Bangalore District Court
4. Name Of The Accused Srujan Suren vs Is Convicted on 12 January, 2017
IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.
Dated this the 12th day of January 2017.
Present: Sri.Mohamed Ashraf Aris, B.A., LL.B.
VIII ADDL.C.M.M., BENGALURU.
C.C. NO. 7935/2016
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 7935/2016
2. The date of 14/01/2016
commission of the
offence
3. Name of the State by Sanjay Nagar P.S.
complainant
4. Name of the accused Srujan Suren,
S/o. Preetham Masi Suren, 36
years, R/at : Agaram Bandh
Tolibandh Post Village, Simder
Dist., Jarkhand State.
5. The offence U/sec.457, 380 r/w 511 of
complained of or IPC.
proved
6. Plea of the accused Pleaded not guilty
and his examination
7. Final Order Acting U/sec. 248(2) Cr.PC
Accused is convicted.
8. Date of such order 12/01/2017
For the following:-
2 C.C. NO.7935/2016
JUDGMENT
This is the charge sheet filed by the PSI of Sanjay Nagar P.S. against the accused for the offence punishable U/sec.457, 380 r/w 511 of IPC.
2. The brief facts of the prosecution case are that:
On 14/01/2016 at about 1.30 p.m. at Nyayagrama House No.15, situated at Bellary Road, within the jurisdiction of Sanjay Nagar P.S., accused with dishonest intention committed lurking house tress-pass by breaking of backside out house door with an iron rod and made an attempt to commit theft of cash and thereby committed the alleged offence.
3. Accused is in judicial custody. Copies of the charge sheet papers were furnished to the accused. The accused pleaded not guilty to the charge read over to them. Prosecution examined PWs:1 to 5 and got marked Ex.P.1 to 4 and MO-1. Accused has been questioned u/sec. 313 of Cr.PC., accused has not led any defence evidence. 3 C.C. NO.7935/2016
4. Heard arguments from both the sides .
5. The points that arise for determination are as follows:
1) Whether the prosecution proves beyond all reasonable doubt on 14/01/2016 at about 1.30 p.m. at Nyayagrama House No.15, situated at Bellary Road, within the jurisdiction of Sanjay Nagar P.S., accused with dishonest intention committed lurking house tress-pass by breaking of backside out house door with an iron rod and made an attempt to commit theft of cash and thereby committed the offence punishable U/sec.457, 380 r/w 511 of IPC.?
2) What order?
6. The Answer to the above points are as follows:
Point No.1 In the Affirmative.
Point No.2 As per final order for the following:4 C.C. NO.7935/2016
REASONS
7. Point No.1:-
CW.1 has been examined as PW.1. He has stated in his evidence that he was posted as security in the house of Hon'ble Justice, Hon'ble High Court of Karnataka at Nyaya Grama and that on 13/01/2016 at about 1.30 a.m. when he was on duty he heard a sound from the backside of the house and when he was proceeding towards the said place, CW.2 and 3 who were deputed in the neighboring houses also accompanied him and he found one person holding an iron rod and was trying to break the backside outhouse door and when he tried to catch him, the said person tried to jump over the backside compound wall, which was of the height of 7 feet and in the process he fell down sustained injuries on the knees and face. He has further stated that informed the Sanjaynagar police and the police came to the spot and took the said person to the station and thereafter he lodged the complaint, which is marked as Ex.P1. Further, he has stated that on the next 5 C.C. NO.7935/2016 day police came to the spot and drew the mahazar as per Ex.P.2.
8.CW.2 has been examined as PW.2.He was the security in the neighbouring house. He has also deposed in the same manner as deposed by PW.1. They have identified the accused in the V.C. Their evidence shows that the accused tried to attempt to commit criminal tress pass with an intention of committing theft in the House No.15 of Nyayagrama, within the limits of Sanjay Nagar P.S. CW.3 has given up.
9.CW.7, who was the driver of Hoysala Van of Sanjay Nagar P.S. has stated about receiving message regarding the incident and that he along with CW.6 went to the said place and caught hold of the accused and took him to the hospital for treatment to the injuries sustained by him and thereafter took the accused before the SHO.
10.CW.8, who was the ASI of Sanjay Nagar P.S. has stated in his evidence that on 13/01/2016 when he was 6 C.C. NO.7935/2016 on SHO duty, CW.6 and 7 produced the accused before him at about 4.30 a.m. and that CW.1 submitted the complaint as per Ex.P1. He has stated about registering the FIR as per Ex.P3 and thereafter going to the spot and drawing the mahazar as per Ex.P2 from 8.30 a.m. to 9.30 a.m. He has stated that as per confession statement, he took the police to the spot and produced an iron rod, which is marked as MO-1. The portion of the confession statement is marked as Ex.P4.
11.Further, investigation has been done by CW.9. He has been examined as PW.5, who was the PSI of Sanjay Nagar P.S. He has stated about conducting further investigation and recording the statements of CWs.2 to 7 and filing the charge sheet.
12.The counsel for the accused has cross-examined the witnesses and has denied about the allegations made against the accused. Further, there is nothing elicited to disbelieve the evidence of these witnesses. But accused has 7 C.C. NO.7935/2016 been questioned U/sec.313 of Cr.PC through videoconference.
13.The evidence of PW.1 to 5 clearly establishes that the accused with an intention of committing theft in the House No.15, at Nyayagrama, Bellary Road, tress-passed into the said property by breaking the back side outhouse door with an iron rod and thereby committed the offences punishable U/sec. 457, 380 r/w 511 of IPC.
14.There are no reasonable grounds to disbelieve the evidence of the aforesaid witnesses. Hence, point is answered in the affirmative.
15. Point No.2:- In view of the findings on Point No.1, the accused is found guilty and is liable to be convicted. Hence, the following order is passed:
ORDER Accused found guilty for the offence punishable U/sec. 457, 380 r/w 511 of IPC.
To hear on sentence.
VIII Addl.C.M.M. Bengaluru.8 C.C. NO.7935/2016
ORDERS REGARDING SENTENCE Later on the Sr.APP submitted that the convict has committed the alleged offenses with the knowledge and intention and hence, the convict is to be severely punished.
The accused submitted that he is the sole bread earner of the family and he may be shown leniency and there is no any evidence on the part of the prosecution to prove that the accused is an earlier convict. Under the circumstances, I am of the opinion that some leniency requires to be shown to the accused. Being of the above opinion, I proceed to pass the following:-
ORDER Acting u/sec. 248(2) Cr.PC Accused - Srujan Suren is hereby convicted for the offences punishable U/sec. 457, 380 r/w 511 of IPC.
The accused is hereby sentenced to under go SI for a period of one year and he shall pay a fine of Rs.500/- and in default to pay the fine he shall further under go simple imprisonment for 5 days for the offence punishable u/sec.457 r/w 511 of IPC.
The accused is hereby sentenced to under go SI for a period of one year and he shall pay a fine of 9 C.C. NO.7935/2016 Rs.200/- and in default to pay the fine he shall further under go simple imprisonment for 2 days for the offence punishable u/sec.380 r/w 511 of IPC.
Both sentences shall run concurrently.
On perusal of the order sheet, it reveals accused is in custody since 14.01.2016. Further it reveals accused is already in jail more than 11 months 28 days. Hence, set off is given for the period, which accused has already undergone in the judicial custody.
Issue direction to jail authority to release accused on 15/01/2017, if he is not required in any other case.
The period of detention already under gone by the accused in J. C. is set off.
Seized property i.e., MO-1 being worthless, ordered to be destroyed after appeal period is over.
Copy of this judgment is directed to be given to the accused forthwith at free of cost. (Dictated to the stenographer, transcript thereof, corrected and then pronounced by me in the open court this the 12th day of January 2017.) (Mohamed Ashraf Aris) VIII Addl.C.M.M. Bangalore.10 C.C. NO.7935/2016
Annexure:
1.List of Witnesses examined on behalf of the prosecution: P. Ws:
1. Venkatesh
2. Sundar
3. Chandraiah
4. T.Nagaraj
5. K.R. Mestri Nayak.
2.List of Documents marked on behalf of the prosecution:- Ex.Ps:
1. Complaint
2. Spot mahazar
3. FIR
4. Portion of Confession statement of accused.
3.List of Material objects marked on behalf of the prosecution:-
MOs:
1. Iron Rod.
4.List of witnesses and documents marked on behalf of the accused: -NIL -
VIII Addl. C. M. M. Bengaluru.
11 C.C. NO.7935/201612 C.C. NO.7935/2016 13 C.C. NO.7935/2016