Bangalore District Court
State Of Karnataka By vs In A1. Rajendra @ Appu on 8 January, 2015
IN THE COURT OF FAST TRACK-XII,BANGALORE CITY
DATED THIS THE 8th DAY OF JANUARY, 2015
Present: Smt. Usharani, B.A.(Law),LL.B.,
Presiding Officer, F.T.C.-XII, Bangalore.
S.C.No.201/2012
Complainant: State of Karnataka by
Byappanahalli Police Station,
Bangalore City.
[Represented by Public
Prosecutor ]
- Versus -
-
Accused in A1. Rajendra @ Appu
S.C.No.201/12 S/o Late Narasimhaiah,
30 years, No.2373,
R.R.Floor Mill, Sanjeevininagara,
Sahakaranagara Post, Bangalore.
A2.Vinod,
S/o Arogya Raj,
23 years, Davis Road,
13th Cross, Tyanari Road,
Bangalore.
3. B.N.Mohan
(Dead)
Accused in 4. Salmoan
S.C.No.504/12 S/o Late Roabert
31 years, No.18, 20th Cross,
Giddappa Layout, Bangalore
(A1-KVSR, A2- PRB, A4-KR
Advocates)
2 S.C.Nos.201/2012
Date of commission of 21.3.2010
offence
Name of the Complainant Sri.Srinivas K.V.
Police Officer
Byappanahalli Police Station
Bangalore
Date of Arrest of accused
person
Date of release of accused 27-6-2012
persons
A1:
A2:
A4:
Charges against the u/s 399 and 402 of IPC & 3 r/w
Accused Persons 25 Arms Act
Date of Commencement 22-7-2014
of trial
Date of closure of trial 22-7-2014
Opinion of Court
JUDGMENT
The accused were charge sheeted by Police Sub Inspector, Byappanahalli Police Station, Bangalore for the offences punishable u/sec. 399 and 402 of Indian Penal Code& 3 R/w 25 Arms Act
2. The facts of the case are that:
3 S.C.Nos.201/2012
That on 3.8.2010 at about 8.15 p.m. accused No.2, 3 5 and 8 along with other accused persons armed with deadly weapons within the limits of Srirampuram Police Station in front of Krishna Flour Mill main road of Hanumanthappa Colony made preparation for committing dacoity and hence, accused have committed an offence punishable under Sec.399 and 402 of Indian Penal Code.
3. The Police Inspector of Central Crime Branch has filed charge sheet before the I ACMM, Bangalore and after taking cognizance of the offence, case was registered in CC No.23874/2011. The copies of prosecution papers were supplied to the accused person as required u/sec. 207 of Code of Criminal Procedure. Thereafter case was committed to court of Sessions on 1.12.2011 after splitting the case against accused No.1,4,6 and 7 with a direction to file separate charge sheet against them. Thereafter Hon'ble Sessions Judge assigned the case to this court for disposal in accordance with law by giving SC.No:10/2012 . Accused 2,3, and 8 are on bail. Accused No.5 is in JC. Accused 4 S.C.Nos.201/2012 No.2 is represented by Sri.KPR, Accused No.3 is represented by Sri.SVR, Accused No.5 is represented by Sri.GG and accused No.8 is represented by Sri.PRB.
4. After hearing both the sides, Charge was framed against the Accused Nos. 2,3,5 and 8 for the offences punishable u/sec. 399 and 402 of Indian Penal Code and read over to the accused. The accused Nos. 2, 3, 5 and 8 have pleaded not guilty of the offences and claimed to be tried by this court. Thereafter, case was posted for trial. During the course of trial prosecution has examined PW.1 and got marked MO.s 1 to 5 and then statements of the accused were recorded u/sec. 313 of Code of Criminal Procedure. The accused have denied all the incriminating evidences of prosecution witnesses and have led no defence evidence.
5. Heard the learned public prosecutor and the learned advocate for the accused and the matter was posted for judgment.
6. The following points arise for my consideration:
i. Whether the prosecution proves satisfactorily that accused No.1 & 2 along with 3 other accused persons on 21-3-2010 at about 3.00 a.m. 5 S.C.Nos.201/2012 within the limits of Byappanahali police station next to old post office, in front of NGEF, Bangalore assembled for the purpose of committing dacoity and thereby committed an offence punishable under 402 of Indian Penal Code?
ii. Whether the prosecution proves satisfactorily that on the same date, place and time you accused and along with other 3 accused persons made preparation for committing dacoity armed with deadly weapons i.e., is country made revolver and a packet of chilly powder there by committed an offence punishable under Sec.399 of Indian Penal Code?
iii. Whether the prosecution proves satisfactorily that on the same date, place and time you accused and along with other 3 accused persons found in possession country made gun and a pistol, without holding licence issued in accordance with the provision of arms act 1959, there by committed an offence punishable u/sec. 3 r/w 25 of arms acts 1959?
iv. What order?
7. From the available materials on record my findings to the above points are as follows:
Point No.1 : In the Negative Point No.2: In the Negative 6 S.C.Nos.201/2012 Point No.3 : As per the final order for the following:
REASONS
8. Point No.1 and 2 : The case of the prosecution is that CW.1 Police Inspector of Central Crime Branch on receipt of credible information on 3.8.2010 at about 8.15 p.m. that 7 to 8 persons armed with deadly weapons like Chilly powder, dragger making preparation for committing dacoity on Hanumanthappa Colony road in front of Krishna Flour Mill, he went to spot along with his staff, CW.4, CW.6 to 8 confirmed the information called the CW.2 and 3 conducted ride and caught hold of accused No.1, 2, 3, 4 and 5 thereafter he had seized weapons from their possession under Mahazar , returned to police station submitted report before CW.9 who had registered FIR. The CW.10 is the Police Inspector who has conducted part of the investigation and CW.11 is the Police Inspector who has concluded investigation and submitted charge sheet against the accused for the offence punishable under Sec.399 and 402 Indian Penal Code.
Inspite of several efforts to get prosecution witnesses by issuance of memo and show cause notice to 7 S.C.Nos.201/2012 Investigation officer only cW.5 has appeared before the court, who was examined as PW.1 in the case. The PW.1 is the police constable No.3494, who has corroborated the case of the prosecution by deposing that he had accompanied CW.1, near Krishna Flour Mill along with other staff where in they have found 7-8 persons making preparation for committing dacoity and hence, conducted ride and caught hold of five of them and seized four longs and chilly powder i.e. MO.1 to 5 from their possession. Thereafter took the accused persons to the police station and CW.1 had given report after producing them before the SHO, but the other staff who alleged to have accompanied PW.1 and the CW.1 remained absent before the court, panch witnesses were also not examined by the prosecution. The evidence of CW.1 was dropped since it was reported as he is dead. More over PW.1 has failed to give details of which staff caught hold of which accused and which accused was in possession of which weapon. Further he had also expressed ignorance about whether there were public on the road at the spot. Hence, it is not possible to 8 S.C.Nos.201/2012 believe the version of PW.1 and convicted the accused persons on his sole evidence.
Under these circumstances, I opine that prosecution has miserably failed to prove the guilt of the accused persons. Hence, accused are entitled for acquittal. Accordingly, I answer points No.1 and 2 in the Negative.
14. Point No.3:- For the foregoing reasons, I proceed to pass the following:
ORDER Acting under Section-235(1) of Code of Criminal Procedure, accused Nos.2,3,5 and 8 are acquitted of the offences punishable under Section 399 and 402 Indian Penal Code.
Their bail bonds and surety bonds stand cancelled.
Order on MOs 1 to 5 are kept in abeyance till the disposal of split up case against accused NOs.1,4,6 and 7.
Issue intimation to Jailer to release accused No.5 if he is not required in any other case.
(Dictated to the Judgment Writer, transcribed by her, script thereof revised, corrected, signed and then pronounced by me in the open Court on this the 8th day of January 2015).
(Usharani) Presiding Officer, F.T.C.-XII, Bangalore.9 S.C.Nos.201/2012
ANNEXURE THE WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION;
PW1 S.Manjunath PW2 Krishnamurthy
THE WITNESSES EXAMINED ON BEHALF OF THE ACCUSED ;
NIL THE DOCUMENTS MARKED FOR PROSECUTION;
Ex.P.1 Statement of CW3 Ex.P.1(a) Signature Ex.P.1(b) Signature of Ex.P.2 Statement Ex.P.3 & 4 Photos Ex.P.5 One C.D. Ex.P.6 Statement of P.W.2
THE DOCUMENTS MARKED FOR DEFENCE;
Nil List of Mo's :
M.O.1 : country made pistol M.O.2 : country made revolver M.O.3 : country made Gun M.O.4 : Macchu M.O.5 : Macchu M.O.6 : Chilly Powder pocket M.O.7 : Two empty Bottle M.O.8 : Plastic dispo (Usharani) Presiding Officer, F.T.C.-XII, Bangalore.