Bangalore District Court
State By Basaveshwaranagar P.S vs Persons. The Accused No.1 To 3 Appeared ... on 15 March, 2016
IN THE COURT OF THE V ADDL. CMM., AT BENGALURU.
Dated this the 15th day of March 2016
Present: Sri A. Somashekara, B.A.L., LL.M.,
V Addl., C.M.M Bengaluru.
CC No.7387/1999
Complainant State by Basaveshwaranagar P.S.,
Bangalore.
(Rep., by Sr. APP., B'lore)
V/s.
1.RS Nagaraja Rao
S/o Late RS Narayana Rao, 46 Yrs.,
2.RS Vijayakumar(Abated)
3.RS Rajaprasad
S/o Late RS Narayana Rao, 28 Yrs.,
All are R/a No.15, Krupa Building,
Kempanna Lane, Nagarthpet Cross,
Bangalore-2.
(Rep by Sri CRRR, Adv.,)
JUDGMENT AS PER SEC.355 Cr.P.C.,
1. Serial Number of the case : CC No.7387/1999
2. Date of the commission of the
offence : 26.02.1990
3. The name of the complainant : Smt. Anandalakshmi
2 CC No.7387/1999
4. Name of the accused persons
and their parentage and residence: As stated above.
5.the offence complained off :U/s.465 468 & 420 r/w Sec.34 of IPC
and proved
6.The plea of the accused and : Pleaded not guilty and denied
their examination the incriminating evidence.
7.The final order : Acquitted
8.The date of such order : 15.03.2016.
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This case has been registered in view of the complaint
submitted by the complainant-Smt. Ananda Lakshmi and others to
the then PSI of Basaveshwaranagar P.S., Bangalore, after
registration of this case, the I.O., has conducted the investigation
and has submitted charge sheet against the accused persons for
the offences punishable U/s.465, 468 and 420 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 Bhimajyothi Co-operative Housing Society
Ltd., situated at West of Chord Road, within the limits of
Basaveshwaranagar P.S., allotted a site to the father of
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3 CC No.7387/1999
CW.1Anandalakshmi CW.2 RN Girijamba, CW.3 RN Sathyavathi,
CW.4 RN Saraswathy, CW.5 RH Lakshmikanthamani and CW.6
Shailaja, late Nararana Rao who was working in LIC on
18.09.1969, and in the said site late RS Narayanarao got
constructed a house in the year 1982 and on 18.6.1984 he was
died, and that the aforesaid society got registered the said site in
the name of Smt. Ramalakshmamma W/o Late RS Narayanarao
on 26.11.1989. The accused No.1 to 3, who are the sons of Late
RS Narayana Rao and brothers of CWs.1 to 6, with an intention to
cheat their sisters CWs.1 to 6 on 26.02.1990 got created a
indemnity bond and Joint affidavit in respect of the aforesaid site
in the presence of CW.9 Smt. Premalatha and CW.10
Vishweshwara Rao and without the knowledge of CWs.1 to 6
forged their signatures and got transferred the khatha into the
name of Smt. Ramalakshmamma W/o Late RS Narayanarao and
on 16.3.1992 sold the same to CW.11 BM Malleshaiah and
CW.12M Ravi and cheated CWs.1 to 6 and caused loss to them.
Thus, the accused persons have committed the offences
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punishable U/s.465 468 and 420 r/w Sec.34 of IPC. Hence, the
Charge Sheet.
2.After submission of this charge sheet, this court has taken
cognizance of the aforesaid offences against the aforesaid
accused persons. The accused No.1 to 3 appeared before this
Court through their counsel and that they were enlarged on
regular bail. During the course of trial, accused No.2 is reported
to be dead, hence, the case against accused No.2 is taken as
abated and now the present case is taken up against accused
No.1 and 3 only. Copies of the charge sheet have been furnished
to the other accused as per Sec. 207 of Cr.P.C., With no objection
from the Counsel for the other 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 CWs.7 and 2 to 5 as
PWs.1 to 5 and it has got marked thirteen documents as per
Ex.P1 to P13. Statement of the accused as required U/sec. 313 of
Cr.P.C. has been recorded. The accuseds have denied the
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incriminating evidence that appeared against them. They
submitted that they have no defence evidence.
3.Heard the arguments of both sides, perused evidence
placed before the court.
4.This case has been registered in view of the complaint
submitted by the complainant-Smt. Anandalakshmi and others.
In the complaint, the complainants have has reiterated almost all
the facts as averred in Col., 7 of the charge sheet and in Para
No.1 of this judgement. After registration of this complaint, the
then SHO of Basaveshwaranagar P.S., has submitted FIR to this
Court, conducted the mahazar in the presence of complainant and
other panch witnesses, recorded the statements of witnesses, and
after completion of the investigation has submitted the charge
sheet against the accused persons to this Court.
5.In this case CW.1-Smt. Ananda Lakshmi is reported to be
dead. PW.1 KN Ramakrishna Rao has deposed that complainant
is wife and the accused persons are the brothers of his wife,
CW.5 RN Lakshmikantha Mani and CW.6 Shailaja are the sisters
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of his wife, CW.1 and 6 are dead. Further he deposed that
residential house bearing No.72 situated at Bhima Jyothinagara
Extension, WOC Road, Bangalore is belongs to the father by
name RN Narayan of accused persons and his wife, the said RN
Narayan Rao died in the year 1984, in the year 1989 accused
persons created a document belongs to one ancestral property of
their mother, and on the basis of the said created document
accused persons sold the same in the year 1992 to
Malleshwaraiah and Ravi, and cheated their sisters. PW.1 is
treated as a hostile witnesses at the request of the prosecution.
PW.1 subjected to cross examination on behalf of case of the
prosecution. During the course of cross-examination by the Lrd.,
Sr. APP PW.1 has admitted that he has produced Ex.P1 to P9
documents to the Police. Further during the course of the cross-
examination by Lrd., counsel for the accused, PW.1 has admitted
that he didn't the ancestral properties of his wife, his wife
informed him about forgery of documents by the accused, she
didn't informed the other matters, he didn't know the reasons
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delay in filing complaint, he didn't that on what basis, and on
what time and on what documents accused persons have created,
and he didn't know anything about this case except his wife
statement, further his wife disclosed that the accused persons
have cheated his sisters. But nothing is elicited in support of the
case of the prosecution in the evidence of PW.1 that recorded
during the course of his cross-examination. The said evidence of
PW.1 did not disclose that the accused persons have committed
the offences as alleged against them.
6.PW.2 Girijamba, PW.3 Sathyavathi, PW.4 Saraswathi and
PW.5 Lakshmikanthamani are the sisters of accused persons.
They have deposed that they didn't know anything about this
case, they didn't made any statements to the police, further they
didn't know why complainant-Anandlakshmi has lodged
complainant against the accused persons. PWs.2 to 5 are treated
as a hostile witnesses at the request of the prosecution. PWs.2 to
5 subjected to cross examination on behalf of case of the
prosecution. But nothing is elicited in support of the case of the
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prosecution in the evidence of PWs.2 to 5 that recorded during
the course of their respective cross-examination. The said
evidence of PWs.2 to 5 didn't disclose that the accused persons
have committed the offences as alleged against them.
7.On careful perusal of the aforesaid evidence of PWs.1 to 5
as well as the contents of documents marked as Ex.P1 to P13, the
same doesn't discloses that the accused persons have created the
documents in respect of site allotted by Bhimajyothi Co-operative
Housing Society Ltd., in favour of father of accused persons and
CWs.1 to 6.The same also doesn't disclose that the accused
persons by creating the documents have sold the said site to
others. PWs.1 to 5 have not produced any documents to show
that the said site stands in the name of Late RS Narayana Rao
names. Therefore, I am of the opinion that that the evidence of
PWs.1 to 5 as well as the contents of documents marked as per
Ex.P1 to 13 are not helpful to the case of the prosecution. In spite
of giving several opportunities the prosecution has failed to
secure the presence of other charge sheet witnesses of this case
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to examine them in support of its case. Therefore, a doubt is
arises that the complainant might have filed this complaint just to
cause harassment to the accused persons. The accused persons
are entitled to the benefit of doubt. Therefore, I am of the
opinion that the 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.
8.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.1 and 3 are hereby acquitted of the offences punishable U/s.465, 468 and 420 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., (Dictated to the Stenographer through computer, print out taken by him is verified, corrected and then pronounced by me in the open court on this the 15th day of March 2016.) (A. SOMASHEKARA) V Addl.C.M.M., B'lore.
Judge sign 10 CC No.7387/1999 ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW.1 KN Ramakrishna Rao PW.2 Girijamba, PW.3 Sathyavathi, PW.4 Saraswathi PW.5 Lakshmikanthamani
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex-P-1 Sale Agreement deed Ex.P-2 Certificate Ex.P-3 GPA Ex.P-4 Sale Agreement deed Ex.P-5 GPA Ex.P-6 Certificate Ex.P-7 Sale Agreement deed Ex.P-8 GPA Ex.P-9 Certificate Ex.P-10 to P-13 Statements of PWs.2 to 5.
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.7387/1999 15.03.2016 State by Sr. APP Accused No.1 and 3 on bail Judgment Case called. Accused No 1 and 3 are pt., /abt., 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.1 and 3 are hereby acquitted of the offences punishable U/s.465, 468 and 420 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., (A. SOMASHEKARA) V Addl.C.M.M., B'lore.
Judge sign 12 CC No.7387/1999 Judge sign