State By Kowlande Police vs Ramesh on 31 July, 2008

Karnataka High Court
State By Kowlande Police vs Ramesh on 31 July, 2008
Author: K.Sreedhar Rao Gowda

DATED THIS THE 3 1-1 my 09 JULY" 2002;
AND  V   

THE HONBLE MR. Jusrzcta B.sREE'Nij?ASE'GmVE,é;

CRL.A. No.1349 OF 20m.C;/_w 1§'§;.4@20oz,»<i',i;.gg 2. 
}_.CRL.A No-.1349/2001      L


State   V  V .... .. Appellant

(Sn: G. BIfiava;n:I   


 '~  _   

 '  V L " Jav'aim  Razlgasetty


3.CRL.A N0. 1351z2o(}1

State by Kowlamlgh   ....Appe1la1:1t
éflwgi """ H 2  .      '
Venka:;;es1#fl__ ~ '


Tailor,   '
Nanjangudfifaitik.   ~* .....Rcspondcnt

 _ A' (   curiatc).

  is filed U/3 373(1) and (3) of Cr.P.C claallcnghzlg

  ujusi'g2.3_1&zitT-.Qi' acquittal passed by the Prl. Sessions Judge,

Mjrsqrc No.55 of 1996 ctc.,

 Tfiésf: appeals are coming on for hearing this day,

 K.sREz=;_m~;AR RAG, .}., delivered the following.»

A flm 
All these three appeals pertain to the same offence of daooity

" coammittcd by eight accused persons. Some of the accused were


2. The matcxiai facts of the pmsccutiouttiarsct

PWJ. (complainant) was    

Sy.No.79/2 of Mallipuza v1Ilagc'  efiéng {mg  PW 'A

3(daughte1'), pw 44503) and 'cst:;r*.9t3 attaiiout

45 am. there was I woke up,
switched on the lighté, accused assaulted PW1,
gained envy inte the PW} to PW3, PW4
and PW 6.. clothing, utensils were


4.” __P”A(1 ‘ were taken to the hospital. The

poIi<;e–.cpm§§ and records the statement of PW1 as

on ai¢t"'5a'Vsis of which, the case is registerecl. The

are apprehended on 7.11.1993 and at their

the valuable articles which were robbed, have

been ntcovemd which were pledged with PWS, PW9, pwm, PW

A 17 and PW 18. The accused am charged for committing

the ofibnce {Us 395 I'/'W Section 397' IPC.



5. The trial court acquitted the accused 91:; ‘é’:}c;t1t;:i that

the evidence led by the pmsecutioa is not

pmvc the guilt of the accused beygnii

State is in appeal.

6. The evidence of .2 Dacoitfii/xivho
trespasscd into the face with mask.

Therefore the at the scene of
ofiimce possibility of any of the
inmategpi; of the face in onsler to
identfiy of time.

7. “1:;4e_ placed Itzliance upon the

evidgzrzcg o1′ n,=-cgmireiy. At “the instance of A-1, a pair of ear rings

” V’ {Maés).,”‘ATha1; (Md-46) and Thali Chain ( MO 47) were mcovered.

me” Ex.P18. PW 2 identifies MO 45 (a pair of car

ring) as to her and PW 3 and PW 6 have identificd MO

45 46 as belonging to them. PW 17 is the pledges, with

“ii A—-1 had pledged the said articles. PW I1 is the brother of

iéw 17. He alazo states that A—1 has pledged M0 41 to M0 45 with

PW’ 17.

8. At the voluntary instance of A-1, golden (M.O 43)

is recovered from the possession of PW ”

jcwellary shop. The recovexy is ¢fi’écin’cd

PW 18 however, states that he Ar 1. {if

time. PW 2 has idcntJficd’ M} as Be1ongj§1g

9. At the voltzfitaxy (#18 golden thali
(M.C).-44) is recovered from W 9 (pawn
broker). sfiiiaethat he delivered M.{).44
to the identify the person who had
plcdgfzd the iagsse’ of time.

‘m.’At th§’§%§1a:;nt%§:;:§ of A-4, a pair ofcar rings (MO

48) is IBC;§VffiBd findér Ex.P16 fiom the possession of PW

V. ‘_ 13$ !;}mI§téi’).« «13 does tcstifi; to the fact that he produced

‘ police but cannot say that it was A-I who had

at the time of EXPI6 because of lapse of

V’ ” The eviadenct: of PW9, PW 13 and PW 18 in not

‘}E¢:v1§é:’1it:’i1’yiI1g A-1, A-2 and A-4 may not be a serious flaw to

wiisbeiievc the recovery evidence. The 1.0 with whom A-1, A-2 and

A-4 have made confession which led to recovery of incriminating


articles testify to the fact that the articles haveishm at

the instance of A4. A-2 and A-4.. Themfqxffleun _Qffi_1e

end” cues of the 1.0., it gets

robbed by A-}., A-2 and A-4>ax_1d tiiey ‘thgatgove
pawn brokers. Themfom; the
evidence, we find, o =a.__’the “–.t._1A1e evidence the
prosecution has p1t>vcc’i’t11_€’ A-4. With mgaxd
to other accused} then’: is no evidence
to pmve ithg that View of the matter,
the on_¢erTVqf’ A. 1 A2 and AA is bad in
law and ithe Thé appeals are partly allowed. A1,

A-2 and A-4′ ,c§nv££:;cdV:’f;;r’the ofience was 395 and 397 we

and vvsexgtienced to undergo life impnlsonment. The

<:v~ftie1_' <')f in respect of other accused is confitmed.

_ amicus curiae is fixed at Rs.5000/~–. The State

_Sha1I pay' fihe-aéme.

I6 .1

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