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The Police Inspector of Madiwala police station, Bengaluru have filed charge sheet against the accused No.1 to 3 for the offence punishable U/s.397 of I.P.C., in Cr.No.717/2014.

2. Brief facts of the prosecution case is as under; On 2.6.2014 at about 1.00 a.m, when Cw.1/ Ajay Kumar was proceeding near B.T.M.Layout, 2nd Stage, 34th Main, Someshwara Colony, Bengaluru city and within the limits of Madivala Police Station, Bengaluru, accused No.1 and 2 along with absconding accused No.3/Ganesh came there on scooter bearing Reg.No.KA-05-HZ-468 with an intention of committing robbery and attacked Cw.1/Ajay Kumar, and accused No.1/Thippesh snatched one mobile phone of sony company from the possession of Cw.1, while absconding accused No.3/Ganesh with an intention of causing death or causing grievous hurt, assaulted him with knife on his right hand due to which Cw.1 sustained severe injuries on his right hand, at that time, absconding accused No.3 snatched amount of Rs.800/-, one purse containing Debit Card, Adhar Card, and voters I.D.Card thereby accused No.1 to 3 committed offence of robbery with attempt to cause death or grievous hurt punishable U/s. 397 of I.P.C.

8. Heard arguments by Learned Public Prosecutor appearing for the State as well as counsel appearing for the accused.

9. Now, the points arising for determination are as follows:

1. Whether prosecution proves beyond reasonable doubt that, on 2.6.2014 at about 1.00 a.m, when Cw.1/ Ajay Kumar was proceeding near B.T.M.Layout, 2nd Stage, 34th Main, Someshwara Colony, Bengaluru city and within the limits of Madivala Police Station, Bengaluru, accused No.1 and 2 along with absconding accused No.3/Ganesh came there on scooter bearing Reg.No.KA-05-HZ- 468 with an intention of committing robbery and attacked Cw.1/Ajay Kumar, and accused No.1/Thippesh snatched one mobile phone of sony company from the possession of Cw.1, while absconding accused No.3/Ganesh with an intention of causing death or causing grievous hurt, assaulted him with knife on his right hand due to which Cw.1 sustained severe injuries on his right hand, at that time, absconding accused No.3 snatched amount of Rs.800/-, one purse containing Debit Card, Adhar Card, and voters I.D.Card thereby accused No.1 to 3 committed offence of robbery with attempt to cause death or grievous hurt punishable U/s. 397 of I.P.C. as alleged in the charge sheet?

24. As discussed above and for the reasons stated above, this court is of the opinion that, prosecution unable to prove that, on 2.6.2014 at about 1.00 a.m, when Cw.1/ Ajay Kumar was proceeding near B.T.M.Layout, 2 nd Stage, 34th Main, Someshwara Colony, Bengaluru city and within the limits of Madivala Police Station, Bengaluru, accused No.1 and 2 along with absconding accused No.3/Ganesh came there on scooter bearing Reg.No.KA-05-HZ-468 with an intention of committing robbery and attacked Cw.1/Ajay Kumar, and accused No.1/Thippesh snatched one mobile phone of sony company from the possession of Cw.1, while absconding accused No.3/Ganesh with an intention of causing death or causing grievous hurt, assaulted him with knife on his right hand due to which Cw.1 sustained severe injuries on his right hand, at that time, absconding accused No.3 snatched amount of Rs.800/-, one purse containing Debit Card, Adhar Card, and voters I.D.Card thereby accused No.1 to 3 committed offence of robbery with attempt to cause death or grievous hurt punishable U/s. 397 of I.P.C. Accordingly, point No.1 is answered in the Negative.