RAMESH @ GANESH @ SANTHOSH Vs. STATE BY CHANNAGIRI POLICE

JUDGEMENT

(1.) The appellant in Criminal Appeal No.107/2014 was arrayed as accused No.1, appellants in Criminal Appeal No.141/2014 were arrayed as accused 2 & 3 in S.C.No.123/2010. The final report was filed against accused 1 to 3 and also against accused 4 & 5. Accused 4 & 5 were absconding and they were shown as absconders in final report. Therefore, case against accused 4 & 5 was separated. Accused 1 to 3 were tried for an offence punishable under section 397 IPC on the allegations that on intervening night of 21.06.2010 at abut 1.30 a.m., (midnight) accused 1 to 3 along with absconding accused 4 & 5 committed dacoity of gold ornaments, silver articles, a mobile handset and a motorcycle from the house of PW6-Siddaramappa, situate in the outskirts of Akalakatte Village, within the jurisdiction of Channagiri Police Station. It is alleged that accused 1 to 3 had caused grievous injuries to PW6-Siddaramappa and PW7-Sulochanamma. The first information of incident was lodged by PW2-Chidananda, on the following day. The first information was lodged against unknown persons and crime was registered for an offence punishable under section 397 IPC. The injured person namely PW6-Siddaramappa was treated by PW11-Dr.G.M.Ashok in Government Hospital at Channagiri. In the first information, there is description of gold ornaments, silver articles, a mobile handset and a motorcycle which were stolen by the accused from the house of PW6.

(2.) During investigation, accused No.1 was arrested on 19.07.2010. PW18-Manjunatha K.Gangal (Investigating Officer) recorded voluntary statement of accused No.1 as per Ex.P.20. Pursuant to voluntary statement given by accused No.1 and at the instance of accused No.1, stolen articles viz four gold bangles (M.O.7), four pairs of fancy gold ear rings (M.O.8), a gold chain (M.O.9), four gold rings (M.O.10), two silver lamps (M.O.11) and a silver cup/bowl (M.O.12) were recovered from the house of accused No.1. Accused No.2 was arrested on 19.07.2010. PW18 (Investigating Officer) recorded voluntary statement of accused No.2 as per Ex.P.23. Pursuant to voluntary statement given by accused No.2 and at the instance of accused No.2, a gold bracelet (M.O.13) was recovered from the house of accused.

(3.) On consideration of evidence adduced by prosecution, I find that inmates of house including PW1- M.N.Basavarajappa, PW2-Chidananda, PW6-Siddaramappa, PW7-Sulochanamma and PW9-Girish were not able to identify culprits as culprits had covered their faces by wearing masks. The aforestated witnesses have not identified accused 1 to 3 before court. Therefore, proof of charge against accused entirely rests upon recovery of aforestated gold ornaments and silver articles on the information volunteered by accused 1 to 3 and at the instance of accused 1 to 3.