KUMAR PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order of sentence dtd. 13/7/2011 passed in S.C. No. 213/2009 by the II Additional Sessions Judge, Bangalore Rural District, Bangalore, convicting appellants - accused Nos. 2 to 4 for the offence punishable under Ss. 399 and 402 of IPC and accused No. 3 for the offence punishable under Sec. 25(1B)(a) of the Arms Act. Appellant Nos. 1 and 3/accused Nos. 2 to 4 were sentenced to undergo rigorous imprisonment for a period of 3 years and to pay fine of Rs.5,000.00 for the offence punishable under Sec. 399 of IPC; to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000.00 for the offence punishable under Sec. 402 of IPC and accused No. 3 to undergo rigorous imprisonment for a period of 3 years and to pay fine of Rs.5,000.00 for the offence punishable under Sec. 25(1B)(a) of the Arms Act.

(2.) The prosecution case is that P.W.1 - complainant who was working as Police Inspector CCB, Bengaluru, filed a complaint on 9/12/2008 stating that on 9/12/2008 in the evening at about 05.00 pm he received credible information stating that the accused armed with deadly weapons were waiting on Bommanahalli - Begur Road, Opposite Canara Bank Begur Branch, near BMTC bus stop, in four wheelers for P.W.3 - Puttaraju in pursuance of their conspiracy and plan to kill P.W.3 - Puttaraju. P.W.1 secured panchas, namely, C.W.2 - Prakash and P.W.2 - Abdul Samad to his office and informed them regarding the information and thereafter all of them including the panchas went to the above referred spot in departmental vehicles and parked them at a distance. Thereafter, they checked the said place and found two four wheelers - Tata Safari bearing registration No. KA-51-N-63 and KA-51-P-6255 and they all encircled the said vehicles. Two persons ran away from the said vehicles (who are absconding - accused Nos. 5 and 6). P.W.1 and his staff caught four persons who are accused Nos. 1 to 4 and enquired their names and they disclosed their names. Accused No.1 was known to the complainant as he was a rowdy sheeter having many criminal cases registered against him. Thereafter, P.W.1 and his staff and panchas searched the vehicles and accused persons. Accused No. 1 was possessing a pistol in his right pant pocket (M.O.1) and they found two mobiles of Nokia make and seized them. Accused No. 1 revealed that said pistol is loaded with cartridges and they were taken out and they were five in numbers (M.O.2). Accused No. 1 revealed that he does not possess any license for possessing the pistol. Accused No. 1 further revealed that P.W.3 - Puttaraju had engaged and hired him and his associates to kill one Rajesh for supari amount of Rs.30.00 lakhs. On account of said hiring, accused No.1 and his associates killed the said Rajesh, but subsequently P.W.3 - Puttaraju has not paid the said amount to accused No. 1 and his associates. Hence, accused No. 1 along with accused Nos. 2 to 6 conspired and planed to kill P.W.3. In pursuance of the said conspiracy and plan all the accused came in above referred two vehicles and on 2/12/2008, in the evening and were waiting for P.W.3 to kill him and rob his belongings. Accused No. 1 disclosed name and addresses of two persons who ran away from the said vehicles and they are accused Nos. 5 and 6. Accused No. 1 also disclosed that accused No. 3 is possessing one revolver. P.W.1 enquired the person who was sitting in the driver seat of the said vehicle who disclosed his name and he is accused No. 2 and nothing was found in his possession and he admitted that he along with the rest of the accused had conspired and planned to kill P.W.3 - Puttaraju for non-payment of supari amount. Thereafter, P.W.1 enquired the person sitting in the middle seat of the vehicle who disclosed his name and he is accused No. 3. On search, P.W.1 found one revolver (M.O.3) in his right pant pocket and he disclosed that it was loaded with cartridges. P.W.1 found totally seven cartridges (M.O.4). He also disclosed that they had come to the said place as per conspiracy and plan to kill P.W.3 - Puttaraju for the above said reason. Thereafter P.W.1 enquired another person who was sitting by the side of accused No. 3 and he disclosed his name and address and he is accused No. 4 and a Nokia company phone was found (M.O.7). He also disclosed that he and rest of the accused had conspired to kill P.W.3 - Puttaraju for the aforesaid reason. P.W.1 found said two Tata Safari vehicles and enquired with regard to their ownership and one was bearing registration No. KA-51-P-6255 and another, KA-51-N-63. P.W.1 seized the said vehicles and material objects under panchanama Ex.P.1 between 07.00 pm and 08.30 pm on 9/12/2008 and thereafter went to jurisdictional Police station and filed written complaint Ex.P.2 at about 09.30 pm and handed over accused Nos. 1 to 4 to the possession of the Station House Officer i.e., P.S.I. (P.W.5) along with Ex.P.1 - mahazar. P.W.5 received Ex.P.1, registered the case for the offence punishable under Ss. 399 and 402 of IPC and Sec. 25(1B)(a) of the Arms Act and issued FIR (Ex.P.8). Thereafter P.W.5 recorded voluntary statements of accused and statement of P.W.2 and Police Constables who had accompanied P.W.1. Thereafter P.W.5 after issue of sanction order by the Police Commissioner (Ex.P.9) in respect of offence under the Arms Act , sent M.Os. 1 to 4 to FSL for examination and received a report - Ex.P.4 along with Ex.P.5 - invoice of articles, Ex.P.6 - method of examination and reasons given by P.W.4 and Ex.P.7 - sample seal. Thereafter, P.W.5 filed a charge sheet.

(3.) The prosecution examined six witnesses i.e., P.W.1 to P.W.6 and got marked documents Ex.P.1 to Ex.P.13 and material objects M.O.1 to M.O.8. At the stage of recording the statement of the accused under Sec. 313 of Cr.P.C. - the accused No. 1 remained absent and absconded and case against him came to be split up and registered in S.C. No. 164/2011. Thereafter statements of the accused Nos. 2 to 4 came to be recorded under Sec. 313 of Cr.P.C.