gold and silver items, which she got released from the court. The photograph of the gold ornaments is marked as Ex.P3. She has stated that the police showed the thieves in the police station.

8.The other witnesses i.e., CW.2 to 10 did not turn up in spite of taking coercive steps hence they were dropped. Evidence of PW.1 is not sufficient to prove the guilt of accused beyond all reasonable doubt. Hence, the benefit of doubt is given to the accused and Point No.1 is answered in the negative.

9. Point No.2:- In the result, the following order is passed:

ORDER Acting under Section-248(1) of Cr.P.C., the accused- 1 is hereby acquitted of the offence U/sec.457, 380 of IPC.

Issue direction to jail authority to release accused-1 forthwith, if he is not required in any other case.

Office is hereby directed to keep this file along with split- up case, registered against accused-2.

(Dictated to the stenographer, transcript thereof, corrected and then pronounced by me in the open court this the 10th day of January 2017.) (Mohamed Ashraf Aris) VIII Addl.C.M.M. Bengaluru.

Annexure:

1.List of Witnesses examined on behalf of the prosecution:

P. Ws:

1. Jyothi.

2.List of Documents marked on behalf of the prosecution:- Ex.Ps:

1. Complaint

2. Spot Mahazar 7 C.C. NO. 475/2007

3. Photo.

3.List of Material objects marked on behalf of the prosecution:- -NIL -

4.List of witnesses and documents marked on behalf of the accused: -NIL -

VIII Addl. C. M. M. Bangalore.

9 C.C. NO. 475/2007 10 C.C. NO. 475/2007 11 C.C. NO. 475/2007