Bangalore District Court
Rajarajeshwari Nagar P.S vs A1 Manjunatha @ Tailor on 22 April, 2024
KABC010283352021
IN THE COURT OF THE XXXVIII ADDL. CITY
CIVIL & SESSIONS JUDGE (CCH-39) AND
HOLDING CONCURRENT CHARGE OF
LVIII ADDL. CITY CIVIL & SESSIONS JUDGE
(CCH-59), BENGALURU CITY
DATED THIS THE 22ND DAY OF APRIL, 2024
PRESENT
Sri. SHIVAKUMARA B., B.A., LL.B.,
XXXVIII Addl. City Civil & Sessions Judge
(CCH-39) and also holding Concurrent Charge of
Court of LVIII Addl. City Civil & Sessions Judge,
(CCH-59), Bengaluru.
SESSIONS CASE NO.1582/2021
INFORMANT : The State of Karnataka,
Reptd., by PSI,
Rajarajeshwari Nagara
Police Station, Bengaluru.
(By learned Public Prosecutor)
-V/S-
ACCUSED : 5. Raghavendra @ Kenda,
S/o Thimmanna,
Aged about 20 years,
Residing at # 333, 3rd Stage,
5th Cross, Gattigere Extension,
Rajarajeshwari Nagara, BENGALURU.
2 S.C.1582/2021
(Reptd. by Sri. B.K.R., Advocate)
1. Date of commission of offence 23.02.2017
2. Date of report of occurrence 23.02.2017
3. Date of arrest of accused No.5 01.04.2019
Released on 27.04.2019
Total period of custody 26 days
4. Date of commencement of 27.11.2023
Evidence
5. Date of closing of evidence 11.12.2023
6. Name of the Complainant V. Shiva Reddy
7. Offence complained of 399 & 402 IPC
8. Opinion of the Judge A5 is acquitted.
: JUDGMENT :
The Police Sub-Inspector of Rajarajeshwari Nagara Police Station, Bengaluru City, has laid the chargesheet against accused Nos.1 to 5 for the offences punishable under Sections 399 & 402 of IPC.
3 S.C.1582/2021
2. The brief facts in nut-shell of the case of prosecution is that on 23.02.2017 at around 6:30 p.m., in front of Crazy Park situated at 5th Stage, BEML Layout, within the jurisdiction of Rajarajeshwari Nagara Police Station, this accused No.5 along with accused Nos.1 to 4 have assembled together and they were preparing for committing dacoity by holding deadly weapons like three iron rods and one knife in their hands. Based on the credible information, CW1 - Police Sub Inspector of Rajarajeshwari Nagara Police Station along with panch witnesses i.e., CWs 2 & 3 and his staff CWs 4 to 8, conducted raid and caught hold of accused Nos.1 to 4 and recovered three iron rods and knife by drawing mahazar at Ex.P1. However, this accused No.5 ran away from the spot. Subsequently, CW1 brought accused Nos.1 to 4 to Police Station along with seized material objects and produced before SHO - CW9 along with report.
4 S.C.1582/2021
3. Based on the said report, CW9 has registered a criminal case in Crime No.51/2017 for the offences punishable under Sections 399 & 402 of IPC and sent FIR to the Court. He has followed the procedure of arrest and recorded the voluntary statements of accused Nos.1 to 4. He has also recorded the statements of CWs 2 to 8. After medical examination, he has produced the accused Nos.1 to 4 before the Learned Magistrate along with remand application. Accused Nos.1 to 4 were remanded to judicial custody. On subsequent date, accused Nos.1 to 4 were released on bail. After completion of investigation, CW9 has filed chargesheet against accused Nos.1 to 5 for the offences punishable under Sections 399 & 402 of IPC.
4. After submitting the charge sheet, the learned Magistrate has taken cognizance and registered a case. In response to the notice, accused Nos.1 to 4 appeared before the Learned Magistrate through their respective counsels. 5 S.C.1582/2021 Accused No.5 was also appeared through his counsel and he was enlarged on bail.
5. After securing all these accused and complying Section 207 of Cr.P.C., the Learned Magistrate has committed this case for trial as the alleged offences are exclusively triable by the Court of Sessions. After receipt of records, the Hon'ble Principal City Civil & Sessions Judge has made over the case to this Court for disposal in accordance with the law.
6. In response to the summons, accused No.5 appeared before this Court through his counsel. After hearing both the parties, being satisfied with the prima facie material on record, my learned predecessor-in-office has framed the charges against accused No.5 for the offences punishable under Sections 399 & 402 of IPC. When read over the same to accused No.5, he pleaded not guilty and claimed to be tried. Hence, the matter was posted for prosecution evidence.
6 S.C.1582/2021
7. To bring home the guilt of accused No.5, the prosecution got examined in all three witnesses as PWs 1 to 3 and produced four documents and got marked Ex.P1 to P4 and also identified four material objects and got marked as MOs 1 to 4. After closing the evidence of the prosecution, the statement of accused No.5 under Section 313 of Cr.P.C., was recorded. Accused No.5 has denied all the incriminating circumstances, elicited from the prosecution witnesses and he has not chosen to lead any defence evidence. Hence, the matter was posted for arguments on merits.
8. In view of the rival contentions made by both parties, the following points that would arise for my consideration are: -
1. Whether the prosecution proves beyond all reasonable doubt that on 23.02.2017 at around 6:30 p.m., in front of Crazy Park situated at 5th Stage, BEML Layout, accused No.5 along with accused Nos.1 to 4 were assembled and making preparations by holding deadly weapons like iron rods and knife with an intention to commit dacoity on the public and thereby committed an 7 S.C.1582/2021 offence punishable under Section 399 of IPC?
2. Whether the prosecution further proves beyond all reasonable doubt that accused No.5 along with accused Nos.1 to 4 were assembled in that particular spot for the purpose of committing dacoity on the public and thereby committed an offence punishable under Section 402 of IPC?
3. What order?
9. I have heard the arguments on both sides and perused the materials placed on record.
10. My findings on the above points are as follows: -
POINT NO.1 - In the Negative
POINT NO.2 - In the Negative
POINT NO.3 - As per final order,
for the following: -
: REASONS :
11. POINT Nos.1 & 2: Since both these points are inter linked with each other, they are taken up together for discussion, in order to avoid repetition of facts and evidence. 8 S.C.1582/2021
12. PW1 - Sri. Cholappa is ASI and PW2 - Sri. V. Shiva Reddy, Police Inspector of Rajarajeshwari Nagara Police Station, have both deposed that on 23.02.2017 at around 5:45 p.m., they received credible information that in front of Crazy Park at 5th Stage, BEML layout, Rajarajeshwari Nagara, some 4-5 persons have assembled and made preparations to commit dacoity armed with deadly weapons like rods & knives. Accordingly, PWs 1 & 2, CWs 4, 5, 7 & 8 went to the spot by securing panch witnesses CWs 2 & 3. They all reached the spot at around 6:15 p.m. They found five persons who were standing in dark by making preparations to commit dacoity. They surrounded said persons. However, one of them managed to escape from the spot. They searched A1 to A4 personally and found iron rods & knife. On enquiry, A1 to A4 revealed their identity and also revealed the identity of another person (A5) who ran away from the spot. CW1 drawn mahazar as per Ex.P1 under which seized said rods & knife from the custody of A1 to A4. During the 9 S.C.1582/2021 course of trial PWs 1 & 2 have identified A1 to A4 who were present before the Court. They also identified rods & knife seized from the custody of accused which are marked as MOs 1 to 4. PW2 has also identified his signature on Ex.P1 - mahazar as per Ex.P1(b). Report submitted to SHO is marked as Ex.P2 and notice issued to panch witnesses is marked as Ex.P3 respectively.
13. PW3 - Sri. C. Lakshman, then PSI of Rajarajeshwari Nagara Police Station, has deposed that CW1 appeared before him in the Police Station along with report (Ex.P2), mahazar and four accused persons along with seized weapons. He received the same and got registered criminal case in Crime No.51/2017 and submitted FIR to the Court as per Ex.P4. He also subjected seized weapons to PF No.19/2017. On the same day, he recorded statements of CWs 1 to 8. He has also subjected A1 to A4 for enquiry who were produced before him and recorded their voluntary statements. Then, he produced A1 to A4 before the Court. 10 S.C.1582/2021 He deputed his staff for tracing A5 who absconded from the spot. After completion of investigation, he has submitted chargesheet against A1 to A5. During the course of trial, he has identified seized weapons which are marked as MOs 1 to 4 and also identified accused persons.
14. In this case, PWs 1 & 2 are official witnesses and they have deposed regarding apprehension of accused persons at the spot who were making preparations and assembled for the purpose of committing dacoity armed with deadly weapons. They also deposed regarding seizure of weapons from the custody of accused persons and also regarding spot-cum-seizure mahazar drawn by CW1. As per the version of PW3 - SHO, while he was on duty at Police Station, CW1 appeared before him and produced A1 to A4 along with seized weapons and also Ex.P2 - report and Ex.P1
- mahazar. On the basis of said report, he registered a criminal case against accused persons and subjected the seized weapons to Property Form, recorded statements of 11 S.C.1582/2021 witnesses and also recorded voluntary statements of A1 to A4 and after completion of investigation submitted chargesheet.
15. It is significant to note that as per the version of PWs 1 & 2 before going to the spot they got issued notice to CWs 2 & 3 who were independent panch witnesses. On perusal of the ordersheet of this case it reveals that in spite of issuance of summons repeatedly, CWs 2 & 3 remained absent before the Court. Subsequently, NBW was issued against CWs 2 & 3 and proclamation was also issued. Despite, police could not secure their presence and as such both of them were dropped.
16. Thus, the evidence of PWs 1 to 3 is not supported by the evidence of independent panch witnesses i.e., CWs 2 & 3. PWs 1 to 3 are police officers and their evidence is formal in nature. There is no corroboration to the evidence of PWs 1 to 3.
12 S.C.1582/2021
17. It is not the case of the prosecution that at the time of alleged raid and recovery of MOs 1 to 4, except police officers, none of the independent witnesses were present. Even according to PWs 1 & 2, they conducted raid and caught hold accused No.5 along with accused Nos.1 to 4 and seized MOs 1 to 4 in the presence of the CWs 2 & 3, independent panch witnesses. When such being the case, in the absence of evidence by these two panch witnesses, solely based on the evidence of PWs 1 to 3, police officers, it cannot be held that the prosecution has proved the charges leveled against accused No.5 beyond all reasonable doubt.
18. No doubt, as submitted by the learned Public Prosecutor, during the course of cross examination of PWs 1 to 3, except denial, nothing is elicited whether there is any enmity between this accused and PWs 1 to 3, as they have falsely implicated the accused in this case. But, admittedly, this proceeding came to be initiated suo moto, at their own instance.
13 S.C.1582/2021
19. Even, according to the case of the prosecution, accused No.5 along with other accused persons were preparing to commit dacoity in the public place at around 6:15 p.m. When such being the case, in the absence of corroborative evidence by any one of the independent witnesses, solely based on the evidence of these police officers PWs 1 to 3, who are the interested witnesses, it cannot be held that, the prosecution has proved the guilt of accused No.5 beyond reasonable doubt. Therefore, the prosecution has not placed any consistent & corroborative evidence to prove any of the charges leveled against accused No.5. Hence, it creates serious doubt about the involvement of accused No.5 in the alleged incident. Under these circumstances, in my considered view, the prosecution has failed to prove the guilt of accused No.5. Therefore, without any alternative, the benefit of doubt should be extended to accused No.5 and he is entitled for acquittal. In view of the aforesaid reasons, I answer point Nos.1 & 2 in the "Negative."
20. POINT NO.3:- In the result, for the reasons stated above, I proceed to pass the following: - 14 S.C.1582/2021
ORDER Acting under Section 235(1) of Cr.P.C., Accused No.5 - Raghavendra @ Kenda, son of Thimmanna, is acquitted of the offences punishable under Sections 399 & 402 of Indian Penal Code.
The bail bond of accused No.5 and his surety stands cancelled.
The original record and also MOs 1 to 4 shall be retained till disposal of the split-
up case registered against accused Nos.1 &
3. Dictated to the Stenographer Grade I, transcribed & computerized by him, revised, corrected, signed and then pronounced by me in the open Court on this the 22nd day of April, 2024.
(SHIVAKUMARA B.) Holding Concurrent Charge of Court of LVIII Addl. City Civil & Sessions Judge (CCH-59), Bengaluru.
15 S.C.1582/2021ANNEXURE
1. LIST OF WITNESSES EXAMINED FOR PROSECUTION:
P.W.1 Cholappa
P.W.2 V. Shiva Reddy
P.W.3 C. Lakshman
2. LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:
Ex.P.1 Spot Mahazar
Ex.P.1(a & b) Signatures
Ex.P.2 Report
Ex.P.2(a & b) Signatures
Ex.P.3 Notice
Ex.P.3(a) Signature
Ex.P.4 F.I.R.
Ex.P.4(a) Signature
3. LIST OF WITNESSES EXAMINED & DOCUMENTS EXHIBITED FOR ACCUSED:
- NIL -
4. LIST OF MATERIAL OBJECTS PRODUCED AND GOT MARKED FOR PROSECUTION:
M.O.1 to 3 Three iron rods
M.O.4 Knife
C/c. LVIII ADDL. CITY CIVIL &
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.
16 S.C.1582/2021
Judgment pronounced in the Open Court (vide separate judgment) ORDER Acting under Section 235(1) of Cr.P.C., Accused No.5 - Raghavendra @ Kenda, son of Thimmanna, is acquitted of the offences punishable under Sections 399 & 402 of Indian Penal Code.
The bail bond of accused No.5 and his surety stands cancelled.
The original record and also MOs 1 to 4 shall be retained till disposal of the split- up case registered against accused Nos.1 &
3. (SHIVAKUMARA B.) C/c. LVIII ADDL. CITY CIVIL & SESSIONS JUDGE (CCH-59) BENGALURU CITY.