TAN VEER AHMED @ TANVEER & OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) The facts leading up to these appeals are as follows:- It is stated that on 8.5.2004 at about 9-40 PM, seven persons had assembled at an Amusement park inside the Palace Grounds at Bangalore, known as Fun World. More particularly, they were said to have assembled near a go-carting pavilion and were grouped around a car bearing registration no.KA-05 MB 876 and were armed with deadly weapons and were alleged to have been preparing to commit dacoity. The police are said to have received information of their intention and presence there and are said to have arrived on the scene. When the police were about to arrest them, the accused no.1, Tanveer, who was said to have been at the wheel of the car being used by the group, having noticed the approaching police personnel, had spurted forward in his car and is said to have driven straight at the police officers, at very high speed particularly a police inspector, Revanna, who was leading the posse of policemen in seeking to arrest the accused, is said to have narrowly escaped being run over, as he had managed to leap out of the way of the speeding car. At that time the other accused namely, Atush, Sajjad and Shakeer were said to be occupying the car along with Tanveer. Revanna is said to have then fired at the car with his revolver and had managed to shoot at and hit the tyres of the car, throwing it out of control and it is said to have come to a halt after crashing into a mud heap. Immediately, Accused no.1 is said to have bounded out of the vehicle wielding a machete and rushed at the police men. Atush and Sajjad had also charged out of the car wielding clubs. A free for all scuffle is said to have ensued between the police men, on the one side, namely, Revanna, Umesh, Ratnakar Shetty, Nanjundegowda and others, and the accusedon the other. The police are said to have managed to overpower the accused, and had sustained injuries in the process. Shakeer is said to have sustained a bullet injury on his left arm. Dhobhi Ayub, one of the accused is said to have managed to escape. On a further search of their vehicle, the police are said to have recovered a long bladed machete (described as a long ), a revolver, six bullets, a 3.5MM country made pistol, 2 knives and 5 mobile phones. The accused having been arrested had been brought to the jurisdictional police station and a formal complaint was said to have been filed. And a case in Crime no.170/2004 is said to have been registered.

(3.) It is contended on behalf of Appellant no.1, that there was not a single independent witness, who has corroborated the evidence of the official witnesses, namely, PWs.5 to 10 and 12 to 16 and 33, twelve witnesses in all. The evidence tendered through the above witnesses was self serving and was only with an intention to frame the said accused on false and fabricated charges.