High Court Karnataka High Court

Ramachandra Reddy S/O Narasimha … vs State By Bagepalli Police on 10 March, 2008

Karnataka High Court
Ramachandra Reddy S/O Narasimha … vs State By Bagepalli Police on 10 March, 2008
Author: R.B.Naik


IN THE HIGH COURT OF KARNATAKA. BANGPJQORE

BETWEEN

L Ra_m_ac11a_I.1d_aR-L1d.y,
S/o Narasimha Rfiddy, _ VA .4 V
Aged about 45 y’eai”S.p * _ 3. L
R/at Maxganakuntgy A
Bagepa1liTa1uk. A

2. Srinivas (z:,’)._Ni1agi1nib__aiSe<éne:i_',
S/'0 Aamayma Ready'; ' A

Age W-about 3Qye'a1fs., '

R] at _Da1ava.y_iepa11i;'« . _

CI"L§_19&1la*.11"1u1'.VP;4I9.fldE'tl, " _

Andra 'Pradeslrnf _ «-

3. 4;Narr::ndi’a’Réd’dy,
.f_ ‘S /;_~.:)_ Kuntasilb-ha ‘Raddy,

. A ‘._,.1 ~
. H n.ge,«.,. ab fit 22 years,

? “Ri’aa,t’K.isa:cg,:a;g.amaka1apa11i,
._ G6r§Lat1a.;1vi’anda1,
‘ VHi11I:.11.’I_i_3_.tJi’ Taluk,
4′ ” Aladrapradesh.

(At jarfisent R,’ at Golur ‘u’i.”.a g-,

” * Baéepalli Taluk) : Petitioner

. –!(;~’3y:Sr1, (LN. Raju, Advocate for
M/s Sshankarappa and Babu Associates}.


/QL



- v    a perio

AND:

State by Bagepalli Police,

Rep by S.P.P.,

High C-eurt. Bul.di11g.., v_ _
Bangalore.

(By Sri. Honnappa , HCGP)

n 0 u c 0 _ 1 ” I . .

This C1’Lm1ne=.l e’..’1s10n.._. et’. or! filed. 1.1.. *-

us ;. ,.-,V, — I .

397 8:. 401 Cr.P.C praying to”e_ 91; aside” he Ju Vggnent an

£1-

scntencc of’ the 170,, Fast (Track Cour-tmfi, Koiar in ‘

Crl.A.Nos.16_l2003 as”f’18;!2QO3″‘=.dated 15.07.2005 and
Judgment and sentence of -the _C.LJ._’»V.(‘*r. Dn) 65 JMFC.,
Q

Bagepaili, (LC.No,2–83f’19@9_dated e=3=200

This __ 02iijé*f0r hea1*ing, this day the
,:t:n_1,.1’t, m;11_1__:t1:5c’ftJ!1oVir~if1j.g’:’ ”

\II’.»IJI:lI’-

petitiibarhrers’-~ have been convicted for an
ofienee rifider Section 392 IPC and are
of two years and six months

R”.-I.forv’six.1″inonfl1s, by an order of e011vi**”‘T1 “‘”1Ci sentence

. paseed by the Civil Judge, (Jr.Dn) dated am March 2003 in

“‘._ C.C’LA.No.283/ 1999. The said order of conviction and

” Sl:1’itE11C6 is confirmed in Crl.A.Nos. 16 and 18 of 2003 by

9. AL vac:/I:4′,z___

K v-‘

an order dated 15-7-2005 passed by the FastT’_I’r

Kolar and as such the petitioners have come

0

1343.0. . his

u.r u.-..p.p.-.1

111.

‘cu…

2.It is the case of the prosecfifidh eh

a. 9. out 8 9 “1. P.’…2 Pr–=**1n_

and P.W.6.Murthy were goiiig ‘Jeep I’§’i;£i;~4fjJ/Ivi.:T:44 to
Maraganakunte vfllage snack packets to
arrack shops’ persons came in a

jeep and prevented

+1…. .;V.’.’.’-“.Vi ‘-,.;’.._..,..«’:.3-.’.”‘ 4′..Q;.,.;.L;- .-…………..V..:I .. . …. ,. 43-… _: .
um yseuu _[J~EJi§bU1.H’,i u p1 L. Bung J.Ll.l.|-1,1 ‘IA ,_=m;u IUI l.U.i_

pullecivthefil he jeep; beat them with hands

am1..,foreiflb11v_ toekA”‘a§f£1y the jeep in which they were

V. – .a_1ohfi 3580 packets of arrack.

‘ dgéddr to establish the guilt of the accused the

preseeettien has examined P.W.1 to P.W.1O and got

~ marked Exs.P.1 to P.8.

4. P.W.1 Mohaboob Sab is an eye wimeee’–.to the
incident in question. He in his evidence
the ease of t. A % ‘

hostiie.

5. P.W.2.I\Tmmm’ is 1;.

case, he has lodged’. that the
petitioners have punishable under
Section 392. in named the first
accused 5ers’::’orie”:V’*Vo.f’ and has made other
“”” H . ‘our-“‘e’. In me course of
inveefige1fion,~oecused also came to be
‘A32

., fig»I’,Wv.3.Ramacha11drappa is the panch witness to

H “Ex~.P.”S.’V”«.V.”i?.W§?¥.Seshagi1irao is a panch witness for spot

Ex.P.3 and also seizure mahazar Ex.P.4.

7. P.W.5 ChB1’1d1’£-1 who has been referred to above

*:was the driver of the Jeep which was forcibly taken away

by the accused persons herein. pwas a
worker in the arrack shop. He was also in ;,-5: in

111.. _.vit1e11_e __a_w sated Lhat he too wag
W’ 1 P.w.5 auu I-‘.w.o au.1d :11. ‘*
stopped the said jeep, V
and forcibly took away ie; the panch

witness to the seizure i:1ah¥azar.t’Ex_;P;6¢_

‘.:’.:3ub’-‘Ir;speeV§to’r of Police who
registered’ -the petitioners-accused
snrmnaiaht He:-rd.f$onstable and P.W.1O Venkata

Reedy isthanother eenetable who speak about the recovery

V’ _ ‘L.Ieep.H “”” ” A’

~ ix~;r..,r-s-..==r

Vfpetitionersiaccused ‘nereifl Who Elffi rivai arr’ ‘-1: ti

‘ counsel for the petitioner submitted
P.W.5 and P.W.6 are all interested Witnesses,

in se.,.u..r-.g the eonvi ti. 1′: of the

mania’; u–v 4. – ..w wr –

Though P.W.5 in his evidence has etated that he knew all

FALQLL/u2LL’r I/L.__.

the three petitioners prior to thedate of co1111I1issioI1.pof the

offence, there is no mention of the names: foi”__”__ai3′,”the

cti all 1, it

names of petitioners ‘2 and are jj.n.;t’:’.f ‘ 1:; i__t’he*..

complaint as well as in the i’Snhseq11ei’-fig
of furtherestaternent of 3 are
implicated as aceusedinereonei euhmitted that
though we A-in A 2 V V
stolen _po1i§;epp_ Station, a
of witnefie P.W.7, but
the petitioner was not arrested ‘at

all and V;-ninite a. he tinie the mahazar was

djsawn” in the “po1i_ee,stai;iofl, pe’–‘_”on”r was “i_(‘:t preeer at

‘ Lothep drawing up of mahazar and that A-1

. Venirendered before the Court and had obtained

bai1,. ‘Seizure of Jeep on the basis of the voluntary

,1 1.: an 9 nnnimd nn gnw. Hg

5-, CHI-I-I lat \d\I\lnn\JI-an» I-«arr u

‘ no mention about the arrest of the petitioner No.1/A-1

i ?Lé.mu.cL’wL.

and nothing is stated to have been recovered gffom his
possession and at his instance, Thoughicit

the dealers, they in fact didnot licenee_:fe_
arrack in the area where ejlegeti had taken
place. He also submiftediiidependent witnesses

‘W’-” hwn exee11ned»b:,r.’she-1g=:oeee1=1iez1 t.

guilt of the « _ Z:

,.'<:.~,.= .'"–,.;;g.. =,." 1- +
; '._"'c§;' "11 11 '3 Jae material en re-we rd, I

find line agent has deposed in

his. evidenee_:Vt11a¥: he was coming in the Jeep KA 40

V. – aiter arrack packets in Maraganakunte

came in _8.110fl1CI' Jeep

E
D
C:

e
.1

.c jeepufrom proceeding further. He has further -deposed that

ii inmates of the jeep in which he was travelling were

Vipulled down and forcibly the jeep WaS_t&|1£§l’_1 beatixlg

/Q.:@–Q–LJLQ,J..$c’-»I_,

P,W,5 .

P.W.2, P.W.5 and PW. 6. In the evidence it is brought on

record that the driver of the Jeep as well V.

persons ‘..e.e c.21.rr_\,Ii__g cash which they had ‘

selling the arrtcx p”ci{“ts t.m'” t.’1e1;tin1.e’t:ie”j-e}:–

by the accused persons, noiiesof the’*accus¢Ci;9;ti€fiI:ifa’v.o

steal, rob and snatch the cashivieziiotiht their
possession. P.W.2 haestated that
the driver jeep P.W.-.’i r, said persons,
P.W.5 being__tiie” has stated none
assau1ted__him,:::’ * only identified IVLO. 1

jeep bealirig ‘N__o.O5 M/6264. The said jeep

an’ythii1g*iI1« evidence and he does not kT1_’w mjrtliing

mint has deposed that he knew A-1 and

the doesihotiilaiow A-2 and A-3. He has further stated that

i

jfhe; does no. . .-w anythin about the case. Both the

–_’I’-I

‘ Witnesses have been tr”-*t”d “S hostile ..y the p:os…c1_1Li_h,

It is on the basis of the evidence 0″ F’.W”.5 and I-“.W.8, ‘Le

Courts below have held that incident in qaesticn has
occurred in Maraganakunte: – village.’ -‘ {two

nrifnncuans gnu 1n1rne”r!a fig “(L nun

by the investigating. officer T’
independent witness. P.W,»4
scene of occurrence the case
of the prosecution. dated 29-6-1999
drawn for the -s”-‘iez’ _ ‘ T 1%.’o.m.

6264 in by the HC and
13.0 of * has also not been

estahiiishedV.VVsinjeep” witnesses have clearly

Q
‘ .theVjeep. :i.ie;, ___P.W.7 also admits_- that none of the accused

‘fi1*sons'{iz’erevp1*esent at the time; of the S§iZ11_1.’-jQ_:Of the jeep.

In amen it is found that petitioner No. had__vo1unwrfly

sV1″I”‘Is’-‘!’t’£II’|l’1.fl!’Vea anti Ohfnifinfl HQ b1’!

‘ V I..l.I-‘;Z’.\.tl.I.\..I.\Jl

.._.ed. to he made

it is

C-IA M LI KJCLI-I ‘W M Lila

‘out that he was apprehended when he- W_as:_fl the

‘ stolen jeep which was taken to the Police Station in the

10

presence of the accused persons and the same was”–seized

by the investigating officer. It is only ._of

‘P.’t’I!_2′ Pjxr I’: and 13111.5 \_x_jr ‘

VV If-LI ¢’4I.l.l.\.aI. -It

..ic–

.;;4. 1

_’__ -“-1

.es a a111_ of

manner in which the incident ihad…ta;E<ei1 " we 4

reading of the complaint .:~eqea1s"' that aeeusied,
known to the comp1a1'nanHt'V«are not in the

complaint. No attempfiisgrnade.i'.b;:_'thet accusedpersons to

witnesses,' in has also admitted that there

was no._.assaiut.:;py the accused. The record
reveais that "business rivalry between the first
peti..cner.._4 .;*….¢'»e.., iiandfiene By_a__reddy to whom the – jeep

mug No.

' apjmars the quarrel erupted on the date of' the

"incident.V–het.ween the two groups and as such a case came

to iiheviiifiled against the petitioners accused herein. In the

" _instent e"se, the recovery of ii:-L49! jeep -.o-.,- the Qossession

by the prosecution that the jeep belonging to Byrareddy

11

was forcibly took by these petitioners. N9_it_1dependent

witnesses have supported the case of ..to

‘VII f’\ ‘I’\ 1751

the jeep after beating P.w.z, r_.vg:.5 : yd’ _ ‘,
the said witnesses have a1s’o.__1_1oI;
show that they were packets for
distribution in the :’tt1e:’inoiderit “occurred on

th” date of ‘tifie ‘”””*”*-*'”*.f- VA”1°””.’.’V

‘5
t:

In-

‘. is
i
E
2
.2

failed to -tihei it accu$.?§l’.. beyond
reasonabie’~VdoIii1t.VV_i appears to be out come
of busitiess-..v~*–betWeen the first _ petitioner and

Bv s1″e-:,1P.ey t_.e_riv-fl:°’_die11’ibutors of arrack. As the

“.1.-.1}.-.1-. ‘I-us;

‘ 1 to _’g*uu_-“‘t of mesa

prdsecutiofl iiiséfi. iaii

‘ Lpmcusedifieyond all reasonable doubt, they are entitled for

H the revision petition requires to be allowed.

‘ V following:

{TDTTFi’_
\…r£\_:_g*._g4\

The revision petition is aiiovved and the o -u r o
conviction and sentence passed by the trial Court as

12

affirmed by the first ap.pe1late Court is set asid’e«.bT The

accused are acquitted of the _c_ha1’gcs _.

t….,_—. .11: 1331. bends furnished by the

l
H:

1

n
I
3:

1

5

-lid ”v *;..e 2