Bangalore District Court
State By vs Murugan @ Shiva Kumar S/O.Late on 18 January, 2022
IN THE COURT OF THE XI ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 18th day of January 2022
PRESENT: Sri.M.R.WADEYAR,
B.A., LL.B.,(Spl.)
XI Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.54380/2016
Complainant - State by, Police Inspector
Banaswadi Police Station
Represented by Ld.Sr.APP
/vs/
Accused 1. Murugan @ Shiva Kumar S/o.late
Nagaiah, 48 yrs. R/a.Sira thopu, Baby
Talkies Road, Tamil Nadu - Reported as
dead, hence case against A.1 is abated.
2. Dinakaran S/o.Vidyalingam, 28 yrs.
R/o.Tamil Nadu - absconded and no
chargesheet against him.
3. Suresh S/o.Paneer Selvam r/a.No.226-F,
Sira Thopu, Baby Talkies road, Tiravarur
Road, Tamil Nadu.
Represented by Sri.TMR, Advocate
87+01566455156
JUDGMENT
1. The P.I of Banaswadi police station has filed this chargesheet against the accused Nos.1 and 3 for the offences punishable u/S.454 and 380 of IPC.
2. The brief facts of the case is as under:
2 CC No.54380-16
That on 20/9/2014 at about 1.00 PM when CW.1 by locking his Dental Prem Clinic at No.716, I Floor, opposite to 3-D hospital, IOC Circle, Banaswadi Main Road, went to have food, at that time A.3 along with absconding A.2 and deceased A.1 committed lurking trespass into the said clinic of CW.1 by breaking the Clinic glass door and committed theft of Lenova, HP Laptop, DVD player, sony I-pad, wrist watches, handy camera etc. in all worth Rs.1,25,000/- belonging to CW.1 kept in his said Clinic which he noticed on his return at about 2.45 PM, on very day he rushed to Banaswadi police station and informed to the concerned SHO.
3. On the basis written information given by the CW.1, Cr.
No.527/2014 is registered by Banaswadi police for the offences punishable u/S.454, 380 of IPC, conducted panchanama, recorded the statement of witnesses, investigated into the matter, after completion of investigation filed this chargesheet against the accused Nos.1 and 3 for the alleged offences.
4. After receipt of the chargesheet, cognizance is taken for the alleged offences and registered this criminal case against accused Nos.1 and 3. A.1 is reported as dead during the pendency of the case, hence case against A.1 is abated. A.3 is secured under body warrant 3 CC No.54380-16 in this case and he is released on bail through Sri.TMR, Advocate, but very accused is involved in some other cases, so that inspite of issuance of release intimation he is not released from the JC, so that accused has faced trial from the JC. section 207 of Cr.P.C. is complied, after hearing charge is framed for the offences punishable u/S. 454, 380 of IPC against accused, he pleaded not guilty and claimed to be tried.
5. In order to prove its case, the learned Sr.APP has examined 2 witnesses as Pws.1 and 2 and got marked 3 documents at Exs.P1 to P3. Inspite of issuance of summons and warrants, rest of the witnesses are not secured and not examined before this court. The statement of accused u/S.313 of Cr.P.C. recorded, wherein he has denied the entire evidence of the prosecution and submitted that he has no defence evidence.
6. Heard the arguments submitted by Sr.APP appearing for the state and the counsel for accused and perused the records, then the following points arise for determination are:
1. Whether the prosecution proves beyond doubt that on 20/9/2014 at about 1.00 PM when CW.1 by locking his Dental Prem Clinic at No.716, I Floor, opposite to 3-D hospital, IOC Circle, Banaswadi Main Road, went to have food, at that time you A.3 along with absconding A.2 and deceased A.1 4 CC No.54380-16 committed lurking tresspass into the said clinic of CW.1 by breaking the Clinic glass door which he noticed on his return at about 2.45 PM thereby committed the offence punishable u/S.454 of IPC?
2. Whether the prosecution proves beyond doubt that on the above said place, date and time accused committed theft of Lenova, HP Laptop, DVD player, sony I-pad, wrist watches, handy camera etc. in all worth Rs.1,25,000/- belonging to CW.1 kept in his said Clinic, thereby committed the offence punishable u/S.380 of IPC?
3. What order?
7. My answer on the above points:
Point No.1 - In the Negative, Point No.2 - In the Negative, Point No.3 - As per final order, for the following;
REASONS
8. POINT NOS.1 AND 2: The evidence and facts of the above point Nos.1 and 2 are inter-related to each other, hence in order to avoid the repetition of facts and evidence, I am taking the above Point Nos.1 and 2 for my common discussion.
9. It is the case of the prosecution that, on 20/9/2014 at about 1.00 PM when CW.1 by locking his Dental Prem Clinic at No.716, I Floor, opposite to 3-D hospital, IOC Circle, Banaswadi Main Road, went to 5 CC No.54380-16 have food, at that time A.3 along with absconding A.2 and deceased A.1 committed lurking tresspass into the said clinic of CW.1 by breaking the Clinic glass door and committed theft of Lenova, HP Laptop, DVD player, sony I-pad, wrist watches, handy camera etc. in all worth Rs.1,25,000/- belonging to CW.1 kept in his said Clinic which he noticed on his return at about 2.45 PM and thereby committed the alleged offences.
10. In order to prove its case, prosecution has examined CW10 and 12 as PW1 and 2, wherein PW1 has deposed that, on 10.02.2016 along PC No.11507 brought the A3 from J.C and produced before the I.O. On going through the evidence, it goes to so that, he has supported version of the prosecution, there is no doubt that, he has produced accused before the court as well as IO, further PW2 is the IO for the first part he has specifically deposed about registration of this crime No. 527/2014 on 20.09.2014 submitting FIR before this court, conduct of the panchanama, complaint is marked as Ex.P1 and FIR is marked as ExP2, Panchanama marked as Ex.P3, as per his version he has hand over the case file for further investigation in favour of the PSI. but it is noticed the there is no evidence of the complainant, eye witnesses, Mahazar witnesses and also the I.O, for 6 CC No.54380-16 the second part further it is notice that, seizer of the stolen articles from the custody of the accused is not proved.
11. Under such circumstances this court come to the conclusion that, there is no evidence against A3 for proof of the alleged offences punishable u/s 454 and 380 of IPC. Further there is no corroborative evidence in support of the prosecution evidence, under such circumstances, naturally accused is entitled for benefit of doubt, so that giving the benefit of doubt in favour of accused, I have answered Point Nos.1 and 2 in the Negative.
12. POINT NO.3: For the reasons assigned and finding given on the above point Nos.1 and 2, court proceed to pass the following;
ORDER Acting u/S.248(1) of Cr.P.C. accused No.3 is acquitted for the alleged offences punishable u/S.454 and 380 of IPC.
A.3 shall be released forthwith if he is not required in any other case. Issue release intimation accordingly.
Interim custody of the case property is made as absolute. (Dictated to the Steno directly on computer, typed by her, same was corrected by me and then pronounced in open court on this the 18th day of January 2022).
(M.R.WADEYAR) XI Addl.C.M.M., BENGALURU.
7 CC No.54380-16ANNEXURE-I List of witnesses examined on behalf of the Prosecution:
PW.1 Mehaboob Saudar. PW.2 L.Puttalingaiah.
List of witnesses examined on behalf of the Defence:
Ex.P1 Complaint.
Ex.P1(a) Signature
Ex.P2 FIR.
Ex.P2(a) Signature
Ex.P3 panchanama.
Ex.P3(a) Signature.
ANNEXURE-II
List of exhibits marked on behalf of the Prosecution:
-Nil-
List of witnesses examined on behalf of the Defence:
- Nil -
XI Addl.C.M.M.,Bangalore City. 8 CC No.54380-16