Karnataka High Court
Sri Vikas vs State Of Karnataka on 9 March, 2023
Bench: Mohammad Nawaz
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CRL.A No. 280 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 280 OF 2013
BETWEEN:
1. SRI VIKAS
S/O GODAHAJI GOPINATH CHOWHAN
AGED ABOUT 22 YEARS
R/A MUMBAI GODAHAJI CHOWAN
GATE NO.47, NIPPANI
ODAGAV TALUK
Digitally signed SRI RAMPURA, ASHOKNAGARA
by LAKSHMI T AHAMMEDNAGAR, MUMBAI
Location: High MAHARASHTRA STATE-414 001.
Court of ...APPELLANT
Karnataka
(BY SMT. SHRIDEVI BHOSALE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SURATHKAL POLICE STATION
MANGALORE
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560 001.
...RESPONDENT
(BY SRI. K.NAGESHWARAPPA, HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER DATED 13.08.2012
PASSED BY THE III ADDL. DIST. & S.J., D.K., MANGALORE IN
S.C.NO.49/2010 AND 111/2011 - CONVICTING THE
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CRL.A No. 280 of 2013
APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 395 AND 457
OF IPC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by accused No.1 against his
conviction and sentence passed by the trial Court for
offence punishable under Sections 395 and 457 of IPC.
2. The trial Court has passed a common judgment
dated 13.08.2012 in S.C.Nos.49/2010 and 111/2011, in
respect of accused Nos.1 and 2. This appeal arises out of
S.C.No.49/2010, wherein, accused No.1 has been
sentenced to undergo R.I. for 7 years with fine of
Rs.5,000/- and in default of payment of fine, to undergo
S.I. for a period of six months for the offence punishable
under Section 395 of IPC. Further, to undergo S.I. for a
three years with fine of Rs.1,000/-, in default of payment
of fine, to undergo S.I. for a further period of two months
for the offence punishable under Section 457 of IPC.
3. I have heard Smt. Sridevi Bhosale appearing for
appellant and learned High Court Government Pleader for
CRL.A No. 280 of 2013
respondent/State and perused the impugned judgment
and the evidence and material on record.
4. Brief facts of the case are that, PW.1-first
informant is an Engineer and Contractor by profession. He
was residing in house bearing Door No.2-49/2(3) named
as 'Akash' situated in Navagiri Nagar of Hosabettu Village
of Mangaluru Taluk, along with his wife - PW.2, son
Akash-PW.6 and daughter Anusha. On 27.10.2009, his
cousin Nithyananda Shetty-PW.3 had visited the family.
After having dinner all of them were sleeping in the rooms
situated in the first floor of the house. At about 2.30 a.m.,
on 28.10.2009, seven accused persons gained entry into
the house by removing the latch put on the back door of
the house using an iron rod. They told PW.1 to open the
door of the room where he was sleeping, threatening,
otherwise they will kill his son-PW.6. At knife point, they
took away a cash of Rs.4,00,000/-, diamond pendent,
bracelet, bangles, small chain, diamond earrings, ring, a
big chain, one Rado watch and about 40 sovereigns of
CRL.A No. 280 of 2013
gold. They also took away the car of PW.1 bearing
Registration No.KA-19-MA-3660 which was parked in front
of their house and fled away in the said car along with the
robbed articles worth Rs.20,00,000/-.
5. On a complaint lodged by PW.1 marked as
Ex.P1, the PSI - PW.12 of Suratkal Police Station
registered a case and issued FIR-Ex.P14 to the
jurisdictional Court and took over the investigation of the
case. He received a credible information that the car is
found abandoned near the side of the road at Mastikatte of
Honnavar in Uttar Kannada, in front of the shop of
J.P.Shet. He proceeded to the spot and seized the said car
under a Mahazar-Ex.P12 in the presence of panch
witnesses. On 30.10.2009, he handed over the
investigation to PW.13-P.I. He received an information
from Petta Police Station of Thiruvanantapura, Kerala that
accused No.1 namely Vikas i.e., appellant herein has been
taken into police custody. P.W.13 took the custody of
accused No.1 under body warrant and recorded his
CRL.A No. 280 of 2013
voluntary statement as per Ex.P25 on 04.01.2010. The
appellant led the police to a house situated at Nippani
Wadgaon, Ashoknagar of Ahmed Nagar District in
Maharashtra State and produced the gold ornaments i.e.;
two bangles and one gold chain marked as MOs.11 and
12. The same were seized under a mahazar-Ex.P13 in the
presence of panch witnesses. Subsequently, accused No.2
was also arrested. The Test identification parade was
conducted and on completion of investigation, charge-
sheet was filed.
6. The charges were framed against the appellant
in S.C.No.49/2010, for offences punishable under Sections
457 and 395 of IPC. S.C.No.111/2011 in respect of
accused No.2, which was committed to the Sessions Court
also came to be tried along with S.C.N.49/2010.
7. Before the trial court, the prosecution got
examined PWs.1 to 14 and got marked Ex.P1 to P29 and
MOs.1 to 16.
CRL.A No. 280 of 2013
8. The learned Sessions Judge on appreciating the
oral and documentary evidence on record convicted both
the accused for the charged offence, as noted supra, by a
common judgment dated 13.08.2012.
9. PW1 is the first informant, who set the law into
motion. He is a victim of the crime. PW2 is the wife of
PW1 and PW6 is the son of PW1. PW3 is a relative of PW1
who was also present in the house at the time of incident.
The said witnessess have supported the case of the
prosecution. They have categorically deposed about the
dacoity committed in the house wherein about seven
accused persons entered the house of PW1 and after tying
the hands of PWs.1 to 3 and 6 at knife point, robbed the
valuables from their house such as gold ornaments, cash
of Rs.4 lakhs etc.
10. PW4 is a neighbour of PW1. He has deposed
that at around 3.30 a.m., he heard the screaming sound
from the house of PW1 and therefore, he along with his
wife went to his house and noticed the damaged back door
CRL.A No. 280 of 2013
of the house. PW1 informed him about the dacoity and
told him that the accused have taken away his car etc.
11. The car belonging to PW1 bearing registration
No.KA 19 MA 3660, which was abandoned was later seized
under a mahazar Ex.P12, on 29.10.2009. PW7 is one of
the panch witness, who was present at the time of seizure
of the car. In the said car, MOs.14 and 16 were found
and they were also seized. Subsequently, the said car was
released in favour of PW1.
12. The appellant namely accused No.1 was
secured under a body warrant and he was arrested in this
case. His voluntary statement was recorded as per Ex.P25
on 04.01.2010. The Investigation Officer i.e., PW13 has
recovered MOs.11 and 12 i.e., 2 gold bangles and a gold
chain at his instance from the house situated at Nippani
Wadagaon, Ashoknagar of Ahmednagar District in
Maharashtra State, drawing a seizure mahazar as per
Ex.P13. Thereafter, the Investigation Officer has requested
CRL.A No. 280 of 2013
the Taluka Executive Magistrate for conducting the Test
Identification Parade.
13. PW7 is the panch witness to the seizure
mahazar-Ex.P13. In his evidence, he has clearly stated
that the accused has led the police to a house in
Maharashtra and from the said house, a gold chain and
two gold bangles were produced by him and the same
were seized under Ex.P13. He has identified the said
articles as Mos.11 and 12.
14. PWs.9 and 10 are the Police Constables, who
have accompanied the Investigation Officer and
participated in the investigation. They were present at the
time of seizure of MOs.11 and 12.
15. Test Identification Parade was conducted by
PW11 on 22.01.2010 wherein PWs.1, 2 and 6 have
identified the appellant/accused No.1 as one of the
accused, who committed dacoity in the house. The said
witnesses have identified the appellant in the Court.
Further, PWs.1, 2 and 3 have identified MOs.11 and 12-
CRL.A No. 280 of 2013
gold ornaments, which were robbed from the house. In
spite of lengthy cross-examination of these witnesses,
nothing is elicited from them so as to discredit their
testimony.
16. PW11 namely Taluka Executive Magistrate has
deposed about the test identification parade conducted by
him on 22.01.2010. The report is marked as Ex.P21. He
has stated that the witnesses namely PWs.1, 2 and 6 have
identified accused No.1 in the said test identification
parade. There is no reason to disbelieve the evidence of
PW11. No worthwhile answers are elicited in his
cross-examination to discredit his testimony.
17. The trial Court having appreciated the oral and
documentary evidence on record has come to the
conclusion that the prosecution has proved the guilt of the
accused for the charged offences. To come to the said
conclusion, the trial Court has appreciated the entire
evidence and materials on record. The findings recorded
does not suffer from any illegality.
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CRL.A No. 280 of 2013
18. It is submitted by the learned counsel for the
appellant that the appeal filed by accused No.2 in
Crl.A.No.281/2013 was withdrawn by the said accused on
13.07.2017. She further submits that the appellant i.e.
accused No.1 has already undergone the sentence and has
been released from the prison.
19. Having reappreciated the evidence and on
materials on record, this Court finds that the prosecution
has been able to establish the guilt of the
appellant/accused No.1 for the charged offence punishable
under Sections 457 and 395 IPC beyond reasonable doubt.
No interference is called for. Accordingly, the appeal is
dismissed.
SD/-
JUDGE
HB/TL
