IN THE HIGH COURT OF KARNATAKA AT ISANGALORE
DATED THIS THE 3% DAY OF' MARCH 2mo~j »
PRESENT
THE HONBLE Mr.JuST:cS 4'
THE HONBLE Mr.JuST1cuiS;;§J.SA*1*z'AreAR,A§*AT:§:A.
CRIMINAL APPEAL 1\_r§;:46.1_/2OO2:._
BETWEEN: 'V "
STATE OF KARNATAKA.
BY HIGH GRoU;\;DS_S_oL1;cE§
BANGALORE. _ vAP{~*"E;'LLANT
{By SR1 P.M.1§TA$~?A}':;4
AJSQW: .... _ ._
S/o.SuBR'AA'2.;ANY,. _ 4'
AGE.MAJ.OR. " T
_ x' 'No. 12., .;BE1~11ND " " ____ H .
1LLA.R1S£:HAr-ADPA GHATT
PRAE§ASEJI_\L4§Cz;'XR,:
BA;'~?GA1,;ORE'§_."_v~--._ " .. RESPONDENT:
V {BY Stir M.v’S,’RA;%y1Act~LANDRA. ADV.)
*3?-‘9!¢**$=l¢
CRIMINAL APPEAL IS FILED U/8.378(1) AND
BY THE S.P.P. FOR THE STATE PRAYING TC)
LEAVE To FILE AN APPEAL AGAINST THE
JUDGM’EN’E” lZ)’I’.15/4/2002 PASSED BY THE xv ADDL.
CITY S.J.. BLORE CITY IN SC.NO.616/97. ACQUITTING
THE RESPONDENT/ACCUSED FOR THE OFFENCES
PUNESHABLE U/S3302 IPC. T’ VT
THIS APPEAL COMING ON FOR HEARING’:’ON:«y?l’f§II’S:’.””–s«’
mymmwmmommmmmmmmwm®fw
JUnGMEN1fe
This appeal is filed by t’ié:e.”;'”:3..f5ate ‘be:ir1g_a§v’gf’ie\red ~’f:)y %
the Judgment of acquittal paysseifiby-._V_the.’C’euy:’t_.E)f 15″‘
Add]. City Sessions City, in
S(lD&L6I6/97vdauxiIfiyé/Q0Q2{qgheh$fi Uuzaccused
has been””fof’~Ijavi1i§”‘e($4rnmitted the offence
punishaliée “u.r1(Vier: of 11°C.
_ The”~essent.ia1’=_fé¢c’i:s of the case leading up to
‘Vvfhis with feie£’ence tea the ranking of the parties
‘beefCn;fie” Cggurt are as foliowsw
‘A Pspamma has two daughters. who are
«I Réyeshwari and P.W.8 — Vézsantha. Mohan {the
‘ *sE@x£sed)u@s auzhusband fPAN£3and Ran5h.fihe
“fl@mfififiHsflwsm1mTUM8,¥UM7–ThmmmfihHsflm
‘wk
–: 3 :-
sistersinslaw oi’ P.Ws.3 and 8 as they are sisters of her
husband.
3. It is the ease of the proseeutioxi that:
was selling eatables near old Congress_.~offi_e’e. situated
near Shivanancla Circle at Bangaloreo eiid, aecEt1s’eCl-L___was«
assisting Mohan the dec:e:1se_d by”.bfingi1tl’g”‘ ‘w:–1vt_:ver_V§2111hd.Vui»
washing utensils. However, eieetisecl irvasilotiproperly
assisting Mohan and”«-therefoI2:e,vv (the accused)
had developed senmityleeaggeiinsthis’ lithe deceased)
and on’a’oo’t1~t,..v3.4O p.m. the accused
stabbed p_w.3 and P.W.8.
who \.verel’*-ggresezito At,.l1:e:iel pulled the accused and on
l1e:;tf:’i:1g._oV’tl’1l€ and 6 who were on duty at
:(Iirc:l.e, came to the spot and P.W.6 gave
message .t’oT._eontrol room and apprehended the accused
l<._a1'1d g~a\:e message to High Grotmds Police Station and
W Head Constable and P.W.10 W Police inspector
reached the spot. The accused was sent to High.
Grounds Police Station through P.W.9. P.W.}l
registered the C.o1"nplaint g_-given by P.W.6 W Police
\,/'
~: 5 :–
the sketch of scene of occurrence. On 27/12/1996 he
sent. the seized art.icles to F.S.L. and received t.he
certificates. He also sent the properties seized under
Exs.P.10 and 11 t.o FSL and completed the investigVatio’n_V
and filed the charge sheet and thereafter,
report of FSL W Ex.P.13 and Survey Report « _ it
4. Since the offence alleged
under Section 302 of IPC are’lt.o’be ti1’ie”clV_by_Vtlhe ‘Com:t”:of
Sessions, the case was ;_.commViitt–e:Ci-to-.the Cit.y_Se’§ssions
Court. Bangalore and mléidle’ City Civil
and Sesv-sAi01′–is City. T he charge was
framed against for the offence punishable
Jgl7iI”lC1Ci’~;gS(3Ct1()1’1 .3G§?e.i_Qf..~iPC. The accused pleaded not
V.’-gtsilty –.aI1d_el;t«é_rfive.d to be tried.
C5; “i’he–V’prt§se(rt:ti()11 examined P.W’s.1 to 11 and got
Vl*~..__’njz11’keld.. to 20 and also M.Os.l. to 8 and
the stiatement under Section 313 of Cr.P.C.
6. The defence of the accused is that he was
“a:+;sist.ii3g his uncie i\/Iohan in running the tea stall and
X3/””
-: 7′ :-
beyond reasonable doubt that the acctised has
téommitted the offence of causing murder of his uncke
Mohan and accordtngiy. acquitted the accused of the
said oft’enCe by judgment dated 15/4/2002.
aggrieved by the said judgment of acquitotai, _
is filed by the appellant – State. _
8. We have heard _.the Vértdldl. Sta.i:e:
Prosecutor appearing for the a”p;§”e»lkant Vi.StatVe and the
learned Counsel appearingoforfthe’:resportdent -Haecused.
Prosecutor has
taken usA”t,Vhr’oLtghV_.t1tte.devid’e<n'ee of P.Ws.} to 11 and the
ctmtents of t.he..,vd0Cvi1nier'its E3xs.P.1 to P20 as also the
avf.ieizideiieeE5"{:»f'" submitted that though the
p'ros.ee1«j1tto'ti.v"cited P.Ws.3., 3 to 8 as eye witnesses,
P.WAs";~3. .7*Ada1I1d 8 being the wife. grand mother,
i"4"-.iffiateLri1aI=—aunt and sister of P.Wt3 respectively. who
.w'ere*::'1ose reiatives have turned hostile and have not
.:'_""s'u';§port,ed the case of the prosecution. Learned Add}.
ii S.P.P. stibmitted that they have not deposed that.
wt
-3 8 :-
Mohan was stabbed by two persons for the defence
taken by the accused and P.Ws.5 and 6. The
Constable and the Police inspector who were
due to V.l.P. nmvenient have witnessed
accused stabbing Mohan and eat.1s;i13gbirnjtj.1_1’*y Wit,l1 f
and their evide1′”ree. (.’.d11I1(Jl b€é.4_;lisbel.i_e’V:éd (.’..1i’1’iij,rj.cv)’_n the”
ground that they are chance witnesses ortliat. they are
police officers. In if t;§1i.e”~-e’0n”t.~ention, he has
relied upon the Cf€?CiSlOF].~~-Gf.1lLh€=HOll;ljl€Vliaisivllfdfeme Court
in reported SINGH
AND gé’:sVf12aTE’oF up.) wherein. the
Hon”ble StFpf’€I11€1 that when police have
WitI’1(‘3S;;9€(;1 the.” i.1;1e’ident-while on duty, they are natural
{vitt11eisse§§”a1i~:iACannot be said to be chance witnesses
and=t:heir:’e1gi’den.(5e eamiot be ciisbelieved on the ground
that ‘t«h€Y–._’lzirfltrharaee witnesses and that they are police
‘ “‘-.()”ff£c:ials einhd in the said case having regard to credibility
–.(.)l-“‘Vi:l'”i’£’:’:€Vidf3]’]C€ of eye witnesses. the relatives of the
..’J”(Ll’C(,’K€E1S€'(i and the evidence: of the police c)ffic:ers,
“confirmed the conviction. Learned Add}. S.P.P. further
\,%e-9″‘
submittecl that it not stiggemed to police wit’nes&_3_es
i.e. P.Ws-3.5 zimd 6 that they had any ill~will agE1i1’i-Si’
said witnesses anti in the atbsence of ahyv.sft1el’i
suggest.i()11 made and in View of t.he-‘i”éi'(ri_–.t,hai_’t P_,WsI5 anti
6 have wit’1″iessed the ihcideiit of &1t’f’.{‘1lE%(?d st.é1bbii1g.
e21t1siI’1g_§ the murder of MOh2111?’-.l.l’.«r2 tri21i”-C0~1,/’fl W?1é'”ri0t
justified in disbelievihg tzhieii” .evid’e.i1ce ahchgiving
benefit of doubt to the zietetziisedlfaiid t:.he– euivtiigsed is liable
.4…»
n
1.0 be C()I1VlCJ[.€d;”(}li”i’:.,lil’l(3 evidge:.:1~&:e’~::)i””P’;Ws.::» and 6 and on
the basis «M P.W.2. Abdul
Nawab Slab QAPSSZ.l.7A:w§1_Q”i:é’ tl1e.PVLV5li(_te C(>nst.able of High
Groimds * uP0lice._ ” St.a1t”‘i~:_;i;’i”«. arid the post:-mortem
exai”niif>.a.1:io11 repciit 21$ ;’3e,rTE1x.P.3.
V’ Le~a,_r1’1ed (‘.()Ll1iS€l appearing for the
r”es5p0_;ide-:it.–«;;ie<f§'L:.s'ed submitted that the close relatives of
the Vcfii-ec:e_fei:-éed' Mohan beingf, the m01:her»in–law. wife.
"sis.te;f_ aiici' SlSl'.(?1'~iF1-lE'1\2V of the deeeasecl P.Ws.8. «fl. 7 and
the mother of the acmised »~ P.W.8 have not
~._"s'i.ippoi't.ed the (72130 of the })I"()SC(.'.1lIIi(.)1'1 and even
e1vc()rdi1'1g in the police. t'.1'1ey are {lie eye witnesses to the
9' .
K}?-1~_.;.k
~: 31
relied upon a decision of the Honble Supreme Court
reported in case of (DHANPAL ~– Vs. ~
PUBLIC PROSECUTOR, MADRAS) (2009) 10 ‘4;ri;-if _
urged by the learned Add].
counsel appearing for the ‘res-3Q0rzdent–eteeiL1_seVCi’,~…,”the
12. rlavingg regard to the aboytj said”e’0nte.ri’ti(J’ns
points that arise for our deter1’1:ii»i1at.t_o1’1 invthis ;i1:>peal
.’:1l”€I ‘
Whetheridthe £’i;dVd£ng.:_§¥tif’th»eVtria1:C’ourt that the
})F()SC(:?1.1’tii’§l1._vl’l.El’i5 1pI'()VCd:’. f:.l12it””‘lVI(3han suffered
is_j’vjV{1Vstified or calls for
“i_r1te_rfere in étppeali?
\NVl’1eetfhr:rxthe’.fii1.d’i’ng of the trial Court that the
p.r0see”u..t_ion has failed to prove beyond
;,fe.e1&§:1ri2.ib1e llll Mdoubt that the accused have
it :V’tior;iri1ii:’t’–ed the offeiiee of murder by stabbing
knife ~ l\/1.0.4 and aequitting the
“~.’rl(?(§’LtS”(?d of the offence under Section 302 of
‘VI.-‘PC is justified or calls for interference in this
appeal’?
.3. What order’?
13. We answer the above points as foiiowsz
Point Nos.1 8: 2:
justified and it does not call for i1iterferen-ee.”’ ‘
Point No.3:
Point Nos} and 2, the appeal. fiieds.
liable t.o be dismissed fort-‘1j1e foVI’1o”w’in§,:~,»”‘3
REASONS;
POINT N0.1:- Itoit’-..{_he pfosécution
that Mohan suffered – Doctor.
who conducted” ~p;)s31_:.mr1=I1o1’iei’n_.e:{am.ir1atior1 and who
has issLied~.t”m:? §;i’i;~=,.t,}’zir1»o’ii*i.;e2:<1'report. as per Ex.P.3, has
deposed €,hat_4l"ie_ of't1i"c:opi11io11 that death was due to
«v..Si'1OC}r'i~;*':.Ellid 1ierr1orr_hag;e as a result, of stab injury
mm. Nothing has been elicited in his
cro'ss:exari1iyifgafoiorito disbeiieve his evidence that Mohari
Csuffered. h1()m.i(?idal deaih. The accused also does not
in his evidence as I').W.1 that Evlohan meffered
____""lioi;nicida1 death and according to the accused, murder
ulrwas caused by two persons a.nd he has witnessed the
said incident": and wherefore. liaving regard to the
\e-«-Q'
Finding of the trial
In View rrr "of our fii'i'dIi'ijg' (.333
see
~: 33 :-
evidenee of P.W.2 and the eont.ents of the post-rnortem
examinatitin report and the very defence taken byfthe
accused. it is eiear that the prosecution has«~~pi”0’\g”eC1,V”
beyond reasonable doubt and the hom_i.e_ida.1.
Accordingly. we answer Point No. 1
POINT NO.2:~ The prosee_t.:tion.to”
guilt of the accused that homicidal -::1Veath”of:M’oha§n was
Caused by accused by injury with
knife — M.O.4 as,aeCord–ing’=.t.o-.the of P.W.-4,
death was CfL1_€§:t() he.:51or1’hage as a result. of
stab i11jLi.1y.–. ‘l’hVe’uiproseetrtwion in order to bring home the
guilt of thee-.;;,¢cu§ec188″ hasifiexéamined P.Ws.3 to 8 as eye
~..wit:nes5ses}’ 8 are the daughters of P.W.4.
Vis..vf;he’«x25}’i’iv’e_of’ the deceased, P.W.8 is the mother
of is the sister-in–1aw of P.Ws.3 and
‘ P.W.s;3. 7 and 8 have not. supported the ease of
I V8p’i*OS€'(?t3ti(I)r} and they have stated in their evidence
V”-____””tha;t they do not know as to how i\/Eohan died. They
‘Wwere treated as hostile and permitted to be eross~
examined by learned Public Prosecutor and nothing has
\>~»’*
been e]i_eit:ed in the emsswexamination to s1,1pp<)1't._»t'l'1e
case of the p1"0sec:L:t.i<m and thereibre. p:'<)see1:;A1.i_C:1" 'i:;%g!.e'i-71;"
with the evidence of P.Ws.5 and 6, the eye._\viiii1eisse:;; 9
motive for the offence and eiisii) t§h'e._eividei1_(}e._Qf"the?
Medical Officer and the 1r1.vest:ige;.ti'i'ig Of£'i:<5'mf"'i.<:) b.rii:i5_§"V.e
home the guilt of the a<:cL:se<':i';«.:'=.
P.W.5 — 'X in his
examinationwin3ehief about 3.30
p.m. he ureisi: Circle,
High Ka:r1al<akL1mar, Subw
Ii1spe(§'é;§)r of duty in the same circle.
There wa's:__ai V.I'.F?.u;n1<)§%gen1emi at that time and some
oti'1e1j'i.'1';"–;fii(: hffieiéliis also tliere. At: about 3.30 p.111.
"heard Sonie gevifléifa from a neighbouring mpoL1nd
_w’ithin_ Of” ..CQ_i1’gress Office and he was at a distance of
200??-jet.’ aiso Came near him and both of them
urenij togetiiier towards the place where iihey l’1€€l.}.”d
,ga1:;;1_.ta, they saw two persons scuffling with each other
_ and. due assaulting the <)t.he,r with .21 knife. The victim
xwis alga:-d about: 3065 yrs. 8: the Culprit was aged abouiz
2022 years. "I\Ivo ladies were trying to separate them.
Himself and the Stibvirispectoi" of Police went. to
and on seeking-.§ him. the culprit started to mt-1.
apprehended the culprit within t:i1at"~e0ni.4p0_uundhitiseff.
The culprit was none other than t,hee_a"ccused'be'f0r'e
Court. The injured had bleeding. en
his neck and chest, arid'fgur1di't'h'at'j'ifi'§.was"deacfdue to
the injuries. On that twe
iadies were .. — Vasantha
and learnt. theiihusioand of P.W.3 and
The accused
was }1E1\rivtIgV: the crime. The accused
z11011gA.:xrit,11 the 'weapon'; was handed over to High
Ga"lit:e. whomcame there and poiice recorded his
st-atteimeat 3. ‘V ”
“‘”it ist»_”fL:r*Ei1e1* elicited in his cross-examinat.i0n that
therewere 4 or 5 main roads which meet. at Shivannada
.’_’j_C3i’rtV:’Ie;’: It is not correct to suggest. that he was posted to
‘«..:VW'()’rk by the side of the Race Course Road to control the
traffic on the day. There are commercial estabiishments,
\JJ’%
-: $6 :-
banks. shops and one petrol bunk around the
Shivananda Circle and he was standing by the sideliii”
the Petrol Bunk on Hare Krishna Road and C.W._i_&»
standing about 30 feet away from him not”
observed whether there is service’; station ‘iy11’7th.e”sa_1_fne{ y_
petrol bunk and in that _eo_mpoi;2n’d’–. thevreaivlisl’
Congress Office building and it’l’i’iw’as_being;. jjzsed that
time for running a eiothshoo byvl’nam_e.Vinayaka Hall.
There were many -ind:iffe1’*ent§._’jvshops, petrol
bunk, bank ;%_ind;1i:e»l’otl)e–r 3:eomniereiai~~*establishments.
There were also_person.s’=on the “road. Some outsiders
also came uru1jm’ing ..:tewa.rds””spot.. P.V\/’.6 was having
revolver withyhvirn ~an’-:_l has not observed whether
P.W.3;– “Rajesh\3va_ri and i3.W.8 — Vasantha were stained
l.wiI.’hV”obllo()'(i thei17″eflot.hes or body. while separating
“s:se1*zfile’._ ‘l’.h’e..4€’f()yn”1pt1I1ti was about 3 feet in height from
g1’o–t_ind’ “;:Alny outsider has not come inside the
jeompouznldyy when they entered. He cannot. say which
‘c’:olourecl”shirts and pants were worn by the deceased
an(} 411;». accused. He cannot say the descriptions of the
\,../*<
–:17:–
elotlies worn by C.W.3(P.W.8) and eamioi say the
direction in which the deceased had fallen on fthe
ground after he was injured. He cannot say iri—i§rh_i_(:iEi,_A’
direction the accused was fleeing at the t,i131.e,V_Q§.Vas.sa1;it
and he has not signed the inqtiefst p.r(5(je¥c%di’ngs..’*..it__
further eiicited in his er0ss–ex:3ui:}inat,’ion”1;l’1at,»hehas rixjot”
given any report. to the PoiiceuJrispectei’ High
Grounds Police Statiori the spot and
the statemerii. \.vas_ 1″ee0rded_fbyV.i.h»_e i’rivest..i’g.ating Officer
on the same dz}-.y I1e”<:air1I10t4_ z-itwhat time it was
recorded. H'e"haj1s the statement, which was
reeordeduV§:)y«.the– V1i'i&fesfti«géi*t.i.i1.g Officer. He Cannot say
which date was-mei'1t.io:ied7'in his stat.emeni: on the date
of reeordsiiig th.e_ Vfsiiatcment as he has denied the
s:;iggVe*stid.f': tfi:-3,1 he \}€e§sfi'1()i: present. on the spot and that
"i1_e"'§'1ija;s.rio_t;i'§3pr'eh(+i'ided the accused and that he had
n0'a;.seenftii–&:;–: incident. and that he is deposing
falsely t.i:e insieznee of his higher officials. It is
h"-.i'{i:t,her e}feit,ed in his er0ss~examination that after
"ap;)reii_Iension, the a:r1s”standing on
the spot and iS’;i::–‘”IiC,?’lj.T’.’I’i1,lé:.’.._ te _$iig§§eé’i.””t’ha1t he has not
arrested the ét’crc’jusee’iVat_t:i’1e platfemétrld time.
P.W;t’§ “-A I*{21V1I’1’geI;’i<.a1V"*-Ktsriizir has deposed in his
€Xa[I}il§21v{iQI1~ii'1*-Chia' on 21/12/1996 he was
eie-pVuV't'ed tit. Shivemanda Circle for special duty as a VIP
t)ii–‘- iV1&1l21’svi.y”avCV p.315-‘5SiI”ig 1hI'()t.ig;§}’I that eireie. He was
_t.hete”««i’roz;i’2!A.:p;m. on his duty. P.W.5 Chamaiah. Head
Ha”‘Q(;t15hI.21bI’e–it was with him and when he was in
_’ e.Sf2Viva:–1aI1d21 Circle. he heard some cry from a
Q'(.:’GI1:ipC)t.il’1C1 which was by the side of Petrol Bunk
“situated just after Shivziimilda Circle. It was about 3.30
\\5.-5’*
“I 19 :»
p.m. 211101 P.\-‘$.53 — Chamaiah \;’\;'”cL”3 also with him and both
of them rushed towards that Compound. When they
went: near the eempound wail. they saw
assa.1,1lt.i11g another person with knife on hi.S,V_t’Eh.est.:”a.ndl
neck. Two ladies were at,tempt.i11g} to ‘r_elseul’e lv=i.e-tirln__ f
and he sent wireless message.A_t,0 I””lli’_L_I{l1l”GI’O1Ji”i’£lS,:POlll;3€Vl
St.atio1’i to Come to the spot, whiu(E’i:tlv»*’e;s the%’j,,l:Ilrilsdieti0nal
Police Sl,dl’,lOl’l. Iiniiiedicately tl_heir:’,e1i’t.ert.”‘l3e jumped over
the com otmd wall and,…wen.t’ir1:side’*an’e1g-ei rehended
P _ V, _ _ ‘V , PP
the accused. ‘lli’he:5e’tVi.etifn dr1″”t.he ground and
died blleleding injuries and he
e11qLiiredlwfit’h who were there and they
disclosed tl’1eir’lI1e;me’e es Rajeshwari (P.W.3) and
V.Va,s21ntl1a’v(P§~\g\/.8} 2indlllt;()ld that the deceased was the
“.l2ajesl1urg1’i and Vasantha told that they
wereasisteis: _(;i:I’1d aeetzsed is the son of Vasantha [P.W.8).
ll High Grounds Police Inspectmr came to the
_Sl1_).()ll.’->1i”}CFl the 2:i(:(i:used was having weapon when he
‘:=V2.=.pp}rehe11ded him. After arrival of the jurisdictional
” Police Inspector. he handed over the accused along’ with
‘x3»/”
the weapon 1.0 him and gave. complaint as per Ex.P.6._
which is in his hand writing and Ex.P.6(a} is’
sig1’1a1.L11*e. l\/1.0.4 ~ knife was with the a(éc?useci'”‘ah:_i–..he;.v
cannot. recollect. whether he haci
mahazar which might have been dirilthlat
lie. is eliciI’.e’d in the (Tl’OS.$:'(?XE1Hiii”lat’i’O’Gf of P:W.6
that at about 4 p.m;’i=.he “passed
through Shivananda CireE’e.._ ‘E*’C:i1r.–maifi. __r1oads join at
Shivanarlda Ci_i'(§lL5;.if’1″0rn”-. fous””lVdi’r¢C3.ti.Ver3.s.f There was one
regular treiffir; cf;jrisi.abl’eliéivlie’wasV”~;:6r1t1″olling the traffic
at that eireie. V”i”lieife_}w’»:»11Sl’–al’s-0’traffic: signal at that place.
Malasiya _Vhadx’1.oag–f}”fre’i”1i Rajbhavan to National Law
On the road where the VI? was
V’–v.reqi1″1red’.i’:O~ ilimugh, many regular police staff were
posf’;eCl. ‘i’l”1e§1′<:.5' might have been a Police Constable or
., rQther ail a clisianee of 200 or 250 feet. There
ig_hi.'ghave been regular police at or near Shivarianda
Circle at that time. Some senior officials were also on
iduty. ln Shivanarada Circle some other senior police
officer was also posted. He was posted {here to
gea .
sixpervise the traffic movements. He was required to
supervise from Shivananda Circle to Trilight Circle rislear
Race Course. O1″di1’1ai’ily, he was not 1’eqi1ired—.te.__’go’
outside to any other place when he was o1’1,…d_ti’tylw:l1er1
such VIP would pass througlt. l,etu§_e1n:cl. eO}rder” p.’ol.ieea_re.., f
required to maintai11 the Law .ein._c__1 Order.”
it is fi,1rther elicite”d__iIi his that
it is not correct. to suggest. building is
about 150 fE3€t,3*’vVl:C41.é..v’ there is a
service station are
at the sa7s1e’– ple1cVe’;’:fHe khoxv where Vinayaka Hall
is s1’tL1at:ed. ‘ii.t_ is 1101 ciorrej:.i’I. to suggest that Shivananda
‘”~Cir<rle' '}11'1<_:_i' the pl"aee,.___(_)__is'.ofieiaee were at a distance. of one
l'–it:i7io"ng_. "w'i"tr1ess volunteers that the distance might
or feet. That circle is a busy CiI'Cl€ and there
tgsed to be heavy iraffie. Ntzmber of pedestrians were
"s'lso_ lllthere. it is not true to suggest that from
–._:Sh§vananda Cireie one eanrioi see the person standing
sort the place ofoffence. When he heard the ery. he was
in the center of circle. P.W’.E3 e~ Chamaiah. Head
2\J_,x
~: 22 :w
Constable was with him at that time. There was a
traffic umbrella in the ()GHt.€1′ of that CiI'(?l€.
traffic? Head Coristabie or Police Constable wa;s*—-a’;’nde’r:_A’
that umb’rella.. Himself and P.W.5 M
went. to the place of offeiice after hleariitig ji:h’e f
police officials have not foll0.we.d tilierijf
saw the assault, he did not try tevslidot aiid that he was
also not having rev01Ve.r_:” _ ‘«_S€;i’viee_’»retrolver was not
provided to him, Th.ere_ ‘=waS reeorririfrefiidation for
supplying i’eV4.{)l.\_/€l”:1:”t'(Z_>_. Stib-:l..rispe_trtVr)r e’I””‘P01iee. It is not
correct wljehever police officer is
deputed fer VIP take firearm with him.
Himself -valid ‘lJ’.vW;5.”‘– Chaniaiah ran together to some
(}llE;1;fc1iitT€*~.§]€aF the compound P.W.5 — Chamaiah
other side. P.W.5 first entered the
_c:0nip”et1n..d.’ ~.:Whiie running to the spot. he had also
the message to the control room. He sent
to the effect that some galata was taking place.
–«..:’Wl’1en he was at a distance of about 30 feet. he saw the
‘ assault and when he went near the spot. the victim had
\W/E
~: 28 :*
fallen down and there were two other ladies and the
accused had gone to a distance of 20 feet away fromfpthe
victim. The accused was facing towards West
first saw him. when he was assatilting. say
which type of clothes were worn by f
time and he cannot say which ty’p.e’of clothevs were’
worn by the deeeased. The t.\vo’e..l_xad1es w’e-Ieajlsovgfacing
West while. they were lisesiséuihlg The ladies
werejust by the side of the.:yictih1A.:._ imlev,eah_n’ot say which
colour of ctlo_t}iies:&were’–yworri 4_’by”‘th’ose ladies. The
deceased ielllitdfiywn 3wieth”‘h’_is head towards and he was
lying face’u;j’wa1’d.sL’ -.ljy”l.’h'<–;t_:j_e'."wa.s no shop by the side of
lhdl. spots, The vi'e{.ini* had fallen on the gibund at a
of 233' feet away from the outer door of a house
sltitiaitéfil -p–l'a(:e. '1' he petrol bunk was running on
that public also came to that spot. He
"4"-.ea:;i1ot; whether the employees of petrol bunk came
it .'£:h'e_re– or not. The accused ran towards East. Or: the
side. where the body of victim was lying there
'were residential houses. He calmof say whether the
~: 24 :-
residents of those houses had come to the spot or not.
Elxcept himself and P.W.5. others have not att.empted.._to
apprehend the accused. There is one Hareki’isi1i’ia..”vv.
Cross Road by the side of the premises.) it
apprehension of the aecusecl they”sriateh’.ed knife; in
which was with him and again thegfynaide hilrnpto.
the knife at a safe place. He h;;§’».,i10t
complaint filed by hini~.thatrh’e”the éiecused to
keep the knife at a safe place. Hig’li.’.:G_r’t)unds police
came at about ‘l’;l1e7Po1iieeihislfiieetor and three
four stall’ ctanieVi.5t_here.– tell their names. He
has gi\~’er’i_ihe Cle_s(_:~.ifipi.1eii*»ri)f’ the spot. But he has not
mentioned lithe l:>c)V{meIar’ieds_.’~ of the spot. High Grounds
police jiooli the V-apVci’u’sed with them. The Inspector also
V.\’xV””€:”f1′”1′{“.t..sA’:7.1″t5._Vl’.llflfijfll. ldellwas not present at the time of
in_.qi:_es’1.–p’roCr~eedi’ngs. After handing over the accused,
helifetur’nedV7eIt;o..5his duty along with P.W.5 mm Charnaiah.
‘In his zpvfesencte the Inspector had not recorded the
l”s,t.aete.r11e11ii’s of any witnesses including P.W.5 –
,_’iA’Ch=’;1n1éiia1ii. He had not gone to High Grounds Police
\,/*5′
–: 25 1»
Station on that day. On that date. the statement of
P.W.5 was not recorded in his presence. He had not
observed whether the deceased had worn ehappaiatjr.
other footwear and whether he had any 0the3″”th.1_ng§s
with him. it not true to suggest that..’:’he”‘~.was it
eittrusted with duty at Race C0L=.rse_—Ent’re=an<:e'- atlf<.___z1=::g
Trilight Circle and that he was-.._reqttir.e'd to "fi.f:'(.)AiA?!'f'L"IT()_VVlVVVt_}:§1€ ll
vehicles passing through Race (__3_d't,1rs~:=._% {Road and that he
was not deputed at Sh'iv.ana.i–1_d2i»'vC'i"reie.'~._It is false to
suggest that hiniself or,P'.'W…5 to the spot
and that he h'2tdV_r10t:_seen«.any assat1lt.. it is not correct
to stzggestj. that lie *t14t5ta._st'::f1'i any ladies at that place.
It is not trt1e"–t0 'stigges~tstjh.at'. he had not seen any ladies
mat that place. .lt"."és___n_Qt true to suggest that when the
3,accused_'was°ehasing two real culprits near Triiight.
C~ir(:ai._e. lie"apprehended the accused suspecting him to
be 'i11_}?tJlved–'ih 'some crime. It is false to suggest that
'whenlaeetised tried to explain why he was running
".t_she1'e-aiidll when he tried to explain that the real culprits
'Cwelije running away. He did not allow him to say
'\.~–«"'
-1 26 :-
ariything. It. is not true to st.1gges£: that when he Céltlghl
hold of the accused, the public started galata and th__eh
he informed the control room. It: is not CO1’ITt{*i’CV'[:”««.._tO«_
SLlggE’.S1 that he accused was not having any l<;.r1~iir"e_' w_1'tfh
him. it. is not trtie to suggest'. that l\/1.0.4 w"'<}g:i1i.ifeV..tw2tsi'
planted by them for the purpose Of~{ih_i's hat.
true to suggest. that at the instance Of.Rfilvvllfldi'7aV"Pl"E1$'8'§i:%gsA'
Police inspector of High Gmunds Poiice–.Statiot;,. he" wiasa V
deposing falsely and that V o1:i)ftigihg.V" liimg gave
complaint as per Ex.P.ES__as req_u_est.ed'w..by hir'n..e_AHe:§leamt
that dec:'e21se'CiA»x{itr;v-is the. '{ii1cis3 of the accused and he do
not know \=vl1<:t.l1e1'._:'.ti'ie._i"aré~t"t1sed was assisting the
deceased in t5he»'czm't:ee'r1 fun by t.he deceased. it is not
t'rue that had not seen the assault against.
ciee(1VeiasVec§_:'ém.Ci Vtjie~1fa_',t, he was deposing falsely. it is false to
suggest. tiv_l1e:1;viévl1e1'1 the accused interveried to rescue the
'"'-._(l'erjeased'v..–from the real culprits, his clothes became
thl0V()dst"a1i1u7d and that as the clothes of the accused
'w'e–1'e bloodst.ai1'1e(i and he was chasing the real culprits.
a
MA
–: 28 :-
tv»-‘() other (‘1.1lp1″ii$, who (‘E1LiSt’d s<;i.:;1b i1'1}LirieS to M0han..
he was apprehended by P.Ws.5 and 6.
15. It” is clear from the faci elicited in E-Ah’e
exainii1a’:io11 of P.W.5 iilat he has ti-iea-riy a”;dn1<i£'£,-eci iihafi
he could not see the accused frciiniihe._;ji21ee"Qi'–assa£:_.i'1'i..
where he was standing and W21s_ si;–e11ivdi§':g'V"fro'fra
20 feet: away from him' 21_I1d _:(.".(i'.él'!'_ thatihey were
stemding at Shivatimicia Ci1?.eie.i'wiifierrs. ll .n_1=Q*2i:_j1s meet. and
tliere will be t.rjaii'f'i'::: 2%;:1d::_ standing at
21 ei1*cle. wiliieli _é1'i"'–.-9;. 6)? 300 {,0 350 feet as
adrn itt edgi n '–t.he ea' (is-s4ex:.u1ji'i2 at io 11 of P .W. 6.
16. IV1’i«,view of f4h€’v.§§}J’iCi€I1(?C of P.W.5 wherein, he
–.has v::r1~eai’i§,r a(1n1it;’t.e,d_____ihat 21<"t.u2i1I assaiiit. could not be
V'S('°,€vl1'"f:T()I11_V'f"i1:fi::-.$iiizi_C.€ where they were standing, it is clear
from the €'.?\"'i'x§j_€'1'i:(?t' of P.WS.5 and 6 that: they have seen
"1i1_1e 221(:1",iL:=:a;I'ggisszguiiii by the accused with the knife « i\/1.0.4
11(,)€."*«_.£.i*1:tlifu1 and reliable. The i'a(t1'.s elicited in the
V"CT1'()SSw€fX£1]'I"li11Efl.i()I'} of P.Ws.5 aim 6 would clearly Show
:."that they liave gone to the spot a£'t:e1* hea1'ing the Cry and
\\.J"/K
-2 31 :-
exridencie of eye witiiesses is believed to be truthful and
reliable the same can be relied upon to base a
C()I’1\-‘i(“tt.iOI1. if the medical ex-‘id<:~nee is contrary to ihe
evidence of eye wit.1'1es:-ses. howe.ver. in view–._'f"-«o'f'*,,'
2-ippreeiatioii of evidence of P.Ws.5 and 6 '
above. it is clear on 'c1ppI'€Ci&1'[i0l1:"lih.£14'[.' 14hey4'}1;%Vel'n.(§.t.
proved that P.Ws.5 and 6 wiii1ess"::d:1'.i;he
they went only after the in(:ide.1_i1"~~was lover .e_1r1.r:.1V'i~!;V'"i"s"'{l"1e
specific case of the proS'ec:ut1o'1'1~.£_haVt'-a.aC(:used stabbed
Mohan with l\/1.0.4» W knife of medical
officer sl2i't'e~d5vii1 his ::'4\?id_eI1c1e. would clearly show that
the stab ii'aji1'ry lead and hemorrhage leading
to the vdeathlm" l\riohVar1A"Veo'u"ld not have caused by M.O.4
v..-"valid §'ii'5'«i.S:el<32}.i" i'hh'c'i'i.«.1..h.C»evidenee of P.Ws.5 and 6 is not
t.r"u3:hful é'a1f'1d_'1'~e_liable to the extent they have witnessed.
I'{i___ }Z_).W.l that it is not Correct to state
t,hai:. i'r;irnecliéi_1esly after the ir1eider1i1._ police Came and
_ '21p;)reh::.r1V"tiec}V him alcmg with knifewl\/l.O.4. Other
"V\.'V"',I"{.',Ai1.LV"'.'.'.'.':'4'$5.3.SV" 4. "F and 8 l1E'1\-'€ not supported the
_' e21's:.._V."of; the prosecution and further in this case. the
MI: .
-: 34 :-
confirmed. Bail bond exectned by the accused befme
tht? Sessions Cour: :+1.ar1cis c:2111c’e1lec1.
*1:i\’.=~: