Dismissed

State of Karnataka v. Chandra Shekar Hiremath

Karnataka HC14 Jun 2019CRL.A/100031/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed special leave appeals preferred by the State against acquittals. The court held that the prosecution failed to prove identity beyond reasonable doubt due to doubts in witness evidence and improper production of digital documents, confirming the trial court's judgment.

What did the court decide?

Criminal appeals dismissed; acquittal of respondents confirmed.

State of Karnataka Vs Chandra Shekar Hiremath — Criminal Trial and Appeal | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF JUNE 2019

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BEFORE

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THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL APPEAL NO.100030 OF 2019

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C/W

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CRIMINAL APPEAL NO.100031 OF 2019

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IN CRIMINAL APPEAL NO.100030 OF 2019 BETWEEN

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STATE OF KARNATAKA REPRESENTED BY THE INSPECTOR/R.P.F., GADAG POST, GADAG THROUGH THE ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA DHARWAD BENCH. (BY SRI.PRAVEEN K UPPAR, HCGP)

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... APPELLANT

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AND

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SHIVABASANAGOUDA AGE: MAJOR, TALUKA PANCHAYAT SECRETARY TALAKAL VILLAGE, TALAKAL DIST:KOPPAL, TQ:YALBURGA PIN CODE: 583238

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... RESPONDENT (BY SRI. P. G. MOGALI, ADAVOCATE)

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THIS CRIMINAL APPEAL IS FILED U/S 378(1) & (3) OF CR.P.C. SEEKING TO GRANT SPECIAL LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL

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DATED 28.05.2018 PASSED BY THE CIVIL JUDGE & JMFC COURT, YELBURGA IN C.C.NO.137/2010 AND TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 28.05.2018 PASSED BY THE CIVIL JUDGE & JMFC COURT, YELBURGA IN C.C.NO.137/2010 AND CONVICT THE RESPONDENTS/ACCUSED TO FOR THE OFFENCES P/U/S 147, 174(A) OF RAILWAYS ACT, 1989.

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IN CRIMINAL APPEAL NO.100031 OF 2019

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BETWEEN

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STATE OF KARNATAKA REPRESENTED BY THE INSPECTOR/R.P.F., GADAG POST, GADAG, THROUGH THE ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH.

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... APPELLANT

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(BY SRI. PRAVEEN K UPPER, HCGP)

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AND

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CHANDRA SHEKAR HIREMATH, EX. VILLAGE PANCHAYAT, PRESIDENT OF BHANAPUR, DIST: KOPPAL, PIN: 583238.

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SHANTAVEERAIAH DALAPATI OF BHANAPUR. DIST: KOPPAL, PIN: 583238

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YALLAPPA METI OF BHANAPUR AND P.L.D., BANK PRESIDENT, YELBURGA, DIST: KOPPAL, PIN:583236.

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SHIDDALINGAPPA HADAPAD

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BJP PMEMBER OF KOPPAL, DIST: KOPPAL, PIN: 582110.

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KIDIGANNAIAH ADVOCATE R/O: LAKAMAPUR VILLAGE, TQ: YALBURGA, DIST: KOPPAL, PIN: 583236.

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SHARANAPPA ULLAGADDI R/O: VIRAPUR VILLAGE, TQ: YALBURGA, DIST: KOPPAL, PIN:583236.

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RAVI JAKKA R/O: KUKANUR VILLAGE, TQ: YALBURGA, DIST: KOPPAL, PIN:583232

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SHIVAKUMR NAGALAPURMATH R/O: KUKANUR VILLAGE, TQ: YALBURGA, DIST: KOPPAL, PIN:583232

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... RESPONDENTS

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(BY SRI. P. G. MOGALI, ADVOCATE)

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THIS CRIMINAL APPEAL IS FILED U/S 378(1) & (3) OF CR.P.C. SEEKING TO GRANT SPECIAL LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 28.05.2018 PASSED BY THE CIVIL JUDGE & JMFC COURT, YELBURGA IN C.C.NO.148/2008; TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 28.05.2018 PASSED BY THE CIVIL JUDGE & JMFC COURT, YELBURGA IN C.C.NO.148/2008; AND CONVICT THE RESPONDENTS/ACCUSED NO.1 TO 3 & 6 TO 10 FOR THE OFFENCES P/U/S 147, 174(a) OF RAILWAYS ACT, 1989.

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THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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JUDGMENT

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Though these appeals were listed for admission,

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with the consent of learned counsel appearing for the parties, they are taken up for final disposal.

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These appeals are preferred by the appellant-state being aggrieved by the common judgment passed by the Civil Judge and JMFC, Yelaburga, in C.C.No.148/2008 and C.C.No.137/2010 dated 28.05.2018.

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I have heard the learned counsels appearing for the parties.

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The case of the prosecution in brief is that on 27.11.2006 in between 7.00 a.m. to 11.00 a.m., nearly 250 to 300 people of Bhanapur and surrounding villages came to Bhanapur railway station by holding play cards and banners in their hands, with shouting

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slogans for regular stoppage of train No.6592/6591Hampi express, train No.7225/7226 & 7227/7228Amaravathi express and train No.7415/7416-Haripriya express at Bhanapur railway station. The said agitations were lead by accused No.1 and other accused persons, who are said to be the members of BJP. On the said day, train No.6592-Hampi express, which was about to pass through the main line, was stopped by the agitators in Bhanapur railway station at about 8.45 a.m., and they climbed the engine of the train, exhibited banners and play cards with slogans. The said train did not depart due to fouling mark could not be cleared by Hampi express by agitators. Local police, GRP and RPF personnel tried to pacify the same, but agitators did not vacate the rail track. They compelled ACM/Hubli to give in writing that their demands will be decided before December-2006 and thereafter after undertaking, they vacated the track. Due to the said act of the accused, Hampi express departed from Bhanapur at about 10.11

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a.m. There was a delay of 84 minutes due to the agitations made by the accused persons. On the basis of the complaint, a case was registered against the accused and after investigation, a charge sheet came to be filed. The court below took the cognizance of the offences. Insofar as accused No.4 is concerned, case as against him was abated, since he died during the course of trial. As accused No.5 remained absent regularly, a split up charge sheet came to be filed against him. Subsequently, he was traced and after hearing the counsel for the parties, the court below supplied the copies of the prosecution papers, charge was framed and read over to the accused, they pleaded not guilty and claimed to be tried. As such, the trial was fixed. In order to prove its case, the prosecution got examined six witnesses as P.W.1 to P.W.6 and got marked 28 documents as per Ex.P1 – Ex.P28. After closure of the evidence, statements of accused persons under Section 313 of Cr.P.C. were recorded by putting incriminating

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evidence. They denied all incriminating evidence, but they have not lead any evidence on their behalf nor have they got produced any documents. After hearing both the counsel, the court below passed the impugned order, wherein accused persons were acquitted of all the charges leveled against them. Being aggrieved by the said order of acquittal, the appellant-state is before this Court.

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It is the submission of the learned HCGP, for appellant-state that the finding given by the Court below is not correct. P.W.1, P.W.2 and other witnesses have clearly deposed that under the leadership of accused No.1 and other accused, people of surrounding villages came to Bhanapur railway station and obstructed Hampi express train to move further and caused delay of 84 minutes. The trial court, on surmise or imagination, has come to a wrong conclusion and has acquitted the accused. He further submitted that photographs were taken by digital media and placed

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before the Court, which are marked as Ex.P.11 to 27 clearly show that the accused were participated in the crime. The court below ought to have believed the said photographs. On these grounds, he prayed to allow the appeals and set aside the impugned judgment of acquittal.

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Per contra, the learned counsel appearing on behalf of respondent-accused has vehemently argued and contended that the trial court after considering the material placed on record came to a conclusion that the identity of the accused itself is in dispute and has rightly acquitted the accused persons. There are no good grounds made out by the appellant-state to allow the appeals. On these grounds, prayed to dismiss both the appeals.

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I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.

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It is the contention of the learned HCGP that

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P.W.1, in his evidence, has stated regarding the photographs, which are marked as per Ex.P1 to Ex.P27, in which the presence of the accused persons can be witnessed.

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As per section 65(b) of the Evidence Act, if any digital documents have been produced before the Court, they have to be complied with the provision in accordance with law. The same has been stated by the Hon’ble Apex Court also that such documents cannot be entertained in evidence in the absence of proof. For the reasons best known to the prosecution, no such certificate has been produced to substantiate the said documents. Under the said circumstances, though Ex.P11 to Ex.P27 have been produced, they are not admissible in evidence. In the absence of proof, the court cannot look into such documents and come to conclusion that the accused persons were present at the alleged place of incident on the alleged date and time.

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Be that as it may. It is an admitted fact that

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nearly 250 to 300 persons were gathered at the place of incident and stopped Hampi express train by putting their demands. When admittedly 250 to 300 persons were present, then under such circumstances, all the persons should have been arrayed as accused for having committed the offence but for the reasons best known to the prosecution, only these respondents have been made as accused. Remaining persons, who are also responsible for the said crime have not been made as accused, which itself clearly goes to show that deliberately and only with an intention to falsely implicate these respondents, a false charge sheet has been filed against these respondents. Why remaining accused have not been arrayed in the case is not forthcoming from the charge sheet material. Even, when 250 to 300 persons were gathered, then it is very difficult to any person to identify them. Though P.W.1 and other witnesses have stated about the presence of

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the accused-respondents, in a short span of time, it is very difficult to identify the accused persons in a huge crowd. Even as could be seen from the records, though the prosecution witnesses have deposed regarding the presence of the accused, but no individual over acts have been specifically stated in their evidence. In the absence of any such overt acts, it is very difficult to come to a conclusion that the accused persons had obstructed the train at Bhanapur railway station by putting their demands and caused a delay of 84 minutes in moving the train.

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Even as could be seen from the evidence of P.W.5, he has clearly admitted that he was not present at the place of incident on the alleged date. The prosecution has got examined the station master but he has not supported the case of the prosecution. He is considered to be a material witness, who was present in the said railway station. When he himself has come before the Court and stated that he was not present at

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the place of incident, it creates a doubt regarding the case of the prosecution that the respondents-accused were involved in the alleged crime by forming a group and forcibly stopped the train.

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P.W.3 to P.W.6 are the official witnesses. They have also not supported the case of the prosecution. Under the said facts and circumstances, the case of the prosecution creates a doubt in the mind of the Court. It is well settled prepositions of law that if any doubt arise in the case of the prosecution, the benefit of doubt should be given to the accused. Looking from any angle it appears that the material which has been produced by the prosecution is not so worth to bring home the guilt of the accused beyond all reasonable doubt. The Trial Court after considering the evidence available on record has rightly acquitted the accused persons.

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I have carefully and cautiously gone through the judgment of the Court below. Neither there appears any perversity nor any illegality in passing of the impugned order. Said order deserves to be confirmed. Accordingly, it is confirmed. The appeals, being devoid or merits, are liable to be dismissed and accordingly

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dismissed .

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Sd/JUDGE

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yan

State of Karnataka v. Chandra Shekar Hiremath

Case brief

What is this about?

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State of Karnataka v. Chandra Shekar Hiremath

Case brief

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