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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.55023/2016
     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
                              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. 380 of IPC.

2. The brief facts of the case is as under:

That on 05-08-2013 at about 07.30 AM when CW.1 from his house No. 605, 2nd G Cross, 06th Main Road, HRBR Layout 1st block, went to leave his daughter to college, at that time you A.3 along with absconding A.2 and deceased A.1 had entered the said dwelling house of CW.1 and committed theft of 40 grams gold chain, three finger rings, three pair ear olle and one HP Laptop in all worth Rs. 80,000/- belonging to CW1 which he noticed on his return at 10.00 AM and thereby committed an offence punishable under section 380 of IPC.

3. On the basis written information given by the CW.1, Cr. No.497/2013 is registered by Banaswadi police for the offences punishable u/S. 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 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 3 CC No.55023/2016 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. 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 1 witness as PW.1 and no documents are marked. 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 05-08-2013 at about 07.30 AM when CW.1 from his house No. 605, 2nd G Cross, 06th Main Road, HRBR Layout 1st block, went to leave his daughter to college, at that time you A.3 along with absconding A.2 and deceased A.1 had entered the said dwelling house of CW.1 and committed theft of 40 grams gold chain, three finger rings, three pair ear olle and one HP Laptop in all worth Rs. 80,000/- belonging to CW1 which he noticed on his return at 10.00 AM and thereby committed the offence punishable u/S.380 of IPC? 4 CC No.55023/2016

2. What order?

7. My answer on the above points:

Point No.1 - In the Negative, Point No.2 - As per final order, for the following;

REASONS

8. POINT NO.1 : It is the case of the prosecution that on 05-08-2013 at about 07.30 AM when CW.1 from his house No. 605, 2nd G Cross, 06th Main Road, HRBR Layout 1st block, went to leave his daughter to college, at that time you A.3 along with absconding A.2 and deceased A.1 had entered the said dwelling house of CW.1 and committed theft of 40 grams gold chain, three finger rings, three pair ear olle and one HP Laptop in all worth Rs. 80,000/- belonging to CW1 which he noticed on his return at 10.00 AM and thereby committed an offence punishable U/s 380 of IPC.

09. In order to prove its case, prosecution has examined CW.10 as PW.1, wherein he 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 question of the prosecution, there is no doubt that, he has produced accused before the court as well as IO, but it is noticed the there is no 5 CC No.55023/2016 evidence of the complainant, eye witnesses, Mahazar witnesses and also the I.O, further it is notice that, seizer of the stolen articles from the custody of the accused is not proved.

10. 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 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.

11. 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.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.

ANNEXURE-I List of witnesses examined on behalf of the Prosecution:

PW.1 Mehaboob Sowdaar List of witnesses examined on behalf of the Defence:

-NIL-

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.

(Judgment pronounced in Open Court vide a separate) ORDER Acting u/S.248(1) of Cr.P.C. accused No.3 is acquitted for the alleged offences punishable u/S.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.

XI Addl.C.M.M.,Bangalore City.