Bangalore District Court
State By vs Muniraja @ Jirale on 26 September, 2019
IN THE COURT OF LXV ADDL CITY CIVIL AND SESSIONS
JUDGE BENGALURU CITY (CCH-66)
PRESENT
SRI. SUBHASH SANKAD
B.A., LL.M.
LXV Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 26th day of September, 2019
S.C.No.1462/2017
COMPLAINANT:- STATE BY
Police Inspector,
Kodigehalli Police Station,
Bengaluru.
(Rep. by Public Prosecutor)
V/s.
ACCUSED:- 1. MUNIRAJA @ JIRALE
s/o Chikkaramaiah,
Aged about 36 years,
R/at No.265, 1st Cross,
Behind Swathi Hotel,
Sahakara Nagara,
Bengaluru - 92.
[Accused No.1]
2. MAHESH
s/o late Munikrishnappa,
Aged about 36 years,
R/at No.360, Munishamappa
Compound, Mudalapalya,
Bengaluru - 72.
[Accused No.2]
(A1 & 3 by Sri. KNR, Advocate)
2 S.C.No.1462/2017
Date of Commencement of 17.03.2016
offences
Date of report of offences 17.03.2016
Name of complainant Sri. K.G. Sathish,
Police Inspector
Date of recording of 04.05.2019
evidence
Date of closing of evidence 22.08.2019
Offence complained of U/s.399, 402 IPC
Opinion of the judge Acquittal
****
JUDGMENT
This is a charge sheet submitted by the Police Sub- Inspector, Kodigehalli Police station against accused No.1 and 2 herein for the offences punishable under Sections 399, 402 IPC.
2. The facts of the case of the prosecution can succinctly be narrated as follows:-
That on 17.03.2016 night at about 20.30 hours while PW1 was on patrolling duty at Sahakaranagar along with his staff at that time he received information from the informants that five 3 S.C.No.1462/2017 unknown persons have gathered in a house bearing No.265, 1st Cross, behind Swathi Hotel at Sahakaranagara armed with deadly weapons are making preparation to commit dacoity by showing deadly weapons to rich peoples rob money from them. Immediately, he went near Anjaneya Temple at Sahakaranagara along with his staff PSI, M.P. Lakshmaiah, PC-3903 Arunkumar and PC-13262 Gangaiah Hiremath and PC-12147 Shivaraju and secured two panchas by name Naveen Kumar and Sri. Ramesh near Anjaneya Temple at Sahakaranagara and explained about the information to the panchas and requested them to act as panchas. The said Naveen Kumar and Ramesh agreed to act as panchas. PW1 along with his staff and panchas went near house No.265, situated at 1st Cross, behind Swathi hotel at Sahakaranagara in Hoysala 165, and he stopped the vehicle at the distance of 70-80 feet from the house bearing No.265. When they carefully looked at the house No.265 and five persons who were there in the home were talking among themselves something. Immediately he sent PC-3903 Arun Kumar and pancha witness Naveen Kumar near the place and ascertain as to what those persons were talking among themselves. After few minutes PC-Arun Kumar and pancha witness Naveen Kumar 4 S.C.No.1462/2017 came back and told that those five persons are talking among themselves, and those persons were armed with deadly weapons are making preparation to commit dacoity saying that by showing deadly weapons to rich peoples rob money and gold ornaments from the persons who came there. Immediately all of them surrounded and raided the house. At the time of raiding those persons tried to escape from the place three of them escaped from the place and they caught hold only two persons and another two persons were caught hold by the police and produced before PW1 and the name of the persons are Muniraju and Mahesha. When PW1 enquired those persons as what they were doing there, they told that they were making preparation to commit dacoity by showing deadly weapons to the peoples and rob money and gold ornaments from them, and thereafter he prepared the panchanama on the said place and recovered three iron longs, two chilly powder packets, one wooden club, one Nokia mobile phone and one Karbon mobile phone and arrested the accused persons and came to the police station at about 23.00 hours and registered the case against those two persons for the offence punishable under Sections 399, 402 IPC and submitted the FIR to the jurisdictional Magistrate and prayed to 5 S.C.No.1462/2017 remand the accused persons to the judicial custody and after completion of the investigation the charge sheet came to be filed against the accused persons for the offence punishable under Sections 399, 402 IPC.
3. The trial court took cognizance of the offences and committed the case. After committal, the case has been made over to this court for disposal in accordance with law. The accused No.1 and 2 are on bail. After perusal of the materials available on record and after hearing the advocate for accused and the Public Prosecutor the charges were framed for the offence punishable under Sections 399, 402 IPC. The accused No.1 and 2 denied the charges levelled against them and they claimed to be tried. After securing the case properties, case was posted for trial.
4. In support of its case, the prosecution has totally cited 8 witnesses, out of which 3 witnesses are examined as PWs.1 to 3, and got marked the documents at Exs.P1 to 3 and also M.Os.1 to 8 were identified. Inspite of issuance of summons other witnesses were not secured hence the prosecution has given up the other witnesses. After completion of the prosecution 6 S.C.No.1462/2017 evidence, the accused were examined as required under Section 313 Cr.P.C. The accused denied the incriminating evidence appearing against them. However, they have not chosen to lead defense evidence on their behalf.
5. I have heard the arguments of both the sides.
6. Now the points that arise for my consideration in both cases are;
1. Whether the prosecution proves beyond all reasonable doubt that on 17.03.2016 night at about 20.30 hours while he was on patrolling duty within the limits of Kodigehalli police station, at Sahakaranagar house No.265, 1st Cross, behind Swathi hotel, accused No.1 and 2 along with other accused armed with deadly weapons like long chopper, wooden club and chilly powder packets, were making preparation to commit dacoity to rich peoples and thereby accused No.1 and 2 have committed an offence punishable under Section 399 IPC?
2. Secondly, whether the prosecution proves beyond all reasonable doubt that on the above said date, time and place, accused No.1 and 2 along with other accused assembled there in order to commit dacoity to rich peoples and thereby accused No.1 and 2 have committed an offence punishable under Section 402 IPC?
3. What Order?
7. My answer to the above points are:
7 S.C.No.1462/2017
Point No.1 : In the Negative
Point No.2 : In the Negative
Point No.3 : As per the final order
for the Following
REASONS
8. Points No.1 & 2:- The points No.1 and 2 are
interconnected with each other, hence for the sake of convenience, I would like to take down these points together for discussion and answer.
9. It is the case of the prosecution that on 17.03.2016 night at about 20.30 hours while PW1 was on patrolling duty at Sahakaranagar along with his staff, at that time he received information from the informants that five unknown persons have gathered in a house bearing No.265, 1st Cross, behind Swathi Hotel at Sahakaranagara and were talking among themselves to commit dacoity of persons passing through. Further, armed with deadly weapons are making preparation to commit dacoity by showing deadly weapons to rich peoples rob money from them. Immediately, he went near Anjaneya Temple at Sahakaranagara along with his staff PSI, M.P. Lakshmaiah, PC-3903 Arunkumar and PC-13262 Gangaiah Hiremath and PC-12147 Shivaraju and 8 S.C.No.1462/2017 secured two panchas by name Naveen Kumar and Sri. Ramesh near Anjaneya Temple at Sahakaranagara and explained about the information to the panchas and requested them to act as panchas. The said Naveen Kumar and Ramesh agreed to act as panchas. PW1 along with his staff and panchas went near house No.265, situated at 1st Cross, behind Swathi hotel at Sahakaranagara in Hoysala 165, and he stopped the vehicle at the distance of 70-80 feet from the house bearing No.265. When they carefully looked at the house No.265 five persons who were there in the home and they were talking among themselves something. Immediately he sent PC-3903 Arun Kumar and pancha witness Naveen Kumar to go near the place and ascertain as to what those persons were talking among themselves. After few minutes PC-Arun Kumar and pancha Naveen Kumar came back and told that those five persons are talking among themselves to commit dacoity saying that by showing deadly weapons to rich peoples rob money and gold ornaments from the persons who came there. Immediately all of them surrounded and raided the house. At the time of raiding those persons tried to escape from the place three of them escaped from the place and they caught hold only two persons 9 S.C.No.1462/2017 and another two persons were caught hold by the police and produced before PW1 and the name of the persons are Muniraju and Mahesha. When PW1 enquired those persons as what they were doing there, they told that they were making preparation to commit dacoity by showing deadly weapons to the peoples and rob money and gold ornaments from them, and thereafter he prepared the panchanama on the said place and recovered three iron longs, two chilly powder packets, one wooden club, one Nokia mobile phone and one Karbon mobile phone and arrested the accused persons and came to the police station at about 23.00 hours and registered the case against those two persons for the offence punishable under Sections 399, 402 IPC and submitted the FIR to the jurisdictional Magistrate and prayed to remand the accused persons to the judicial custody. Thereafter, after completion of the investigation submitted the charge sheet before the trial court. The trial court took cognizance of the offences and committed the case. After committal, the case has been made over to this court for disposal in accordance with law.
10. In order to connect the guilt of accused No.1 and 2 to the charges leveled against them, the prosecution in all has cited 10 S.C.No.1462/2017 8 witnesses as CWs.1 to 8, out of 3 witnesses the prosecution could secure and examined only three witnesses as PW1 to PW3. PW1- K.G. Sathish, PI, PW2 - Shivakumar, PC, and PW3
- Lakshmmaiah M.B, PSI are the complaint witnesses and got marked the documents at EXs.P1 to 3 and M.Os.1 to 8 are identified, and rest of the prosecution witnesses are given up by the prosecution.
11. Apart from this oral evidence the prosecution has marked documents at Exs.P1 to 3. Ex.P1 is the Amanath panchanama, Ex.P2 is the Report and Ex.P3 is the FIR.
12. Apart from these documents M.O.1 to 8 are identified. MOs.1 to 3 are the long choppers, MO.4 is the wooden club, MOs.5 & 6 are the chilly powder and MOs.7 & 8 are the Nokia mobile and Karbon mobile. These are all the witnesses and the documents and material objects to prove the case of the prosecution.
13. I have carefully gone through the entire charge sheet materials. Keeping in view, the rival contention of both the sides, I proceed to answer the points for consideration. In this regard, I 11 S.C.No.1462/2017 will now consider what the witnesses have stated before the court.
14. CW1 - Sathish K.G. was examined as PW1. In his evidence he has deposed that on 17.03.2016 night at about 20.30 hours while PW1 was on patrolling duty at Sahakaranagar along with his staff, at that time he received information from the informants that five unknown persons have gathered in a house bearing No.265, 1st Cross, behind Swathi Hotel at Sahakaranagara and were talking among themselves to commit dacoity of persons passing through. Further, armed with deadly weapons are making preparation to commit dacoity by showing deadly weapons to rich peoples rob money from them. Immediately, he went near Anjaneya Temple at Sahakaranagara along with his staff PSI, M.P. Lakshmaiah, PC-3903 Arunkumar and PC-13262 Gangaiah Hiremath and PC-12147 Shivaraju and secured two panchas by name Naveen Kumar and Sri. Ramesh near Anjaneya Temple at Sahakaranagara and explained about the information to the panchas and requested them to act as panchas. The said Naveen Kumar and Ramesh agreed to act as panchas. PW1 along with his staff and panchas went near house No.265, situated at 1st Cross, behind Swathi hotel at 12 S.C.No.1462/2017 Sahakaranagara in Hoysala 165, and he stopped the vehicle at the distance of 70-80 feet from the house bearing No.265. When they carefully looked at the house No.265 five persons who were there in the home and they were talking among themselves something. Immediately he sent PC-3903 Arun Kumar and pancha witness Naveen Kumar to go near the place and ascertain as to what those persons were talking among themselves. After few minutes PC-Arun Kumar and pancha Naveen Kumar came back and told that those five persons are talking among themselves to commit dacoity saying that by showing deadly weapons to rich peoples rob money and gold ornaments from the persons who came there. Immediately all of them surrounded and raided the house. At the time of raiding those persons tried to escape from the place three of them escaped from the place and they caught hold only two persons and another two persons were caught hold by the police and produced before PW1 and the name of the persons are Muniraju and Mahesha. When PW1 enquired those persons as what they were doing there, they told that they were making preparation to commit dacoity by showing deadly weapons to the peoples and rob money and gold ornaments from them, and thereafter he 13 S.C.No.1462/2017 prepared the panchanama on the said place and recovered three iron longs, two chilly powder packets, one wooden club, one Nokia mobile phone and one Karbon mobile phone and arrested the accused persons and came to the police station at about 23.00 hours and registered the case against those two persons for the offence punishable under Sections 399, 402 IPC and submitted the FIR to the jurisdictional Magistrate and prayed to remand the accused persons to the judicial custody.
15. In the cross-examination he has denied the suggestion that the place of offence is crowdy place and he has informed the information to his higher officials and they were there in the place from 9.30 to 10.30 p.m., and there is a 3 - 4 kilo meters distance between the police station and the place of offence, he does not know as to who is the owner of the house and they have not collected the document regarding the ownership of the house, he has not recorded the statement of neighbours and no body has witnessed in the process of preparing panchanama. He has further denied the suggestion that he has prepared the complaint in the police station and they have gone to the place and they have not filed false case against 14 S.C.No.1462/2017 the accused persons. He has further denied the suggestion that pancha witnesses CWs.2 and 3 are their regular witnesses and he has admitted that the place of occurrence was completely dark and he has voluntarily stated that street lamp was there, he does not remember as to which official has caught hold the accused. He has further denied the suggestion that purposefully with an intention to indict the accused persons in the crime they have registered false case against them. He has further denied the suggestion that a false charge sheet is filed against the accused persons, he has admitted that they have not recovered any other articles from the said house, and he cannot say as to which articles the accused No.1 and 2 were in possession. He has further denied the suggestion that he has not prepared Ex.P1 in the said place and the same was prepared as in the police station and they have created the M.Os.1 to 6 to fit the case.
16. CW7 - Shivaraj H. Nadar was examined as PW2. In his evidence he has deposed that on 17.03.2016 night at about 20.30 hours while PW1 was on patrolling duty at Sahakaranagar along with his staff, at that time he received information from the informants that five unknown persons have gathered in a house 15 S.C.No.1462/2017 bearing No.265, 1st Cross, behind Swathi Hotel at Sahakaranagara and were talking among themselves to commit dacoity of persons passing through. Further, armed with deadly weapons are making preparation to commit dacoity by showing deadly weapons to rich peoples rob money from them. Immediately, he went near Anjaneya Temple at Sahakaranagara along with his staff PSI, M.P. Lakshmaiah, PC-3903 Arunkumar and PC-13262 Gangaiah Hiremath and PC-12147 Shivaraju and secured two panchas by name Naveen Kumar and Sri. Ramesh near Anjaneya Temple at Sahakaranagara and explained about the information to the panchas and requested them to act as panchas. The said Naveen Kumar and Ramesh agreed to act as panchas. PW1 along with his staff and panchas went near house No.265, situated at 1st Cross, behind Swathi hotel at Sahakaranagara in Hoysala 165, and he stopped the vehicle at the distance of 70-80 feet from the house bearing No.265. When they carefully looked at the house No.265 five persons who were there in the home and they were talking among themselves something. Immediately PW1 sent PC-3903 Arun Kumar and pancha witness Naveen Kumar near the place and ascertain as to what those persons were talking among themselves. After few 16 S.C.No.1462/2017 minutes PC-Arun Kumar and pancha Naveen Kumar came back and told that those five persons are talking among themselves to commit dacoity. Immediately all of them surrounded and raided the house. At the time of raiding those persons tried to escape from the place three of them escaped from the place and they caught hold only two persons and another two persons were caught hold by the police and produced before PW1 and the name of the persons are Muniraju and Mahesha. When PW1 enquired those persons as what they were doing there, they told that they were making preparation to commit dacoity by showing deadly weapons to the peoples and rob money and gold ornaments from them, and thereafter he prepared the panchanama on the said place and recovered three iron longs, two chilly powder packets, one wooden club, one Nokia mobile phone and one Karbon mobile phone and arrested the accused persons and came to the police station at about 23.00 hours and PW1 registered the case against those two persons for the offence punishable under Sections 399, 402 IPC and submitted the FIR to the jurisdictional Magistrate and prayed to remand the accused persons to the judicial custody.
17 S.C.No.1462/2017
17. In the cross-examination, he has admitted that the place of offence is a crowdy place and they have received information at about 8.30 p.m., and they went to the place at abut 10.30 p.m., and they were in the place at about half an hour, there is nearly about 1.5 kilo meters distance from their station to place of occurrence they went to the place at Hoysala vehicle, the vehicle was stopped at the distance of 70-80 meters from the door of the house was closed where the accused was found, when they saw the accused persons from the window there were distance of 10-12 feet, and he cannot say as to which accused has stated what and he has admitted that there were many other houses adjacent to the house where the offence was taken place. He has further stated that the people of the neighbor houses have not seen and they went to the house and he has stated that registering this case he had seen accused No.1-Muniraju in their station in connection with some other crime registered in their police station, he has not seen accused No.2 earlier, and he has denied the suggestion that CWs.2 and 3 are the regular pancha witnesses to their police station. He has denied the further suggestion that the accused persons are involved in some other cases and they have been falsely implicated in the present case 18 S.C.No.1462/2017 and no other articles were there in the house except the material objects marked before the court, and he has denied the suggestion that though accused have not committed any offence they have been falsely implicated in the case.
18. CW4 - Lakshmaiah M.B was examined as PW3. In his evidence he has deposed that on 17.03.2016 night at about 20.30 hours while PW1 was on patrolling duty at Sahakaranagar along with his staff, at that time he received information from the informants that five unknown persons have gathered in a house bearing No.265, 1st Cross, behind Swathi Hotel at Sahakaranagara and were talking among themselves to commit dacoity of persons passing through. Further, armed with deadly weapons are making preparation to commit dacoity by showing deadly weapons to rich peoples rob money from them. Immediately, he went near Anjaneya Temple at Sahakaranagara along with his staff PSI, M.P. Lakshmaiah, PC-3903 Arunkumar and PC-13262 Gangaiah Hiremath and PC-12147 Shivaraju and secured two panchas by name Naveen Kumar and Sri. Ramesh near Anjaneya Temple at Sahakaranagara and explained about the information to the panchas and requested them to act as 19 S.C.No.1462/2017 panchas. The said Naveen Kumar and Ramesh agreed to act as panchas. PW1 along with his staff and panchas went near house No.265, situated at 1st Cross, behind Swathi hotel at Sahakaranagara in Hoysala 165, and he stopped the vehicle at the distance of 70-80 feet from the house bearing No.265. When they carefully looked at the house No.265 five persons who were there in the home and they were talking among themselves something. Immediately he sent PC-3903 Arun Kumar and pancha witness Naveen Kumar to go near the place and ascertain as to what those persons were talking among themselves. After few minutes PC-Arun Kumar and pancha Naveen Kumar came back and told that those five persons are talking among themselves to commit dacoity saying that by showing deadly weapons to rich peoples rob money and gold ornaments from the persons who came there. Immediately all of them surrounded and raided the house. At the time of raiding those persons tried to escape from the place three of them escaped from the place and they caught hold only two persons and another two persons were caught hold by the police and produced before PW1 and the name of the persons are Muniraju and Mahesha. When PW1 enquired those persons as what they 20 S.C.No.1462/2017 were doing there, they told that they were making preparation to commit dacoity by showing deadly weapons to the peoples and rob money and gold ornaments from them, and thereafter he prepared the panchanama on the said place and recovered three iron longs, two chilly powder packets, one wooden club, one Nokia mobile phone and one Karbon mobile phone and arrested the accused persons and came to the police station at about 23.00 hours and registered the case against those two persons for the offence punishable under Sections 399, 402 IPC and submitted the FIR to the jurisdictional Magistrate and prayed to remand the accused persons to the judicial custody.
19. In the cross-examination he has stated that PW1 has not given any written information and when they went to the place at about 10.00 p.m., and he has voluntarily stated that they raided the house at about 10.30 p.m., they were in the place at about 10.30 p.m., and there were distance of 4 kilo meters from their police station to place of offence and they went to the place at Hoysala 165 and they did not get to know who is owner of the house and he does not know any document in their place and he has further stated that he does not know whether the door of the 21 S.C.No.1462/2017 house was closed or open and it was not possible for them to caught hold of the persons who ran away from the place and he has denied the suggestion that panchanama was not prepared in the place and further he has denied the suggestion that the accused persons have been falsely implicated in the present case and Ex.P1 is prepared in the police station.
20. This is the oral evidence led by the prosecution in order to prove the quilt of the accused persons. Apart from oral evidence the prosecution has exhibited the document as Exs.P1 to 3. Ex.P1 is the Amanath panchanama, Ex.P2 is the Report and Ex.P3 is the FIR and M.O.1 to 8 are identified. MOs.1 to 3 are the long choppers, MO.4 is the wooden club, MOs.5 & 6 are the chilly powder and MOs.7 & 8 are the Nokia mobile and Karbon mobile.
21. I have carefully gone through evidence of PWs.1 to 3, PWs1 to 3 are the police officials. The entire case of the prosecution rests on the PWs.1 to 3. According to of these three witnesses, 5 persons were assembled at the place of occurrence and they were found in possession of deadly weapons after receiving the information regarding preparation of commit dacoity. 22 S.C.No.1462/2017 These witnesses along with pancha witnesses went to the place, raided the house and they were successfully apprehending the accused persons. However, it was not possible for them to apprehend the other accused persons. The process of raiding was done in the presence of CW2-Naveen Kumar and CW3- Ramesh. However, CWs.2 and 3 are not examined before the court. This being so now this Court has to determine as to whether the accused persons have committed the offences under Sections 399 and 402 IPC. In other words the ingredients of said sections have been proved by the prosecution or not. However before this Court can do so, it is necessary to refer to the case law on the subject.
22. I would like to rely upon the decision of the Hon'ble Supreme Court reported in Chaturi Yadav vs State of Bihar 1979 SCC(Criminal) 502
23. This is a celebrated judgment on the subject to determine the facts and circumstances of each case whether the offence under Sections 399 and 402 IPC are made out or not, wherein it was observed:-
23 S.C.No.1462/2017
"The Courts below have drawn the inference that the appellants were guilty under both the offences merely from the fact that they had assembled at a lonely place at 9.00 PM and could give no explanation for their presence at that odd hour of the night. The advocate for accused has canvassed his arguments, that taking the prosecution case at its face value, there is no evidence to show that the appellants had assembled for the purpose of committing a dacoity or they had made any preparation for committing the same."
The requirement of section 402 IPC is that five or more persons must have assembled for the purpose of committing a dacoity. Apart from the fact that the appellants are said to have been found armed present on the first story of an abandoned building there is no evidence that this assembly of Nine appellants was for the purpose of committing dacoity. The trial Court has merely drawn an inference that the said assembly was only for the purpose of committing dacoity."
24 S.C.No.1462/2017
It has been further held that, "to hold that mere assembly of five or more persons at a deserted place armed with weapons is not sufficient to hold that, the accused had committed any offence falling within the ambit of Sections 399 and 402 IPC until by direct or circumstantial evidence, purpose of the assembly is proved. Nothing is brought on the by the prosecution that the accused were making preparation or had gathered for the purpose of committing dacoity.
24. Adverting to the facts of the present case, it is to be seen if the present case comes within the ambit of section 399 and 402 IPC. As I have discussed herein above, prosecution has not examined all the material witnesses placed, one member of the raiding party. The prosecution was under obligation to establish that, the assembling of the accused persons is for making preparation to commit dacoity. In other words, the prosecution must show that there were persons who had conceived the design of committing the dacoity, and they were preparing in prosecution of that design, which is failing in the present case. Only because the accused persons were found House bearing No.265, situated 1st Cross, behind Swathi hotel, 25 S.C.No.1462/2017 Sahakara nagara, Bengaluru, it cannot be held that they had assembled there for preparation to commit dacoity.
25. It is true that so far as the offence under Section 402 IPC is concerned, it may be mentioned that this section can be applied to mere assembling without proof of other preparation. The offence under Section 402 IPC is complete as soon as five or more persons assembled together for the purpose of committing dacoity. In the present case, it is not in dispute that, at the spot only five persons are shown to have been apprehended. Three accused person have been arrested subsequently. According to the prosecution, three persons managed to run away from the spot. This is unbelievable. The raiding party was having around 5 police officials and some of them were having arms. In these circumstances, how, four of the accused managed to run away. There is nothing on record which could show that efforts were made to chase him or to apprehend him.
26. It is significant to mention here that, the prosecution has examined only 3 witnesses who are official witnesses and no member of raiding party has been examined. Non-examination 26 S.C.No.1462/2017 of any of the independent witness and member of the raiding party is fatal to the case of the prosecution.
27. Another important aspect to be noted is that, it is the testimonies of PWs.1 to 3 which support the case of the prosecution. As it is discussed earlier, no independent witnesses are there to support the case of the prosecution. The testimonies of PWs.1 to 3 are not supported by any independent of the witnesses. However, the prosecution has failed to secure any of the charge sheet witnesses. Hence, in the present case, the prosecution tried to bring home guilt of the accused persons by relying upon the versions of police officials PWs.1 to 3. A bare perusal of their version clearly reflects the same to be of stereo type. Hence, in my view, it will be highly unsafe to rely upon their version.
28. In the light of my aforesaid discussion, I am of the opinion that, the prosecution has failed to bring home the guilt of accused No.1 and 2 beyond all reasonable doubt, by placing convincing and cogent evidence. Therefore, benefit of doubt shall go in favour of accused No.1 and 2. For the foregoing reasons, I answer the above points No.1 and 2 in the 'Negative'. 27 S.C.No.1462/2017
29. Point No.3:- In view of answering point No.1 in the negative, I proceed to pass the following :
ORDER Accused No.1 and 2 are found not guilty of the offence punishable under Sections 399, 402 IPC. Acting under Section 235(1) Cr.P.C., the accused No.1 and 3 are hereby acquitted.
Bail bonds of accused No.1 and 2 and their surety bonds stand cancelled.
Note:- Office is hereby directed to preserve entire case file along with M.O.1 to M.O.8 in connection with the absconding accused. (Dictated to the stenographer, transcribed by her, corrected and then pronounced by me in the Open Court on this 26th day of September, 2019) (SUBHASH SANKAD) LXV Addl. City Civil & Sessions Judge, Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION:-
PW1 : Sathish K.G
PW2 : Shivaraj H. Nadar
PW3 : Lakshmaiah M.B
28 S.C.No.1462/2017
LIST OF DOCUMENTS MARKED ON BEHALF OF
PROSECUTION:-
Ex.P1 Amanath Panchanama
Ex.P2 Report
Ex.P3 FIR
LIST OF MATERIAL OBJECTS MARKED:-
MO1 Long chopper
MO2 Long chopper
MO3 Long chopper
MO4 Wooden club
MO5 Chilly powder
MO6 Chilly powder
MO7 Nokia mobile black
MO8 Karbon mobile white
LIST OF WITNESS EXAMINED, DOCUMENTS AND MO.S MARKED ON BEHALF OF DEFENCE:-
Nil (SUBHASH SANKAD) LXV Addl. City Civil & Sessions Judge, Bengaluru.