IN THE HIGH COURT OF KARNATAKA. CIRCUIT BENCH AT GULBARGA DATED THIS THE 11th DAY OF JUNE 2010 PRESENT THE HON’BLE MR.JUSTICE K.SREEDHAR RAO AND THE HON’BLE MR. JUSTICE B V PINTO CRIMINAL APPEAL NO.2180 OF 200S BETWEEN: STATE OF KARNATAKA . . .APPELLANT (BY SRI.G.BHAVANI SINGH, SPP FOR SRI.R.S.LAGALI, ADV.) AND: 1. SRLHUSSAIN Sb SHARMUDDIN DRIVER, R/O DEODURGA 2. SRI.RASOOL @ MD. RASOOL S/O ABDUL RAHMAN AGE: 25 YEARS, DRIVER ABUMOHALLA, DEODURGA 3. SRLCHAMAN SHARIFF Sb ALLI HUSSAIN SAB KATAKATI. AGE: 25 YEARS DRIVER, ABUMOHALLA DEODURGA 4. SRLSHAMEED © SHAM 5/0 ABDUL SAB AGE: 24 YEARS, DRIVER R/O ANAND TALKIES DEODURGA 5. SRI.GAFFAR © KALEGAFFAR 5/0 ABDUL SAB AGE: 22 YEARS, AUTO DRIVER R/O ANAND TALKIES DEODURGA 6. SRI.HULAGAPPA Sb BHEEMAPPA IDARASAVAR NAYAK, AGE: 22 YEARS CLEANER, R/O JOLADADAGI DEODURGA TALUKA 7. SRLBHEMMAYYA @ BHEEMANNA Sb BALAYYA NAYAK AGE: 24 YEARS, JEEP DRIVER R/O ABUMOHALLA, DEODURGA .. .RESPONDENTS This Criminal Appeal is filed under Section 378(1) & (3) of Cr.P.C. praying to grant leave to file an appeal against the judgement and order of acquittal dated 9.8.05 passed by the P.O.. Fast Track Court-I, Raichur in S.C.No.88/03 acquitting the respondents - accused for the offences punishable under Sections 395 & 397 of ‘PC. This appeal coming for hearing this day the Court Mr.K.SREEDHAR RAO J., delivered the following: JUDGMENT The material facts of the prosecution case discloses that one Guruprasad PW- 1 is the complainant and he is a wholesale tea and coffee powder dealer, On 29.11.02 at around 9.30 a.m. PW-1 along with his shop assistants Balappa PW-2, Ranganna PW3 and Giriyappa PW-4 went to supply tea and coffee powder to the retailers. After the sale to some of the retailers PW 1 had collected Rs.48,500/— and there was still a bulk of coffee and tea power in the Commander 407 tempo for supply to the retailers. When the tempo was at Googal Village near Deodurga, the incident takes place. 2. Respondent No.1/accused No.1 (for short ‘Al’) is the driver of tempo 407. He conspired with respondent Nos.2 to 7 who are accused Nos.2 to 7 (for short ‘A2 to A7’) before the Trial Court who came in the jeep, stopped the tempo and assaulted PWs- 1 to 4 and Al 4 and robbed cash of Rs.48,500/- from PW- 1 and later on ran away from the scene. 3. PW-l gave complaint to the police on the ensuing night at 3.30 a.m. The Incident of assault and robbery takes place at 8.30 p.m. The wound certificate discloses that PWs-l to 4 and Al have suffered only simple Injuries. The accused are arrested on their voluntary statement. The accused are charged for committing offence punishable under Section 395 and 397 of IPC. Cash of Rs.39,200/- Is recovered from the accused. The Trial Court acquitted the accused. The State Is In appeal. 4. The evidence of PWs- 1 to 4 discloses that accused are all strangers and they had covered their faces. The question of Identification of accused does not arise. The recovery of cash cannot be of any help to prove the guilt of the accused because the currency 5 notes seized does not have distinctive marks of evidence to prove that they are the one robbed from PW- 1. In so far as Al is concerned, it is only on the voluntary statement of A2 he is implicated. Al is also injured in the assault. Except the voluntary statement of the accused and the incredible evidence of recovery of cash, there is no other convincing material to prove the complicity of the accused with the offence. Hence, the order of the Trial Court is sound and proper. Appeal is dismissed. Sal JUDGE JUDGE RV