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2014 Supreme(Kar) 540

High Court of Karnataka
ANAND BYRAREDDY, J.

N. Lokesh & Others
Versus
State
Criminal Appeal No. 737 of 2013 connected with Criminal Appeal No.764 of 2013
Decided on: 23-09-2014

Advocates Appeared:
For the Appellants:P. Prasanna Kumar, B.C. Rajanna, S.S. Mahendra, Advocates.
For the Respondent: K.R. Keshava Murthy, State Public Prosecutor

Headnote:CODE OF CRIMINAL PROCEDURE, 1973 - Section 374(2): [Anand Byrareddy, J] Appeal against conviction under Section 395 r/w Section 397 IPC etc. - Allegation that on the instigation and prompting of A-14 (who is in Jail) A-1 to A-13 committed robbery - Relied on call details of cellular phones of accused persons - Snatching of a cash bag containing Rs.2,05,000/- and Rs.2,10,000/-, gold ring and cell phone of PW-1 and CW-5 - A1 to A8 were convicted - A-13 and A-14 were acquitted - A9 to A-12 were absconded - Appeal by A1 to A8 - Held, In the present case on hand, PW-24, the CPI having produced the properties and articles seized, before the Court on the same day, would not render the search and seizure suspicious or give the impression of the accused being sought to be falsely implicated. The police had performed a commendable task and the irregularity if any in the proceedings does not vitiate the same. The essential ingredients to bring home the charges against the accused therefore are certainly established by the overwhelming evidence on record. The inconsistencies or irregularities sought to be highlighted does not vitiate the same. The essential ingredients to bring home the charges against the accused therefore are certainly established by the overwhelming evidence on record. The inconsistencies or irregularities sought to be highlighted does not dent the case of the prosecution in so far as the trial Court or this Court arriving at a finding that the prosecution has proved its case beyond all reasonable doubt

       INDIAN EVIDENCE ACT, 1872 - Section 27: [Anand Byrareddy, J] Search and seizure - Infirmity - Non-examination of witness or witness not supporting prosecution - Held, Non-compliance to procedure would not render search illegal.

       INDIAN EVIDENCE ACT, 1872 - Section 87: [Anand Byrareddy, J] Identity of accused - The fact of the accused not having been clearly identified by the victims at the trial or the infirmities that are highlighted in so far as the test identification parade is concerned, the swift and furious attack on the victims would have left them paralyzed with fear and anxiety and their vague recollection of the accused, who were said to be twelve in number, is but natural, especially when the test identification parade is said to have been held two months after the incident. Even if it had been held soon after the incident it is doubtful whether all the accused could have been identified unerringly by all the victims. Therefore, not much significance can be placed on the identity of the accused being vague.

Judgment :

1. These appeals are heard and disposed of by this common judgment.

2. The facts of the case are as follows:

It was alleged that by virtue of a conspiracy entered into between Accused no. 14, who was serving time in Parapana Agrahara jail, and Accused nos.1 & 13 having agreed to commit dacoity on the instigation and prompting of Accused no. 14, as was sought 10 be established by reference to call details of their respective cellular phones of having contacted each other, and in furtherance thereof, as on 14.4.2010 at about 5.30 p.m., the accused nos. l to 12, had armed themselves with deadly weapons and occupying two vehicles, namely a Tata Sumo, bearing registration no. KA-53-3293 and a Honda City, bearing registration no. KA-02 Z 6667, had followed another vehicle, namely, a Tata Indigo car, bearing registration no. KA-05 MB 947, with the knowledge that the occupants were carrying large amounts of cash and with the intention to commit dacoity had intercepted the said vehicle, which was going from Tiptur to Turuvekere, behind the Albui tank on Tiptur -Yediyur road, within the jurisdiction of Nonavinakere Police Station, and had smashed the front and rear wind shields of the said vehicle and while threatening to cause grievous hurt to the occupants of the car, with the deadly weapons which they were all wielding, had snatched a cash bag containing Rs.2,05,200/-, a gold finger ring and a cell phone from Chandrakeerthi (PV/-1) one of the occupants; a cash bag containing Rs.2,10,000/ from K.N. Vinod (PW-2) and another cash bag containing Rs.2,10,000/- from one Arkakeerthi (CW -3) the other occupant. While departing, they had inflicted simple injuries to all the occupants of the car and had sped away in their vehicles.

One Vajregowda, PW-5 who was travelling to Bellur in his car is said to have noticed that the complainant and others had been waylaid and their car damaged and hence, had taken CWs-4 & 5 in his car to the Turuvekere hospital. While PW-1 and CW-5 had boarded a KSRTC bus to go to Turuvekere, on the way, CW-5 who was said to be acquainted with a police constable at Turuvekere Police Station is said to have contacted him on his cell phone and informed him of the incident. After having received first aid treatment at Turuvekere hospital, they had proceeded to Nonavinakere Police Staiion and PW-1 had lodged the complaint.

In the meanwhile, the PSI Nonavinakere Police Station is said to have received a message of the dacoity from Turuvekere Police Station at about 5.45 p.m. Thereby, he had rushed to the Turuvekere hospital, met the injured victims and visited the spot where the dacoity had taken place and came back to the Station to receive the complaint from PW-1, at about 7.30 p.m. The wireless control room, Tiptur is said to have received the message of the dacoity at 5.45 p.m., which was relayed to the concerned superior officers and on further instructions, the message was flashed to all the police stations of Tumkur District to put up check points and to look out for the accused.

The driver of a Highway patrolling & escort vehicle (PW-15) who had routinely intercepted the message, had noticed that the very vehicles of the accused were going towards Amruthur and had responded by informing the Amruthur Police Station of having spotted the vehicles and reported the direction in which they were proceeding. He did not follow the vehicles since he was assigned with other duties. On receipt of the information, PW-14 is said to have immediately informed PW-10 & PW-23. The latter is said to have directed PW-10 and his staff to immediately proceed to Kempegowda Circle at Amruthur to intercept the accused. They are said to have immediately reached the said place and put up barricades awaiting the arrival of the accused. As expected, the vehicles in which the accused were proceeding are said to have come to the Kempegowda circle and were immediately surrounded by PW-10 and his men. But four of the accused are said to




































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