Criminal appeal filed against conviction and sentence for dacoity (Section 395 IPC). Court upheld conviction, finding identification evidence and prosecution material sufficient to prove guilt.
Criminal appeal dismissed; appellants directed to surrender to undergo remaining sentence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2021
BEFORE:
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.532 OF 2011
BETWEEN
S/O NAGAPPA AGED ABOUT 31 YEARS AGRICULTURIST
BOTH ARE R/AT BESTHRAHALLI KALYANADURGA TALUK (ANDHRA PRADESH) … APPELLANTS
[BY SRI BASAVARAJ N.PATIL, ADVOCATE FOR SRI B.M.SIDDAPPA, ADVOCATE]
AND
STATE OF KARNATAKA REP: BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 … RESPONDENT
[BY SMT. RASHMI JADHAV, HCGP]
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 20.04.2010 PASSED BY THE ADDL. DIST. AND S.J., FTC, CHITRADURGA IN S.C.NO.15/08 CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 395 OF IPC AND
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THE APPELLANTS/ACCUSED ARE SENTENCED TO UNDERGO R.I FOR 2 YEARS AND PAY A FINE OF RS.50,000/- IN DEFAULT OF PAYMENT OF FINE THEY SHALL UNDERGO S.I FOR 6 MONTHS.
THIS CRIMINAL APPEAL COMING ON FOR FURTHER HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCE, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellants are accused Nos.5 and 6 in S.C.
No.15/2008 on the file of Additional District and Sessions Judge, Fast Track Court, Chitradurga.
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about 11.30p.m., holding choppers and wooden sticks and by threatening the first informant and other inmates of the house took away cash as well as gold and silver articles and thereby committed the offence punishable under Section 395 of IPC.
first informant and issued wound certificate as per Ex.P1.
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Ex.P5.
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appellants that the evidence and material on record are not sufficient to establish the guilt of the accused beyond all reasonable doubt. He contends that there is material discrepancies in the evidence of prosecution witnesses and the evidence of so called material witnesses are not sufficient to show that they were able to identify the culprits. He contends that it is admitted by PW.5 that the accused had covered their face with kerchief and therefore the case of the prosecution that accused/appellants committed dacoity cannot be accepted. He contends that the report of the so called test identification parade conducted by the Thasildar cannot be believed, since the offence has taken place in the dark and there was no occasion for the witnesses to identify the accused persons. He contends that identifying the accused during test identification parade is highly impossible and trial Court was not justified in placing reliance on the test identification parade report to convict the
accused/appellants. He contends that the judgment and
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order of conviction and sentence passed by the trial Court is not in accordance with law and accordingly, seeks to allow the appeal.
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and she was living along with her mother-in-law, husband (PW.6) and two children. On 24.04.2006 her husband had gone to Bengaluru for some work and in the night all of them were sleeping in the front yard of their house after having meal. At around 11.30 p.m. about 6 to 7 persons armed with weapons came and stood beside her and asked her to hand over the key of the shop. She then took them to the house of Chandranna – PW.13. The said accused threatened PW.13 and then caused injury to her shoulder with a long and thereafter forcibly took her mangalya chain, pair of ear studs, rings, gold necklace, bangles and also cash which was kept in the shop as well as in her house. She has stated that the said persons had tied muffler to their head and while going away they bust some crackers to scare them. Thereafter, she was taken to Parashurampura Government hospital for treatment.
stated that at around 3.00 a.m., PW.5 was examined by him and he noticed a bruise measuring 8 x 1 cm. He has issued wound certificate as per Ex.P1.
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Station has stated that while he was on patrolling duty on the night of 26.04.2006, he received information regarding the incident. Thereafter, he received a memo from Parashurampura hospital as per Ex.P2 and he recorded the statement of Subadramma (PW.5) as per Ex.P3 and prepared the FIR – Ex.P4 and sent it to the jurisdictional Court.
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around 10.30 p.m. she had slept in the varanda and hearing some noise she got up and saw 5 to 6 persons. She has stated that accused Nos.2, 5 and 6 were present and accused No.7 was not present. The said persons showed a chopper and asked her to give the shop key. She got scared and then she told that the key is kept in the nearby house. Thereafter, the said accused took her to the nearby house of Chandranna-PW.13. One of the accused caused injuries to her with a chopper. Then she handed over the key to them. They opened the shutter and by threatening her took away the cash, gold and silver articles. When the neighbours started gathering, they went away by throwing some explosives. She informed others about the incident and she was taken to the hospital and given treatment. She has also stated that she participated in the test identification parade and identified the accused persons namely accused Nos.2, 5 and 6. She has also identified MOs.1 to 5 which were seized in this case.
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identify MO’s.1 to 5, however, she has corroborated the evidence of PW.5 stating that the accused persons by threatening her mother and others took away the gold ornaments etc., and while going threw some bomb like explosive. She has also stated that after the incident she participated in the test identification parade and identified the accused persons.
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recovered articles belong to other cases. PW.10 is a panch witness with regard to seizure of MOs.2 and 5 under Ex.P.16 and PW.11 is a panch witness to Ex.P.18 seizure of MO.3 earrings as well as 2 rings and bangles. The said witnesses have supported the prosecution case. PW.10 has stated that he went along with the police and accused persons. The accused showed the gold ornaments which were sold in a shop and the said gold ornaments namely MOs.2 and 5 were seized under Ex.P17. Further, MO.4 a ring was seized under Ex.P16 and he signed the said two mahazars.
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accused persons in the Test Identification Parade
conducted in the jail.
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started searching for the valuables. They took away gold and silver articles as well as cash. They went away by threatening PW.5 with dire consequence. P.Ws.5 and 12 have not only identified the accused persons in the Test Identification Parade, they have also identified the accused before the Court. In the cross-examination of P.W.5, even though she has stated that accused had tied kerchief to their face, she has not stated that they had completely covered their face with the said kerchief. Therefore, identification of the accused by P.Ws.5 and 12 cannot be doubted.
ORDER
Criminal Appeal is dismissed.
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The appellants/accused Nos.5 and 6 shall surrender
before the trial Court to undergo the remaining part of the
sentence.
Sd/JUDGE
HB & Ksm*
2 issues framed by the court
Whether the evidence was sufficient to establish the guilt of the appellants beyond reasonable doubt.
Whether the Test Identification Parade reports can be relied upon given the alleged covering of faces.
SRI HANUMESH
SRI RAJESH
STATE OF KARNATAKA
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
