Bangalore District Court
State By The Police SubInspector vs ) Azar S/O. Kysar on 7 March, 2022
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S.C. 521/2012
COURT OF LVII ADDL.CITY CIVIL AND SESSIONS
JUDGE, MAYOHALL UNIT, BENGALURU.
(CCH58)
Present:
Smt. K.G.Shanthi, B.Com, LL.M.,
LVII Addl.City Civil & Sessions Judge,
Mayo Hall Unit, Bengaluru.
: S.C.No.521/2012 :
Dated this the 7th day of March, 2022.
Complainant: State by the Police SubInspector,
K.R.Puram Police Station,
Bangalore.
(By Public Prosecutor)
V/s
Accused: 1) Azar S/o. Kysar,
Aged about 21 years,
R/at Near Jamia Masjid,
Kothuru Vijinapura,
Bangalore.
2) Fayaz S/o. Bashir,
Aged about 19 years,
R/at Near Ayyappa Temple,
Vijinapura, Bangalore.
(Represented by Smt.Parvathi Y., Adv.
for A1, A2)
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S.C. 521/2012
3) Jaleel S/o. Basha,
Aged about 23 years,
R/at Near Masjid, Kothuru
Vijinapura, Bangalore.
(Represented by Sri.S.M.Rajendra Prasad,
Adv. for A3)
TABULATION OF THE EVENTS
1. Date of Commission of offence: 17.06.2011
2. Date of report of offence : 17.06.2011
3, Name of the complainant : Sri. Mallikarjuna M.,
PSI.,
4. Nature of offence complained : U/Sec.399, 402 IPC.
5. Date of commencement of
recording evidence : 18.01.2022
6. Date of closing of recording of
evidence : 14.02.2022
7. Date of judgment: : 07.03.2022
8. Opinion of the Judge : Accused 1 to 3 are
acquitted
9. Duration of the case : Year/s Moth/s Day/s
10 08 18
*********
JUDGMENT
The K.R.Puram Police filed the charge sheet against the accused for the offence punishable u/Ss. 399, 402 of IPC.
2. There is an allegation against the accused that on 17.06.2011 at about 800 am the accused No.1 to 3 along with another accused assembled and armed with 3 S.C. 521/2012 deadly weapons at Vengayyana Lake, Muniyappa Garden, T.C. Palya with an intention to commit decoity on the persons who are passing on the road and there by committed offence punishable u/s 399, 402 IPC.
3. In this regard, Sri.Mallikarjuna, PSI lodged a complaint 17.08.2011 at 10.10 A.M.. On receipt of complaint registered the FIR against these accused for the offence punishable U/Sec.399, 402 IPC and proceeded with the investigation.
4. On filing of the charge sheet the learned Magistrate has committed the case to the Prl. City Civil and Sessions Judge, Bangalore and in turn the Prl. City Civil and Sessions Judge, Bangalore made over this case to this court for trial. Accused No.1 to 3 are released on bail.
5. During the course of investigation the I.O has visited the spot and drawn the Spot Mahazar. Further Statement of complainant and other witnesses recorded. Then on completion of investigation filed a charge sheet 4 S.C. 521/2012 against the accused for the offence punishable U/Sec. 399, 402 of IPC. As per charge sheet CW1 is the complainant, who taken lead and arrested the accused. CW2 and CW3 are the independent panch witnesses and CW4 to CW8 are the police officials, who assisted the raid.
6. Heard before charge. Since there are primafacie material to frame charge against accused, charges framed, read over and explained to the accused. Accused pleaded not guilty and claims to be tried.
7. In order to establish the case of the prosecution, prosecution examined PW1 to PW4 and got marked the documents Ex.P.1 to Ex.P.3 and material objects M.O.1 to M.O.3 marked.
8. After completing the evidence of the prosecution, Statement of accused u/Sec. 313 of Cr.P.C recorded. All the incriminating evidence have been read over and explained to the accused and he denied all the incriminating evidence.
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S.C. 521/2012
9. Heard arguments.
10. The Points arose for my consideration :
1. Whether the prosecution proves beyond all reasonable doubts that on 17.06.2011 at about 8 am the accused No.1 to 3 committed offence punishable u/s 399, 402 IPC?
2. What order?
11. My findings on the above points are as under: Point No.1 : In the Negative, Point No.2 : As per the final order for the following:
REASONS
12. Point No.1: According to the prosecution on 17.06.2011 at about 800 am the accused No.1 to 3 along with another accused assembled and armed with deadly weapons at Vengayyana Lake, Muniyappa Garden, T.C. Palya with an intention to commit dacoity.
13. PW1 is a police officer deposed that on 17.06.2011 at 1010 am ASI Mallikarjun produced the accused No.1 to 3 along with report, Mahazar and material 6 S.C. 521/2012 objects machu, knife and chilly powder packet. He received the report and registered the case in Crime No. 216/2011 for the offence punishable U/sec.399, 402 IPC. He further deposed that he recorded the voluntary statement of the accused and accused are subjected for medical examination then produced before the court along with remand application. He deposed that on receiving the material objects from CW1, he has subjected the M.O.s in PF No. 57/2011. Then recorded the statement of the staff CW5 to 8. The report submitted by PW1 is marked as Ex.P1 and signature of the witness is marked as Ex. P1(a), FIR is marked as Ex.P2 and mahazar is marked as Ex.P3. The sealed cover opened in the open court and the witness identified the material objects and marked as M.O.1 to 3. This witness identified the accused No.1 to 3, who are appeared through VC.
14. PW2 deposed that he has filed a charge sheet on 02082011 against the accused. PW4 deposed that on 17.07.2011 at 800 am he received a credible information. 7
S.C. 521/2012 PW3 and PW4 deposed that at about 830 am they along with other staffs and Panchas went to Muniyappa Garden, T.C. Palya. On observation they have confirmed that some persons were assembled with an intention to commit decoity. So, they raided on them and caught 3 persons and 2 of them escaped. They made an inquiry and come to know that the name of one person is Azar S/o Kaisar who was in possession of Machu and another one Fayaz who was holding knife and Jaleel who was holding Chilly Power packets. They disclosed that the name of 2 persons who were escaped are Mohammed Tansil and Munna Hasan. They deposed that at about 10 pm mahazar was drawn and seized MO 1 to 3 from the possession of the accused. They identified the material objects seized from the possession of the accused and also they identified the accused who were appeared before the court through VC.
15. The charge has been framed against the accused No.1 to 3 for the offence punishable u/s 399, 402 IPC. 8
S.C. 521/2012 Sec. 399 IPC reads as under :
399. Making preparation to commit dacoity.-- Whoever makes, any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Sec. 402 IPC reads as under:
402. Assembling for purpose of committing dacoity.--Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
16. It is a burden on the prosecution to prove that the accused No.1 to 3 along with 2 others assembled at near Venkayyana kere (lake). Further its a burden on the prosecution to establish that they are armed with deadly weapons with an intention to commit decoity. According to the prosecution credible information received on 1706 2011 at 8 am. Then they rushed to the spot and after raid the M.O.1 to M.O.3 seized from the possession of the accused and mahazar drawn as per Ex.P3 in between 900 am to 945 pm then returned to the police station and FIR 9 S.C. 521/2012 has been registered based on the report submitted by CW1. But, the witnesses no where deposed that what is the distance between the police station and place of occurrence. Further, according to the prosecution panchas were called immediately after receiving the credible information and along with the panchas and staff they went to the place of occurrence. In the charge sheet panchas are cited as CW3 and 4. But, the prosecution failed to secure them and examine before the court.
17. The place of occurrence is a public place and alleged incident was in the morning hours. So, it cannot be believed that the persons who are having an intention to commit decoity will assemble with deadly weapons in the day light. Further there is no evidence to show that how long the police officials kept an eye on the accused and whether they have heard their talks and in what distance they were standing from them. The available material evidence before this court are not at all sufficient to come to the conclusion that the prosecution proved beyond all 10 S.C. 521/2012 reasonable doubt that the accused No.1 to 3 along with another accused assembled and armed with deadly weapons at Vengayyana Lake, Muniyappa Garden, T.C. Palya with an intention to commit decoity on the persons who are passing on the road and there by committed an offence punishable u/s 399 and 402 IPC. Hence, point No.1 is answered in Negative.
18. Point No.2: In view of the finding I proceed to pass the following: ORDER Acting u/s 235(1) Cr.P.C. the accused No.1 to 3 are acquitted for the offence punishable u/s 399, 402 IPC.
Accused No.1 to 3 are set at liberty. M.O.1 to 3 are worthless, hence order to destroy after appeal period is over.
Jail authority is hereby directed to release the accused No.1 to 3 if they are not required in any other case.
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S.C. 521/2012 (Dictated to the Judgmentwriter, transcribed and computerized by him and after carrying out corrections by me, print out taken by him and then pronounced by me in open Court on this the 7th day of March, 2022.) (Smt.K.G. Shanthi) LVII Addl.City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru.
ANNEXURE List of witnesses examined for the Prosecution: PW.1 : Thippeswamy PW.2 : V.K.Vasudev PW.3 : Muniraju.M. PW.4 : Mallikarjuna M. List of documents marked for the Prosecution:
Ex.P1 : Complaint Ex.P.1(a) : Signature of CW11 Ex.P.1(b) : Signature of PW4 Ex.P.2 : FIR Ex.P.2(a) : Signature Ex.P.3 : Mahazar Ex.P.3(a) : Signature of PW3 Ex.P.3(b) : Signature of PW4 List of Mos. marked for prosecution : M.O.1 : Machu M.O.2 : Knife M.O.3 : Chilli powder pocket LVII Addl.City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru.
12 S.C. 521/2012 Judgment pronounced in open court (vide separate Judgment) ORDER Acting u/s 235(1) Cr.P.C. the accused No.1 to 3 are acquitted for the offence punishable u/s 399, 402 IPC.
Accused No.1 to 3 are set at liberty.
13 S.C. 521/2012 M.O.1 to 3 are worthless, hence order to destroy after appeal period is over. Jail authority is hereby directed to release the accused No.1 to 3 if they are not required in any other case.
LVII Addl.City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru.
14 S.C. 521/2012