text stringlengths 5 5.67k |
|---|
She returned to Tharamani 4 5 days later feeling better when the police examined her. Ratio |
We have no doubt in our mind that PW 18 Smt.Kanaka is a natural witness and there is a ring of truth in her version. Ratio |
Though she was subjected to a searching and incisive cross examination by learned counsel for the appellants, nothing was brought out to impeach her credibility as a truthful witness. Ratio |
There was no reason for her to falsely implicate the accused Laxmi Raj Shetty particularly when the vital clue furnished by her led to the unravelling of the crime and recovery of the huge amount of money. Ratio |
We are not impressed with the submission that merely because PW 18 was given a cash award of Rs.5,000 by the Chief Minister she was a got up witness and must be regarded as 'a witness who springs from a tainted source '. Ratio |
It is not a phenomenon unknown in the world today for the Government to offer cash rewards to citizens for their act of courage and bravery by coming forward with vital information which results in the ultimate detection of the offender. Ratio |
In such cases there is no question of impairing the testimonial fidelity of such person as a competent witness. Ratio |
Learned counsel however drew our attention to the observations of this Court in Lingala Vijay Kumar & Ors vs Public Prosecutor, Andhra Pradesh; , where this Court viewed with concern the practice of offering cash rewards to prosecution witnesses when the case was sub judice. Ratio |
We may say at once that the Court in that case did not discard the testimony of the prosecution witnesses on that account. Ratio |
All it did in that case was to endorse the expression of opinion of the learned Sessions Judge that such rewards for bravery may be euphemistic officialese but are apt to be construed by the accused as purchase price for testimonial fidelity and the Government ought not to prejudge the case and award any cash reward to... |
We need not say anything more. Ratio |
The learned Additional Sessions Judge and the High Court were fully aware of this aspect and have scrutinised the testimony of PW 18 with meticulous care and we agree with them 730 that merely because PW 18 was rewarded for her courage in coming forward to help the police her testimony should not be viewed with suspici... |
She withstood a close and searching cross examination but her veracity as a truthful witness remains unshaken. Ratio |
(3) Purchase of a suitcase and a skybag from Burma Bazar: The testimony of PW 18 Smt.Kanaka finds support from PW 19 Ramaswami, a dealer in suitcases in Burma Bazar. Ratio |
This witness states that at about 9 or 9.15 p.m. on 20th May a fair complexioned, tall and lean person aged about 24 25 years, meaning the accused, came to his shop and purchased a light blue colour suitcase for a sum of Rs.200 which amount be paid in currency notes of the denomination of Rs.20 and also wanted one skyb... |
Since he had no stock he fetched a coffee colour skybag from his brother in law 's shop and showed it to the accused who purchased the same, also for Rs.200 and paid the price again in currency notes of the denomination of Rs.20. Ratio |
According to him, half an hour later the same person came back and got into an auto rickshaw driven by PW 31 Venkatesan whom he knew. Ratio |
The testimony of PW 31 Venkatesan, auto rickshaw driver, also corroborates PW 18. Ratio |
According to him, on the night in question at about 10.15 p.m. a lean and tall person fair in complexion, meaning the accused, engaged his auto rickshaw to go to Hotel Chola Sheraton from Thambu Chetty Street. Ratio |
He further states that when he had driven that person to Thambu Chetty Street he was asked to stop the auto rickshaw outside the Bank. Ratio |
On the steps of the Bank there was a light blue colour suitcase together with a coffee colour skybag. Ratio |
As the suitcases were heavy, he together with that person lifted the same and placed them in the auto. Ratio |
Thereafter, he drove on straight to Hotel Chola Sheraton and reached there at about 11 p.m. Ratio |
At the hotel, PW 21 Derick, bell boy placed the luggage in the trolley and took them inside the hotel accompanied by the accused. Ratio |
PW 31 further states that the hire charges were fixed at Rs.15 and the accused gave him a 20 rupees currency note and he gave back Rs.5 and went away. Ratio |
His version is supported by the entry in the trip sheet Exh. Ratio |
It is contended that the evidence of PWs 19 and 31 with regard to the identification of the accused Laxmi Raj Shetty before the Court of Sessions for the first time without any prior test identification parade was not of any value but we are not impressed. Ratio |
Later both these witnesses saw the photograph of the accused carried by PW 50 Deviasigamani and identified him to be the person involved. Ratio |
In the world as a whole today, the identification by photographs is the only 731 method generally used by the interpol and other crime detecting agencies for identification of criminals engaged in drug trafficking, narcotics and other economic offences as also in other international crimes. Ratio |
Such identification must take the place of a test identification. Ratio |
Further, the evidence of PW 19 that the person concerned purchased a coffee colour skybag along with a light blue colour suitcase stands corroborated by the subsequent recovery of the coffee colour skybag from PW 33 Smt.Justin D 'Costa with whom the accused 's sister Km.Usha Rani used to stay, from a house at Hole Nars... |
Similarly, the testimony of PW 31 finds support not only from the evidence of PWs 18 and 19 but also from the entry in the trip sheet as well as the entries in the Arrival and Departure register of Hotel Chola Sheraton. Ratio |
(4) Stay at Hotel Chola Sheraton under the assumed name of Mohanraj: The fact that the accused checked into Hotel Chola Sheraton, a five star hotel, on the night of 20th, stayed the whole of the 21st and his departure therefrom on the 22nd morning at 9 a.m. is brought out from the testimony of PWs 20 25 as also from th... |
PW 21 Derick, bell boy at the hotel, states that a tall person about 6 feet in height with curly hair came to the hotel in an auto rickshaw that night carrying with him a light blue colour suitcase and a brown colour travellers bag. FAC |
He states that the luggage was heavy and therefore he brought a trolley and put the suitcase and the skybag in the trolley and took the same to the reception counter. FAC |
From there PW 22 Kalyanasundaram, another bell boy, took charge of the luggage. FAC |
PW 23 Elizabeth Mitra, receptionist, testifies that she gave him a registration card Exh. FAC |
P 24 and asked him to fill in the details. FAC |
When that person asked PW 23 to fill up the form she told him that as per the rules only the occupant concerned had to fill up the form. FAC |
So the accused filled it up and gave it to her. FAC |
He gave his name as 'Mohanraj '. FAC |
She allotted room No. 230 and when she wanted an advance of Rs.1,000 the accused told her that he would go up to the room and send the money. FAC |
According to her, PW 22 brought an amount of Rs.1,040 in currency notes of the denomination of Rs.20. FAC |
She credited Rs.1,000 towards advance and gave receipt for the same and returned the balance amount of Rs.40 to PW 22. FAC |
PW 22 went up to room No. 230 and found the accused standing outside. FAC |
He told him that the key to the door was inserted from inside and when he came out, the door got automatically locked. FAC |
PW 22 accordingly went to the receiptionist and brought the master key with which the room was opened. FAC |
He gave back Rs.40 out of which the accused gave him Rs.20 732 as tip. FAC |
This witness identified the accused in the Court as the occupant of the room. FAC |
When the accused checked out on the 22nd morning he made an entry in the hotel register to that effect. FAC |
The testimony of PW 23 is corroborated by the entry in the Arrival and Departure register Exh. FAC |
The relevant entry marked Exh.P 27 shows his arrival and Exh.P 28 shows his departure. FAC |
PW 24 Alexander Alwyn Fernandez, Cashier at the hotel approved the bill Exh.P 29 relating to Mohanraj who stayed in Hotel Chola Sheraton containing the details with regard to the room rent, advance payment, room service bills etc. FAC |
He states that he made the last two entries in Exh.P 29 at the time of departure of the said Mohanraj. FAC |
PW 25 Rocky Williams, Senior Lobby Attendant has produced the departure card prepared by him marked Exh. FAC |
It is true that they had identified the accused from the photograph shown to them by PW 50 and that was sufficient to lend support to their identification in Court. FAC |
Further, the fact remains that the person who came to Hotel Chola Sheraton on the night of the 20th at 11 p.m. and alighted with two heavy suitcases was the person brought by PW 31, auto rickshaw driver, from the Bank and he has been indentified and named by PW 18 as the accused. FAC |
P 24 the registration card of Hotel Chola Sheraton gives the address of the occupant of room No. 230 as Mohanraj, Hole Narsipur, Hassan. FAC |
The description given is of a 'tourist ' and the date of arrival as 20.5.83 at 23.05 on arrival from Bangalore. FAC |
The departure date is given as Bangalore on 22.5.83. FAC |
It is somewhat strange that the accused Laxmi Raj Shetty who was merely a Clerk in the Bank should have gone and stayed in Hotel Chola Sheraton, a five star hotel, on the night in question unless it was for purposes of safety as he was carrying the huge amount of about Rs.14 lakhs in the suitcase and the skybag. FAC |
There is evidence to show that the accused filled up the application form for reservation of a first class ticket Exh. FAC |
P 37 and signed the same as 'K.L.R. Shetty ' giving the name and address as Shivaram Shetty, Kodial Bail, Bangalore i.e. of his father. FAC |
The stay of the accused at Hotel Chola Sheraton at Madras on the night of the 20th, the whole of the 21st till his departure on the 22nd morning under the assumed name of Mohanraj, the act of leaving Madras on the 22nd morning by train in a first class compartment under the name of his father Shivaram Shetty, giving a ... |
(5) Stay at Hotel Moti Mahal at Mangalore: There is unimpeachable evidence to establish that the accused Laxmi Raj Shetty on his 733 arrival at Mangalore by train on the 23rd morning at about 6 a.m.instead of proceeding to his father 's house checked into Hotel Moti Mahal with his luggage. FAC |
The testimony of PW 32 William Anchan, Receptionist is that on the 23rd morning a tall, fair complexioned person meaning the accused, came to the hotel and gave his name as 'Kiran Kumar ' and address as Hole Narsipur, Hassan District, saying that he was proceeding to Bangalore. FAC |
This is borne out from the entry in the Arrival and Departure register Exh. FAC |
The accused was allotted room No. 204 and he made an entry to that effect. FAC |
According to him, the said Kiran Kumar left the hotel on the 25th along with two suitcases. FAC |
PW 35 Padmanabhan, room boy testifies about the occupation of room No. 204 by the accused from the 23rd to 25th. FAC |
He states that the suitcases were heavy and that he carried them from the room and brought them down and put them in an autorickshaw in which the occupant left the hotel and identified the accused Laxmi Raj Shetty as the person who occupied the room. FAC |
This witness identified the suitcases M. Os. FAC |
176 and 177 which were subsequently seized on the 30th from appellant No. 2 Shivaram Shetty containing currency notes worth Rs.12,27,500 as the suitcases carried by him. FAC |
Again, these witnesses on being shown the photograph carried by PW 50 identified him to be the person involved. FAC |
Further, the testimony of PW 34 Surendran, Reservation Clerk, Mangalore Railway Station shows that the accused filled in the reservation slip Exh. FAC |
P 47 giving his name as Shivaram Shetty with address as Hole Narsipur, Hassan. FAC |
On a comparison of the handwriting appearing from the registration card Exh. FAC |
P 24 filled up by the accused when he checked into Hotel Chola Sheraton with that appearing on the reservation form Exh. FAC |
P 47, with the handwriting of the accused particularly the similarity in describing Bangalore as 'B 'lore ' and Mangalore as 'M 'lore ', the learned Judges have come to the conclusion that both the documents were writting by the one and the same person i.e. the accused Laxmi Raj Shetty. FAC |
Justin D 'Costa, the colleague and roommate of the deceased Kumari Usha Rani, sister of the accused Laxmi Raj Shetty. FAC |
She states that both of them were working in the State Bank of Mysore and staying together in a room at Hassan. FAC |
According to her, on the 21st, she along with Usha Rani and others went to Mangalore after attending to their duties at the Bank. FAC |
She states on their return on the 26th Usha Rani brought along with her a coffee colour skybag saying that it had been presented to her by her brother who was working in the Karnataka Bank, Main Branch, Madras. FAC |
She further states that on 734 the 29th May the Indian Express, Mangalore edition carried a newsitem relating to the Karnataka Bank, Main Branch 's Manager 's murder at Madras implicating the accused Laxmi Raj Shetty. FAC |
Usha Rani tried to contact her parents over the telephone but she could not get the line and thereafter, she told her that she was leaving for Mangalore but never returned. FAC |
PW 33 also states that on the 31st she read in the local Kannada newspaper that both Usha Rani and her mother had committed suicide by drowning themselves in the ocean. FAC |
On the 6th June, PW 50 came to her house and recovered the coffee colour skybag marked M.O. 175 from her possession. FAC |
Recovery of the stolen money belonging to the Bank: The recovery of Rs.4,500 in currency notes of the denomination of Rs.5 bearing the seal of the Bank from the accused Laxmi Raj Shetty on May 29,1983 at 2 p.m. when he was arrested at My Lady 's Park, and the remaining amount of Rs.12,27,500 in bundles of currency note... |
These recoveries have been proved by the Investigating Officer PW 50 Deviasigamani as well as the seizure witnesses PW 37 Neelakandan, PW 41 J. Kumar and one Sekar. FAC |
There is no reason to disbelieve their testimony particularly when it is an undisputed fact that the amount of Rs.12,32,300 belongs to the Karnataka Bank. Ratio |
According to learned counsel for the parties, however, the truth of the prosecution case, particularly recoveries at Madras, are rendered improbable for two reasons: (i) The report in the Indian Express, Mangalore edition and the regional newspapers Malai Murasu and Makkal Kural on the 29th and Dina Thanthi on the 30th... |
(ii) The admission of the prosecution 's own witness PW 9 Govindaraj that the accused Laxmi Raj Shetty arrived at Madras by the West Coast Express on the 27th afternoon at 4 p.m. and was taken into custody by the police at the platform. Ratio |
Undoubtedly, each of these circumstances by itself was sufficient to falsify the entire prosecution case as regards the alleged recoveries at Madras and therefore we heard learned counsel for the parties at considerable length but nothing really turns on them. Ratio |
735 Learned counsel for the appellants with consummate skill tried to create, as he was entitled as counsel for the defence, to break the chain of circumstances and to show that there are various missing links in an effort that the Court may give the accused benefit of doubt. Ratio |
We are afraid, that is not a proper approach for the Court to adopt. Ratio |
In the present case, the circumstances were closely linked up with one another and the Court would be misdirecting itself and commit serious error of law if it were to separately deal with each circumstance, rejecting the circumstances one by one and then acquitting the accused on the ground that the incriminating circ... |
There can be no doubt whatever that the circumstances enumerated above has been cogently and firmly established by the prosecution which, taken cumulatively, form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused Laxmi Raj Shetty and... |
As to the first the accused Laxmi Raj Shetty was entitled to tender the newspaper report from the Indian Express of the 29th and the regional newspapers of the 30th along with his statement under section 313 of the Code of Criminal Procedure, 1973. Ratio |
Both the accused at the stage of their defence in denial of the charge had summoned the editors of Tamil dailies Malai Mursau and Makkal Kural and the news reporters of the Indian Express and Dina Thanthi to prove the contents of the facts stated in the news item but they dispensed with their examination on the date fi... |
We cannot take judicial notice of the facts stated in a news item being in the nature of hearsay secondary evidence, unless proved by evidence aliunde. Ratio |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.