Bangalore District Court
State By Jeevanbhimanagar P.S vs Split Up on 13 January, 2016
IN THE COURT OF THE V ADDL. CMM., AT BENGALURU.
Dated this the 13th day of January 2016
Present: Sri A.Somashekara, B.A.L., LL.M.,
V Addl., C.M.M Bangalore.
CC No.8111/2001
Complainant State by Jeevanbhimanagar P.S.,
(By Sr.APP B'lore)
V/s.
Accused 1.Split up
2.S. Kirhsnappa S/o Sonnegowda,
33 Yrs.,
R/o Honnaghatta, Kasaba Hobli,
Kodigehalli Post, Doddaballapur Tq.,
3.Aralamallige Nagaraj
R/o Aralamallige Village,
Doddaballapur Tq.,
4.Anjanappa S/o Chikkappa,
Nagadasanhalli, Rajagunte Post,
Bangalore North Tq.,
(By Sri SS, Advocate)
JUDGMENT AS PER SEC.355 Cr.P.C.,
1. Serial Number of the case : CC No.8111/2001
2. Date of the commission of the
offence : 19.10.1999
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3.The name of the complainant : Sri Pornachai C
4.Name of the accused persons
and their parentage and residence : As stated above.
5.the offence complained off : Sec.409 and 506 r/w Sec.34 of IPC
and proved
6.The plea of the accused and Pleaded not guilt and denied
their examination : the incriminating evidence.
7.The final order : Acquitted
8.The date of such order : 13.01.2016.
Initially the present case was pending before the IV Addl.,
CMM Court, Bangalore City. However, by virtue of Notification
issued by the Hon'ble Principal City Civil and Sessions Judge,
Bangalore City, No.53/2010 dt., 21.01.2010 the present case is
transferred to this court.
This case has been registered against the accused for the
offences punishable U/s.120-B, 107, 379, 391, 404, 405, 413,
420, 441, 464 and 506 r/w Sec.34 of IPC based on the private
complaint submitted by the complainant-Chaoren Pokphand
(India) Pvt., Ltd., Rep., by its Sr. Marketing Manager-Pornchai C
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U/s.200 of Cr.P.C., Subsequently, this case has been transferred
to CCB, Bangalore, to make investigation and to submit his
report. Accordingly, Police Sub-Inspector, CCB, F and M Squad,
Bangalore, has got registered a case on the basis of said private
complaint in Crime No.27/2000 of Jeevanbhimanagar P.S., for the
offences punishable U/s.379, 391 404 405 413 420 441 464
506r/w Sec.34 of IPC and Sec. 107 and 120B of IPC, and
conducted the investigation and has submitted charge sheet
against the accused persons for the offences punishable U/s.409
and 506 r/w Sec.34 of IPC.
THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief as set out in Cl. No.7 of
charge sheet is that the accused No.4 on 19.10.1999 received
3565 days old broiler chicks from the complainant company-
Chaoren Pokphand (India) Pvt., Ltd., on the agreement for
rearing poultry and to return the same after 45 days to the
complainant company by receiving 30% Commission, and
received free Medicine, Feed, and Drinks, and started to rearing
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the chicks in the poultry farm of accused No.4 situated at Survey
No.49, Nagadasanahalli, Doddabalapura Tq., Bangalore. The
accused No.4 as per the hatched plan with accused No.1, gave
the shed to accused No.1 on rent and provided the said place for
rearing chicks. Further the accused No.1 to 4 have hatched
criminal conspiracy and prior to the period of agreement with an
intention to make wrongful gain have sold 3000 chickens and 100
feeders on 06.12.1999, and caused loss of Rs.5,00,000/- to the
complainant company. That on 6.12.1999 during night hours at
about 12.00 a.m. when accused No.1 to 4 were transporting the
said chicken, at that time CW.s2 and 3 have questioned the same,
the accused persons put threat to their life and thereby accused
persons have committed criminal breach of trust. Thus, the
accused have committed the aforesaid offences as alleged.
Hence, the Charge Sheet.
2.During Crime stage, the accused No.1 to 4 enlarged on
bail. After submission of this charge sheet, this court has taken
cognizance of the aforesaid offences against the aforesaid
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accused persons. Copies of the charge sheet have been
furnished to them as per Sec. 207 of Cr.P.C. With no objection
from the Counsel for the Accused, this Court framed charge for
the aforesaid offences against them. The same read over and
explained to them in the language known to them. They pleaded
not guilty. The prosecution has examined CW.12 as PW.1 and it
has got marked 15 documents as Ex.P1 to P15. Subsequently, the
accused No.1 jumped the bail and absconded. Hence, the case
against accused No.1 has been split up and a separate case has
been registered against accused No.1. Now the present case is
taken up against accused No.2 to 4 only. Statement of the
accused persons as required U/sec. 313 of Cr.P.C. has been
recorded. The accused persons have denied the incriminating
evidence that appeared against them and that they have
submitted that they have no defence evidence..
3. Heard the arguments of both sides, perused evidence
placed before the court.
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4.Ex.P1 is the FIR. Ex.P2 is the Notification of Deputy
commissioner of Police (Crime), Bangalore City. Ex.P3 is the
private complaint dtd., 4.1.2000 submitted by the complainant-
Chaoren Pokphand (India) Pvt., Ltd., Rep., by its Sr. Marketing
Manager-Pornchai C. Ex.P4 is the spot mahazar dtd., 5.2.2000
that prepared by the I.O., in the presence of the complainant and
other panch witnesses in between 10.15 a.m. to 11.15 a.m. near
Poultry shed belongs to Anjanappa situated at Nagadasanahalli,
Rajankunte Post, Bangalore North Tq., Ex.P5 to 15 are the
notarized copies of Invoices and letters relating to supply of
feeds, drinks and medicines by the Complainant Company to the
accused persons.
5.With the back ground of the aforesaid contents of the
documents marked as Ex.P1 to 15 and the oral evidence placed
before the Court has to analyze to know whether the accused
No.2 to 4 have committed the offences as alleged or not.
6.PW.1 Mahadevaiah, is the I.O., who has deposed
evidence that on 22.01.2000 he received the private complaint
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No.10/2000 and Notification of DCP (Crime), Bangalore, he sent
the same to JB Nagar P.S., and requested to register the same,
the said police have registered a case in Crime No.27/2000 and
submitted Ex.P1 FIR to the Court, and sent the copy of the same
to him. Ex.P2 and P3 are the copies of Notification and Private
Complaint. He took up investigation and on 5.2.2000 visited the
spot as shown by the complainant, and conducted mahazar as
per Ex.P4 in the presence of mahazar witnesses, on the same day
he recorded statement of CW.6, and on 17.2.2000 he further
recorded statements of CWs.2 to 6 and 10, on 18.11.2000
accused No.2 appeared before him by obtaining anticipatory bail
order, he arrested and released on bail, and on 20.12.2000
accused No.1 appeared before him by obtaining anticipatory bail
order, he arrested him and released on bail and on 19.01.2001
complainant furnished Ex.P5 to P15 documents to show that he
had supplied chicks and other articles to the accused persons and
he received the same and subjected the same in the case, and on
19.01.2010 accused No.4 appeared before him by obtaining bail
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order, he arrested and released him on bail, after completion of
the investigation he submitted charge sheet to the Court. The
accused persons after the rearing of the chicks failed to return the
same to complainant, and by selling the same cheated the
complainant.
7.PW.1 is the I.O., who has deposed evidence only in
respect of his role, which he has played during the course of
investigation.
8.In this case even after granting sufficient opportunity the
police failed to secure the presence of CW.1 to 11, and failed to
adduce their evidence. Only the police official witness PW.1, who
has deposed against the accused person in respect of his role,
which he has played during the course of investigation. Only on
the basis of the evidence of the official witness it cannot be held
that the prosecution has proved the guilt of the accused persons.
Non-examination of CW.1 to 11, would leads to draw an adverse
inference and it is fatal to the case of the prosecution. In the
absence of the evidence of the CW.1 to 11, in my opinion the
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prosecution has miserably failed to prove its case as alleged
against the accused persons beyond all reasonable doubt. The
accused persons are entitle for acquittal.
9.In view of the aforesaid discussion, this court proceed to
pass the following
ORDER
By acting under section 248(1) Cr.P.C. the aforesaid accused No.2 to 4 are hereby acquitted of the offences punishable under Sec.409 and 506 r/w Sec.34 of IPC.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., Preserve the original file till disposal of the split up case, as registered against accused No.1.
(Dictated to the Stenographer through computer, printout taken by his verified, and after corrections made by me and then pronounced by me in the Open Court on this the 13th day of January 2016).
(A.SOMASHEKARA) V Addl.C.M.M., B'lore.
Judge sign 10 CC No.8111/2001 ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW.1 Mahadevaiah.
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P1 FIR Ex.P2 Notification Ex.P3 Private Complaint dtd., 4.1.2000 Ex.P4 Mahazar dtd., 5.2.2000 Ex.P5 to 15 Copies of Invoices and letters
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE: NIL.
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION: NIL.
(A.SOMASHEKARA) V Addl.C.M.M., B'lore.
Judge sign 11 CC No.8111/2001 13.01.2016 State by Sr. APP Accused No.1 Split up.
Accused No.2 to 4 on bail For Judgment Case called. A-2 to 4 present/absent. Judgement pronounced in the open Court as under vide separate Judgement kept in the file.
By acting under section 248(1) Cr.P.C. the aforesaid accused No.2 to 4 are hereby acquitted of the offences punishable under Sec.409 and 506 r/w Sec.34 of IPC.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., Preserve the original file till disposal of the split up case, as registered against accused No.1.
(A. SOMASHEKARA) V Addl.C.M.M., B'lore.
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