Bangalore District Court
State By vs A1: Mahadeva on 19 January, 2016
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS JUDGE,
BANGALORE CITY.
(CCH-67)
DATED THIS THE 19th DAY OF January 2016
PRESENT
SRI.A.VIJAYAN, B.A.(LAW),LL.M.,
LXVI Addl.City Civil & Sessions Judge (CCH-67)
S.C.793/2013
COMPLAINANT : State by:
Chickpet Police Station,
Bangalore.
(By Public Prosecutor)
/Vs/
ACCUSED:
A1: Mahadeva
(Dead- abated)
A2: Avinash,
S/o Ravi, aged 23 years,
27th Cross, I Main,
Dasarahalli, Magadi Road,
Bangalore.
A3: Manjunath @ Manju
(Split Up)
A4: Saravana @ Satya
(Dead-abated)
A5: Jayakumar @ Jayanth,
S/o Ravi, aged 19 years,
No.21, 17th Cross,
Agrahara Dasarahalli,
Magadi Road, Bangalore.
2 S.C.793/2013
A6: Nagesh,
S/o Shivakumar,
Aged about 21 years,
R/o No.10/5, 8th Cross,
Bhuvaneshwari Nagar,
Magadi Road, Bangalore.
(A2, 5 and 6 by Sri.SM, Advocate)
DATE OF:
Occurrence of offence : 02/02/2013
Commencement of trial : 03.08.2015
Closing of trial : 03.08.2015
Name of the complainant : PSI
Offence alleged : U/s 399 and 402
Opinion of the judge : Charges leveled against
accused are not proved
Sentence or order : Acquitted
JUDGMENT
Chickpet police filed charge sheet against the accused for the offence punishable under Sec.399 and 402 of IPC.
2. Brief facts of the prosecution case is that:-
Accused No.2, 5, 6 along with other accused on 2.2.2013 at about 10.20 p.m. near Maramma Temple, M.T.Street, in the dark place within the jurisdiction of 3 S.C.793/2013 Chickpet police limits were in possession of deadly weapons and were preparing for committing robbery of persons who were walking alone on that road in order to rob money and gold ornaments from general public, based on credible information it is alleged that police raided spot and arrested accused and registered a case in Cr.No:26/2013 of their police station and after completion of investigation filed charge sheet against the accused for the offence punishable under Sec.399 and 402 of IPC.
3. Meanwhile accused No.2,5 and 6 got enlarged on bail. After committal of this case, again these accused appeared before this court and enlarged on committal bail.
When case is reported for trial accused No.1 and 4 reported to be dead. Case against accused No.3 split up from this case and registered in separate S.C. Therefore, Heard before charge, charge framed and plea of accused recorded. Accused pleaded not guilty, but claimed to be tried by this court. Hence, this case was posted for trial. 4 S.C.793/2013
4. During the course of trial, the prosecution in all examined its witnesses as P.W. 1 to 3 and got marked documents Ex.P.1 to P.4. and MOs 1 to 9 are marked.
5. Accused statement under Sec. 313 of Cr.P.C. was recorded. Accused denied all incriminating evidence adduced and produced by the prosecution. On the other hand, the accused neither produced nor adduced any evidence on their defence.
6. Heard arguments on both the sides and case was posted for judgment.
7. Out of above said facts and circumstances of the case, and material evidence on record, points that arise for my consideration are as under for the following reasons:-
1. Whether the prosecution proves beyond all reasonable doubt that on 2.2.2013 at about 10.20 p.m. near Maramma Temple, M.T.Street, in the dark place within the jurisdiction of Chickpet police limits were in possession of deadly weapons and were preparing for committing robbery of persons who were walking alone on that road in order to rob money and gold ornaments from general public and were in possession of deadly 5 S.C.793/2013 weapons and thus committed an offence punishable under Sec.399 and 402 of IPC?
2. What Order?
8. My findings to the above points are as under for the following reasons:-
Point No.1 : In the Negative Point No.2 : As per final Order, for the following stated REASONS
9. POINT No.1: In this case, police have filed charge sheet against the accused for the offence punishable under Sec.399 and 402 of IPC. It is burden on the prosecution to prove the guilt against the accused beyond all reasonable doubt with the material, supportive and corroborative evidence with cogent reasons.
10. During the course of trial, the prosecution in all examined its witness P.W. 1 to 3 and got marked documents at Ex.P.1 to P.4 and M.O.1 to 9.
11. P.W.1 Dayanand the then ASI, attached to CCB, Bangalore deposed that on 2.12.2013 at about 10 p.m. 6 S.C.793/2013 when he was on patrolling duty within the limits of Chickpet police station he received information that near Maramma Temple , M.T.Street, Chickpet 5 to 6 persons formed an unlawful assembly and they were in possession of deadly weapons and were planning to commit dacoity. Immediately he informed to his higher officers at R.T.Street, he picked up two pancha witnesses along with his staff CW.4 to 8 and pancha witnesses CW.2 and 3 , after issuing notice to them as per Ex.P1 and P2, he identified the signature in that notice at Ex.P.1a and P2a. He accompanied them at about 10.20 p.m. to the incident spot where in 5 to 6 persons were sitting waiting to attack the lone persons coming on that way , seeing that immediately himself and his staff raided the spot and arrested accused No.2, 5 and 6 and other accused persons, on physical verification they were in possession of five knives, chilly powder, three mobile phone and one two wheeler bearing Reg.No:KA-02: HL-9838 Hero Honda splendor vehicle and they seized all those things by drawing seizure mahazar in the presence of pancha 7 S.C.793/2013 witnesses , they are produced and marked as MO.1 to 9. Thereafter they released two wheeler to the RC Owner and photograph of that two wheeler is produced and marked as Ex.P3 and identified his signature at Ex.P3a. He also identified signatures of PWs 2 and 3 in Ex.P.3. Thereafter they covered and sealed MO1 to 9 and arrested accused and took them to police station. Sue moto he registered a case , that report marked as Ex.P4. He identified signature at Ex.P4(a). Thereafter he handed over case papers to CW9 for further investigation. In his cross examination he deposed that he did not disclosed that he received information through phone in his report. He denied that at about 10 p.m. there were people in the incident spot. He clearly admitted that lot of people visit the temple and distance between instant spot and police station is about 1 km. He cannot recount when they saw in which direction accused were sitting and facing but together they were discussing that if any person come alone they were going to 8 S.C.793/2013 attack. He denied several suggestions put by learned defence counsel.
12. P.W.2 D.Basavaraj, Head constable 5479 deposed that on 2.2.2013 at about 10.10 p.m. PW1 accompanied himself and CW68 near Prabhu Lodge, M.T.Street, based on credible information received by him with regard to preparation of dacoity by some miscreants. At that time he also issued notice to Dinesh and Shariff as pancha witnesses. At about 10.20 p.m. they raided spot and arrested accused No.1 to 6. Among them accused No.2, 5 and 6 are present before the court. In that raid he arrested accused No.3. He was in possession of Chilly powder. Thereafter PSI drawn seizure mahazar and seized MO.1 to 9. In his cross examination he deposed that he did not give statement before the police. He denied that incident spot is populated area. He had been to spot through his bike and he denied several suggestions put by learned defence counsel.
9 S.C.793/2013
13. PW3 M.Ramesh deposed identically as PW2 in his examination in chief. In his cross examination he denied several suggestions put by learned defence counsel.
14. On analyzing the prosecution case it is clear that it has been alleged by prosecution that accused No.1 to 6 have committed an offence punishable under Sedc.399 and 402 of IPC. Though prosecution has examined its witnesses P.W.1 to 3 and marked documents Ex.P1 to P4 and MOs 1 to 9 has failed to examine independent seizure mahazar witnesses upon whose evidence entire prosecution case relied. Further in this case IO who conducted investigation from Alfa to omega and filed charge sheet against the accused failed to step in to witness box to adduce his evidence. Under these circumstances, there is no crystal clear evidence to prove guilt against the accused beyond all reasonable doubt. Hence, this court hold point NO.1 in the Negative. 10 S.C.793/2013
15. POINT No.2: In view of my finding to above point and for reasons discussed above, I proceed to pass following:-
ORDER Acting U/Sec 235(1) of Cr.P.C accused No.2, 5 and 6 are hereby acquitted for the offence punishable U/Sec 399 and 402 of IPC.
Accused No.2, 5 and 6 are set at liberty. MO.1 to 9 shall be preserved till disposal of split up case against A3.
Further in this case accused NO.2, 5 and 6 are hereby directed to execute their personal bond for Rs.50,000/- as required under Sec.437(A) of Cr.P.C.
(Dictated to the judgment writer on Computer, typed by her and then corrected and pronounced by me in the open court on this the 19th day of January 2016) (A.VIJAYAN), LXVI Addl., City Civil & Sessions Judge, Bangalore.11 S.C.793/2013
-:ANNEXURE:-
WITNESSES EXAMINED BY THE PROSECUTION:- PW.1 Dayanand PW.2 B.Basavaraj PW.3 M.Ramesh WITNESS EXAMINED FOR DEFENCE :-
Nil DOCUMENTS MARKED FOR PROSECUTION:-
Ex.P1 Notice Ex.P1(a) Signature of PW.1 Ex.P2 Notice Ex.P2(a) Signature of P.W.1 Ex.P3 Mahazar Ex.P3(a) Signature of PW.1 Ex.P4 Statement of PW1 Ex.P4(a) Signature of PW.1 DOCUMENT MARKED FOR DEFENCE:- Nil MATERIAL OBJECTS MARKED FOR PROSECUTION:
MO.1to5 : Knives
MO.6 : Chilly powder
MO.7,8&9 : Mobile phones
(A. VIJAYAN)
LXVI Addl.City Civil & Sessions Judge, Bangalore.12 S.C.793/2013
19.1.2016:
Judgment-
Pronounced vide separate judgment with following operative portion:
ORDER Acting U/Sec 235(1) of Cr.P.C accused No.2, 5 and 6 are hereby acquitted for the offence punishable U/Sec 399 and 402 of IPC.
Accused No.2, 5 and 6 are set at liberty. MO.1 to 9 shall be preserved till disposal of split up case against A3.Further in this case accused NO.2, 5 and 6
are hereby directed to execute their personal bond for Rs.50,000/- as required under Sec.437(A) of Cr.P.C.
LXVI Addl.City Civil & Sessions Judge, Bangalore.