Bangalore District Court
The State vs Smt. Jyothi on 26 December, 2022
KABC030107992018
Presented on : 12.02.2018
Registered on : 12.02.2018
Decided on : 26.12.2022
Duration : 04y/10m/14days
IN THE COURT OF
XLI ADDITIONAL METROPOLITAN MAGISTRATE
AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Metropolitan Magistrate
Bengaluru
Dated on this 26th day of December 2022
C.C.No.4110/2018
COMPLAINANT : The State
by Bengaluru City Railway P.S
-V/s-
ACCUSED : 1. Smt. Jyothi,
W/o.Ravi,
Aged 29 years,
2. Smt.Vasantha,
W/o. Kumar,
Aged 25 years,
Both are R/at. No.105,
Near Govt. Hospital,
Kanakapura Town, Ramanagara.
Date of Commission of offence 10.12.2016
Date of report 10.12.2016
2 C.C.No.4110/2018
Date of arrest The accused No.1 and 2
produced under body warrant
and thereafter they got
enlarged themselves on bail.
Name of the complainant Smt.Mahadevamma
Date of commencement of 19.12.2019
recording Evidence
Date of closing evidence 05.12.2022
Offences complained of U/Sec. 392 R/w 34 of IPC
Opinion of the Judge As per final orders
State Represented by Senior Asst. Public Prosecutor
Accused Represented by Sri.Ayub Pasha., Advocate
JUDGMENT
[Delivered on 26.12.2022] The Circle Inspector of Railways, Bengaluru City Railway Police Station has filed charge sheet against the accused for the offence punishable U/Sec. 392 r/w 34 of IPC.
2. Brief facts of prosecution case is as follows:
On 10.02.2016, at 2.55 p.m., at platform No.8 of Bengaluru City Railway Station, when CW.1 was boarding Tippu Express Train to go to Mysore, the accused snatched her 80 grams golden mangalya chain from her neck. On the basis of complaint given by CW.1, the Bengaluru City Railway police have registered this case in Cr.No.325/2016.3 C.C.No.4110/2018
3. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offence punishable U/Sec.392 r/w 34 of IPC.
4. The accused No.1 and 2 were produced before the Court under body warrant and as per order dated : 10.08.2017 they were enlarged on bail. This Court complied with Sec.207 of Cr.P.C and charge sheet copies are furnished to the accused.
5. This Court heard both the parties. As there were no grounds to discharge the accused, this Court framed charge for the offence punishable U/Sec. 392 r/w 34 of IPC and read over the same to them. The accused did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined 13 witnesses as PW.1 to 13 and got marked Ex.P.1 to Ex.P.5 documents. After the closure of the evidence of the prosecution, this court recorded the statements of the accused U/Sec.313 of Cr.P.C wherein, the accused denied the incriminating evidence 4 C.C.No.4110/2018 led against them. They did not chose to lead their defence evidence.
7. I have heard the arguments of Senior APP and Sri. A.B, Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, on 10.02.2016, at 2.55 p.m., at platform No.8 of Bengaluru City Railway Station, when CW.1 was boarding Tippu Express train to go to Mysore, the accused snatched her 80 grams golden mangalya chain from her neck and thereby they have committed the offence punishable U/Sec.392 r/w 34 of IPC?
2. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative Point No.2 : As per final orders for the following:5 C.C.No.4110/2018
REASONS Point No.1 :
10. The burden is casted on the prosecution to prove that, the accused snatched 80 grams golden mangalya chain from the neck of the complainant, when she was boarding Tippu Express train on 10.12.2016 at 2.55 p.m at plat form No.8 of Bengaluru City railway station.
11. In order to prove its case, the prosecution got examined the complainant /CW.1 as PW.1, seizure mahazar witnesses CW.4 as PW.2 , CW.5 as PW.3, CW.6 as PW.10, police officers who arrested the accused/CW.7 as PW.4, CW.8 as PW.5, CW.9 as PW.6, CW.11 as PW.7, CW.10 as PW.8, CW.12 as PW.12, police officer who registered the case-CW.13 as PW.9, the officer, who partly investigated the matter- CW.14 as PW.11 and investigating officer CW.15 as PW.13 and got marked the complaint as Ex.P.1, spot Mahazar as Ex.P.2, photograph of the robbed chain as Ex.P.3, seizure mahazar as Ex.P.4, and FIR as Ex.P.5.
6 C.C.No.4110/2018
12. CW.1/PW.1- Smt.Mahadevamma in her evidence has stated that, on 10.11.2016 she along with her family members were intending to travel to Mysore. Accordingly, they had been to Bengaluru City Railway station at 2.45 p.m. Tippu Express train came to platform No.8. There was too much rush, when the train came to the platform. While boarding the train, somebody snatched her golden mangalya chain from her back side. When she turned back, she saw 2 ladies. Accordingly, she gave complaint to the police as per Ex.P.1. On the same day, the police came to the spot and drawn Ex.P.2 mahazar. After a lapse of 8 months, the police called her to the station stating that they have recovered her chain. Accordingly, she has identified her chain at the station. As per the court orders, she has taken interim custody of the chain. Her chain is marked as MO.1. The photograph of the chain is marked as Ex.P.3. She has identified the accused.
13. CW.4/PW.2 G.R.Purshottam, in his evidence has stated that, Ex.P.4 bears his signature. On 31.07.2017, the police had 7 C.C.No.4110/2018 brought the accused Gavenahalli in their departmental vehicle. The police had informed about the theft of 158 grams of gold ornaments. He has identified the accused and the chain found in Ex.P.3.
14. CW.5/PW.3 Vasanth Kumar, in his evidence has stated that, Ex.P.4 mahazar bears his signature. On 31.07.2017, the police brought the accused to Gavenahalli in their departmental vehicle. The accused were sitting in the jeep. The police recovered 158 grams of gold ornaments. The chain can be seen in Ex.P.3. He has identified the accused.
15. CW.6/PW.10 Sathyanarayana, in his evidence has stated that, he is acquainted with the accused, as they used to visit his shop. In the year 2017, one day the police brought the accused to his shop in the afternoon. The police asked him to give the jewellaries, which the accused had sold to him. The accused had sold some gold ornaments stating that, they are facing problems. Accordingly, he has given ornaments to the police. The police by drawing Ex.P.4 mahazar have seized gold ornaments. Ex.P.4 8 C.C.No.4110/2018 bears his signature. He did not identify the chain, which is seen in Ex.P.3 photograph.
16. CW.7/PW.4, K.Kadappa in his evidence has stated that, while he was working as ASI at Bengaluru City railway police station, CW.15 had deputed him and CW.8 to trace out the accused of Cr.No.233/2017. Accordingly, they were discharging their duties at platform No.5 along with CW.9 to 12. By collecting information about the identity of the accused from the complainant, they were observing the public. At that time, 2 ladies were behaving suspiciously. On enquiry they told that they do not possess any train tickets, platform tickets or pass with them. They did not give proper answers. On enquiry, they told their names as Jyothi D/o. Ravi and Vasantha D/o.Kumar and they are the residents of behind Government Hospital, house No.105, Kanakapura. They were having a female baby with them. On suspicion, they took them to the station and produced them before CW.14. Accordingly, they have given report in this regard. He has identified the accused. 9 C.C.No.4110/2018
17. CW.8/PW.5 Sathyappa Mukkannavar, in his evidence has stated that, while he was working as probationary PSI at Bengaluru City Railway Police station, on 27.07.2017 CW.15 deputed himself, PW.4, CW.9 to 12 to trace out the accused of Cr.No.233/2017. Accordingly at 5.30 p.m., they were discharging their duties at platform No.5 at Chamundi Express. On the basis of information given by the complainant regarding the appearance of the accused, they were checking the train. At that time, they noticed the suspicious behavior of 2 ladies. On enquiry they told that, they do not possess railway tickets, platform tickets or pass with them. They did not tell their addresses properly. One among them told her name as Jyothi D/o.Ravi and another told her name as Vasantha D/o.Kumar. For further investigation, they took them to the station and produced before CW.14. PW.4 has given written report in this regard. He has identified the accused.
18. CW.9/PW.6 Arun kumar, in his evidence has stated that, while he was working as constable at Bengaluru City Railway 10 C.C.No.4110/2018 police station on 27.07.2017 at platform No.6, himself, PW.4, CW.11 and 12 arrested two ladies and produced them before CW.14. Accordingly, PW.4 has given a written report in this regard. He has identified the accused.
19. CW.11/PW.7 Smt.Pushpalatha, in her evidence has stated that, while she was working as WPC at Bengaluru City Railway police station on 27.07.2017, herself, PW.4, 5, 6, CW.10 and 12 were discharging their duties at platform No.5, when Chamundi Express reduced its speed. At that time, 2 ladies were having a baby with them. On enquiry they came to know that they do not possess any tickets or pass etc. On suspicion, they took them to police station and produced before CW.14. She has identified the accused.
20. CW.10/PW.8 Rajashekar.H, in his evidence has stated that, while he was working as Head Constable at Bengaluru City Railway police station on 27.07.2017, himself, PW.4 to 7, CW.12 were deputed to trace out the accused and the property. On the same day, when they were checking Chamundi Express 11 C.C.No.4110/2018 train at platform No.5, 2 ladies had a baby and their behavior was suspicious. On enquiry, they found that those ladies do not possess any tickets. Hence, they took them to the police station and produced them before CW.14. Accordingly, PW.4 has given a report in this regard. He has identified the accused.
21. CW.12/PW.12 Smt.Vijaya.R, in her evidence has stated that, while she was working as home guard at Bengaluru City Railway police station on 27.7.2017 at 6.15 p.m, herself, PW.4, 7, 8 and Renuka had been to checking work at Chamundi Express train. At 6.15 p.m., they noticed the suspicious behavior of 2 ladies. They observed them and on suspicion, they took them to Railway Police station. They did not give proper answers. On enquiry, one told her name as Jyothi and another told her name as Vasantha. She has identified the accused.
22. CW.13/PW.9 Malleshappa H.B, in his evidence has stated that, while he was discharging his duties as PSI at Bengaluru City Railway police station on 10.12.2016 at 3p.m., PW.1 along with 8 persons was boarding Tippu Express train from platform 12 C.C.No.4110/2018 No.8. At that time, somebody had snatched her 80 grams golden chain from her neck. Accordingly, at 3.30 p.m she gave written complaint. On the basis of which, he registered the case in Cr.No.325/2016 as per Ex.P.5. On the same day, at 3.45 p.m., to 4.20 p.m., he has drawn Ex.P.2 mahazar at the spot, which was shown by PW.1. On the same day, he deputed his staff to trace out the accused.
23. CW.14/PW.11 Bylanjaneya, in his evidence has stated that, while he was working as PSI at Bengaluru City Railway police station, his higher officer deputed him to seize the properties, which was sold by the accused to the shop of Sathyanarayana at Gavenahalli, Kasaba Hobli, Hassan. Accordingly, himself, two accused, CW.7 to 12 went to the shop of PW.10. They called PW.2 and 3 pancha witnesses and informed them, the reason for their visit. They agreed to be pancha witnesses. Accordingly, they went to the shop of PW.10 at 7 to 7.30 p.m., and asked him to return the jewels sold by the accused as, it was stolen property. The PW.10 by considering his request, handed over 80 13 C.C.No.4110/2018 grams of golden chain, 30 grams of golden necklace and 48 grams of golden mangalya chain, which was seized by drawing Ex.P.2 mahazar from 8 p.m to 10 p.m. The ornament with respect to the present case is seen in Ex.P.3 photograph. As per the orders of the court on 17.08.2017, he has released the said chain to PW.1 and at that time, Ex.P.3 photograph was taken. He has identified the accused.
24. CW.15/PW.13 V.S.Shiva Kumar, in his evidence has stated that, while he was working as Circle Inspector of Railways, Bengaluru City railway police station, he took the investigation of the case on 05.08.2017 from PW.11. On verification of the file, he found that the investigation is completed and accordingly on 25.10.2017, he submitted charge sheet against the accused.
25. On the basis of Ex.P.1 complaint given by PW.1, on 10.12.2016, the Bengaluru City Railway police have registered this case, investigated the matter and filed charge sheet against the accused. In Ex.P.1, the PW.1 has stated that while boarding 14 C.C.No.4110/2018 Tippu Express train on 10.12.2016 at 2.55 p.m., at platform No.8 of Bengaluru City Railway station some unknown persons snatched her 80 grams golden mangalya chain from her neck and accordingly she requested the police to trace out her mangalya chain. In Ex.P.1 the complainant has not given any description of the persons, who had snatched her golden mangalya chain from her neck. Moreover, in Ex.P.1 the complainant did not state that, she had seen 2 ladies at her back side, while boarding Tippu Express train along with her family members on 10.12.2016. She has not expressed any suspicion about the ladies, who were boarding the train on that day. Inspite of it, the PW.1 in her evidence has stated that, she had seen two ladies, when somebody had snatched her golden chain from her neck.
26. Though the PW.1 has not seen the persons, who snatched her chain while boarding the train, she has identified the accused before the court stating that they had snatched her chain. This appears to be suspicious. During the course of cross 15 C.C.No.4110/2018 examination, the PW.1 has stated that D ¸Àܼz À ° À è vÀÄA¨Á d£À¸A À zÀt EzÀÄÝ, vÀÄA¨Á d£ÀgÀÄ §AzÀÄ ºÉÆÃUÀÄwÛzÀÝgÀÄ JAzÀgÉ ¸Àj. AiÀiÁgÀÄ ªÀiÁAUÀ®å ¸Àgª À £ À ÀÄß QvÀÄÛ ºÉÆÃVzÀÝgÀÄ JAzÀÄ £À£U À É UÉÆvÁÛU° À ®è JAzÀgÉ ¸Àj. In continuation of her cross examination she has stated that À ÀÄß F ªÉÆzÀ®Ä J°èAiÀÄÆ £ÉÆÃr®è. From this version of PW.1, DgÉÆævÀg£ it can be gathered that she has identified the accused as per the sayings of the police and she had not seen them earlier.
27. Further, the PW.1 in her cross-examination has stated that her grandson has written Ex.P.1 and she does not know entire contents of Ex.P.1. the PW.2, PW.3 and PW.6 are seizure mahazar witnesses. The seizure mahazar is marked as Ex.P.4. The PW.2 in his evidence has stated that he has affixed his signature to Ex.P.4 and the police had informed him about the theft of 158 grams of gold ornaments. But, the PW.2 in his evidence has not stated that 158 grams of gold ornaments were seized in his presence from the shop of Sathyanarayana. Likewise, the PW.3 has also deposed that Ex.P.4 bears his 16 C.C.No.4110/2018 signature and the police had brought the accused to Gavenahalli in their departmental vehicle and the police have informed about the theft of 158 grams of gold and they have seized 158 grams of golden ornaments. But he did not say that, the police seized gold ornaments from the shop of Sathyanarayana. The PW.2 and 3 did not say that, they have signed Ex.P.4 at the shop of PW.10/Sathyanarayana.
28. The PW.10 in his evidence has stated that, the accused had sold gold ornaments to his shop and as per the demand of police, he had handed over those gold ornaments to the police. During the course of cross examination, the PW.10 stated that he is running petty shop from the last 30 years. He does not do gold business. He does not take any gold ornaments if, anybody intends to sell the gold. He does not know the names of the persons, who had given the ornaments to his shop. He cannot say the exact date, time, month or year when the gold ornaments were sold to their shop.
17 C.C.No.4110/2018
29. Though the PW.2 and 3 have identified their signatures found on Ex.P.4, they did not specifically state the place from which the police seized the gold ornaments at Gavenahalli, Hassan. Though the prosecution contends that the chain found in Ex.P.3 photograph was seized from the shop of PW.10, Ex.P.4 mahazar was said to be drawn at the house of PW.10. The PW.11 did not say anything about other 2 ornaments to whom it belonged.
30. The PW.10 did not depose anything about the amount which he had given to the accused, while purchasing the ornaments from the accused. As stated by the PW.10, if he had purchased gold ornaments from the accused, he ought to have stated the tune of amount, which he had paid to them. But, he did not say anything about that aspect.
31. The PW.10 is running a petty shop. How he can receive 158 grams of gold from the accused, who are not the residents of Gavenahalli. This aspect creates doubt in the mind of the court. When the PW.10 himself stated that he will not do any gold 18 C.C.No.4110/2018 business, how he can receive gold ornaments from any person, who are not the localites. Moreover, he does not know the name of the accused. Therefore, the evidence of PW.10 appears to be suspicious.
32. Though the police officials have deposed regarding the arrest of accused No.1 and 2 at Chamundi Express train on 27.07.2017 in the evening, there are no cogent evidence before the court to connect the accused with the alleged crime. Because, the PW.1 has not seen the accused,when she lost her gold chain while boarding the train. Though the PW.2 and 3 have identified the accused, they did not say that the gold chain was recovered from the shop of PW.10. The PW.2 and 3 have stated that they have signed Ex.P.4 at Gavenahalli. They did not say that the police seized gold ornaments from the shop of PW.10.
33. The version of PW.2 and 3 is not corroborative with the evidence of PW.10. Except the oral assertion of PW.10 that, he had given 158 grams of gold ornaments to the police, no 19 C.C.No.4110/2018 independent witnesses have supported his version. According to PW.2 and 3, the accused were sitting in the jeepat Gavrenahalli and 158 grams of gold ornaments was seized. But in the present case, there are no documents on record to hold that the accused had snatched golden mangalya chain from the neck of the complainant. It is pertinent to note here that, the accused are the residents of Kanakapura. The prosecution contends that, the accused sold the robbed gold ornaments to the shop of PW.10 at Gavenahalli, Hassan. The PW.10 says that he is acquainted with the accused as, they used to come to their shop for business. This version of PW.10 appears to be suspicious. Because, the accused are the residents of Kanakapura. They are no doing any business. Then why they will visit the petty shop of PW.10 at Gavenahalli, Hassan.
34. The police officials were deputed to trace out the accused in Cr.No.323/2017 and not in Cr.No.325/2016. If we read the oral evidence of PW.1 to 12 in comparison with each other, there is no link which connects the accused with the alleged crime and 20 C.C.No.4110/2018 recovery of gold ornaments from the shop of PW.10. As per the version of police officials, the accused No.1 and 2 were arrested on 27.07.2017. In the present case, this Court issued body warrant against the accused on 02.08.2017.
35. All the police officials in their evidence have stated that, the accused were found suspiciously at Chamundi express train and they were not having train ticket, plat form ticket or pass with them. It appears that, the accused intended to travel in Chamundi express train without taking ticket. It is not the case of the prosecution that, the accused gave voluntary statement stating that, they have sold the gold ornaments to PW.10 and hence PW.11 went to his shop at Gavenahalli, Hassan and recovered the gold ornaments. The PW.11 stated that he went to Gavenahalli as per the directions given by his higher officials to recover the gold ornaments.
36. There are no cogent evidence on record to connect the accused with alleged crime. In such circumstances, the evidence of PW.1 to 13 appears to be suspicious. From their evidence, the 21 C.C.No.4110/2018 charges leveled against the accused will not be proved. Hence, the prosecution has failed to prove that, the accused robbed the golden mangalya chain of the complainant, while she was boarding the Tippu Express train and it was recovered from the shop of PW.10 in the presence of pancha witnesses. In such circumstances, the prosecution has failed to prove the charges leveled against the accused. Accordingly, I answer point No.1 in Negative.
Point No.2: For the aforesaid reasons, I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 and 2 are acquitted from the charge of Sec. 392 r/w 34 of IPC.
The bail bonds executed by the accused stands cancelled.22 C.C.No.4110/2018
The property seized under P.F. No.52/2017 -MO.1 i.e., 80 grams golden mangalya chain is already released to the interim custody of the PW.1/complainant. That order is made absolute.
26.12.2022 [TATTANDA DAMAYANTI SOMAYYA] XLI ADDL.METROPOLITAN MAGISTRATE BENGALURU 23 C.C.No.4110/2018 ANNEXURE LIST OF WITNESSES EXAMINED FOR PROSECUTION:
PW.1 : Mahadevamma PW.2 : G.R.Purshottam PW.3 : Vasanth Kumar PW.4 : K.Kadappa PW.5 : Sathyappa Mukkannavar PW.6 : Arun Kumar PW.7 : Pushpalatha PW.8 : Rajashekar.H PW.9 : Malleshappa H.B PW.10 : Sathyanarayana PW.11 : Bylanjaneya PW.12 : Smt.Vijaya.R PW.13 : V.S.Shiva Kumar
LIST OF DOCUMENTS MARKED FOR PROSECUTION:
Ex.P.1 : Complaint Ex.P.1[a] : Signature of PW.1 Ex.P.2 : Spot mahazar Ex.P.2[a] : Signature of PW.1 Ex.P.2[b] : Signature of PW.9 Ex.P.3 : Photograph Ex.P.4 : Seizure mahazer Ex.P.4[a] : Signature of PW.2 24 C.C.No.4110/2018 Ex.P.4[b] : Signature of PW.3 Ex.P.4[c] : Signature of PW.10 Ex.P.4[d] : Signature of PW.11 Ex.P.5 : FIR Ex.P.5[a] : Signature of PW.9 LIST OF WITNESSES EXAMINED FOR THE ACCUSED : NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL PROPERTY MARKED ON BEHALF OF PROSECUTION : NIL .......................................................................................
Dictated on : 23.12.2022
Transcribed on : 24.12.2022
checked on : 26.12.2022
Signed on : 26.12.2022
[TATTANDA DAMAYANTI SOMAYYA]
XLI ADDL.METROPOLITAN MAGISTRATE
BENGALURU
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