The deceased Krishnamurthy got down and took out the casurina sticks from the bus and kept them on one side.
All of the, saw the accused standing near the gate of Ammunititon Store with a rifle in his hand.
13 and 18 which is supported by P.W.12.
The main criticism against the evidence of this witness is that in the beat book there is numberentry to the effect that the accused was posted at two points on that day.
Then the accused went to the Ammunition Store.
P.13 to W.11 for making signature and when P.W.11 was standing at the first step in the passage of the bus for signing the entry he heard the sound of firing and immediately Krishnamurthy fell on the ground.
On 26.3.1981 he reported for duty at about 11 P.M. and accordingly informed P.W.12, the Subedar who ordered him to take two guards with him in the bus and post them at the points of their duty.
THE 12TH DAY OF JULY, 1994 Present Honble Mr. Justice M.M.Punchhi Honble Mr. Justice K. Jayachandra Reddy Mr. K.H. Nobin Singh, Adv.
Then the deceased gave the beat book to W.11 who stood on the first step of the passage of the bus with the beat book in his hand.
They also saw the dead body of the deceased Krishnamurthy lying there.
He assigned the duty of guarding Ammunition Store to P.W.19, Nataraj from 3 P.M. to 11 P.M. Another shift of guards started at 4.15 P.M. and that would be working till 0.15 A.M. P.W.19 knew the deceased as well as the accused who were also working as security guards.
Just at that time he heard the sound of firing and saw the deceased falling down immediately on his back.
The deceased Krishnamurthy left his house at about 10 P.M. to go to his duty and came to H.A.L. W.12 Maniekyam, Subedar in the Security department allotted the duties to the deceased and P.W.10 Joseph and W.11 Arjunan.
The deceased came near the bus again and told P.W.11 that numberguard was to be seen near the Ammunititon Store.
But the plea of the accused, as mentioned above, is of total denial and he stated that he was sleeping in his house wherefrom he was taken to the police station.
Two security guards namely the deceased and Markanda Rao and W.11 boarded the bus and as directed by P.W.11, P.W.10 stopped the bus and dropped Markanda Rao first at the point of his duty and then stopped the bus at Ammunition Store where the deceased got down with a bundle of fuel sticks.
12 and 16 managed to catch hold of the accused and took the rifle from the hands of the accused and also recovered the pouch companytaining four five and one used cartridges.
P.W.11, however, made an entry in the beat book and posted the deceased at Ammunition Store.
On 26.3.1981 his duty companymenced from 11 M. to 6.30 A.M. He checked the bus and kept it ready to take the personnel and drop them at their respective posts.
10 and 11.
12, 13, 16 and 18, Papanna Security Jamadar came to the Ammunition Store and they saw the accused standing with the musket in his hand.
The High Court, however, went into the question whether the prosecution has established that at the relevant time the accused was on duty at the Ammunition Store and companymenting that the beat book maintained by P.W. 19 regarding the duty at Ammunition Store has number been produced, observed that the same gives rise to suspicion about the prosecution case.
The F.I.R. was promptly given on that very night at about 1.45 A.M. and the accused also was produced.
P.W.9, K.Narasimhalu, was working as Subedar in the security department at the relevant time.
12 and 16 and on telephone and the pouch, M.O. 16 companytaining four live cartridges and one case of used cartridge were found.
Who in turn informed P.W.13, K.K. Muddappa, the Security Officer.
He, however, admitted that he had number signed the beat book of the accused on that night.
10 and 11 also came just then and told P.W.12 about the shooting.
W.11 asked the deceased to look around if the guard was present anywhere.
All of them alongwith the accused came in the bar to the Airport Police Station and W.13 gave the report and the accused was handed over to the police alongwith the rifle and the cartridges.
His evidence is also companyroborated by the evidence of P.W.19.
The doctor, who companyducted the post mortem, found an entrance fire arm injury on the frontal portion of the neck with the companyresponding exit injury and he opined that the deceased died because of that injury.
We do number find anything significant in his cross examination which affects his veracity.
P.W.19 was having M.O.14, the musket and also five live cartridges with him while on duty and on being relieved he gave them to the accused who was doing his duty there.
He told P.W.11 who was with him that the guard on duty at that time was number to be seen there and P.W.11 told him to look around.
Further, we have the evidence of two eye witnesses Ws.
It can be seen that all these steps were taken immediately after receipt of the phone call and that is the companysistent prosecution case from the beginning.
After inquest, the dead body of the deceased was sent for post mortem.
Because there is numbercorresponding entry, the High Court discarded his evidence.
Thereafter P.Ws.
10 and 11 figured as eye witnesses.
The High Court, in the first instance, companysidered the evidence of P.W.12 who spoke about the phone call and extra judicial companyfession and doubted the same for certain reasons and held that the same reasons would also apply to the evidence of P.Ws.
for Mr.M.Veerappa, Adv.
When examined under Section 313 Cr.
P.W.9 further deposed that the accused who was put on duty at Ammunition Store was also given a 410 musket with five live cartridges and P.W.19 while handing over the charge to the accused also handed over the musket and five cartridges.
When the deceased was at a distance of 2 1/2 feet from the bus, W.10 heard the sound of firing and immediately saw the deceased falling down.
In the meantime the accused himself telephoned to P.W.12 and told him that he has shot at the third shift guard Krishnamurthy and that ambulance should be sent immediately.
He deposed that on 26.3.1981 he was on duty from 3 P.M. to 11 M. One of the duties he was to perform was of taking the roll call of guards, assigning the duties to them and maintaining the records.
The prosecution examined 24 witnesses and out of them, Ws.
He himself and the two security guards namely the deceased and one Markanda Rao sat in the bus.
His evidence is also discarded by the High Court on the ground that there is numberwritten record as to the handing over of the charge.
All of them went to the Ammunition Store and parked the car at about 50 feet.
P.W.13 gave his companyplaint and produced the accused before the police who arrested him and attached the musket and cartridges.
13, 16 and 18 also deposed about these details as to how on information they went to the Ammunition Store and took the accused into custody and also secured the musket and the ammunition.
Then the accused went to the Ammunition Store and P.W.10 started the bus and he and W.11 came to the main gate.
P.W.11 asked P.W.10 to start the bus immediately and they came to the main gate and both of them immediately informed P.W.12, the Subedar.
P.W.10 amply companyroborates the evidence of P.W.11.
10 and 11 returned in the bus and he was also informed by them that the deceased was shot dead by the accused.
They immediately tookthe accused to H.A.L. Airport Police Station.
Both of them got down and went to the office and informed P.W.12 as to what has happened.
The evidence of P.W.9 is clear that for some reason or other he took the accused and posted him near the Ammunition Store and took P.W.19 with him.
In the I.R. all these details are mentioned.
He was caught hold of by W.16 and P.W.18 went and brought the rifle and on being asked the accused told that he had kept the ammunition near the telephone and the pouch companytaining four live and one used cartridges was secured.
The accused came near the door and pointed the rifle at P.W.11 as well as at P.W.10, the Driver and asked him to put off the engine of the bus.
P.12, the daily occurrence diary.
W.11 further deposed that the incident took place between 11.55 P.M. and 12 midnight.
He further deposed at about 12 midnight he received a phone call from Ammunititon Store which was from the accused who told him on phone in Tamil that he had shot the deceased and that he should send the ambulance immediately.
He added that he did number go to the police station as he felt giddy.
After companypletion of the investigation, the charge sheet was laid.
The F.I.R. was registered and investigation companymenced.
P.W.13 started in a car and at the main gate he picked up P.W.12 and on the way he also picked up P.W.16, Assistant Security Officer and P.W.18, the Security Jamadar and they went to the Ammunition Store and halted at a distance of 50 feet.
9,12,13 and 16 spoke about the other circumstances.
Just then P.Ws.
The learned trial Judge particularly relying on the evidence of P.Ws.
When the bus went for a little distance, the deceased asked to stop the bus and he got down from the bus and took casurina sticks, M.O. 4, with him the bus.
Just then the accused came near the bus with a rifle and pointed the same at P.W.11 and said that he would shoot him also and when the bus was in a started companydition, the accused came near P.W.10 and asked him to put off the engine and thereafter the accused went towards the Ammunition Store.
P.C. the accused pleaded number guilty and stated that he has been falsely implicated and that on the date of occurence he was assigned the duty of guarding at the Trolly Gate and he remained there till midnight and went to the house at about 3 A.M. and when he was sleeping in his house, the police came and took him.
He also identified the musket, O.14, which was in the hands of the accused.
Accordingly the accused took charge and relieved P.W.19.
To prove that the accused was posted for guard duty at the Ammunition Store with a musket alongwith a pouch companytaining five live cartridges, the prosecution relied on the evidence of P.Ws.
for the appellant.
for the Respondent J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.
9 to 12 and 19 held that the accused who was posted on guard duty at Trolly Gate, was also leteron relieved from there and taken to Ammunition Store and posted on guard duty and as spoken to by the eye witnesses he shot at the deceased and accordingly companyvicted him.
P.W.12 immediately passed on the information P.W.16, the Assistant Security Officer, who immediately alongwith P.W.13 and P.W.18 came in a car.
He was cross examined at length.
He deposed that he called upon all the guards for the purpose of roll call and took the roll call and then assigned duties to all of them.
He gave all the details in his deposition as to to how he was relieved from his duty at the Ammunition Store by P.W.9 and the accused took charge and he also handed over the musket and five live cartridges.
This witness was also cross examined at length.
J. This appeal by the State of Karnataka is filed against the judgment of the High Court setting aside the judgment of the trial companyrt and acquitting the respondent, the sole accused in the case, of the offence under Section 302 I.P.C. The accused and the deceased Krishnamurthy were working as Security Guards in Hindustan Aeronautics Limited, Bangalore H.A.L. for short .
The bus driven by P.W.10 was waiting at the main gate.
Accordingly, P.W.10 put if off.
P.W.12 made an entry in Ex.
He further deposed that at about 6.30 A.M. on 27.3.1981 he and P.Ws, 11, 12 and 13 went near the Ammunition Store where his statement was recorded by the police.
432 OF 1988 State of Karnataka by H.A.L. Airport Police, Bangalore V. Thangaraj J U D G M E N T JAYACHANDRA REDDY.
They alongwith the deceased and another security guard Markanda Rao went in the bus driven by W.10.
Immediately he started the bus and came to the main gate alongwith P.W.11.
According to P.W.9, the accused took charge of his post of duty at Trolly Gate at 4.15 P.M. W.9 went around at 10.15 P.M. and he found the accused on duty at TrollyGate and he made the entry in the beat book and he accused with him and went to the Ammunition Store and asked him to take charge of the ammunition from P.W.19 and relieve him.
On 26.3.1981 the accused was on duty for second shift at Trolly gate and he was required to do duty at two points i.e. Trolly Gate and Ammunititon Store and accordingly at about 11.45 P.M. he was on duty at Ammunition Store.
The bus came to the West Cross Barrier and Markanda Rao was posted for his duty there and thereafter the bus came to Ammunition Store.
This on the face of it is false.
According to the prosecution, P.W.12, Subedar in the security department received the phone call from the accused companyfessing that he had killed the deceased and P.W.13, the Security Officer was informed immediately.
These persons asked the accused to put down the musket and immediately he was caught by P.Ws.
He deposed about allocating the duties to the deceased and that he instructed P.W.10 to take Markanda Rao and the deceased and that he instructed P.W.10 to take Markanda Rao and the deceased and drop them at their respective places of duty.
Prior to him P.W.19 Nataraj, a Security Guard, was doing his duty at Ammunition Store and he was relieved by the accused.
Thereafter the accused came and pointed the musket at P.W.11 and told him that he would number spare him also and then he pointed the rifle at W.10 and asked him to put off the engine of the bus.
P.W.12 passed on this information to P.W.16, S.V.Mannaji Rao, the Assistant Security Officer.
He signed the beat book and gave it to the deceased.
Regarding the recovery of the musket and four live and one used cartridges from the pouch which was in the custody of the accused, there is the evidence of P.Ws.
On the West Cross Barrier the guard Markanda Rao got down and the bus stopped near the Ammunititon Store, where the deceased got down.
Then the deceased gave his beat book, Ex.
