Bangalore District Court
State By Jagajeevaramnagara Police vs Persons : 1. Allah Bakash @ Bakash on 27 August, 2021
1
SC No.1254/2011
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU. [[[[
Dated this Friday the 27th day of August 2021
P R E S E N T :- Sri B.VENKATESHA B.Sc., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU CITY.
SC.No.1254/2011
Complainant : State by Jagajeevaramnagara Police
Station, Bengaluru.
(By Public Prosecutor)
-V/s-
Accused Persons : 1. Allah Bakash @ Bakash,
S/o Basha Khan, Aged 23 years,
R/at No.13, 3rd Cross, Noor Masidi
Road, Mangammanapalya,
Bommanahalli, Bangalore.
2. Samiullah @ Sami,
S/o Late Abdul Jabbar,
Aged 23 years, R/at No.3,
7th Cross, S.R.Nagara,
Dairy Circle, Bangalore.
( By Sri C.D.Narasimhan Adv.,)
3. Saleem Khan @ Saleem,
S/o Hasen Khan,
(Split-up)
4. Riyaz Pasha @ Riyaz, S/o Kaleem,
(Split-up)
5. Muneem Shariff, S/o Sunna Shariff,
Aged 22 years, R/at No.54, 4th Main,
4th Cross, Gurrappanapalya, Bangalore.
( By Sri S.V.Srinivas, Adv., for A-5)
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SC No.1254/2011
1. Date of commission of offence : 02.06.2011
2. Date of report of offence : 02.06.2011
3. Arrest of Accused No.1 : 06.06.2011
Arrest of Accused No.1 : 06.06.2011
Arrest of Accused No.5 : 09.06.2011
4. Name of the complainant : Smt.Nageena Taj
5. Date of commencement of trial : 27.08.2012
6. Date of closing of evidence : 11.12.2019
7. Offences complained of : U/Secs.143, 144, 147,
148, 302 r/w Sec.149
IPC
8. Opinion of the Judge : Accused Nos.1, 2 & 5
are acquitted
.
JUDGMENT
The Police Inspector, Jagajeevaramnagara Police Station, Bangalore City, has submitted the charge sheet against the A-1 to 5 for the offenses punishable U/Secs.143, 144, 147, 148 & 302 r/w 149 of IPC.
2. The brief facts as stated in column No.7 of the charge sheet are that Nyamath Pasha (deceased of this case & elder brother of the Complainant Smt Nageenataz) and A-1 of this case were previously resided at Denkanakote, Krishnagiri District, Tamilnadu state for a long time. In connection with mosque festival, there were a quarrel in between the families of Nyamath Pasha and A-1 oftenly. In the said quarrel, Sri.Sadiq Pasha (the father of CW.5 Sri.Syed Mohammed & maternal uncle of Nyamathpasha) has supported to the Nyamath Pasha. Therefore, A-1 had developed ill-will against the said 3 SC No.1254/2011 Sadiq Pasha and in that background on 12.02.2010, A- 1 and his friends have killed the said Sadiq Pasha at Denkanakote. After A-1 released from jail, he is residing at Garvebhavipalya Main Road, Muneshwara Layout, of Bangalore City along with his elder sister CW.10 Smt.Reshma. When things stood so, Nyamath Pasha in collusion with his younger brother CW.4 Sri Syed Nyamath and others has planned to take revenge against A-1 on account of murder of his maternal uncle Sadiq Pasha. In that background, on 19.11.2010, Nyamath Pasha and his friends along with CW-4 had tresspassed into the residential house of CW.10 the elder sister of A-1 that lies within the jurisdictional limits of Madiwala police station and have attempted to murder CW.10 and her husband Babu by way of assaulting them with deadly weapons. Therefore, the A-1 has planned to take revenge against Nyamath Pasha and others. In this connection, on 02.06.2011 at about 4.30 p.m, A-1 to A- 5 armed with deadly weapons like longs and choppers and in two motor cycles came near the residential house of CW.1 Smt.Nageena Taj that lies at Haleguddadahalli, 7th 'E' Cross, Vinayakanagar, Bangalore City, a place that lies within the jurisdictional limits of a complainant police station and have formed an unlawful assembly and have tresspassed into her house. In the said house, Nyamath Pasha was sleeping at that time on that date. A-1 with common intention to kill the said Nyamath Pasha had assaulted to him on his head 4 SC No.1254/2011 & neck with chopper. A-2 with common intention to kill the said Nyamath Pasha has assulted on his head with long. A-3 with common intention to kill the said Nyamath Pasha has assulted on his fore head and left cheek with long. A-4 & 5 with common intention to kill the said Nyamath Pasha have assulted on his hands & legs with longs. Therefore, the said Nyamath Pasha was died in the spot due to the bleeding injuries sustained by him in the assault on him by A-1 to A-5 with deadly weapons. Hence, it was alleged that A-1 to 5 are all have committed the offences punishable under the aforesaid sections.
3. Before committal of this case, A-1 to 5 were in J.C from 07.06.2011. After committal of this case, A-1 & 2 are released on bail as per orders dated 27.06.2013 & 23-02-2012 passed in Crl.P.No.3015/13 dated 27-06- 2013 & Crl.Pet.No.762/2012 dated 10-02-2012 on the files of the Hon'ble High Court of Karnataka, Bangalore. A-3 to A-5 are released on bail as per order dated 31.10.2011 based on the order dated 12-10- 2011 passed in Crl.Misc.No. 4759/2011 on the file of Court of the Presiding Officer, FTC-16, Bengaluru City.
4. After hearing the arguments of the learned Public Prosecutor and the learned counsels appeared for the A-1 to A-5, this Court has framed charges against the aforesaid accused persons for the aforesaid offences. It were read over and explained to them in a language known to them. The aforesaid accused persons have 5 SC No.1254/2011 pleaded not guilty and claims to be tried. During pendency of the trial, A-3 and A-4 are absconded. As per order dated 25.07.2019 split case in SC.1330/2019 against A-3 was registered. As per order dated 06.05.2016, a split-up case in S.C.716/21 was registered as against A-4. Trial of the case as againt A-1, 2 & 5 only was continued.
5. Thereafter, the prosecution has got examined CW's.16, 19, 26, 30, 29, 7, 9, 15, 21, 25, 31, 5, 8, 14, 33, 1, 17, 18, 35, 47, 38, 49, 43, 46 and 48 as PW's.1 to 25 resprectively. The prosecution has got marked 51 documents and 25 objects as Ex's.P.1 to P.51 & MO's 1 to 25 respectively. Thereafter, the statement U/Sec.313 of Cr.P.C of A-1, 2 & 5 has been recorded. The A-1, 2 & 5 have denied the incriminating evidence that appeared against them. They have not stated any thing about this case. They have not adduced their side evidence if any to defend them in this case.
6. Heard the arguments of the learned Public Prosecutor for prosecution and the learned counsels appeared for the A-1, 2 & 5. Perused the charge sheet, charges framed and the evidence placed before the Court.
7. The points that arise for consideration are as follows :
1. Whether the prosecution proves beyond reasonable doubt that, with an intention to take revenge against Nyamath Pasha on 02.06.2011 at 6 SC No.1254/2011 about 4.30 p.m near the residential house of CW.1 Smt.Nageena Taj, that lies at Haleguddadahalli, 7th 'E' Cross, Vinayakanagara, Bangalore City, A-1 to A-5 are all have unlawfully assembled with a common intention to kill Nyamath Pasha, the elder brother of CW.1 Nageena Taj due to old ill-will and thereby A-1 to A-5 have committed the offence punishable U/Sec.143 r/w 149 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time and place in furtherance of their common intention to kill Nyamath Pasha, the aforesaid A-1 to A-5 are all formed an unlawful assembly armed with deadly weapons like long and chopper and used as a weapon of offence that likely to cause the death and thereby A-1 to 5 have committed an offence punishable U/Sec.144 r/w Sec.149 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time and place in furtherance of their common intention to kill Nyamath Pasha, the aforesaid A-1 to A-5 are all have made galata and made force or violence and thereby accused No.1 to 5 have committed an offence punishable U/Sec.147 r/w Sec.149 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time and place in 7 SC No.1254/2011 furtherance of their common intention to kill Nyamath Pasha, the aforesaid A-1 to A-5 armed with deadly weapons like long and chopper and used as a weapon of offence which is likely to cause death and have made force or violence and thereby accused No.1 to 5 have committed an offence punishable U/Sec.148 r/w Sec.149 of IPC?
5. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time and in the residential house of CW.1, in furtherance of their common intention to kill Nyamath Pasha, the A-1 has assaulted on the head and neck of Nyamath Pasha with chopper, A-2 has assaulted with long on the head of Nyamath Pasha, A-3 has assaulted with long on the forehead and left cheek of Nyamath Pasha and A-4 and A-5 have assaulted with long on the hands and legs of Nyamath Pasha and thereby accused No.1 to 5 have killed the said Nyamath Pasha in the said place and thereby they have committed an offence punishable U/Sec.302 r/w Sec.149 of IPC?
6. What Order ?
8. My findings on the above points are as under:
Points No.1 to 5 : As in the negative Point No.6 : As per final order for the following:8
SC No.1254/2011 REASONS
9. Points No.1 to 5 :- This points are interlinked with each other, therefore this points are all taken up together for joint discussion to avoid repetation of facts. This case has been registered based on the complaint submitted as per Ex.P16 on 02.06.2011 at about 5.30 pm at the residential house of Nageena taj (CW.1/PW.16) W/o Sadiq Pasha, Door No.3/1, 7th A Cross, Vinayaka Nagar, Haleguddadahalli, Bengaluru by Sri Anjinappa the then PSI of complainant police station. In the complaint marked as Ex.P16, the complainant has stated all most all the facts as averred the colloum No. 7 of the charge sheet. In the complaint, she has specifically stated that on 02.06.2011 at about 5.00 pm, when her brother Nyamath Pasha sleeping in her house over the mat on the ground, Apsar Pasha, shown as accused No.1 in the FIR, is waiting to somebody near gate of her house. Therefore, she asked him that why you are here. At that time, all of a sudden 3 persons by holding longs in their hands have tresspassed into her house by pulling her. Apsal Pasha also gone to her house, thereafter, the said 4 persons have tell finish Nyamath Pasha and that Apsar Pasha with chopper has assaulted two times over the head of her brother Nyamath Pasha. Remainianig 3 persons with the longs they possessed in their hands have assaulted over the hands, legs and head for 3 to 4 times of her brother. Due to bleeding of blood in view of 9 SC No.1254/2011 the injuries sustained, her brother Nyamath Pasha died in the spot. She has stated that she had seen the said galata. Thereafter the said 4 persons by throwing white colour helmat on her have gone outside of her house and proceeded in their motor cycles. She has stated that due to oldwill, the said 4 persons have assaulted to her brother with chopper and longs and caused his murder. She has stated the name of other 3 persons as Pirath Ahamed, Hyder and Aslam. Therefore, she has requested the complaint police station to take suitable action against the said four persons. The Ex.P.16 further discloses that after receipt of the said complaint, Sri. Anjinappa the then PSI and SHO of the complaint police station got registered a criminal case in Cr.No. 108/2011 under Section 302 R/w 34 of IPC and has forwarded the FIR marked as Ex.P.21 on the same date about 9.00 pm to the jurisdiction Magistrate through HC No. 3851 of the complaint police station along with the complaint marked as Ex.P16.
10. The Ex.P.1 disclosed that after registration of this complaint, on 02.06.2011 in between 6.45 pm to 8.00 pm, Sri.T.Kodanda Ram the then PI of the complainant police station has drawn the spot mahazar in the residential house of the complainant Smt. Nageena Taj in the presence of panchas Syed Mohamed (CW.15/PW.8) and Suhail Pasha (CW.16/PW.1). Ex.P.1 further discloses that at that time of perparing of spot mahazar, blood stained sample cement flakes, blood 10 SC No.1254/2011 stained plastic mat, blood stained Pillow, blood stained blanket (MO's.7 to 10) & white coloured helmet are all have been recovered from the said residential house in the peresnece of said panchas at that time.
11. Ex.P.2 the Seizer Mahazar dated 06.06.2001 discloses that Sri T. Kodandaram the IO of this case, that on 06.06.2011 from a bushes of small park that lies near big bridge near Madivala flyover of Hosur and BTM Road junction has recovered one chopper and four longs(MO's.1 to 5) as per say of Allabakash, Samiulla, Saleen Khan and Riyaz Pasha the A.1 to 4 in the presence of Praveen (CW20) and Muzahid (CW19/PW2) in between 5.45 pm to 6.45 pm .
12. The Ex.P.3 another seizer mahazar dated 08.06.2011 discloses that Sri. T. Kodandaram the then PI of complaint police station, near residential house of A.2 bearing No.3, 7th Cross, S.R. Nagara, Near diary circle, Bengaluru city has recovered blood stained blue, white & coffee coloured full harm shirt & blue jeens pant as per say of A.2 Samiullah in the presence panchas Prakash (PW.3/CW.26) and S.K.Payro (PW.10/CW.25). The said mahazar was drawn in between 3.15 pm to 4.00 pm.
13. Ex.P.4 wound certificate of A.2 Samiullah discloses that he has sustained sutured wound about 4cm on his palmary aspect of his left hand due to assault by the Allabakash at 4.10 pm on 02.06.2011 near 11 th Cross, Gowripalya, Bengaluru city. The said document discloses that A.2 Samiullah has taken treatment at Victoria 11 SC No.1254/2011 Hospital on 06.06.2011 at about 9.15 pm.
14. Ex.P.5 letter dated 08.06.2011 Kubra Maternity and Nursing Home, B.G. Road, Bengaluru-29 discloses that the A.2 has gone to the said hospital on 08.06.2011 and that an injury was found in between the middle ring finger it was slightly deep cut and thus treatment was made to him on OPD basis. As per the said documents the said injury was caused due to the accident occured while he was working as a mechanic.
15. Ex.P.6 the statment of dasthagir (PW.7/CW.9) dated: 05.06.2011 discloses that he has stated before sri T. Kodandaram the then PI of compalint police station about this case stating that he know Nyamath Pasha R/at Denkani Kote, Tamil Nadu. He was R/at Arfath Nagar and he is moving with Arief Pasha and his children of 13 th Cross, Padarayanapura, Bengaluru city. The said Nyamath Pasha used to visit residential house of his sister, who obtained his house on rent that situate at Vinayakanagar, Haleguddadahalli, Benglauru. He has further stated that on 02.06.2011 at evening time, when he was on work, he came to know that, somebody have murdered Nyamath pasha the brother-in-law of Sadiq Pasha who is his tenent. Therefore, at about 5.00pm he came near his house. The police as well as people gathered there. Deadbody of the said Nyamath Pasha was laying in the hall over the ground. Heavy blood was bleaded from the deadbody of Nyamath Pasha and clotted.Police have trasported the said deadbody. He has stated that somebody due to old ill will have murdered the said Nyamath Pasha. He has produced the current bill of the said house for investigation of this case.
16. Ex.P.7 seizer mahazar dated: 07.06.2011 discloses 12 SC No.1254/2011 that in front of house of A.1 that lies at No.13, 3 rd Cross, Noor Masid Road, Mangammanapalya, Bommanahalli, Bengaluru City in the presence of panchas Mahendra (CW22) and Riyaz Ahamed (CW.21/PW.9) in between 11.45 am to 12.10 pm the IO has recovered read colour full harm t-shirt, light blue colour jeens pant and one Suzuki Moter cycle bearning No.TN.29-X- 3694 as per say of A.1.
17. The Ex.P.8 Postmortem report dated 03.06.2011 disclosesl that Dr.C.N. Sumangala (PW.11/CW.31) of Victoria Hospital, Bengaluru has conducted PM of the deadbody of Nyamath Pasha on 03.06.2011 in between 10.30 am to 12 noon at Victoria Hospital in connection with Cr. No.108/2011 under Section 302 of IPC. The said document discloses that, there were 25 external chop injuries as noted in detail at pages 4 to 6 of Ex.P.8. The said document further discloses that Multiple cut fracture corresponding to injury present on the vault of skull of deceased. The said document further discloses that the left paraital bone shows depressed communited fracture over an area of 4cm x 5cm. The said document further discloses that, all other organs of the said Nyamath Pasha are intact. PW.11 Dr. C.N. Sumangala has opined that the death of the said Nyamath Pasha was caused due to shock and haemorrage consequent to multiple chop injuries sustained.
18. Ex.P.9 letter dated 27-07.2011 of PW.11 Dr. C.N. Sumangala that addressed to the PI of J.J. Nagar Police station discloses that she has examined MO's 1 to 5 objects two metal choppers with wooden handels & 3 longs. After examination of the said 5 objects, Dr. C.N. Sumangala has opined that such chop injuries and the corresponding internal 13 SC No.1254/2011 injuries as mentioned in the PM report marked as Ex.P.8. Could have been sustained by the type of chopper and longs examined. Ex.P.10 is the samples seal that made by Dr. C.N. Sumangala, after examination of the said 5 weapons.
19. Ex.P.11 statment of PW.12 Syeed Mahammed @ Tannu S/o Sadiq Pasha discloses that his maternal aunt Fathimabee has five sons and five daughters. Among her sons, her last two sons are Chota Nyamath and Bada Nyamath. At Denkanakote, Melukotai area, more people belong to Muslim community are residing. A.1 also was residing in the said area with his father. He and his family members use to assemble in Masque during festivals and other ceremonies. Therefore, A.1 and his friends has not tolerated about their assemble. Therefore, he use to make quarrel often even for silly reasons. Later, silly quarrels turned into a big quarrel. Cases were registered against each other at Denkanikote Police Station. The deceased Nyamath Pasha during his life time used to move with his father Sadiq Pasha at Denkanakote, Krishnagiri District, Tamil Nadu State. During February-2010, A.1 and his friends Amzad and Shamee have committed murder of his father Sadiq Pasha. Therefore, a case was registered at Denakanakote police station. The Police have arrested Allabakash and others in connection with the case and that thereafter they are all released on bail. He has further stated that, after release, Allabakash with family is shifted to Benglauru. Therefore, Nyamath Pasha and his people are trying to take revange agaist Allabakash and others and that therefore they are searching Allabakash and others. During November 2010, he and his friends Bada Nyamath and Chota Nyamath are all gone to the residential house of Allabakash 14 SC No.1254/2011 that situated at Gurapanapalya, Hosoor Road, Madivala, Bengaluru. Therefore, Madivala Police are searching them. The Nyamath Pasha is residing in the residential house of his sister Nageena Taj at Bengaluru City. Before, 10 to 15 days, Allabakash and his friends came to Bengaluru and have murdered the said Nyamath Pasha.
20. Ex.P12 statment of PW.13 Alam S/o Esmail discloses that deceased Nyamath Pasha during his life time was resided at Shamanna Garden for 7-8 months and left his house and started to reside at Vinayaka Nagara, Haleguddadahalli, with his wife and children. He is his good friend. He and Nyamath Pasha use to assemble at the Fish Shop of Wazid that lies at 11th 'E' Cross, Padarayanapura, Bengaluru City. Said Nyamath Pasha was originally the native of Denkanikotai. Said Nyamath Pasha told him that in connection with a quarrel that taken place at his native place, several cases have been registered at Denkanikotai. Therefore, he came to Bengaluru. He also told him that during February-2010, his material uncle Sadiq Pasha was murdered by another group headed by A.1 Allabakash. He also told him that A.1 also came to Bengaluru and resided at Gurappanapalya with his sister and her husband. He also told him that he, his brother and others have gone to the said house of A.1 and made galata with his sister and her husband. Therefore, a case was registered against him and others at Madivala PS. Therefore, Madivala Police are searching them. Hence, Nyamath Pasha is residing in the residential house of his sister Nageena Taj at Bengaluru City. Before, 10 to 15 days, Allabakash and his friends came to Bengaluru and have murdered the said Nyamath Pasha.
15SC No.1254/2011
21. Ex.P.13 Inquest Mahazar dated 03-06-2011 disclosed that the IO of this case has drawn the said Inquest Mahazar on the dead body of deceased Nyamath Pasha @ Nyamath @ Bada Nyamath S/o Late Saifulla Khan at the mortuary of Victoria Hospital, Bengaluru, in the presence of Panchas R.Naseeruddin, Bakash and Parveez in between 7.30 a.m. to 10.30 a.m. The said Panchas and the blood relatives of deceased Smt.Fathima, Sadiq Pasha have stated to the IO that the said Nyamath Pasha was died due to the assault on his head, hands, legs and all over the body. Ex.P.14 letter of Asst. Executive Engineer, No.7, Building Division, Bengaluru addressed to the IO of this case discloses that as per request of the IO, the Asst. Engineer Sri.V.Gopalakrishnappa, has prepared the sketch showing the scene of occurrence in connection with this case on 16-07-2011 in the presence of Sri.Nagaraju, PC 4413 of complainant PS and has forwarded the said sketch as per Ex.P.15 to the IO of this case. Ex.P.17 the seizure mahazar dated 06-06-2011 disclosed that in the complainant PS, the IO of this case has recovered mobile phones bearing Sim No.9886658599 and 8951824186 from the possession of A.1 Allah Bakash and A.2 Sameerulla, respectively in the presence of Panchas Syed Afsal and Sri.Syed in between 4.30 to 5 p.m. Ex.P.18 Report dated 13- 06-2011 disclosed that HC 2293 Smt.J.Sathyalakshmi, has submitted the said Report to the IO of this case and has produced blue, brown and black colour checks Lungi, purple blue and white colour full sleve shirt, white and grey colour sando baniyan and grey colour underwear with Jockey label (marked as MO's 22 to 25). The said document disclosed that IO has registered the said documents in PF No.51/2011 and 16 SC No.1254/2011 has submitted Report to the JMFC and has obtained permission to retain the said objects for FSL. Ex.P.19 report of WHC 2293 Smt.Sathyalakshmi dated 23-06-2011 disclosed that she has received two pieces of blood stained cement flakes, blood stained mat, blood stained pillow, blood stained red squares and red flower desgined bed sheet made from sarees, blood stained chopper, one iron Long with wooden handles, blood stained three iron Longs, blood stained red coloured full arm T shirt, blood stained light blue colour Jeans Pant, blood stained black red colour full arm shirt, blood stained blue colour jeans pant, blood stained light blue coloured long stripes full arm shirt, blood stained blue colour jeans pant, blood stained light blue coffee colour full arm shirt, blood stained blue colour jeans pant, blood stained white green mixed half arm T shirt, blood stained blue colour jeans pant, blue brown and black colour lungi, purple blue and white colour checks full sleve shirt, white colour sando baniyan and grey colour underwear (marked as MO's 1 to 25) and has forwarded the said objects to the FSL and has received acknowledgment and produced it before the IO. Ex.P.20 the FSL Report dated 30-08-2011 disclosed that the objects marked as MO's 1 to 25 as mentioned in Ex.P.19 are all have been subjected to a scientific analysis on 23-06-2011. The said report discloses that except the sample cement flakes (MO.7), all other objects as mentioned in Ex.P.19 document are all have been stained with human blood of A Group. Ex.P.21 FIR disclosed that on 02-06-2011, the learned JMFC has received it at about 9.00 p.m. through HC 3851 with two enclosures.
22. Ex.P.22 the report of Anjinappa, the then PSI of J.J.Nagar PS, Bengaluru, dated 06-06-2011 disclosed that as 17 SC No.1254/2011 per the instruction of the IO of this case, he, PC's Suresh, Jagadish, Paramesh Naika and Venkatesh are all have traced the A.1 to 4 of this case on 06-06-2011 at about 02.00 p.m. near Satellite Bus Stand of Mysore Road, Bengaluru City and have produced them before the PI at Police Station on the same day at about 02.30 p.m. Ex.P.23 'B' Register extract of motorcycle bearing Reg. No.CKK 1292 disclosed that it belonged to Sri.Nawab Jaan S/o Syed Ali Sab, Chikka Adugodi, Bengaluru. Ex.P.24 the Report dated 17-08-2011 of Devaraj.K PC 5397 of complainant PS discloses that on 17-08- 2011 he was unable to trace the owner's address of the motorcycle bearing Reg. No.CKK 1292 at Chikka Adugodi, Bengaluru City. Ex.P.25 the copy of complaint submitted in Cr.No.43/2010 of Denkanikote PS, Krishnagiri District, Tamilnadu, discloses that a case was registered for the offences punishable U/sec.147, 148, 341, 302 of IPC with copies of inquest mahazar. Column No.17 of the charge sheet disclosed that a charge sheet was submitted against A1 Allah Bakash, A2 Shami and one Azmath for the offence punishable under Sec.302 of IPC allegng that on 12-02-2010 at about 07.45 a.m near Mariyamman Temple in the Sandaipettai area, a place that lies within the limits of Denkanikottai PS due to previous enmity, the A1 to 3 of this case have killed Syed Sadiq by way of assaulting him with deadly weapons. Ex.P.26 copy of the complaint disclosed that Syed Afzal S/o Syed Sadiq has filed complaint before the PSI, Denkanikottai PS, about murder of his father Syed Sadiq as stated in the charge sheet marked at Ex.P.25. Ex.P.27 the copy of PM Report of the deadbody of Syed Sadiq disclosed that the said Syed Sadiq was died due to wounds caused on his head and brain.
18SC No.1254/2011 Ex.P.28 the copy of PM Report of the dead body of Syed Sha S/o Syed Mohammed Denkanikottai drawn on 12-02-2010 at Denkanikottai. Ex.P.29 is the column No.17 of charge sheet that submitted in connection with Crime NO.43/2010 of Denkanikottai PS that submitted in view of murder of Syed Sadiq on 12-02-2010 as stated in Ex's.P.25 and 26. Ex.P.30 copy of FIR of Cr.No.1312/2010 of Madiwala PS discloses that a case was registered against the deceased Nyamath and 8 others alleging that they are all have assaulted on the sister of A.1 Allah Bakash and her husband on 19-11-2010 at about 09.30 a.m.
23. Ex.P.31 the rough sketchshowing the scene of occurrence of murder of the said Mymath Pash that prepared by Sri.T.Kodandaram, the then PI and IO of this case. Ex's.P.32 to 38 are the Photos of different corners of the dead body of the said Mymath Pasha, showing the injuries sustained by him on his head, hands and all over his body. Ex.P.37 photo shows the bleeding of blood and mat with pillow in the scene of occurrence. Ex's.P.39 to 42 the statements of A.1 Allah Bakash, A2 Samiulla and A.5 Muneem Shariff, discloses that they are all made their statements on 06-06-2011 before the Investigating Officer that if the IO comes with them, they can show the place where they kept the weapons that used to commit murder of Nyamath Pasha and that they can also show their blood stained clothes. They also have stated that they can show the clinic where Saleem Khan has taken treatment. Ex.P.47 statement of A.5 Muneem Shariff dated 09-06-2011 discloses that if the IO comes with him he can show his blood stained clothes and Suzuku motorcycle.
24. Ex.P.44 Seizure Mahazar dated 08-06-2011 19 SC No.1254/2011 discloses that in presence of Panchas Sadiq Khan and Shariff Ahmed, in the House bearing No.107/2, 8th Cross, Madeena Nagar, Mangammapalya of Bommanahalli, per the say of A.3 of this case the IO of this case as has recovered the blood stained Red with black white full arm shirt (MO.14) and blue colour jeans pant (MO.15) in between 12.45 to 01.30 p.m. Ex.P.45 Seizure Mahazar dated 08-06-2011 discloses that as per the say of A.4 Riyaz Pasha, in front of his residential house bearing No.109/3, 8th Cross, Madeena Nagar, Mangammanapalya, Bommanahalli, the Investigating Officer of this case has recovered the blood stained light blue coloured full arm shirt(MO.16) with white stripes and blue colour jeans pant (MO.17). Ex.P.46 Report of B.R.Ramesh PC.4419 of J.J.Nagara Police Station discloses that as per the directions of PI, he and Suresh, PC and Jagadeesh, PC are all have traced A.5 Muneer Shariff on 09-06-2011 at Kalasipalya bus stand with the help of informant and have produced A.5 before the Investigating Officer on the same day at about 02.00 p.m. Ex.P.48 Seizure Mahazar dated 09-06-2011 discloses that in front of the house No.56, 4 th Main, 4th Cross, Gurappanapalya, Bengaluru City, as per the say of A.5, the Investigating Officer has recovered blue stained white coloured half arm T Shirt(MO.20) and blood stained blue jeans pant (MO.21) in between 3.35 to 04.20 p.m in presence of Panchas Mustaq Ahmed and Sameer Pasha. Ex.P.43 and 49 are the Photos of motorcycles bearing Reg. No.TN-29-X-3694 and CKK-1292 respectively. Ex.P.50 is the CDR of mobile bearing Sim No.9886658599 from 31-05-2011 to 03-06-2011. Ex.P.51 is the CDR of phone bearing SIM No.8951824186 of A.2 for the period of 25-05-2011 and 06-05-2011.
20SC No.1254/2011
25. PW.16/CW.1 Smt.Nageena Taj, the complainant of this case, during the course of her oral evidence that recorded at the time of her chief examination, has deposed that deceased Nyamath Pasha is her elder brother and that he was a scrap businessmen. One day, at about 15 days back, there was a quarrel between her elder brother Nyamath Pasha and Afsar Pasha. Therefore, a case was registered against her elder brother Nyamath Pasha before J.J.Nagara Police Station and that he was on bail. On 01-06-2011, her elder brother Nyamath Pasha came to her house and told her that he has fear from Afsar Pasha. That on 02-06-2011 at about 02.00 p.m., again her elder brother Nyamath Pasha came to her house and he was in her residential house on that day. When her elder brother Nyamath Pasha was slept in her house on that day, she gone outside the house to purchase vegetables. When she was on the way at about 3.30 to 4.00 p.m., someone telephoned to her and told that somebody are assaulting her elder brother, therefore she came back to her house, somebody have assaulted her brother with knifes and hands. At that time, none present except her elder brother. Her elder brother was not alive on that day. He has stained injuries on head and all over the body. Police came to the spot. She has lodged complaint as per Ex.P16 to the Police. She told that when her elder brother Nyamath pasha came to her house, he told that A.1 to 3 of this case and others are searching him and that therefore he has lodged complaint against them. Police have recovered blood stained cement flakes, sample cement falkes, mud, pillow, bed sheet, helemt (MO.7 to 11). At that time, Police have obtained her signature on Ex.P.1 document. Her relatives are also came to 21 SC No.1254/2011 her house. After the Postmortem of dead body of her elder brother, Police have handed over his dead body to them. His relatives told that Alla Bakash, Sameer, Riyaz, Muneer Shariff and Saleem (A.1 to 5) are all have killed her brother and that asked her why you have not lodged complaint. Her maternal uncle (Syed Sadiq) told that A.1 to 5 have assaulted on the said Nyamath Pasha. She has identified A.1, 2 and 5. She has further deposed that there was a rivelry in between the A.1 and in between the maternal uncle Syed Sadiq. Therefore, a quarrel was taken place at Denkanakote in between her material uncle Syed Sadiq, A.1 Allah Bakash and her brother. She has deposed that A.1 has mudered her maternal uncle Sadiq. Therefore, her brother came to Bengaluru. In Bengaluru, a quarrel was taken place between A.1 and her elder brother. Therefore A.1 has lodged a complaint against her elder brother at Madivala Police Station. She has deposed that A.1 to 5 of this case have killed her elder brother. She has stated before the Police accordingly. PW.16 is not cross- examined because of want of time on the day of recording her evidence. Thereafter, PW.16 has not turned up before the court for her cross-examination in spite of issuance of bailable warrants, summons and NBW etc. The aforesaid evidence of PW.16 is not similar to the contents of the complaint filed by her against the contents of Ex.P.16. In Ex.P16, she has specifically stated to the Police that she has witnessed the incident and that she has speficially stated that Afsar pasha & three others have killed her brother by way of assaulting him in her presence with Longs, but she has not stated it in her evidence that recorded before this court. She also has not stated that A.1 to 5 have murdered her husband in her 22 SC No.1254/2011 presence. She has stated that her relatives told her that A.1 to 5 have killed her brother. So her evidence is not clear that she has witnessed the said incident as alleged against A.1 to 5. Her evidence against A.1 to 5 that they murdered her elder brother Nyamath Pasha is hearsay in nature because she has stated that her relatives told her that A.1 to 5 have killed her elder brother. So, it is clear that her evidence is not disclose that she saw that A.1 to 5 have committed the alleged offence on the aforesaid date, time and place.
26. PW.1 Suhail Pasha & PW.8 Syed Mohamad panch witnesses of Mahazar marked as Ex.P.1 dated 02-06- 2011 as stated supra. By way of drawing the said Mahazar the Investigating Officer Sri.T.Kodandaram, the PI of J.J.Nagara Police Station has seized the blood stained cement falkes, sample cement flakes, blood stained plastic mat, blood stained pillow, blood stained black squared red flower designed bed sheet and white helmet (MO's 6 to 11) in their presence at No.3/1, Hale Guddadahalli, Vinayaka Nagara, 7 th 'E' Cross, Bengaluru City. But, they deposed that they does not know the complainant Smt.Nageena or the deceased Nyamath Pasha. They deposed that the signatures marked as Ex.P1(a) & Ex.P1(b) on Ex.P1 are their signatures. When PW.1 was doing tailoring work & PW.8 was sitting in front of his house, Police came to them and have obtained their said signatures. They deposed that they does not know the Mahazar and that they had not gone to the place where the dead body of Nyamath Pasha was lying. They deposed that the Police have not recovered any objects in their presence. So, the aforesaid their evidence that recorded during the course of cheif-examination is not supported either drawing of 23 SC No.1254/2011 Mahazar as per Ex.P.1 or seizure of aforestated objects (MO.6 to 11). The said witnesses treated as hostile witnesses at the request of the prosecution. They had been subjected to a cross-examination on behalf of the case of prosecution, but nothing is elicited in their cross-examination that on 02-06- 2011, the Police took them to the place where dead body of Nyamath Pasha is lying and that at that time Police have drawn the Mahazar as per Ex.P.1 and have recovered the objects marked as MO.6 to 11 in their presence. Nothing is elicited as to why the said witnesses have deposed a false evidence before this court. So, it is clear that the evidence of PW's.1 & not supported the case of prosecution about drawing of Mahazar as per Ex.P.1 and recovery of the objects marked as MO.6 to 11 in their presence . So it is clear that their evidence is not useful to the case of prosecution about recovery of MO's 6 to 11.
27. PW.2 Mujahid witness to the Mahazar dated 06- 06-2011 marked as per Ex.P.2. The evidence of PW.2 that recorded during the course of his chief-examination discloses that one day about 1 year back when he was proceeding in front of the complainant- Police Station, Police have taken his signature marked as Ex.P2(a) on Ex.P.2. His evidence further discloses that at that time, Police have not recovered any objects in his presence. The aforesaid evidence of PW.2 is against the contents of Ex.P.2 that the Investigating Officer in presence of this witness has recovered the objects marked as MO's.1 to 5 chopper and four Longs, respectively on 06-06- 2011 near flyover, BTM Junction Road, from one bush as per the say of A.1 to 4 of this case. PW.2 is treated as a hostile witness as per request of the prosecution. He has been 24 SC No.1254/2011 subjected to a cross-examination on behalf of the case of prosecution, but nothing is elicited in his cross-examination that on 06-06-2011 the Police in his presence as well as in the presence of one Praveen, from one bush that lies near the flyover of HSR Layout, Hosur Road, near the bridge, A.2 to 5 have taken the chopper and Longs and produced the said items before the Investigating Officer in his presence. Nothing is elicited as to why PW.2 has deposed evidence against the prosecution. So, it is clear that the evidence of PW.2 is not supported the case of prosecution about drawing of Mahazar as per Ex.P.6 on 06-06-2011 and recovery of the objects marked as MO.1 to 5 in the presence of this witness. So it is clear that the evidence of PW.2 is not useful to the case of prosecution about recovery of objects marked as MO's.1 to 5.
28. PW.3 Prakash & PW.10 S.K.Pyaru, the witnesses to the Mahazar dated 08-06-2011 that marked as Ex.P.3. The evidence of PW's.3 & 10 that recorded during the course of their chief-examination discloses that one day about 1 year back, Police called them near their house and have obtained their signatures marked as Ex.P.3(a) & (b) on Ex.P.3. Their evidence further discloses that they does not know the contents of Ex.P.3. Their aforesaid evidence is not supported the case of prosecution about recovery of the objects i.e., blood stained blue white coffee colour full arm shirt (MO.18) and blue jeans pant (MO.19) of A.2 Samiulla in his residential house bearing No.3, 7th Cross, S.R.Nagara near Diary Circle, Bengaluru City. They treated as hostile witness at the request of the prosecution. They subjected to a cross-examination on behalf of the prosecution with the permission of this Court. But, nothing is elicited that on 08-06-2011, in the aforesaid 25 SC No.1254/2011 residential house of A.2 Samiulla, the A.2 has produced his blood stained Pant and Shirt in their presence and that the Police have recovered the said clothes. Nothing is elicited in their cross-examination that why they had deposed a false evidence. So, it is clear that their evidence is not supported the case of prosecution about recovery of aforestated blood stained shirt and pant of A.3 Samiulla in his residential house on 08-06-2011 as stated in Ex.P.3 document.
29. The evidence of PW.4 Dr.Sathyanarayana, discloses that on 06-06-2011 at 9.15 p.m., when he was the casualty Medical Officer at Victoria Hospital, Bengaluru, patient by name Samiulla, aged 23 years, was brought by HC.1391 of J.J.Nagara Police Station with the history of assault by Allabakash at 4.10 p.m. on 02-06-2011 near Goripalya, 11 th Cross, by Long and he had taken treatment in private hospital. On examination, he was conscious and had bandage of left hand and bandage was removed and he saw one sutured wound measuring 4 cm on palmary aspect of left hand. In his opinion, age of the injury was more than 36 years and that it was simple in nature. X-Ray was taken and that there was no fracture. Therefore he has issued the wound certificate marked at Ex.P.4. He has opined that the said injury can be caused if anybody assaulted with Long. During the course of his cross-examination, he has deposed that he cannot identify the person who treated on the said day about 1 year back. Except that nothing is elicited in the cross-examination of PW.4 that he had not examined the patinet called Samiulla (A.2). It is clear that A.2 has sustained the injury on his left hand as mentioned in Ex.P.4 document. The evidence of PW.4 is supported the case of the prosecution that A.2 has 26 SC No.1254/2011 sustained such injury as on 06-06-2011 at about 09.15 p.m.
30. The evidence of PW.5 Dr.Jameela, Medical Officer, Kubra Maternity and Nursing Home, Bengaluru, discloses that on 02-06-2011 at about 06.00 p.m., when she was in her hospital, 3-4 boys came to hospital with finger injuries and told that they have sustained injuries in machine while doing overtime duty. She has treated them and sutured the wound in OPD and sent back. Her evidence further discloses that on 08-06-2011 Police took the said boys to her and have showed videos taken by them regarding assault. She has issued a letter marked at Ex.P.5 stating that she has treated the said boys. She has further deposed that she treated the person called Samiulla (A.2) and that she has identified A.2 before the Police. She has stated that such injury could inflicted by a person to another person with a Long. Her evidence is supported the evidence of PW.4. Nothing is elicited in her cross-examination in support of the case of A.2 that he has not sustained injury and that he has not obtained treatment from PW's.4 and 5. So it is clear that the evidence of PW.5 also is supported the case of prosecution that A.2 has sustained such injury marked at Ex's.P.4 and 5.
31. The evidence of PW.6 Saifulla Khan that recorded during the course of his chief examination discloses that he know deceased Nyamath Pasha, but he does not know the accused. His evidence further discloses that the complainant Nageena is the sister of deceased Nyamath Pasha. Nyamath pasha told him about the assault on his maternal uncle. About one year back, one day, he came to know that somebody had assaulted to Nyamath Pasha. His evidence further discloses that there was a quarrel in connection with that case at that 27 SC No.1254/2011 time. Except that he does not know anything about this case. He learn the said fact through a phone from PW.1 when he was standing in front of a fish shop. His evidence further discloses that he and CW.8 have gone to see the dead body of Nyamath Pasha, but the accused were not there at that time. He told to the Police that the accused may assaulted on the Nyamath Pasha when he was sleeping in the house of his sister Nageena Taj. The evidence of PW.6 that recorded during the course of his cross-examination discloses that the deceased is a rowdy sheeter and that several cases have been registered against him at Benglauru City. His evidence further discloses that in connection with the old dispute, somebody have assaulted to the said Nyamath Pasha. He has also admitted that he does not know that who have committed mruder of the said Nyamath Pasha. Further, the evidence of PW.6 discloses that he has not made any statement before the Police about murder of said Nyamath Pasha. The evidence of PW.6 is not supported the case of prosecution that the A.1 to 5 have committed murder of Nyamath Pasha on the aforesaid date, time and place as alleged in the charge-sheet.
32. The evidence of PW.7 Dasthageer discloses that the complainant is residing in his residential house on payment of rent basis. He does not know about the death of Nyamath Pasha and that he had not made statement to the Police. PW.7 is treated as a hostile witness, he was subjected to a cross-examination on behalf of the case of the prosecution with permission of Court, but nothing is elicited in his cross-examination that on 02-06-2011 in the residential house of the complainant at about 05.00 p.m, murder of Nyamath Pasha was committed and that he came to know the 28 SC No.1254/2011 said fact and that he has gone to the said house and saw the dead body. Nothing is elicited that he has deposed a false evidence before the court. He has denied that he has made statement to the Police as per Ex.P.6. Nothing is elicited that why he has deposed a false evidence before this court. His evidence is against the contents of Ex.P.6. Therefore, it is clear that the evidence of PW.7 is not supported the case of prosecution.
33. The evidence of PW.9 Riyaz Ahammed, the witness to the mahazar marked as Ex.P.7 dated 07-06-2011 discloses that he also has not supported the case of prosecution about drawing of mahazar as per Ex.P.7 on 07-06- 2011 and have recovered the objects i.e., clothes(MO's 12 &
13) of A1 and motorcycle bearing No TN.29.X.3694. Nothing is elicited in his cross-examination in support of the case of prosecution though he is treated as hostile witness and subjected to a cross-examination on behalf of the case of prosecution. Nothing is elicited as to why PW.9 has deposed a false evidence before this court. His evidence is not supported the case of the prosecution about recovery of MO's 12 & 13 and motorcycle bearing No TN.29.X.3694 from possession of A.1 as alleged in Ex.P.7.
34. The evidence of PW.11 Smt.C.N.Sumangala, Asst. Professor, Dept. Of Forensic Medicine, BMCRI, discloses that in between 10.30 to 12.00 p.m., as per the request of J.J.Nagara Police Station, she has drawn the Postmortem examination on the dead body of Nyamath Pasha @ Nyamath @ Bada Nyamath S/o Late.Saifulla Khan. Her evidence further discloses that on the said dead body, the clothes marked as MO's.22 to 25 are found and that she has removed the said 29 SC No.1254/2011 clothes from the said dead body and given it to the complainant-Police. As per her evidence, there were 25 external chop injuries and comminuted fracture over an area of 4 cm X 5 cm on the valut of skull over the left parietal bone and that membrane and brain are lacerated. Her evidence further discloses that all the said injuries are antemortem and fresh in nature. According to her opinion, death of deceased Nyamath Pasha was due to shock and hemorrhage consequent to multiple chop injuries sustained. Her evidence further discloses that she has submitted the Report as per Ex.P.8. The evidence of PW.11 further discloses that on 25-11-2011 she has received 5 articles one chopper and 4 longs in a sealed separte covers and that she examined the said objects (marked as MO's.1 to 5). After examination, she has opined that the external as well as internal injuries as mentioned in Postmortem Report marked at Ex.P.8 can be sustained by the type of objects marked as MO's.1 to 5 if anybody assaulted to other with such objects. Accordingly, she has given the Report marked at Ex.P.9 and has returned MO's.1 to 5 after sealing them seperately with sample seal marked at Ex.P.10. Her evidence discloses that the death of deceased Nyamath Pasha is homicidal in nature because he had died due to the external and internal injuries sustained by him due to shock and hemorrhage. Nothing is elicited in her cross-examination in support of the case of the prosecution that she had not conducted the Postmortem of the said dead body or examined MO's.1 to 5. Nothing is elicited in her cross- examination that she has given false Reports as per Ex.P.8 and 9 without examining the weapons or conducting the Postmortem of the said dead body. So it is clear that the 30 SC No.1254/2011 evidence of PW.11 is useful to the case of prosecution that the death of the said Nyamath Pasha is homicidal in nature in view of the injuries sustained by him.
35. The evidence of PW.12 Syed Mohammed, the younger brother of the complainant Smt.Nageena Taj, discloses that he does not know the accused and that he is unable to identify them. This witness is the son of Syed Sadiq, the maternal uncle of the complainant, who died due to his murder by A.1 and others at Denakanakote as stated in the documents marked as Ex's.P.25 to 29. He has deposed that he does not know the relationship of Nyamath Pasha and the accused. He does not know how the deceased Nyamath Pasha was died. He has further deposed that he does not know anything about this case and he has not given any statement before the Investigating Officer. His aforesaid evidence is not supported the case of prosecution. Nothing is elicited in his cross-examination in support of the case of the prosecution though he has been treated as a hostile witness and that he has subjected to a cross-examination on behalf of the case of prosecution. Nothing is elicited in his cross-examination that he made the statement as per Ex.P.11 to the Investigating Officer about this case. Nothing is elicited that why this witness has deposed a false evidence before this court. It is clear that the evidence of PW.12 is against the contents of Ex.P.11 and that therefore his evidence is not useful to the case of prosecution. Hence, his evidence is not reliable in nature.
36. PW.13 Alam, the friend of deceased Nyamath Pasha and the native of Denakanakote, Tamilnadu. His evidence that recorded at the time of his chief-examination 31 SC No.1254/2011 discloses that he know Nyamath Pasha and that a quarrel was taken place at Denakanakote of Tamilnadu, but he has no detailed information about the said fact. His evidence discloses that he does not know that why Nyamath Pasha came to Bengaluru, but his evidence discloses that Nyamath Pasha used to stay at Bengaluru often.. His evidence discloses that he does not know other facts of the deceased Nyamath Pasha. His evidence discloses that the Nyamath Pasha told him that three persons attempted to assault him. His evidence further discloses that one day about 3 to 4 years back, he received a message that murder of Nyamath Pasha was taken place. Therefore, on the said day, he had gone to the house of younger sister of Nyamath Pasha at Bengaluru and saw the dead body of Nyamath Pasha. Chop injuries occurred over the head and face. His evidence further discloses that he does not know who have committed murder of the said Nyamath Pasha. His evidence discloses that he does not know the accused persons of this case. His aforesaid evidence is against the contents of Ex.P.12. Nothing is elicited in his cross-examination in support of the case of prosecution though he is treated as a hostile witness and subjected to a cross-examination on behalf of the case of prosecution. Nothing is elicited that he had given the statement as per Ex.P.12 to the Investigating Officer about this case. Nothing is elicited that he has deposed a false evidence before this court just to help the accused persons. So, it is clear that the evidence of PW.13 is against the contents of Ex.P.12 and that therefore his evidence is not useful to the case of prosecution as alleged agianst the accused persons. Therefore, it is clear that the evidence of PW.13 is not useful to the case of 32 SC No.1254/2011 prosecution.
37. The evidence of PW.14 Parveez, the witness to the Inquest mahazar marked at Ex.P.13 discloses that he had put his signature on Ex.P.13 at Victoria Hospital and at that time, dead body of Nyamath Pasha had sustained blood stained injuries over his neck, head, legs, hands and other parts of the dead body. His evidence discloses that Bakash and Hakeem have also put signatures on Ex.P.13. His evidence partly supported the case of prosecution about drawing of Inquest mahazar as per Ex.P.13. Nothing is elicited in the cross- examination of this witness in support of the case of accused that he has deposed a false evidence. To some extent about the drawing of Ex.P.13 Inquest mahazar, the evidence of PW.13 is partly supported the case of prosecution.
38. The evidence of PW.15 Gopalakrishna, Asst. Engineer, No.7, Building Sub-Division, PWD, KR Circle, Bengaluru, discloses that on 16-07-2011, he had visited the spot i.e., the place where murder of Nyamath Pasha occurred as per the instructions of the complainant Police Station to prepare sketch showing the scene of occurrence. On that day, PC 4403 Nagaraju has shown the said place to him and that accordingly he had prepared sketch as per Ex.P.15 and has submitted it to the Investigating Officer on 19-07-2011 through his higher officer. Nothing is elicited in his cross- examination that he has prepared a false sketch as per Ex.P.15 as per the say of Investigating Officer. So it is clear that the evidence of PW.15 is supported the case of prosecution about preperation of sketch marked at Ex.P.15.
39. The evidence of PW.17 Syed Afzal and PW.18 Syed Khajeer, Panchas to the mahazar marked at Ex.P.17 33 SC No.1254/2011 discloses that one day about 6 years back at Guddadahalli burrial ground road, the Police have obtained their signatures that marked as Ex.P.17(a) and (b). Their evidence discloses that they does not know the accused No.1 and 2 of this case and that A.1 and 2 have not produced any objects before the Police in their presence and that the Police have recovered the said objects. Their evidence further discloses that they does not know anything about this case. They treated as a hostile witnesses at the request of the prosecution and have been subjected to a cross-examination with the permission on behalf of the prosecution, but nothing is elicited in their cross- examination that on 06-06-2011 in between 04.30 to 05.00 p.m., the complainant-Police in their presence as well as in the presence have recovered Nokia and China made mobile phones by drawing mahazar as per Ex.P.17 in the complainant- Police Station. Nothing is elicited as to why PW's.17 and 18 have deposed false evidence before this court. So it is clear that their evidence is not helpful to the case of prosecution about recovery of China made and Nokia mobiles phonese by way of drawing mahazar as per Ex.P.17 on 06-06- 2017 in the complainant-Police Station.
40. The evidence of PW.19 Smt.Sathyalakshmi, retired ASI of complainant- Police Station discloses that on 13- 06-2011 she has produced the clothes (MO's 22 to 25) of the deceased before the Investigating Officer that taken from the Victoria Hospital, Bengaluru and has submitted the Report marked at Ex.P.18. Thereafter, on 23-06-2011 she has given the said clothes & MO's 1 to 22 to the FSL and has submitted the Report marked as Ex.P.19. Nothing is elicited in her cross- examination in support of the case of accused persons. Her 34 SC No.1254/2011 evidence discloses that she has collected the blood stained clothes of the deceased and has produced it before the Investigating Officer and later she has taken the MO's 1 to 25 objects and given it to FSL as per the say of Investigating Officer of this case.
41. The evidence of PW.20 Anjinappa, the then PSI of complainant- Police Station, discloses that on 02-06-2011 at about 05.00 p.m., he was the Station House Officer of the complainant- Police Station. At that time, he has recived a message from public that a murder was taken place at Vinayaka Nagara. Therefore, with his staff, he had rushed to the spot forthwith and found that murder of Nyamath Pasha was taken place there. Thereafter, he has shifted the said dead body with the help of PC 3016 Prakash Gowda to the Victoria Hospital. Thereafter, he has recorded the statement of Smt.Nageena Taj as per Ex.P.16 and returned back to the Police Station at 06.30 p.m and has registered a case in Crime No.108/2011 under Sec.302 r/w 34 of IPC and has submitted the FIR to the jurisdictional Magistrate that marked as per Ex.P.21. Thereafter, he has handed-over case diary to the Inspector Kodandaram for further investigation. On the same day, Inspector has directed him and his staffs Suresh, Ramesh, Paramesh Naika, Jagadeesh and Venkatesh to trace the accused persons of this case. His evidence further discloses that on 06-06-2011 at about 02.00 p.m., near satellite bus stand, Mysore Road, Bengaluru City, with the assistance of informants they traced accused No.1 to 4 and caught them. Later, they produced A.1 to 4 of this case before the Inspector at about 02.30 p.m and have submitted the Report marked as Ex.P.22. Nothing is elicited in his cross-
35SC No.1254/2011 examination in support of the case of accused that they were not traced by PW.20 and other staffs on 06-06-2011 at about 02.00 p.m., near satellite bus station, Mysore Road, Benglauru City.
42. The evidence of PW.21 Devaraju, the then PC of complainant Police Station discloses that on 06-06-2011 at about 08.30 p.m., when he was on Hoysala vehicle duty, SHO called him and directed him to take A.2, who sustained injury on his left hand palm, to the hospital for treatment. Therefore, he and HC 1391 Ramalingegowda took the A.2 Samiulla to the Victoria Hospital for treatment. The evidence of PW.22 Ramesh G.R., the then PI of complainant Police Station discloses that on 27-06-2011 he has received the case diary of this case from PI Kodandaram for further investigation. On 21-07-2011 he has received a sketch marked at Ex.P.15 from the PWD authorities. On 27-07-2011, he has forwarded the objects marked as MO's 1 to 5 to the Doctor for verification and furnishing opinion. On 01-08-2011, he has received the Report marked as per Ex.P.9 from Smt.C.N.Sumangala, Medical Officer, Victoria Hospital, Bengaluru. His evidence further discloses that on 16-08-2011 he had received copy of 'B' extract as per Ex.P.23 of the motorcycle bearing Reg. No.CKK-1292 from the RTO office. That on 17-08-2011, he received Report as per Ex.P.24 from Police Constable Devaraju that the vehicle bearing Reg. No.CKK 1292 was not traced. The evidence of PW.22 further discloses that on 19- 08-2011 he has received the wound certificate marked at Ex.P.4 of A2 Samiulla from Dr.Sathyanaraya, Medical Officer, Victora Hospital. On 20-08-2011 he has received the documents marked as Ex's.P.25 to 29 from Denkanakote 36 SC No.1254/2011 Police Station in connection with Crime No.43/2010. His evidence further discloses that on the same day he has received the document marked at Ex.P.30 from Madivala Police Station in connection with Crime No.1312/2020. His evidence further discloses that on 21-08-2011 he had filed charge-sheet on the ground that from the invstigation, prima- facie it was proved that A.1 to 5 had committed the offences as alleged in the complaint marked at Ex.P.16. That on 03- 09-2011, he has received the FSL Report marked at Ex.P.20 from the FSL, Madivala, Bengaluru. Nothing is elicited in the cross-examination of PW.22 in support of the case of accused.
43. The evidence of PW.23 Suresh, the then HC of the complainant Police Station, discloses that on 09-06-2011, Investigating Officer of this case has directed him and his staff Ramesh and Jagadeesh to trace A.5 of this case. Therefore, with the help of informants, on the same day at about 01.45 p.m., near Kalasipalya bus stand, they traced A.5 Muneem Shariff and have produced him before the PI. Nothing is elicited in his cross-examination in support of the case of A.5 that PW.22 and Ramesh have not traced him on 09-06-2011 at about 01.45 p.m. at Kalasipalya bus stand.
44. The evidence of PW.24 Devaraju.K, the then PC of the complainant Police Station discloses that on 17-08-2021, Inspector Hanumantharaju has instructed him to trace Navab Jan S/o Ali Sab, 2nd Cross, Krishnappa building, Chikka Audugodi, Bengaluru, the owner of motorcycle bearing Reg. No.CKK-1292 as per the instruction given by A.5. Therefore, he had gone to the said address of Nawab Jan, but Nawab Jan was not traced. Therefore, he has submitted the Report as per Ex.P.24.
37SC No.1254/2011
45. The evidence of PW.25 T.Kodandaram, the then PI and of the IO of this case, discloses that on 03-06-2011 he has taken case diary of this case from Anjinappa, the then PSI of the complainant Police Station for further investigation. On the same day, he had visited the scene of occurrence and in presence of the Panchas Syed Ahmed and Suhail, he has drawn the Ex.P.1 mahazar in the residential house of the complainant Smt.Nageena Taj. Thereafter, dead body of the said Nyamath Pasha was shifted to Victoria Hospital, Bengaluru with the help of PC Prakash Gowda and thereafter he has recovered the blood stained cement flakes, sample cement flakes, blood stained plastic mat, blood stained pillow, blood stained googla designed bed sheet, white colour helmet (MO's.6 to 11) in presence of said Panchas. He has sealed the said objects seperately and has made seal JJN over the said cover by way of drawing mahazar as per Ex.P.1. At the time, he has prepared Ex.P.31 rough sketch. At that time, he has taken the Photographs marked at Ex.P.32 to 37. On the same day, he has recorded the statements of CW.15 and 16, CW.36 and 40. His evidence further discloses that on 03-06- 2011 at about 07.00 a.m., he had gone to the mortuary of Victoria Hospital and in the presence of Panchas Nasaruddin, Bakash, Rakab, Parvez (CW.11 to 14) in betwen 07.30 to 10.30 a.m., has drawn the inquest mahazar as per Ex.P.13 on the dead body of said Nyamath Pasha. At that time, he has taken the photograph marked as Ex.P.38. At that time, he has recorded the statments of CW.3, 5, 7 and 8 and CW.11 and 14 in between 7.30 a.m. to 10.30 a.m. At that time, he has recorded the statements of complainant and witness Fathimabee. He has further stated that they have revealed 38 SC No.1254/2011 the names of the accused as Allah Bakash, Samiulla, Saleem Khan, Riyaz Pasha and Muneem Shariff (the A.1 to 5) have killed the said Nyamath Pasha due to old ill-will. Therefore, he made them as accused of this case. He also has recorded the statement of CW.37 Venkatesh Y.T. Thereafter, the dead body of said Nyamath Pasha was delivered to his LR's after Postmortem. His evidence further discloses that he instructed PSI Anjinappa and staff to trace the real facts and sent them to Denkanakote Police Station, Tamilnadu State, with instruction to collect all material documents. On 04-06-2011, the PSI Anjinappa and staff returned from Police Station and have produced documents marked as Ex's P.25 to 29 of Denkanakote Police Station that registered against the A.1 Allah Bakash and his friends. On the same day, he also has received documents (Ex P.30) of Crime No.1312/2011 of Madivala Police Station. His evidence further discloses that on 05-06-2011, he has recorded the statement of PW.7 Dasthageer. On 06-06-2011 at about 02.30 p.m., PSI Anjinappa and his staffS CW.42 to 45 have produced the A.1 to 4 of this case in the Police Station and have submitted the Report marked as per Ex.P.2. Thereafter, he has arrested A.1 to 4 and has recorded their voluntary statements as per Ex.P.39 and 42, respectively. In the said statements, they stated that they can show the spot where they killed said Nyamath Pasha and produce weapons with their blood stained clothes & shown the Doctor who treated A.2 and motorcycles. The evidence of PW.25 further discloses that A.3 Saleem Khan has made voluntary statement to him as per Ex.P.41. A.4 has made voluntary statement to him as per Ex.P.42. On the same day, he had recovered two mobile phones in presence of Syed 39 SC No.1254/2011 Afzal and Syed Fazal by way of their mahazar as per Ex.P.17. The said mobile phones and China mobile phone bearing SIM No.9886658599 and Nokia Mobile bearing SIM No.8951824186. The evidence of PW.25 further discloses that on 06-06-2011, A.1 to 4 took him near a bush that lies near the flyover bridge of Madivala, he called Mujahid and Praveen as Panchas to the said place. From the bus, A.1 to 4 have picked one chopper and 4 Longs (MO's.1 to 5) in betwen 05.45 to 06.00 p.m in presence of aforesaid Panchas by drawing mahazar as per Ex.P.2, he has recovered the said objects marked as MO.1 to 5. His evidence further discloses that he has recorded the statements of Mujahid, Praveen, Paramesh Nayaka, Suresh, Venkatesh, Ramesh and Jagadeesh, respectively. On the same day, he sent A.2 Samiulla with his staff Ramalingegowda and Prakash Gowda to the hospital for treatment. Thereafter he has recorded the statements of Ramalingegowda and Prakash Gowda.
46. His evidence further discloses that on 07-06-2011 he took A.1 to 4 and Panchas Mahendra and Riyaz to the residential house of A.1 that lies at Mangammanapalya, Bommanahalli, near Noor Masjid of Bengaluru City. In the said house, A.1 Alla Bakash has produced full arm red colour T Shirt and light blue coloured jeans pant and shown the motorcycle bearing Reg.No.TN-29-X-3694 one red colour Suzuki motorcycle. Thereafter in between 11.45 to 12.10 p.m. in presence of above stated Panchas, as per Ex.P.7 he has recovered the motorcycle bearing Reg. No.TN-29-X-3694. He has seized the blood stained shirt and pant that marked as MO's.12 and 13 respectively. He has identified the said motorcycle by way of marking its photo marked at Ex.P.43.
40SC No.1254/2011 His evidence further discloses that on the same day, he has produced A.1 to 4 before the 3 rd ACMM, Bengaluru and has taken them to his custody for further investigation. On 08- 06-2011, he has taken A.1 to 4 with Panchas Sadiq Khan and Shariff to the residential house of A.3 Saleem Khan that lies at Madeena Nagara, Mangammanapalya, Bommanahalli. A.3 has produced blood stained black red and white coloured full arm shirt and blood stained blue coloured jeans pant marked as per MO's.14 and 15. Later, by way of drawing mahazar as per Ex.P.44 in between 12.45 to 01.30 p.m. in presence of Panchas Sadiq Khan and Ahmed, he has recovered MO's.14 and 15 in the said residential house. His evidence further discloses that on the same day, A.4 has taken him and Panchas to his residential house situated at Madeena Nagara, Bommanahalli and that A.4 has produced blood stained light coloured full arm shirt and blue jeans pant that marked as MO's.16 and 17, respectively and that in the presence of said Panchas by way of drawing mahazar as per Ex.P.45, he has recovered MO's.16 and 17 clothes and has recorded the statements of Sadiq Khan and Shariff Mohammed, respectively. Further the evidence of PW.25 discloses that on 08-06-2011, A.2 took him and other accused, Panchas Prakash and S.K.Pyaru to his residential house bearing No.3, 7th Cross, SR Nagara, Bengaluru and there A.2 has produced blood stained blue, white and coffee colour full arm shirt and blue colour jeans pant that marked as MO's.18 and 19 and that he has recovered the said objects in presence of Panchas. He has recorded the statements of Panchas S.K.Pyaru and he took A.2 to Kubra Maternity Home and that A.2 has identified Dr.Jameel and that Dr.Jameel has given a Report marked at 41 SC No.1254/2011 Ex.P.5 to him about giving treatment to A.2. On 09-06-2011 as per his instructions, his staff Ramesh and others have traced A.5 Muneem Pasha and produced him at about 02.00 p.m. in the Police Station. Staff Ramesh has given the Report marked as Ex.P.46 in this regard. He enquired A.5 and that A.5 has given statement to him as per Ex.P.47 stating that he can show Long, clothes and a motorcycle that used at the time of commission of the alleged offence. Therefore, on 09-06- 2011, A.5 Muneem Pasha took him and Panchas Mustaq Ahmed and Sameer Pasha to his residential house at No.56, 2nd floor, 4th Cross, 4th Main, Gurappanapalya, J.P.Nagara, Bengaluru and has produced blood stained green and white colour half arm T Shirt and blue jeans pant as well as motorcycle bearing Reg. No.CKK-1292 black coloured TVS Max. Thereafter, in between 3.35 to 4.20 p.m., by way of drawing mahazar as per Ex.P.48, he has recovered the said clothes and motorcycle. He has identified the said clothes as MO's.20 and 21. He has identified the said motorcycle with the help of its photo marked at Ex.P.49. His evidence further discloses that on 10-06-2011 he has produced A.1 to 5 before the 3rd ACMM, Bengaluru. He has recovered the CDR of phone bearing No.9886658599 and 8951824186 from service provider marked as per Ex's.P.50 and 51. On 13-06-2011, WHC Sathyalakshmi, has produced the blood stained clothes of the deceased marked as per MO's.22 to 25 before him. He has seized the said objects. Thereafter, he has sent all the seized blood stained objects as well as sample objects (MO's 1 to 25) through Sathyalakshmi to the FSL, Bengaluru for examination. In this regard, WHC Sathyalakshmi has given a Report marked at Ex.P.19 to him. He has stated that as per 42 SC No.1254/2011 Ex's.P.6, 11 and 12 witnesses Dasthageer, Syed Ahmed and Alam have given statements to him. His evidence further discloses that on 25-06-2011, he has transferred the case diary to CW.14 Ramesh for further investigation because of his transfer. Nothing is elicited in the cross-examination of PW.25 that he has not conducted further investigation of this case nor drawing of mahazars as stated supra and recovery of the objects (MO's 1 to 25) as stated supra. So the evidence of PW.25 supports the case of prosecution.
47. Though the evidence of PW.20 Anjinappa, PW.22 Ramesh and PW.25 T.Kodandaram disclosed that they conducted investigation as deposed by them and have recovered MO's 1 to 25 in the presence of Panchas by way of drawing mahazars, but the evidence of Panch witnesses to the mahazars drawn to recover MO's 1 to 25 from and as per say of A.1 to 5, has not been supported the evidence of PW.20, 22 and 25, the IO's of this case. Evidence of PW.16 Smt.Nageen Taaj, is not supported the evidence of PW.20 that she has given the statement as per Ex.P.16 to the PW.20. Her evidence is not supported that in her presence murder of her elder brother Nyamath Pasha was taken place on the said date, time and place. In the complaint she has not stated the names of A.1 to 5. Whereas charge sheet was filed against A.1 to 5 on the ground that witnesses and the complainant have made further statements that the A.1 to 5 have committed the murder of said Nyamath Pasha on the said date, time and place. The evidence of PW.1 is hearsay in nature about the alleged act of A.1 to 5 in murdering her brother Nyamath Pasha. Other witnesses also have not deposed before this court that the A.1 to 5 have committed murder of Nyamath 43 SC No.1254/2011 Pasha. Though the evidence placed before the court to the some extent discloses that there was a previous enmity in between the A.1 and the said Nyamath Pasha in respect of celebration of festivals and ceremonies at Masjid in their native place at Denkanikotai, but the evidence placed before the Court is not discloses that the A.1, 2 and 5 have committed along with A.3 and 4 have committed murder of the said Nyamath Pasha in connection with their old ill-will or for any other cause. Therefore, this court is of the view that the evidence of PW's 1 to 19, 21, 23 and 24 is not corroborated the evidence of PW.20, 22 and 25. Therefore, the evidence placed before the Court is not reliable in nature to believe that A.1, 2 and 5 with A.3 and 4 have committed murder of the said Nyamath Pasha in the residential house of the complainant at Bengaluru City on the aforesaid date, time and place as alleged. Therefore, it is clear that the prosecution has miserably failed to prove the case as alleged against A.1, 2 and 5 beyond reasonable doubt by producing a direct or circumstantial evidence. Therefore, this Court has answered, the aforesaid points No.1 to 5 as in the negative.
48. POINT NO.6:- For the foregoing reasons and considering the facts and circumstances of this case, this Court proceed to pass the following;
ORDER Acting under Sec.235 Cr.P.C, the A.1, 2 and 5 of this case are all hereby acquitted of the offences punishable under Secs.143, 144, 147, 148 and 302 r/w Sec.149 IPC.
44SC No.1254/2011 Bail as well as surety bonds of A.1, 2 and 5 executed by them at the time of releasing them on regular bail stands as cancelled. A.1, 2 and 5 are set at liberty forthwith.
Preserve MO's 1 to 25 till disposal of split cases registered in SC.1330/2019 against A.3 and S.C.716/2021 against A.4.
(Typed by the Stenographer on my dictation, the transcript revised and then pronounced by me in the open court on this Friday the 27th day of August 2021).
(B.VENKATESHA) LXIII ADDL3.CITY CIVIL & SESSIONS JUDGE, (CCH-64), BENGALURU CITY.
ANNEXURE
1. List of witnesses examined for the prosecution:
PW.1 : Suhail Pasha
PW.2 : Mujahid
PW.3 : Prakash
PW.4 : Dr. Sathyanarayana
PW.5 : Dr. Jameela
PW.6 : Saifulla Khan
PW.7 : Dastagir
PW.8 : Syed Mohammed
PW.9 : Riyaz Ahmed
PW.10 : S.K. Pyaru
PW.11 : Smt. C.N.Sumangala
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PW.12 : Syed Mohammed
PW.13 : Alam
PW.14 : Parvez
PW.15 : Gopalakrishna
PW.16 : Nageena Taj
PW.17 : Syed Afsal
PW.18 : Syed Khazeer
PW.19 : Sathyalakshmi
PW.20 : Anjinappa
PW.21 : Devaraju
PW.22 : Ramesh.G.R
PW.23 : Suresh
PW.24 : Devaraju.K
PW.25 : T. Kodandaram
2. List of witnesses examined for the accused:
- NIL-
3. List of documents marked for the prosecution:
Ex.P.1 : Spot Mahazar
Ex.P.1(a) : Signature of PW1
Ex.P.1(b) : Signature of PW8
Ex.P.1(c) : Signature of PW16
Ex.P.1(d) : Signature of PW25
Ex.P.2 : Seizer Mahazar
Ex.P.2(a) : Signature of PW2
Ex.P.2(b) : Signature of PW25
Ex.P.3: : Seizer Mahazar
Ex.P.3(a) : Signature of PW3
Ex.P.3(b) : Signature of PW10
Ex.P.3(c) : Signature of Pw25
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Ex.P.4 : Wound certificate
Ex.P4(a) : Signature of PW4
Ex.P.5 : Letter dated: 08.06.2011
Ex.P.5(a) : Signature of PW5
Ex.P.5(b) : Signature of PW25
Ex.P.6 : Statement of PW7
Ex.P.7 : Seizer Mahazar
Ex.P.7(a) : Signature of PW9
Ex.P.7(b) : Signature of PW25
Ex.P.8 : P.M. Report
Ex.P.8(a) : Signature of PW11
Ex.P.9 : Opinion of PW11
Ex.P.9(a) : Signature of PW11
Ex.P.9(b) : Signature of PW22
Ex.P.10 : Sample article
Ex.P.11 : Statement of PW12
Ex.P.12 : Statement of Pw13
Ex.P.13 : Inquest Mahazar
Ex.P.13(a) : Signature of PW14
Ex.P.14 : Latter dated: 09.07.2011
Ex.P.14(a) : Signature of PW14
Ex.P.15 : Sketch
Ex.P.15(a) : Signature of PW15
Ex.P.16 : Complaint
Ex.P.16(a) : Signature of PW16
Ex.P.17 : Seizer Mahazar
Ex.P.17(a) : Signature of PW17
Ex.P.17(b) : Signature of PW18
Ex.P.17(c) : Signature of PW25
Ex.P.18 : Report of PW19
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Ex.P.18(a) : Signature of PW19
Ex.P.19 : Report of PW19
Ex.P.19(a) : Signature of PW19
Ex..P.20 : FSL Report
Ex.P.21 : FIR
Ex.P.21(a) : Signature of PW20
Ex.P.22 : Report of PSI
Ex.P.23 : B extract
Ex.P.23(a) : Signature of PW20
Ex.P.24 : Report of PC 5397
Ex.P.24(a) : Signature of PW.23
Ex.P.25 : Copy of complaint
Ex.P.26 : Letter from Syed Absal
Ex.P.27 : Postmortem certificate of Syed Sadiq
Ex.P.28 : Postmortem Report of Syed Sadiq
Ex.P.29 : Charge-sheet in Denkanikottai PS
Ex.P.30 : FIR
Ex.P.31 : Rough sketch
Ex.P.31(a) : Signature of PW.25
Ex.P.32 : Photo
Ex.P.33 : Photo
Ex.P.34 : Photo
Ex.P.35 : Photo
Ex.P.36 : Photo
Ex.P.37 : Photo
Ex.P.38 : Photo
Ex.P.39 : Voluntary statement of A.1
Ex.P.39(a) : Signature of A.1
Ex.P.40 : Voluntary statement of A.2
Ex.P.40(a) : Signature of A.2
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Ex.P.41 : Statement of A.3
Ex.P.41(a) : Signature of A.3
Ex.P.41(b) : Signature of A.25
Ex.P.42 : Statement of A.4
Ex.P.42(a) : Signature of A.4
Ex.P.42(b) : Signature of PW.25
Ex.P.43 : Photo
Ex.P.44 : Mahazar dated 08-06-2011
Ex.P.44(a) : Signature of PW.25
Ex.P.45 : Mahazar dated 08-06-2011
Ex.P.45(a) : Signature of PW.25
Ex.P.46 : Signature of PW.25
Ex.P.47 : Voluntary statement of A.5
Ex.P.47(a) : Signature of PW.25
Ex.P.48 : Mahazar
Ex.P.48(a) : Signature of PW.25
Ex.P.49 : Photo
Ex.P.50 : CDR Report of A.1
Ex.P.50(a) : Signature of PW.25
Ex.P.51 : CDR Report of A.2
Ex.P.51(a) : Signature of PW.25
4. List of documents marked for the Accused:
-NIL-
5. Material object marked in this case:
MO.1- Chopper MO.2 - Long MO.3 - Long MO.4 - Long MO.5 - Long 49 SC No.1254/2011 MO.6 - Blood stained cement pieces MO.7 - Cement pieces MO.8 - Plastic mat MO.9 - blood stained pillow MO.10 - blood stained bed sheet MO.11 - Helmet MO.12 - Red colour full arm shirt MO.13 - Blue colour jeans pant MO.14 - Black-Redy colour full arm shirt MO.15 - Blue colour jeans pant MO.16 - Blue colour full arm shirt MO.17 - Blue colour jeans pant MO.18 - Blood stained blue, white and coffee colour full arm shirt MO.19 - Blue colour jeans pant MO.20 - Green and blue colour half arm shirt MO.21 - Blue colour jeans pant MO.22 - Blue, grey and black colour Lungi MO.23 - Purple, blue & white colour full arm shirt MO.24 - White and green colour baniyan MO.25 - Underwear (B.VENKATESHA) LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, (CCH-64), BENGALURU CITY