Bangalore District Court
State Of Karnataka vs Chandra on 29 June, 2016
S.C.No.373/2014
IN THE COURT OF LXIX ADDITIONAL CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-70)
Present: Sri T.P.Ramalinge Gowda,
LXIX Additional City Civil and
Sessions Judge,
Bengaluru.
Dated this the 29th day of June, 2016
SESSIONS CASE No.373/2014
Complainant : State of Karnataka
By Peenya P.S.
(By Learned Public Prosecutor )
-V/S-
Accused : 1. Chandra,
S/o late Krishnakutty
Aged about 28 years,
r/at No. 257, 3rd cross,
I main, Near Anjaneya temple,
Maruthi Layout,Chokkasandra,
Bangalore 57.
2. Rangaswamy,
S/o Gangadharappa,
*Note: case against accused
no.2 is split up)
3. Ravi, S/o Suresh,
Aged about 22 years,
R/at c/o Rangappa`s
Building, Kuntiyamma temple
road, Chillasandra, T.Dasarhalli,
Bangalore 57.
S.C.No.373/2014
4. Subramani @ Mani
S/o. Govindaraju,
Aged about19 years
r/at No. A012,
c/o Balakrishna`s house,
2nd cross, I main,
Swathantra nagar,
KR Puram, Bangalore 36.
5. Saravana S,
Aged about 20 years
R/at.5throad,Swathantra nagara,
Vrigonagara post, K.R.Puram,
Bangalore.
1. Date of commission of offence : 25.10.2013
2. Date of report of occurrence : 25.10.2013
3. Date of commencement of evidence : 11.5.2016
4. Date of closing of evidence : 13.6.2016
5. Name of the complainant : B.R Yathiraj
6. Offence complained of : U/s 399 & 402 of IPC
7. Opinion of the Judge : Charge not proved.
: JUDGMENT :
This is a case filed by the Police Inspector of Peenya Police Station, against accused no.1, 3 to 5, for offences S.C.No.373/2014 punishable Under section 399 and 402 of IPC, in C.C.No.998/2014.
2. The case of the prosecution in brief is as follows:-
Hon'ble Chief Metropolitan Magistrate was pleased to commit C.C.No.998/2014, under section 209 of IPC, after compliance of provisions under section 207 of IPC, which registered for the offences punishable U/Sec.399 and 402 of Indian Penal Code against accused no.1 to 5, based on charge sheet of complainant police station by order dated 24.3.2014 to the Hon'ble Prl. City Civil and Sessions Judge for trial. The present case, which is registered in the aforementioned number as per order of Prl. City Civil and Sessions Judge has been assigned to this court for disposal in accordance with law.
3. It is the allegation of prosecution that on 25.10.2013 at about 9 p.m. beside road of Mahimappa School Ground, beside KIDB road, Chokkasandra, situated within the jurisdiction of complainant Police station, accused no.1, 3, 4 and 5 along with accused no.2 (case against him is split up) made preparation by holding deadly weapons for committing S.C.No.373/2014 dacoity from passers by and to loot valuable gold ornaments, money, mobile phones and accused no.4 and 5 escaped from the spot and accused no.1 to 3 were caught by CW. 1 along with CW 2 to 10 and seized weapons and empty whisky bottles, 5 plastic cups, two water bottles in the presence of CW 2 and 3 and accordingly filed complaint against the accused. After investigation the police have prepared charge sheet and forwarded the same with above noted Hon'ble committal court. Hon'ble committal court after taking cognizance and registration of aforementioned case against these accused on the charge sheet of PW.1 committed the case to this court.
4. Accused no.1 to 5 appeared through their advocate. Accused are on bail. Accused no.2 was not present before Court on many dates and also even before framing charge, and warrant issued against accused no.2 is pending since long time and in this regard the report submitted by the I.O. shows that accused no.2 left the address and his whereabouts are not known. Hence case against accused no.2 is split up on 20.10.2015, by my Learned Predecessor. This court by order dated 26.3.2016 found sufficient materials to frame charge against these accused for the offences punishable U/Sec.399 S.C.No.373/2014 and 402 of Indian Penal Code. My Predecessor of this Court has framed the charges. Contents of charge were read over and explained to accused. All the accused pleaded not guilty and claimed to be tried. Prosecution examined 3 witnesses as PW.1 to 3 and got marked 8 documents as Ex.P1 to P8 and 8 material objects as M.O.1 to 8. Prosecution has given up examination of C.W's 4 to 10, who are all official witnesses. After completion of evidence of prosecution, all these accused were examined U/Sec.313 of Code of Criminal Procedure. All the accused denied incriminating evidence appeared against them from the prosecution materials.
5. Heard the arguments of learned public prosecutor and defence counsel.
6. Perused the papers.
7. In the light of above materials, following points fall for decision making of this court:-
1. Whether the prosecution proves beyond all reasonable doubts that on 25.10.2013 at about 9 p.m. beside road of Mahimappa School Ground, beside KIDB road, Chokkasandra, situated within the jurisdiction of complainant Police station, S.C.No.373/2014 accused no.1, 3, 4 and 5 along with accused no.2 armed with deadly weapons made preparation to commit dacoity from passers by and to loot valuable gold ornaments, money, mobile phones and thereby all the accused have committed the offence punishable U/Sec. 399 of Indian Penal Code?
2. Whether the prosecution proves beyond all reasonable doubts that on the same date, time and place, accused no.1, 3, 4 and 5 along with accused no.2, assembled for the purpose of committing dacoity from the passers by / public and thereby all the accused have committed the offences punishable U/Sec. 402 of Indian Penal Code?
3. What order?
8. This court upon appreciation of available materials, with reference to prevailing legal aspects, give findings to the above points as follows:-
Point No.1 - Negative;
Point No.2 - Negative;
Point No.3 - As per final order,
S.C.No.373/2014
for the following:-
: REASONS :
9. POINT NO.1 and 2 :- As per the canon of criminal jurisprudence of our nation, prosecution to bring home alleged guilt of accused with production of cogent and satisfactory evidence. Case of all the accused is a total denial of the version of prosecution. Prosecution to bring home guilt of accused got examined 3 witnesses and exhibited 8 documents and 8 material objects.
10. PW.1-Yathiraj, who is said to be the Police Inspector of complainant police station has given evidence to the effect that on 25.10.2013 at 9.15P.M, upon credible information he along with other police personnel(C.W 4 to 10) and C.W.2 and 3- panch witnesses rushed to the material place and found a group consisting of 5 persons engaged in making preparation to commit dacoity, armed with M.O.1 to 8 and themselves and his police personnel surrounded them and they succeeded to nab 3 persons and rest of the accused fled from the said place. PW.1 took 3 accused to his custody and recovered M.O.1 to 8 from the accused, through mahazar drawn as per Ex.P1 in the presence of panchas and produced them with his report as per Ex.P2, for necessary action.
S.C.No.373/2014
11. Further, he recorded the statement of C.W.2 to 10 and took the accused into custody and recorded their voluntary statement and deputed his staff to trace out the absconding accused. Accused no.4 was arrested on 28.10.2013 and accused no.5 was arrested on 09.02.2014 and later released on bail. PW.1, on completion of investigation filed charge sheet. In the cross-examination of PW.1, nothing is brought out to disbelieve the existence of version of prosecution. As such his evidence remained unchallenged.
12. P.W's 2 and 3 are witnesses to mahazar drawn as per Ex.p1 at the time of taking M.O.1 to 8 from the custody of accused. PW. 2 and 3 in their evidence have stated that police have not seized any articles in their presence and their statement was not recorded by the police and they cannot identify the accused before Court.
13. PW.2 and 3 have been treated as hostile by the learned public Prosecutor and got marked their statements as Ex.P.7 and P.8. They were tested in the cross-examination from learned public prosecutor, but nothing worth could be elicited from these witnesses in the cross examination by learned public prosecutor.
S.C.No.373/2014
14. Indisputably, there is no evidence of independent witness on the alleged act of accused. Evidence of PW.1 is not much helpful to the prosecution to prove the alleged guilt of accused. His evidence was not supported by the panch mahazar witnesses. PW.2 and 3 turned hostile, as such evidence of PW.2 and 3 is not credible to believe the existence of version of prosecution. In the absence of cogent and convincing evidence from the prosecution side, serious doubts arises in the mind of this Court regarding the commission of the offences alleged, as well as the charges leveled against the accused. The basic principles of criminal justice system are that, accused should be treated innocent until the guilt is proved beyond all reasonable doubts and benefit of doubts, if any, should be extended to the accused.
15. In the light of these principles, this Court safely holds that, the prosecution has failed to establish the charges leveled against the accused. The investigation and prosecution utterly failed in establishing the offences alleged against accused. Hence, benefit of doubt is S.C.No.373/2014 extended to the accused as they deserve for it. Therefore, available materials are not cogent and satisfactory to hold these accused guilty for the offences punishable U/Sec.399 and 402 of Indian Penal Code. Thus the prosecution failed to prove point no.1 and 2 beyond all reasonable doubt as required under law. Hence point no.1 and 2 is answered in the negative.
16. POINT NO.3:- In the light of findings, on above point accused no.1, 3 to 5 are to be acquitted for the offences U/Sec.399 and 402 of Indian Penal Code. Accordingly, this court proceeds to pass the following:-
ORDER In exercise of power vested with this court U/Sec.235(1) of Criminal Procedure Code, it is ordered that accused No.1, 3 to 5 are acquitted of the offences punishable U/Sec.399 and 402 of Indian Penal Code.
Accused are set at free for the said offences.
Accused shall comply the provision of Sec.437-A of Code of Criminal Procedure within a week from today.
S.C.No.373/2014 M.O's.1 to 8 are ordered to be preserved till disposal of the split-up case, pending against accused no.2 (Typed to my online dictation by the Stenographer, transcript thereof is corrected and then pronounced by me in the open court on this the 29th day of June, 2016.) (T.P.Ramalinge Gowda) LXIX Addl.C.C. & Sessions Judge, Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED FOR PROSECUTION PW1 Yathiraj B.R PW2 Shivanna PW3 Venkatesh LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:
Ex.P.1 Mahazar
Ex.P.1(a) Signature of PW.1
Ex.P2 Report of PW.1
Ex.P2(a) Signature of PW.1
Ex.P3 Charge sheet
Ex.P4 to 6 Voluntary statements of accused
Ex.P4(a) to 6(a) Signatures of PW.1
Ex.P7 Statement of P.W2
Ex.P8 Statement of PW.3
S.C.No.373/2014
LIST OF MATERIAL OBJECTS MARKED FOR
PROSECUTION:
M.O.1 Knife
M.O.2 Iron rod
M.O.3 Chilly powder packet
M.O.4 Wooden club
M.O.5 Iron long
M.O.6 3 empty whiskey bottles
M.O.7 05 plastic cups
M.O.8 02 empty plastic bottles
LIST OF WITNESSES EXAMINED & DOCUMENTS EXHIBITED FOR ACCUSED : Nil (T.P.Ramalinge Gowda) LXIX Addl.C.C. & Sessions Judge, Bengaluru.
S.C.No.373/2014 Order pronounced in the open court on the 29th day of June 2016, vide separate Judgment ORDER In exercise of power vested with this court U/Sec.235(1) of Criminal Procedure Code, it is ordered that accused No.1, 3 to 5 are acquitted of the offences punishable U/Sec.399 and 402 of Indian Penal Code.
Accused are set at free for the said offences.
Accused shall comply the provision of Sec.437-A of Code of Criminal Procedure within a week from today.
M.O's.1 to 8 are ordered to be preserved till disposal of the split-up case, pending against accused no.2 LXIX Addl.C.C. & Sessions Judge, Bengaluru.