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Bangalore District Court

State Of Karnataka vs Ramesha @ Aids Ramesha on 20 September, 2016

    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 20th day of September, 2016

           SESSIONS CASE No.903/2015 &
                    452/2016


Complainant :          State of Karnataka
                       By Kamakshipalya P.S.

                       (By Learned Public Prosecutor )

                              -V/S-

Accused          :     1. Ramesha @ Aids Ramesha,
In SC No. 903/2015     s/o Ramanna,
                       gadabout 29 years,
                       r/at Near Raghavendra Mutt,
                       8th cross, Kalidasa layout,
                       Srinagar, Bangalore.

                       2. Deepu s/o Yogesh,
                       Aged about 25 years,
                       r/at No. 115, 4th cross,
                       near Bangalore Club,
                       C.K.Achukattu, Bengaluru.

                       3. Chandan Singh @ Chandan,
                       s/o Mohan Singh,
                       aged about 22 years,
                       r/a No. 5, Ramappa Ashrama,
                       A cross, Near Sharadha Colony,
                                 2                S.C.No.903/2015 &
                                                          452/2016

                         Byatarayanapura, Mysore road,
                         Bengaluru.

                         4. Mallesha s/o Annayyappa
                         Aged about 25 years,
                         r/at near Eshwara Temple,
                         8th cross, I main, Bapujinagar,
                         Mysore road, Bengaluru.

Accused in               5. Srinivas @ Seena
SC No. 452/2016          @ Laggere Seena
                         s/o Thimmegowda, 31 years,
                         near Gangondanahally circle,
                         Lakshmipura, Kachonahally road,
                         Bangalore North.

1.    Date of commission of offence          :   12.1.2015

2.    Date of report of occurrence           :   12.1.2015

3.    Date of commencement of evidence       :   28.1.2015 in SC
                                                 No.903/15
                                                 8.7.2016 in SC
                                                 No. 452/2016
4.    Date of closing of evidence            :    1.9.2016

5.    Name of the complainant                :   Mahesh

6.   Offence complained of                  :   U/s 395 and 397
                                                of IPC
7.   Opinion of the Judge                   : Charge not proved.

                  : COMMON JUDGMENT :
      These two cases have been arisen out of common crime No.

23/2015 of Kamakshipalya P.S. In order to avoid the repetition
                                3               S.C.No.903/2015 &
                                                        452/2016

of work the common judgment has been passed as the evidence

adduced by the prosecution is common in both cases.

      2. This Charge Sheet is filed by the Police Inspector of

Kamakshipalya Police Station, against accused for the offence

punishable Under section 395 and 397 of IPC.

      3. It is the case of the prosecution that on 12.1.2015 at

about 21.45 hours at SM Technologies Cartridge Refilling Shop,

near Bus Stop, Neelgiri Thop, Hegganahalli road, when CW. 1 was

talking with CW. 2 to 6 suddenly the accused armed with deadly

weapons entered the shop by coming through Autorickshaw

bearing No. KA-05-B-5843 and KA-02-AD-4485 and closed the

shutters of the shop    and A2 threatened them        by showing

dragger and A1 by pointing dragger to CW 1 snatched one HTC

mobile and cash of Rs. 4000/- and A3 by pointing dragger

robbed one Samsung mobile and cash of Rs. 1500/- from CW 5

and A6 shown knife and robbed cash of Rs. 1500/- from CW.3

and A4 and A5 robbed one Samsung mobile from CW.2 by

showing knife, A1 shown dragger to CW.4 and robbed Samsung

mobile and   A2 assaulted through dragger to CW.6         and A1

robbed gold chain from CW.6 and after doing the said act all the

accused left the spot through the autorickshaws.      Accordingly

CW 1 lodged complaint against the accused for the offence

punishable U/Secs. 395 and 397 of Indian Penal Code. The police

have filed the charge-sheet after detailed investigation against

the accused No.1 to 4 by showing A5 and A6 are absconding with
                               4               S.C.No.903/2015 &
                                                       452/2016

a request to file a separate Charge Sheet against them after

tracing.

      4. The committal court after taking cognizance of the

charge-sheet registered in C.C. No.10022/2015 against accused

No.1 to 4 and in CC No. 2678/2016 against A5 committed the

case for trial under Sec. 209 of Code of Criminal Procedure,

after complying the provision of Sec. 207 of Code of Criminal

Procedure to Session court. In pursuant to the committal order,

on committal of the case,   case against A1 to 4   came to be

registered as SC No. 903/2015. After securing the presence of

A5 a split case was registered and then committed to this Court

which came to be numbered as SC No. 452/2016.       These two

cases have been made over to this Court for trial in accordance

with law. At the time of committal the accused were in judicial

custody. After hearing the prosecution and accused, my

predecessor has framed the charge for the offence u/sec. 395

and 397 of IPC against A1 to A4. The charge was read over and

explained to the accused. The accused have pleaded not guilty

and claims to be tried. Again the Charge was framed against A5

after hearing both the counsels. The A5 also pleaded not guilty

and claimed to be tried.

      5. The   Prosecution in all examined 12 witnesses as PW.1

to 12 and got marked 23 documents exhibited as Ex.P1 to P.23

and also got marked 10 material objects as MO.1 to 10 in SC

No.903/2015 and also examined 9 witnesses as PW. 1 to PW 9
                                  5                S.C.No.903/2015 &
                                                           452/2016

and got marked Ex.P.1 to Ex.P.22 in SC No. 452/2016. Even after

providing sufficient opportunity prosecution not able to secure

CW 5, 7 to 15. Hence they were dropped. CW. 16 is given up by

the prosecution and so also CW. 21 and 23. After the completion

of prosecution side evidence, the statement of the accused

U/Sec. 313 of Cr.P.C is      recorded.    The accused denied all

incriminating evidence adduced against them as false and total

denial is their defence.

      6.     Heard the arguments of learned public prosecutor

and defence counsel.


      7.     Perused the papers.


      8.     In the light of above materials, following points fall

for decision making of this court:-


             1. Whether the prosecution proves beyond
                all reasonable doubt that on 12.1.2015 at
                about 21.45 hours at SM Technologies
                Cartridge Refilling Shop, near Bus Stop,
                Neelgiri Thop, Hegganahalli road, when
                CW. 1 was talking with CW. 2 to 6 suddenly
                the accused armed with deadly weapons
                entered the shop by coming through
                Autorickshaw bearing No. KA-05-B-5843
                and KA-02-AD-4485 and          closed the
                shutters of the shop and A2 threatened
                them by showing dragger and A1 by
                pointing dragger to CW 1 snatched one
                HTC mobile and cash of Rs. 4000/- and A3
                by pointing dragger robbed one Samsung
                                    6               S.C.No.903/2015 &
                                                            452/2016

                mobile and cash of Rs. 1500/- from CW 5
                and A6 shown knife and robbed cash of Rs.
                1500/- from CW.3 and A4 and A5 robbed
                one Samsung mobile from CW.2 by showing
                knife, A1 shown dragger to CW.4 and
                robbed Samsung mobile and A2 assaulted
                through dragger to CW.6 and A1 robbed
                gold chain from CW.6 and after doing the
                same all the accused left the spot through
                the autorickshaws and thereby committed
                the offence punishable u/sec. 395 of IPC.

             2. Whether the prosecution proves beyond all
                reasonable doubt that on the above said
                date, time and place all the accused used
                deadly weapon and caused grievous hurt to
                CW.6 Mahesh and thereby committed the
                offence punishable u/sec. 397 of IPC?



             3. What order?


      9.     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,
for the following:-

                        : R E A S O N S :

      10.    POINT NO.1 and 2 :-             As per the canon of

criminal jurisprudence of our nation, prosecution has to bring

home alleged guilt of accused with production of cogent and
                                 7               S.C.No.903/2015 &
                                                         452/2016

satisfactory evidence. Case of the accused is a total denial of

the version of prosecution. Prosecution to bring home guilt of

accused got examined 12 witnesses in SC No. 903/2015 and 10

witnesses in SC No. 452/2016.

      11.   PW.1/PW.1     Mahesh,    PW.2    Girish,   PW.3/PW.5

Veerbhadrappa,    PW.4/PW.2 Balkrishna, PW.5/PW.3 Mahesh

have deposed that on 12.1.2015 at about 9.00 p.m. when they

were at SM Technology shop and were talking with each other

alongwith CW.5, about 6 persons entered the shop and one of

them by showing the knife snatched Rs. 4000/- and HTC mobile

from PW.1 Mahesh, two mobiles and cash of Rs. 700-800/- from

PW.2 Girsh,   Rs. 1500/- from PW.3/PW.5 Veerbhadrappa, and

they assaulted Mahesh with knife and also snatched two Samsung

mobile from PW.2 Girish, two mobiles and cash of Rs. 9700/-

from PW.4/PW.2 Balkrishna and gold chain from Mahesh and

they assaulted Mahesh with dragger and left the spot.

Thereafter Mahesh took treatment at         Kavitha Hospital and

from there he was shifted to Jayashree Nursing Home. They

further deposed that they do not know the numbers of the

autorickshaw and they do not know the face cut of that persons.

They have not identified the accused persons before the Court.

PW. 1 lodged complaint as per Ex.P.1, but he deposed that he do

not know the contents of Ex.P.1. PW. 1 admitted his signature

on Ex.P.3 and after one week from the date of incident the police

called them and shown the mobiles and they identified the
                                 8               S.C.No.903/2015 &
                                                         452/2016

mobiles and they have not identified the photos of the autos.

The mobile belong to PW. 1 is marked as MO.1 and the mobile

belong to Girish is marked as MO.2, the mobile belong to

Shashikumar is marked as MO.3, the mobiles            belong to

Balkrishna are marked as MO.4 and 5.      The witnesses turned

hostile, not supported the case of the prosecution. In the cross

examination the statement of PW. 2 is marked Ex.P.7, statement

of PW.3 is marked as Ex.P.4, statement of PW. 4 is marked as

Ex.P.5, statement of PW. 5 is marked as Ex.P.6. The evidence of

these witnesses not supported the case of prosecution rather it

goes against to the root of the prosecution case. None of the

witnesses have identified the accused persons before the court

eventhough they identified the accused before the Executive

Magistrate during the test identification parade.

      12. PW.6 Shivanna, the P.C of      Kamakshipalya P.S. has

deposed that he alongwth CW 14 to 16 were deputed to trace

the accused and accordingly on receipt of credible information

they reached Sunkadkatte pipeline road and caught hold Ramesh

and Mallesh, Ramesh was holding dragger, Mallesh was holding

one knife and 4-5 mobiles and two gold chain pieces were found

in a plastic cover which was kept in the Auto No. KA-02-AD-

4485. Accordingly they brought them alongwith the auto to the

P.S. and produced before CW.22 and CW.14 Naganna submitted

report in this regard which is marked as Ex.P.8. The witness

identified the accused and the dragger and knife which are
                                   9               S.C.No.903/2015 &
                                                           452/2016

marked as MO.7 and 8, and also identified MO 6 the gold chain,

MO.2 to 5 the mobile phones. In his cross examination he admits

that I O has not given any physical and facial features of the

accused or the photo of the accused and he has not conducted

any mahazar and he also admits that he has not able to depose

any     special   features   of   the   accused   regarding   their

identification. Though evidence of this witness is believeable as

he has discharged his duty in his official capacity, that itself not

suffice to hold that         the accused before the court have

committed the alleged offence. The recovery witnesses are not

produced before the court for examination and opportunity has

not been provided for the defence counsel to test their veracity.

        13. PW.7/PW.4 Dr. Kavitha has deposed that on 12.1.2015

she treated Mahesh who came with the history of assault with

dragger and she found lacerated injury on stomach measuring

3X1 cm      and injury on    left thumb measuring 3X1 cm and a

lacerated injury on left shoulder measuring 2 X 1 cm and blood

was oozing. She deposed that she entered the same in MLC. The

requisition of the police is marked as Ex.P.9 and the wound

certificate is marked as Ex.P.10. She further deposed that the

injuries found on the stomach were serious injuries and the

injuries found on the hands were simple injuries. She further

deposed that the above said injuries may cause with dragger

MO.8.     In the cross examination by the defence counsel she

admitted that she had not mentioned the nature of injuries in
                                 10               S.C.No.903/2015 &
                                                          452/2016

Ex.P.10 and the police have not obtained any opinion from her

regarding dragger. She denied the suggestions put by defence

counsel. PW. 10/PW.8 Dr. Raju K is another doctor who gave the

treatment to the injured. He deposed that on 12.1.2015 at about

11.00 p.m. he treated PW. 1 Mahesh who brought with the history

of assault and after getting first aid treatment Mahesh gone to

other hospital for further treatment. In this regard he gave

report as per Ex.P.13, Ex.P.13(a) is his signature. After obtaining

preliminary treatment from PW. 7 and 10 the injured has got

admitted in Jaishree hospital where PW.12/PW.10 Dr. Ramdev

treated him. He has deposed that on 13.1.2015 at about 4.00 he

treated the victim Mahesh who was brought by        PW. 5 and he

found that initially the injured obtaining treatment from other

hospital and later came to their hospital and he also found 3.8

cm X 2 cm wound on stomach and blood was oozing and there was

swelling and he also found injury on left hand and left thumb. He

further deposed that after giving anesthesia they put stitches

on stomach and treated the wound and put pressure bandage and

after 3 days the patient was discharged on 16.1.2015. The wound

certificate is marked as Ex.P.16 and Case Sheet is marked as

Ex.P.17. He further deposed that the injuries were fresh and

the injury found on stomach was serious in nature and remaining

injuries were simple in nature. He further deposed that the

injuries stated above may cause with MO.7 and 8. In cross

examination he denied that he has not given treatment to the

patient and he admitted that there is no entry in the Wound
                                11               S.C.No.903/2015 &
                                                         452/2016

Certificate    regarding who assaulted the victim.      He also

admitted that the patient was in a position to talk and there

was no difficult to obtain assailants name from the victim. He

admitted that he has not given Medico Legal Case entry to the

police. He denied that     the victim Mahesh has not obtained

treatment from their hospital. Though evidence of these three

witnesses is believeable regarding the injuries sustained by the

victim Mahesh none of the witnesses and even the injured are

not deposed before the court regarding who has committed the

said injuries to him and the said accused are also not identified

before the court.    Hence this part of evidence eventhough

supports the prosecution does not helps in holding that the

accused     are responsible for the said incident and causing

injuries.

       14. PW. 8/PW.6 Prathap witness to the spot mahazar as

per Ex.P.2 and PW.9/PW.7 Sunil,       witness to the recovery

mahazar Ex.P.11 have deposed that they put their signatures at

P.S. on a paper, but they do not know the contents of it, the

signature of the witnesses is marked as Ex.P.2(c) and Ex.P.11(a)

respectively. The witnesses turned hostile, not supported the

case of the prosecution.   In the cross examination also    they

have   not supported the case of the prosecution.     PW. 9 not

identified the accused before the court.          In the cross

examination the statement of PW. 9 is marked as Ex.P.12. In a

criminal case panch witnesses are most important witnesses in
                                 12             S.C.No.903/2015 &
                                                        452/2016

connecting the crime and the accused and also crime scene. But

these two witnesses have not supported the case, hence it is

fatal to the case of the prosecution.

      15. PW.11/P.W.9 Gnanamurthy T.N., the then PSI of

Kamakshipalya P.S. has deposed that on 12.1.2015 at about 11.30

he received the complaint from PW.1 and prepared the FIR and

submitted to the Court, the complaint is marked as Ex.P.1, and

the FIR is marked as Ex.P.14 and on the same day recorded the

statements of PW.2 to 6 and conducted mahazar in the presence

of Girish, Prathap, Krishnamurthy which is marked as Ex.P.2 and

on 15.1.2015 deputed the CW. 13 to 15 to trace the accused and

also the robbed articles. Accordingly CW. 13 to 15 have traced

and produced A2 and A3 with autorickshaw No. KA-05-B-5843

and two draggers and submitted their report as per Ex.P.15. He

further deposed that he recorded the voluntary statement of

the accused and subjected the auto and the dragger to PF No.

18/15, the auto and the dragger are marked as MO.7 and 8. He

recorded the statement of CW.13 to 15. On 18.1.2015 deputed

CW.14 to 17 to trace remaining accused and at about 9.00 p.m. on

the same day CW. 14 to 17 traced and produced A1 and A4

alongwith Auto No. KA-02-AD-4485 and two gold chain pieces

weighing 16 grams and one knife, one dragger, HTC mobile, 4

Samsung mobiles. They submitted the report as per Ex.P.8. He

further deposed that he subjected the above articles to PF No.

21/2015. He    deposed that he seized two draggers, one auto
                               13               S.C.No.903/2015 &
                                                        452/2016

from accused Chandansingh and Deepu under mahazar Ex.P.11

and he seized the knife and dragger which are marked as MO.9

and 10, the HTC mobile which is marked as MO.11, 4 Samsung

mobiles which are marked as MO.2 to 5 from the accused

Ramesh and Mallesh and he identified the gold chain before the

court. He seized the above articles under mahazar Ex.P.19 in the

presence of panchas Dhanush and Eshwar. He recorded the

statements of panchas and complainants. On 19.1.2015 A1

Ramesh, A4 Mallesh have been produced before the court and on

21.1.2015 he called PW.1 to 5 and CW 5 and shown the seized

articles and the vehicles and weapons and after they identified

the same he recorded their statements and on 23.1.2015 he

issued requisition as per Ex.P.20 and 21 to issue wound

certificate of Mahesh. He received the report from Kavitha

Hospital which is marked as Ex.P.10 and also received the report

from Lakshmi Hospital as per Ex.P.13 and also received the

report from Jayashree Hospital as per Ex.P.16. He further

deposed that on 23.1.2015 he made submission to the Court to

conduct test identification parade as per the letter which is

marked as Ex.P.22   and   accordingly on 26.3.2015 the   Taluka

Magistrate    conducted test identification parade and the

complainant, PW 2 to 5 and CW. 5 identifieeeeed the accused,

they given their statement as per Ex.P.4, Ex.P.5 and Ex.P.7

respectively and on 27.3.2015 he handed over the further

investigation to CW.23. He further deposed that the photos of

autorickshaw bearing No. KA-05-5843 is marked as Ex.P.23 and
                                 14               S.C.No.903/2015 &
                                                          452/2016

the said autorickshaws were produced by A2 and A3 and he

identified the accused before the          Court. In his cross

examination he admits that pancha witnesses are not the locals

and they are the friends of complainant and he admits that he

has not collected the blood stains present in the spot and he

also admits that he has not obtained the permission from the

Doctor and also not certified regarding his condition for giving

statement and he admits that his staff are not recorded the

mahzar to seize and arrest the accused at the spot itself and he

also admits that he has seized the articles in the P.S. itself and

he has not obtained the signature of the panchas on the seized

articles. He further admits that he has not enquired with the

owners of the mobiles seized, the autorickshaw and he has not

seized the blood stained clothes of PW.5 and he has also not

made Dr.Giridhar who treated the victim in Lakshmi Nurshing

Home as witness and he deposed that he unable to say where he

obtained the statement of injured out of 3 Hospitals in which he

took the treatment.    From these admissions the fairness and

transparency of investigation is not followed by the IO.      The

admissions of victim also shows that he has not followed the

procedure of law regarding conducting of mahzar, taking

statement of the injured in the hospital and also investigation.

      16. On careful analysis of the entire evidence adduced by

the prosecution, the victim and other eye witnesses of the

prosecution have not supported the case           in its material
                                    15              S.C.No.903/2015 &
                                                            452/2016

particulars. They have not identified the accused and clearly

deposed in their chief examination that some 6 persons came and

assaulted them and robbed their articles, but the accused

before the      Court are not those     persons.   Hence the direct

evidence of the prosecution witnesses to connect the accused to

the alleged crime is not forthcoming. Further by indirect method

the Investigating Authority can also connect the accused to the

crime by way of recoveries.         Regarding the proving of the

recoveries the examined pancha witnesses turned hostile and the

other pancha witnesses have not been examined by the

prosecution even after providing sufficient opportunity. Hence

non examination of other panch witnesses to prove the

recoveries is fatal to the case of the prosecution. The entire

evidence of the prosecution witnesses is not sufficient to hold

that accused are guilty and they have committed the offence as

alleged. Accordingly this Court can safely hold that, the

prosecution has     miserably failed to      establish the charges

leveled     against the accused.    Hence the evidence on record

creates doubt regarding the commission of the alleged offence

by the accused. Therefore, the benefit of doubt is extended to

the accused as they deserves for it. Accordingly the accused

deserves for acquittal. Hence point no.1 and 2 are answered in

the negative.

      17.      POINT NO.3:-        In the light of findings, on above

points accused to be acquitted for the offences U/Sec. 395 and
                                  16              S.C.No.903/2015 &
                                                          452/2016

397 of Indian Penal Code. Accordingly, this court proceeds to

pass the following:-

                            O R D E R

In exercise of power vested with this court U/Sec.235(1) of Criminal Procedure Code, it is ordered that accused No.1 to 4 and 5 are acquitted for the offences punishable U/Sec. 395 and 397 of Indian Penal Code.

Accused are set at free for the said offences.

Bail bond and surety bond stands cancelled. The Central Jail authorities are directed to release A1 to A4 in SC No. 903/2015 and A5 in SC No. 452/2016 who are in judicial custody, if their custody is not required in any other cases.

Issue release order.

All the MOs are ordered to be preserved till disposal of split up case to be registered against A6.

Keep the original judgment in SC No. 903/2015 and the copy thereof in SC No. 452/2016. (Typed to my online dictation by the J.W., corrected and then pronounced by me in the open court on this the 20th day of September, 2016.) (T.P.Ramalinge Gowda) LXIX Addl.C.C. & Sessions Judge, Bengaluru.

17 S.C.No.903/2015 &

452/2016 ANNEXURE LIST OF WITNESSES EXAMINED FOR PROSECUTION PW1/PW.1 Mahesh PW2 Girish PW3/PW.5 Veerbhadrappa PW4/PW.2 Balkrishna PW5/PW.3 Mahesh s/oShankarappa PW6 Shivanna PW7/PW.4 Dr. Kavitha PW8/PW.6 Prathap PW9/PW.7 Sunil PW10/PW.8 Raju PW11/PW.9 Gnanmurthy PW12/PW.10 Dr. Ramdev LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION IN SC NO. 903/2015:

    Ex.P.1           Complaint
    Ex.P 2           Spot mahazar
    Ex.P 3           2nd Notice
    Ex.P4            Statement of PW.3
    Ex.P.5           Statement of PW.4
    Ex.P.6           Statement of PW.5
    Ex.P.7           Statement of PW.2
    Ex.P.8           Report
    Ex.P.9           Requisition letter
    Ex.P.10          Medical report
    Ex.P.11          Seizure mahazar
    Ex.P.12          Statement of PW.4
    Ex.P.13          Statement of PW.4
    Ex.P.14          FIR
    Ex.P.15          Report
    Ex.P.16          Wound certificate
    Ex.P.17          Case sheet
    Ex.P.18          Photograph of autorickshaw
                          18               S.C.No.903/2015 &
                                                   452/2016

    Ex.P.19         Seizure mahazar
    Ex.P.20         Request letter
    Ex.P.21         Request letter
    Ex.P.22         Requisition for test identification parade
    Ex.P.23         Photo of autorickshaw



LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION IN SC NO. 452/2016:

Ex.P.1 Copy of Complaint Ex.P 2 Copy of Spot mahazar Ex.P.3 Copy of Statement of witness Ex.P.4 Copy of Statement of Balkrishna Ex.P.5 Copy of Statement of Mahesh Ex.P.6 Copy of requisition letter Ex.P.7 Report of Kavitha hospital Ex.P.8 Report of Kavitha hospital Ex.P.9 Statement of PW.5 Ex.P.10 Copy of Seizure mahazar Ex.P.11 Copy of Statement of witness Ex.P.12 Copy of Letter of Lakshmi Hospital Ex.P.13 Ex.P.14 FIR Ex.P.15 Report Ex.P.16 Wound certificate Ex.P.17 Case sheet Ex.P.18 Photo of autorickshaw Ex.P.19 Seizure mahazar Ex.P.20 Requisition letter Ex.P.21 "
Ex.P.22 Requisition for test identification parade LIST OF MATERIAL OBJECTS MARKED FOR PROSECUTION:NIL MO.1 : HTC mobile MO.2 to 5 : Samsung mobile MO.6 : gold chain 19 S.C.No.903/2015 & 452/2016 MO.7 : dragger Mo.8&9 : two knives MO.10 : one dragger LIST OF WITNESSES EXAMINED & DOCUMENTS EXHIBITED FOR ACCUSED : Nil (T.P.Ramalinge Gowda) LXIX Addl.C.C. & Sessions Judge, Bengaluru.
20 S.C.No.903/2015 &
452/2016 Judgment pronounced in the open court, vide separate Judgment O R D E R In exercise of power vested with this court U/Sec.235(1) of Criminal Procedure Code, it is ordered that accused No.1 to 4 and 5 are acquitted for the offences punishable U/Sec. 395 and 397 of Indian Penal Code.
Accused are set at free for the said offences.
Bail bond and surety bond stands cancelled. The Central Jail authorities are directed to release A1 to A4 in SC No. 903/2015 and A5 in SC No. 452/2016 who are in judicial custody, if their custody is not required in any other cases.
Issue release order.
All the MOs are ordered to be preserved till disposal of split up case to be registered against A6.
LXIX Addl.C.C. & Sessions Judge, Bengaluru.
21 S.C.No.903/2015 &
452/2016 22 S.C.No.903/2015 & 452/2016