Bangalore District Court
S J Somashekar Kas vs Deshilinga on 16 April, 2024
KABC030130212017
Presented on : 20-02-2017
Registered on : 20-02-2017
Decided on : 16-04-2024
Duration : 7 years, 1 months, 24 days
IN THE COURT OF THE I ADDL.CMM BENGALURU
Dated this the 16th day of April 2024
Present: Shri Anand S Kariyammanavar, B.A.,
LL.B(Hon's).
I Addl. C.M.M BENGALURU.
JUDGMENT U/s. 355 Cr.P.C.,
Case No. : C.C.No.6022/2017
Date of Offence : 01.08.2014
Name of complainant : State by Vidhana Soudha
Bengaluru.
(By Learned Sr. APP)
Name of accused : Deshilinga,
S/o Marigowda,
R/at No.1st main cross,
Kalidas Layout,
Srinagar, Bengaluru-50.
(by Sri.B.S.R., Advo.)
2 C.C.No.6022/2017
Offences complained off: U/s. 465, 468, 471, 420,
511, 201 r/w 34 of IPC.
Plea of accused : Pleaded not guilty
Final Order : Accused is acquitted
Date of Order : 16.04.2024
JUDGMENT
Complainant police filed charge sheet against accused for the offences punishable under sections 465, 468, 471, 420, 511, 201 r/w 34 of IPC.
2. Brief facts of prosecution case are that :-
The accused who was initially worked at Sagar hospital got introduced himself to CW-2 and told that if he know anybody who underwent medical treatment if they provide their identity cards then he will arrange medical bills expenditure through CM Relief Fund. Accordingly, accused collected ID card and BPL card from CW-3 who under went surgery at Babu Nursing home, Mandya at his right hand and spent Rs.10,000/-. Accused after collecting election 3 C.C.No.6022/2017 ID card, BPL card from CW-3 he created certain medical bills in the letter head of Sagar hospital by mentioning that CW-3 is having heart decease and falsely created IP No.182650 and by using fake seal got created fake bills and also he made an application to Government to get CM relief fund and he got succeeded in sanctioning cm relief fund of Rs.1,00,000/- thereby he attempted to cheat the Government. Accordingly, after the investigation the IO filed charge sheet against accused.
3. Accused has appeared before the court and he was enlarged on bail. After filing of charge sheet, cognizance of above offences is taken and summons is issued. Accused has appeared in pursuant summons. Copies of charge sheet is furnished to accused u/s 207 of Cr.P.C and charge is framed. Accused has not pleaded guilt of alleged offences and he has claimed to be tried.
4 C.C.No.6022/2017
4. In order to prove the guilt of the PW-1 to 9 and got marked 12 documents as per Exs.P1 to Ex.P12. After completion of prosecution evidence, statement of accused under Section 313 of Cr.P.C. has been recorded. The accused has denied incriminating evidence against him and he has not led any defence evidence.
5. On the basis of charge sheet allegation, the following points arose for consideration:
1. Whether prosecution proves beyond reasonable doubts that accused after collecting ID card and BPL card from CW-3 created fake medical bill as if CW-3 had underwent heart surgery and by using the created bills applied for CM relief and got sanctioned Rs.1,00,000/- compensation from CM relief fund thereby cheated Government and committed ofences punishable u/s 465, 468, 471, 420, 511, 201 of IPC?
2. What order ?5 C.C.No.6022/2017
6. Heard arguments of learned Sr.APP and learned counsel for accused. Perused oral and documentary evidence adduced by the prosecution. The following are findings to above points.
Point No.1 : In the Negative Point No.2 : As per final order, for the following:
REASONS
7. Point No.1 : In support of the case of prosecution examined PW-1 to 9 and got marked Ex.P.1 to 12. The prosecution in order to prove its case examined CW-4 as PW-1 and he being employee of hospital deposed that as per the requisition made by the IO he furnished discharge summary of one K.Narayana Swamy who underwent treatment for the cardiac related deceases. Accordingly, the said covering letter marked as Ex.P.1. Discharge summary marked as Ex.P.2 and medical bills marked as Ex.P.3. 6 C.C.No.6022/2017
8. Further prosecution examined CW-2 as PW-2. She being one of the material witness deposed that she has taken treatment at Babu hospital, Pandavapura and her brother told that he will arrange for Bore-well on her land under Ganga Kalyana scheme with free of cost. Thereafter he obtained her voter ID card, Adhar card etc., Further she deposed that CID police have enquired her. However the said witness treated as partly turned hostile. Though learned Snr.APP cross examined at length nothing elicited from her mouth.
9. Further prosecution examined CW-6 as PW-3. He being the husband of CW-2 deposed in terms of PW-2. This witness also treated as hostile witness but nothing worth elicited from his mouth.
10. Further prosecution examined CW-3 as PW-4. He being one of the material witness deposed that as per the instruction of accused he has provided ID proofs to the accused and CW-2 not taken any treatment in 7 C.C.No.6022/2017 Sagar Apollo Hospital and she had not put any signature on Ex.P.6 and he had not provided any medical bills to the accused.
11. Further prosecution examined CW-8 as PW-5. He being one of the Lab Technician at Sagar clinic deposed that CID police conducted seizure mahazar in his presence as per Ex.P.7 then collected the documents in respect of employees who are working at Sagar clinic and accused was working as receptionist in the said clinic. However in his chief examination he denied that accused was also accompanied at the time of drawing mahazar. Further he deposed that police have not informed about creating fake bills.
12. Further prosecution examined CW-1 as PW-6. He being complainant deposed that while he was working as Deputy Secretary in CM Relief Fund he received an application in the name of CW-2 along with Voter ID card, BPL card. After perusing the same CM approved to give Rs.1,00,000/- as relief fund. 8 C.C.No.6022/2017 Later the medical bills were sent for scrutiny to the Sagar hospital. However he received report from Sagar hospital stating that CW-2 never taken any treatment at their hospital. Therefore he filed the complaint.
13. Further prosecution examined CW-15 as PW-7. He being one of the Investigating Officer deposed that after receiving the file from CW-14 he verified the same and filed the charge sheet against the accused.
18. Further prosecution examined CW-13 as PW-8. He deposed that on 16.02.2016 he handed over the file to one Lakshman Kumar.
19. Further prosecution examined one TR Prakash as PW-9 who registered FIR deposed that on 08.10.2015 he received the complaint from CW-1 and registered the FIR. The same is marked as Ex.P.12. Further he deposed that the document produced by the complainant were inserted in PF.
20. By relying on these oral and documentary evidence learned Snr.APP vehemently argued that the 9 C.C.No.6022/2017 accused has involved in creating fake medical bills and by using the said fake medical bill he had applied for CM Relief Fund and after approval of the same he attempted to take money from the CM relief fund by producing fake and forged documents in order to cheat the Government as well as public at large. Thereby sought to convict the accused.
21. On the contrary the accused had taken various defences and further specifically contended that the prosecution is failed to prove the alleged forgery and creating fake bills by the accused.
22. In order to substantiate the same the counsel for the accused relied upon the cross examination of PW-2 & 3 in which they specifically stated that "It is true to suggest that they have not seen the accused at any point of time except today. It is true to suggest that they have not given any medical documents or voter ID card to the accused".
10 C.C.No.6022/2017
23. Further counsel for the accused relied upon the cross examination of PW-4 to whom the prosecution claims that the said witness has given the document belonging to CW-2 but in the cross examination stated that "I do not have any document to show that I have given those documents to accused"
24. Further he relied upon the cross examination of PW-5 in which witness admitted that accused was working at Sagar clinic but not in sagar hospital. However disputed documents are pertaining to sagar hospital. Further the counsel for the accused in order to establish that the said disputed CM relief fund application was made by CW-2 he relied upon the cross examination of PW-6 in which h deposed that "It is true to suggest that Yashoda, W/o Kumar has submitted application. It is true to suggest that she herself had given her application to our office. It is true to suggest that none of the 11 C.C.No.6022/2017 documents submitted by Yashoda were having signature of accused".
25. On perusal of the materials available on record there is specific allegations against the accused that the accused had collected documents of CW-2 through CW-3 and thereby creating fake bills he applied for CM relief fund. On perusal of the entire prosecution evidence it clearly reveals that the prosecution has got examined the documents of Sagar hospital in order to know the genuinity of the said medical bills. Further CW-9/PW-6 himself admitted that Ex.P.6 i.e., application for CM Relief Fund has made by CW-2 and none of the documents bears the signature of accused. Further on perusal of the materials on record in order to prove the alleged offence of forgery the prosecution has to adduce the evidence by the competent person to show that the said bills are fake and no FSL report in this case has been obtained to show that the said medical bills as well as Ex.P.6 was written by accused. 12 C.C.No.6022/2017 In the absence of such material evidence it is difficult to believe the version of the prosecution and it is settled criminal jurisprudence that the prosecution has to prove the guilt of the accused beyond all reasonable doubt. However in this case prosecution utterly failed to prove the guilt of the accused beyond all reasonable doubt. Hence point No.1 is answered in the Negative.
26. Point No.2 : For the reasons stated and findings given on point No.1, following :
ORDER Acting under Section 248(1) of Cr.P.C. the accused is acquitted for the offences punishable under Sections 465, 468, 471, 420, 511, 201 r/w 34 of IPC.
The bail bond and surety bond executed by accused shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.13 C.C.No.6022/2017
(Dictated to the Stenographer, typed by her directly on computer, revised, corrected by me and then pronounced in open court on this the 16th day of April, 2024).Digitally signed by ANAND S
ANAND S KARIYAMMANAVAR
KARIYAMMANAVAR Date: 2024.04.23 17:53:08
+0530
(Anand S Kariyammanavar)
1 st Addl. CMM., Bengaluru.
ANNEXURE
List of witnesses examined for prosecution :-
P.W.1, Mallikarjuna P.W.2, Yashodharmma P.W.3, Kumar P.W.4, Manjunatha P.W.5, Mahadev P.W.6, Somashekhar P.W.7, S.Manjunath P.W.8, Purushotham P.W.9, T.R.Prakash
List of exhibits marked for prosecution :-
Ex.P1, Covering Letter
Ex.P.2, Discharge Summary
Ex.P.3, Bills
Ex.P.4, Certified copy 164 statement
Ex.P.5, Statement
Ex.P.6, Application
Ex.P.7, Seizer Mahazar
Ex.P.7(a), Signature of PW-5
Ex.P.8, Complaint
Ex.P.8(a), Signature of PW-6
Ex.P.9, Bills
Ex.P.10, Discharge Summary
Ex.P.11, Reply from Hospital
Ex.P.12, FIR
14 C.C.No.6022/2017
List of material objects marked for defence : Nil List of Witnesses examined for defence : Nil List of documents marked for defence : Nil. Digitally signed by ANAND
ANAND S S KARIYAMMANAVAR KARIYAMMANAVAR Date: 2024.04.23 17:53:15 +0530 1 st Addl.CMM., Bengaluru.15 C.C.No.6022/2017
(Judgment pronounced in Open Court vide separate judgment) ORDER Acting under Section 248(1) of Cr.P.C. the accused is acquitted for the offences punishable under Sections 465, 468, 471, 420, 511, 201 r/w 34 of IPC.
The bail bond and surety bond executed by accused shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
I ACMM, Bengaluru.