IN THE COURT OF THE ASSISTANT SESSIONS JUDGE ::
PENUKONDA
Present:- Smt A.Purnima, Assistant Sessions Judge
Monday, the Sixth (6 th ) day of May, 2019
Sessions Case No.264/2018
(P.R.C.No.02/2018 on the file of the Judicial First Class
Magistrate, Puttaparthy connected with Cr.No.58/2015 of Puttaparthy
Rural P.S.)
Between:-
Name of the complaint:State represented by Inspector of Police, Puttaparthy Rural Circle
Description of the :1. Pala Venkateswara Rao @ Somu, accusedaged 45 years, S/o. Ramaswamy, Bandalawada Village of Narpala Mandal (A.1)
2. Pallakonda Tirupali, aged 50 years, S/o. Bikshanna, Pagadala Village, Nandikotkuru Taluk, Kurnool District (A.2)
3. Nallabothula Balaji, aged 30 years, S/o. Lingappa Bondalawada Village of Narpala Mandal (A.3)
4. Nallabothula Mohan, aged 24 years, S/o.Lingappa Bondalawada Village of Narpala Mandal (A.4)
5. Sake Sunkanna, aged 22 years, S/o. Pullanna, Narpala Village and Mandal (A.5)
6. Pothuraju Sunkanna, aged 46 years, S/o. Hussainaiah Tharipogula Village, Jupadu Bunglaw Mandal, Kurnool District (A.6)
7. Chakali Sekhar, aged 35 years, S/o. Narayana Late, Nehru Nagar, Pagadala Village, Nandikotkuru Taluk, Kurnool District (A.7)
8. Nelam Ganga Devi @ Gangavathi, aged 27 years, W/o. N. Vijaya Kumar @
S.C.No.264 of 2018 //2// ASJ, PNKD
Sreeram of Bondalawada Village, Narpala Mandal (A.8)
Offences:U/Sec. 395, 397 and 411 IPC
Plea of accused:Not guilty
Finding of the Judge :Not guilty
Sentence or Order In the result, The accused No.1 to 8 are found not guilty and they are acquitted as per the provisions of section 232 Cr.P.C for the offence punishable U/sec. 395, 397 and 411 IPC. Further, the bail bonds of the Accused No.5 and 8 shall be in force for a period of six months as per Amended Provision of Section 437-A of Cr.P.C.
Furthertherespective Superintendents of concerned Jails are hereby directed to release the A.1 to A.4, A.6 and A.7 if they are not required in any other cases. Property was not produced before committal Court and therefore no property order is passed.
This Sessions case came before me on 29.04.2019 for final hearing in the presence of Sri D.Nagaraju, Additional Public Prosecutor for the prosecution and of Sri V. Sreenivasulu, Advocate
for the Accused No.1 to 8, on perusal of available material on record,
and after hearing arguments on both sides and having stood over for consideration till this day, this Court delivered the following:
//J U D G M E N T//
1.The Inspector of Police, Puttaparthy Rural Circle laid charge sheet against the Accused in Cr.No.58/2015 for the offences punishable U/s 395, 397 and 411 IPC.
2. The matrix of the prosecution case is that:-
L.W.1/P.W.1 gave complaint before Puttapary Rural P.S. on 29.11.2015 stating that, L.Ws.1 and 2/P.Ws.1 and 2 were wife and
S.C.No.264 of 2018 //3// ASJ, PNKD husband and residents of Mamilakunta Cross of Puttaparthy
Mandal on the intervening night on 16.11.2015 and in the absence of inmates and committed theft of one gold black beads chain, one gold ring, three pairs of ear studs and one pair of maties weighing about two thulsas and total worth of Rs.32,000/- and went away along with booty. Then L.W.14/P.W.12 registered a case in Cr.nO.58/2013 and investigated into. During the course of investigation i.e., on 15.12.2015 L.W.12 K.V. Raghavendra,
Inspector of Police, Darsi Circle arrested the accused No.3 to 6 in
Cr.No.61/2015 of Darsi P.S. and interrogated in the presence of mediators i.e., L.Ws.4 and 5/P.Ws.4 and 5. During the course of interrogation accused No.3 to 6 confessed and admitted about the offence committed by them along with accused No.1 and 2, on 16.11.2015 in the house of L.W.1/P.W.1 and accused No.3 to 7 surrounded the house of L.W.1 and accused No.1 to 3 broke open the doors with a boulder and entered into the house of L.Ws.1 and 2 and threaten them by showing knife and stated that they were naxalites and they got information that guns are available in the house of L.W.1/P.W.1 and robbed one gold tali chain from the neck of L.W.2 and went away along with stolen property.
During the course of investigation on 11.01.2016 accused No.7 was arrested by L.W.13/P.W.13 and he was also confessed about the offence committed in this case as well as in other Cr.No.113/2012 of Ananthapuramu Rural P.S. Basing on the confession of accused No.7 the stolen property i.e., gold chain pertaining to this crime and other cases recovered from the
S.C.No.264 of 2018 //4// ASJ, PNKD possession of accused No.7 At Manappuram Gold Finance Office situated in Ananthapuramu Town in the presence of mediators i.e., L.Ws.6 and 7/P.W.6 and the L.W.s.1 and 2/P.Ws.1 and 2 identified the property.
On the requisition filed by the L.W.14/P.W.12 the Judicial
First Class Magistrate, Penukonda issued P.T. warrant against the
accused No.7 and accused No.7 produced before committal Court on P.T. warrant. During the course of interrogation accused No.7 was confessed about the robbery committed by them in the house of L.Ws.1 and 2/P.Ws.1 and 2 along with Accused No.1 to 6.
Based on the confessional statement of Accused No.1 to 7, L.W.14/P.W.10 examined the L.Ws.1 and 2/P.Ws.1 and 2 and then they revealed the facts and about the robbery committed by the accused No.1 to 7 in the house of L.Ws.1 and 2/P.Ws.1 and 2 in his presence. In view of marriage in their relatives P.Ws.1 and 2 did not reveal about the offence committed by the accused
No.1 to 7 in the house of L.Ws.1 and 2/P.Ws.1 and 2 in their presence. Based on the statements of L.Ws.1 and 2/P.Ws.1 and 2, Test Identification Parade of Accused No.2 and 3 was conducted by L.W.11/P.W.11 on the requisition filed by
L.W.15/P.W.13. Later on L.W.14/P.W.10 altered the section of law from Section 457-380 IPC to Section 397, 395 IPC and altered memo was also filed. The Accused No.8 pledged the stolen property which were handed by the Accused No.1 to 6 and she pledged the same in Manappuram Gold Finance Office,
Anantapuramu and basing on the confessional statement of
S.C.No.264 of 2018 //5// ASJ, PNKD
Accused No.7 the stolen property was seized by the L.W.13/P.W.13 and then Accused No.8 was also arrested and remanded to judicial custody. As such Accused No.1 to 7 committed the offences punishable u/s 395, 397 IPC and accused No.8 committed the offence punishable u/s 411 IPC. Hence the charge.
3.The learned Judicial First Class Magistrate, Penukonda, took cognizance of the case U/s 395, 397 and 411 IPC against the
Accused No.1 to 8 and numbered as PRC No.25/2017 and the same was transferred to Judicial First Class Magistrate,
Puttaparthy on the point of territorial jurisdiction and it numbered as PRC No.02/2018.
4.On appearance of the Accused No.1 to 8 before the
Judicial Magistrate of First Class, Puttaparthy, copies of the
documents furnished to them as contemplated u/sec.208 Cr.P.C and when questioned Accused No.1 to 8, they stated that they got sufficient means to engage Counsel. The learned Judicial
Magistrate of First Class, Puttaparthy having heard both sides and
committed the case to the Court of Sessions Division,
Anantapuramu District U/s 209 of IPC.
5. Then the Hon’ble Principal District and Sessions Judge,
Anantapuramu District, took the case on file and made over the same to this Court for disposal according to law. Then on receipt of case records from the Hon’ble Sessions Court, summons was issued to the Accused No.1 to 8 and on their appearance and heard on both sides about framing of charges.
S.C.No.264 of 2018 //6// ASJ, PNKD
6.The Accused No.1 to 8 were examined U/s 228 of Cr.P.C and charges framed U/s 395, 397 and 411 of IPC and charges were also read over and explained to the accused No.1 to 8 in
Telugu, and having understood charges then the Accused No.1 to 8 denied and pleaded not guilty and claimed to be tried.
7.During the course of trial on behalf of the prosecution, thirteen witnesses were examined as P.Ws.1 to 13 and thirty six documents were marked as Exs.P.1 to P.36. The evidence of
L.W.7-K. Venkata Prasad, S/o. Late K.L. Narayana Rao and L.W.12-
K.V. Raghavendra, Inspector of Police, Darsi was given up by the learned Additional Public Prosecutor.
8.After closure of prosecution side evidence, the accused
No.1 to 3 were examined U/s 313 Cr.P.C and the incriminating material evidence available on record posed to the Accused NO.1 to 8 for which the Accused No.1 to 8 stated that, the evidence of prosecution witnesses is false and they never committed any offence as deposed by the prosecution witnesses and stated that, there is no evidence on their behalf. Therefore, the defence evidence was closed.
9. Heard both sides.
10. Now t he point for determination is that:
Whether the prosecution has proved the charges leveled against the Accused No.1
to 8 punishable U/s 395, 397 and 411 IPC?
S.C.No.264 of 2018 //7// ASJ, PNKD
11. Point:-
To bring home the guilty of the Accused No.1 to 8 punishable U/s 395, 397 and 411 IPC, thirteen witnesses were examined as P.Ws.1 to 13 on behalf of prosecution and exhibited thirty six documents which were marked as Ex.P.1 to Ex.P.36 and no material objects marked on behalf of the prosecution.
12.P.W.1 is the complainant. P.W.2 is the wife of P.W.1 who are residents of Mamillakunta Cross of Puttaparthy Mandal.
P.W.3 is the circumstantial witness. P.Ws.4 and 5 are the mahazar witnesses. P.W.6 is the VRO who is working in Tahsildar Office,
Anantapuramu. P.Ws.7 to 8 are also mahazar witnesses. P.W.10, 12 and 13 are the investigating officers. P.W.11 is the Judicial
Magistrate of First Class who conducted Test Identification Parade
of accused No.1 to 3.
13.P.Ws.1 and 2 deposed in their chief examination that, on 16.11.2015 during night hours they were sleeping in their house.
At about 12.30 am i.e., midnight A.1, A.2 and another person were entered into their house by broke open the doors of the house with big stone (boulder). On hearing noise P.Ws.1 and 2 woke up and they raised cries, then A.1, A.2 and another one replied that, they are naxalites and they got information that guns are available in their house and threatened them to give gold to them by showing knife to them, then P.W.2 given gold tali chain to A.1, A.2 and another person and there were other four persons out side of the house. Three gold rings and gold matees were also taken by the A.1, A.2 and another. The A.1, A.2 and
S.C.No.264 of 2018 //8// ASJ, PNKD another person were threatened the P.Ws.1 and 2 if they informed to Police, they will attack P.Ws.1 and 2. On the next day, P.Ws.1 and 2 went to Dharmavaram to attend marriage and after that they went to Hydrabad. At the advise of their relatives
P.W.1 went to Puttaparthy Police Station and gave complainant on 29.11.2015 under Ex.P.1. After eight months of Ex.P.1, P.W.1 was informed by the Police that the Gold Chain was recovered, then
P.W.1 went to Police Station and the police returned gold chain to him. P.Ws.1 and 2 identified A.1, A.2 and A.7 at Sub Jail,
Ananthapuramu and Chickballapur, Karnatka State. P.W.2 also deposed that one person among four or five persons slapped on her cheek and then they went away with robbery.
14.P.W.3 who is also resident of Mamillakunta Cross deposed that on 16.11.2015 at about 4.30 am he woke up from sleep and observed that somebody gathered near the house of P.Ws.1 and 2 and discussing about the theft/robbery committed in the house of
P.Ws.1 and 2. He witnessed that the door of the house was damaged and lock was broken. P.Ws.1 and 2 informed to him that one gold chain committed robbery and nearly six or eight persons were entered into their house during that night.
15. P.W.4 who is the Village Revenue Officer, working in Darsi
Mandal of Prakasam District deposed that, himself and P.W.5 instructed by their Tahsildar on 15.12.2015 to go to Darsi Police
Station then they went to Darsi Police Station, as P.W.4 was called by Circle Inspector of Police of Darsi Police Station. One constable of Darsi Police Station informed to him that P.W.4 has to
S.C.No.264 of 2018 //9// ASJ, PNKD go to Office of Circle Inspector, Darsi. Then P.W.4 went to Office of Circle Inspector of Darsi and after that P.W.5 who is also Village
Revenue Officer of Daravaram Village of Darsi mandal came to the Circle Inspector’s Office, Darsi. The Sub Inspector of Police
Darsi and Circle Inspector of Polcie Darsi were instructed him to subscribe his signature on the written papers. Therefore P.W.4 subscribed his signature on the written papers without gone through the contents of such papers as the Sub Inspector of
Police said to him that they prepared report regarding to the theft case. The signature of P.W.4 was marked as Ex.P.2 on the mahazarnama dated 15.12.2015.
16. P.W.5 who is the Village Revenue Officer of Darsi was also deposed on the same lines of evidence of P.W.4 and his signature was marked as Ex.P.3 on the mahazarnama dated 15.12.2015.
17.P.W.6 is the another Village Revenue Officer working in
Tahsildar Office, Ananthapuramu. He deposed that on 11.01.2016 their Tahsildar telephoned to him and informed that Police called him then P.W.6 and L.W.7 namely K. Venkata Prasad went to III
Town Police Station, Ananthapuramu but they were informed by some police who were present in the Police Station that the Circle
Inspector and other Police officials went on case purpose.
Therefore P.W.6 and L.W.7 were returned to their office. Again on the same day at about 1.30 pm one constable came to their office and requested them to subscribe their signatures on the written typed papers. P.W.4 also admitted his signature on the
S.C.No.264 of 2018 //10// ASJ, PNKD confession and seizure mahazarnama dated 30.04.2016 and the signatures of P.W.6 were marked as Exs.P.4 to P.6.
18. P.W.7 deposed that he subscribed his signature on written papers at the request of Police. But he do not know the contents of the written papers. His signature was marked as Ex.P.7 on confession mahazarnama dated 17.02.2016.
19.P.W.8 deposed that, at the request of Inspector of Police,
Ananthapuramu he subscribed his signatures on some blank white papers and he identified his signatures which were marked as Exs.P.8 to P.12 on the confession, arrest-cum-seizure mahazarnama dated 15.03.2016.
20.P.W.9 was also deposed in the same lines of evidence of
P.Ws.6 to 8 and his signature marked as Ex.P.15 on the confession mahazarnama dated 17.02.2016 regarding to Accused No.7.
21.P.W.10 who is the Sub Inspector of Police, Rural Police
Station, Puttaparthi deposed that on 29.11.2015 while he was in the Police Station P.W.1 went to Police station and presented a written complaint. Based on complaint he registered case in
Cr.No.58/2015 u/s 457 and 380 IPC. Ex.P.16 is the FIR. Then he left the Police Station and reached the scene of offence situated at Mamillakunta Cross and secured the presence of P.Ws.1 to 3 and recorded their detailed statements. P.W.10 examined the scene of offence and prepared the rough sketch. Ex.P.17 is the rough sketch. During the course of investigation i.e., on 15.12.2015 he received information from Darsi Police Station
S.C.No.264 of 2018 //11// ASJ, PNKD about the arrest of Accused No.3 to 6 who were also involved in some crimes registered in Tadipatri Rural Police Station and detained in Sub Jail, Tadipatri. After that he filed P.T. warrant
before Judicial Magistrate of First Class, Penukonda and obtained
P.T. Warrants and then he arrested the A.3 to A.6 and produced
before Judicial Magistrate of First Class, Penukonda and
remanded. P.W.10 arrested A.7 and produced him before Judicial
Magistrate of First Class, Pendukonda for judicial custody. The
confessional statement of A.7 was marked as Ex.P.18 and the alteration memo filed by P.W.10 was marked as Ex.P.19 by altering section of law from Section 457 and 458 IPC to Section 397 and 395 IPC.
22.P.W.11 who is the Judicial First Class Magistrate, Hindupur who conducted Test Identification Parade of A.1 to A.3 deposed that P.Ws.1 and 2 identified A.1 to A.3 during the course of Test
Identification Parade on the requisition filed by P.W.10 and the requisition filed by P.W.10 marked as Ex.P.20. The witness summons, Test Identification Procedings of A.2 statement of witness and statement of suspect i.e., A.3 marked as Exs.P.21 to
P.24. The requisition filed by the P.W.10 in respect of Test
Identificatuion Parade of A.3, the witness summons, Test
Identification Proceedings of A.2 conducted on 18.06.2016 statements of witnesses and statement of suspect i.e., A.2 were marked as Exs.P.15 to P.29. The requisition filed by P.W.10 so as to conduct Test Identification Parade of A.1, witness summons, test identification proceedings of A.1 conducted by P.W.10 on
S.C.No.264 of 2018 //12// ASJ, PNKD 24.07.2016, statements of witnesses and statement of suspect i.e., A.1 marked as Exs.P.30 to P.34.
23.P.W.12 who is the Inspector of Police, Puttaparthy Rural
Circle deposed about the P.T. warrants obtained by him against
A.2 and A.8 and he secured the presence of A.2 and A.8 on 11.05.2016 and then produced before Judicial First Class
Magistrate, Penukonda and he was also filed requisition before
the Judicial First Class Magistrate, Hindupur and on 23.05.2016
P.W.11 conducted test identification parade of A.2. On 18.06.2016 P.W.11 conducted test identification parade of A.2 under Ex.P.27 and after completion of investigation he filed charge sheet against A.2 and A.8.
24.P.W.13 who is also Inspector of Police, Ananthapuramu
Rural Circle deposed about confessional statement of A.7 and seizure of some stolen property from the possession of A.7 relating to the Cr.No.113/2015 and Cr.No.185/2015 of
Ananthapuramu Rural Police Station and in the said confession
A.7 confessed about his involvement along with other accused in
Cr.No.58/2015 of Puttaparthy Rural Police Station. A.7 confessed
before him that he handed over the stolen property of this case
to A.8 and she pledged the gold chain in Manupparam Gold
Finance Office Situated at Gooty Road, Ananthapuramu. Then
P.W.13, his staff members, A.7 and mediators went to the said
Manupparam Gold Finance Office and enquired the manager of
Manupparam Gold Finance Office and then he produced some plastic covers and he observed the plastic covers and then
S.C.No.264 of 2018 //13// ASJ, PNKD identified one gold chain weighing about 27.80 gms. Then he seized the said gold chain under the cover of panchanama in the presence of P.W.6 and L.W.7 namely K. Venkata Prasad and the accused remanded to Judicial custody. He was also arrested A.2 and A.8 and remanded them to judicial custody. The attested copy of seizure mahazarnama dated 15.06.2016 was marked as
Ex.P.35 and confession cum arrest of A.2 and seizure mahazarnama dated 30.04.2016 was marked as Ex.P.36.
25.At the first instance P.W.1 lodged complaint before
Puttaparthy Rural P.S. under Ex.P.1 and P.W.1 stated in Ex.P.1 that himself and his wife are residing at Mamillakunta Cross and P.W.1 is working as Teacher in M.P.P. School, P. Kammavaripalli Village of
Puttaparthy Mandal. On 16.11.2015 P.W.1 and his family members went to the house of his brother situated in
Kothacheruvu. During morning hours he came to his house and found that the lock of door was damaged and he went inside of the house and found that gold articles were mis placed in his house and description of the gold was also mentioned in Ex.P.1 like “black seeds chain weighing about 3 ½ thulas, one finger ring weighing one thula, three pairs of ear studs, one pair of mattie weighing of two thulas total value of Rs.32,000/- committed theft”. Whereas during the course of investigation P.W.10 received information from Darsi Police Station on 15.12.2015 as the A.3 to A.6 confessed before Darsi Police Station about the offence committed by them in this crime also. Therefore P.W.10 again examined the P.Ws.1 and 2 and recorded their detailed
S.C.No.264 of 2018 //14// ASJ, PNKD statemnts and then he filed alteration memo before Judicial First
Class Magistrate, Penukonda to alter section of law from Section 457 and 458 to 395 and 397 IPC. The alteration memo was also marked as Ex.P.19. P.W.13 deposed that during the course of investigation A.7 confessed before him under Ex.P.35 and he deposed about handing over the stolen property to A.8 and during the course of interrogation A.7 confessed about A.8 before
P.W.13 then PW..13, A.7, other staff members of P.W.13, mediators went to Manupparam Gold Finance Office and then seized one “gold tali chain” which was also identified by P.W.1 who was also present at Manupparam Gold Finance Office situated in Gooty
Road, Anantapuramu.
26.Whereas the descriptive particualrs of the gold ornaments was given by the P.W.1 in the Ex.P.1 is not tallied with the property which was identified by PW..1 before PW..13. The evidence of P.W.1 as well as Ex.P.1 are totally contra to that effect.
27.P.W.10 deposed that due to fear of accused or by feel of ashame by P.Ws.1 and 2, they did not reveal true facts before the
Police at the time of giving complaint by P.W.1 under Ex.P.1.
Whereas P.Ws.1 and 2 deposed that on the next day of the incident i.e., on 17.11.2015 himself and PW..2 went to
Dharmavaram to attend marriage and after that they went to
Hyderabad. Later on at the advice of the relatives and well wishers, P.W.1 went to Puttaparthy Rural Police Station and gave complaint. Ex.P.1 was also drafted by P.W.1 and date was also
S.C.No.264 of 2018 //15// ASJ, PNKD specifically mentioned like 29.11.2015 in Ex.P.1 and the date of incident was also mentioned is Ex.P.1 like 15.11.2015.
29.The evidence of P.Ws.1 and 2 not corroborating with the
Ex.P.1 and the explanation given by P.W.1 about the contents of
Ex.P.1 was also not corroborating with the evidence of other witnesses. P.W.3 deposed that, he woke up at about 4.30 am as heard some noise then he came to the house of P.Ws.1 and 2 and somebody gathered near the house of P.Ws.1 and 2 and discussing about the theft and informed him that one gold chain committed robbery and nearly six or eight persons were entered into the house of P.W.1 and P.W.2. So the evidence of P.W.3 clearly reveals that robbery committed by some persons in the presence of P.Ws.1 and 2 and they were also present in the house on the date of incident. But P.W.1 stated in Ex.P.1 which is crucial document to take criminal law into motion which is primary document for the incident whatever happened that the theft committed in their house that too in their absence. Basing on the complaint lodged by the victim/complainant only, the Police registered the case and then investigated into. At the first instance the crime was registered u/s 457 and 458 and 380 IPC later the section of law was altered. The evidence of P.Ws.1 and 2 is not corroborating with the contents of Ex.P.1 as well as descriptive particulars of gold items mentioned in Ex.P.1.
30.Further though the P.W.13 seized gold tali bottu chain from Manuppuram Gold Finance Office basing on the confessional statement of A.7 and the same was also identified by P.W.1 before
S.C.No.264 of 2018 //16// ASJ, PNKD the police at Manuppuram Gold Finance Office, Ananthapuramu.
But that property was not produced before the Court and the same was also not handed over to P.W.1 by following due procedure by the P.W.13.
31.Therefore the seizure of stolen property from
Manuppuram Gold Finance is also not properly established by the prosecution. The mediators who are official witnesses i.e., Village
Revenue Officer who are examined as P.Ws.4 to 6 and 8 were also not supported the version of prosecution though P.Ws.4 to 6 and 8 identified their signatures on the confessional statement cum arrest of A.1 to A.7 and seizure mahazarnama, but they categorically deposed that, they subscribed their signatures at the request of Police on the written papers. So the confession and seizure of the stolen property in this crime was not established properly by the prosecution.
32.The evidence of P.Ws.1 and 2 is also not corroborating with the evidence of P.W.3. P.W.1 being an educated person who is working as Teacher was not gave complaint properly before the
Police and he stated on one occasion that at the advise of the
Police he prepared the compliant as mentioned in Ex.P.1. But actually at the time of incident which was occurred on 16.11.2015
P.Ws.1 and 2 were in their house and the A.1 and A.2 and another person entered into their house and threaten them by showing knife.
S.C.No.264 of 2018 //17// ASJ, PNKD
33.To attract the ingredients laid down in Section 395 and 397 IPC some grievous hurt or the offenders threaten the complainant by showing deadly weapon then only the ingredients laid down under Section 395 and 397 IPC will be attract. Herein the Investigating Officers i.e., P.Ws.10, 12 and 13 never seized any weapon from the possession of the accused or there is no any grievous hurt caused to P.W.1 or P.W.2 and there is no property produced before the Court.
34.Now it would be refer Section 395 IPC like follows:
“Whoever commits dacoity shall be punished
with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten
years, and shall also be liable to fine”.
Section 397 IPC speaks like follows:
“If, at the time of committing robbery or dacoity,
the offender uses any deadly weapon, or causes
grievous hurt to any person, or attempts to cause
death or grievous hurt to any person, the
imprisonment with which such offender shall be
punished shall not be less than seven years”.
35.So the section itself is very clearly speaks that, who ever commits dacoity or robbery and the offenders uses any deadly weapons and cause any hurt and caused grievous hurt to the victim then only the offenders are liable to punish as prescribed under 395 and 397 IPC. But in this case there is no such weapons seized by the Investigating Officers and there is no hurt to the
S.C.No.264 of 2018 //18// ASJ, PNKD
P.Ws.1 and 2. Therefore the story created by the Investigating
Officer is not believable one.
35.Suppose if the evidence of P.Ws.1 and 2 is taken into consideration to say that on the intervening night of 16.11.2015
A.1, A.2 and some other five or six persons whoever i.e., entered into the house of P.Ws.1 and 2 and then threatened them and taken away the gold chain from the neck of P.W.2, then nothing prevented them to gave complaint after the incident and nothing prevented them to state about the offence committed in their presence by the accused on 16.11.2015 as it is in Ex.P.1.
36.There is delay of thirteen days in lodging the complaint by P.W.1 before the Police. The date of incident stated by P.W.1 like 16.11.2015 and the date of complaint is 29.11.2015 and the delay was also not properly explained by the P.W.1. But the evidence of P.W.3 is some extent helpful to the prosecution case to prove that the incident was happened on 16.11.2015 and by the time P.Ws.1 and 2 were present in their house.
37.Further the Investigating Officers i.e., P.W.10 and 13 took steps to conduct Test Identification Parade of A.1 to A.3 and
P.Ws.1 and 2 were also identified the A.1 to A.3 in the Test
Identification Parade by P.W.10 and the statements of P.Ws.1 and 2 which was marked as Ex.P.13, P.Ws.1 and 2 stated before P.W.10 that P.Ws.1 and 2 identified the accused if they see and also stated one gold chain robbed by the offenders i.e., suspects and
P.Ws.1 and 2 clearly stated that, the offenders threatened them,
S.C.No.264 of 2018 //19// ASJ, PNKD except that they did not state that the offenders attacked them with deadly weapons and caused grievous hurt.
38.But A.1 to A.3 stated before P.W.10 that, their photos shown to the P.Ws.1 and 2 when A.1 to A.3 are in Darsi Police station the witnesses i.e., P.Ws.1 and 2 other persons went to
Police Station and saw the A.1 to A.3. So such is the contention of the offenders i.e., A.1 to A.3 the prosecution has to establish how the witnesses i.e., P.W.1 will identify the A.1 to A.3 because the incident was happened during night hours and there is no possibility to see the faces of A.1 to A.3 during that night. So there is no clarification from the evidence of prosecution witnesses how they will identify the A.1 to A.3. So basing on the sole evidence of P.Ws.1 and 2 without corroborating evidence of mahazar witnesses, circumstantial witnesses and Ex.P.1, it cannot be safe to convict the A.1 to A.8 punishable u/s 375, 379 and 411
IPC.
39.Further the investigation officers were also not placed substantiative material to prove that the accused are involved in so many cases and they are habitual offenders. Moreover the descriptive particulars of gold ornaments mentioned by the P.W.1 in Ex.P.1 and whatever recovered form the Manupparam Gold
Finance Office is also not tallied and moreover the property was not returned to P.W.1 by following due procedure by P.W.13 and the same also not marked as material object. Therefore by seeing from any corner and the evidence placed by the prosecution there is no incriminating material evidence against
S.C.No.264 of 2018 //20// ASJ, PNKD the A.1 to A.8 punishable u/s 395 or 397 or 411 IPC. Therefore
Accused No.1 to 8 are entitled for acquittal.
40.In the result, The accused No.1 to 8 are found not guilty and they are acquitted as per the provisions of section 232 Cr.P.C for the offence punishable U/sec. 395, 397 and 411 IPC. Further, the bail bonds of the Accused No.5 and 8 shall be in force for a period of six months as per Amended Provision of Section 437-A of Cr.P.C.
Further the respective Superintendents of concerned Jails are hereby directed to release the A.1 to A.4, A.6 and A.7 if they are not required in any other cases.
Property was not produced before committal Court and therefore no property order is passed.
Dictated to the Stenographer Grade III, after his transcription,
corrected and pronounced by me in open Court, on this the 6th day of May, 2019.
Sd/- Smt. A. Purnima,
Assistant Sessions Judge,
Penukonda.
Appendix of Evidence
Witnesses examined:
For prosecution: For defence
PW.1:- P. Yerri Swamy -Nil-
PW.2:- P. Haritha --
PW.3:- M. Chandra Sekhar --
PW.4:- Shake Babji, Village Revenue -- Officer
PW.5:- Madasu Murali, Village -- Revenue Officer
PW.6:- Karanam Anila Kumari, Village --
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Revenue Officer
PW.7:- Lingala Narasimha Reddy --
PW.8:- Mangala Ramu --
PW.9:- Prasanna Babaiahgari -- Venkatesulu
PW.10:- B. Raghava Reddy, -- Investigating Officer
P.W.11:- Shaik Jani Basha, Judicial First-- Class Magistrate
P.W.12:- V. Sreedhar, Investigating -- Officer
P.W.13:- M.R. Krishna Mohan, -- Investigating Officer
Exhibits marked
For prosecution: For defence
Ex.P1 is the complaint dated-NIL- 29.11.2015
Ex.P2 is the signature of P.W.4 on the-- mahazarnama dated 15.12.2015
Ex.P3 is the signature of P.W.5 on the-- mahazarnama dated 15.12.2015
Ex.P4 is the signature of P.W.6 on confession,arrest-cum-seizure mahazarnama, dated 30.04.2016
Ex.P5 is the signature of P.W.6 on-- confession,arrest-cum-seizure mahazarnama, dated 30.04.2016
Ex.P6 is the signature of P.W.6 on confession,arrest-cum-seizure mahazarnama, dated 30.04.2016
Ex.P7 is the signature of P.W.7 on confession mahazarnama, dated 17.02.2016
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Ex.P8 is the signature of P.W.8 on confession,arrest-cum-seizure mahazarnama, dated 15.03.2016
Ex.P9 is the signature of P.W.8 on confession,arrest-cum-seizure mahazarnama, dated 15.03.2016
Ex.P10 is the signature of P.W.8 on confession,arrest-cum-seizure mahazarnama, dated 15.03.2016
Ex.P11 is the signature of P.W.8 on confession,arrest-cum-seizure mahazarnama, dated 15.03.2016
Ex.P12 is the signature of P.W.8 on confession,arrest-cum-seizure mahazarnama, dated 15.03.2016
Ex.P13 is the signature of P.W.8 on seizuremahazarnamadated 15.03.2016
Ex.P14 is the signature of P.W.8 on seizuremahazarnamadated 15.03.2016
Ex.P15 is the signature of P.W.9 on sizuremahazarnamadated 17.02.2016
Ex.P16 is the F.I.R.
Ex.P17 is the Rough sketch prepared by P.W.10 on 30.11.2015
Ex.P18 is the confessional statement of A.7
Ex.P19 is the attested copy of alteration memo filed before JFCM, Penukonda on 18.02.2016
Ex.P20 is the requisition of the Police,
dated 23.05.2016
Ex.P21 is the witness summons (two in number)
Ex.P22 is the test identification proceedings of A.3 conducted by
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P.W.1 on 18.06.2016
Ex.P23 is the statement of witness (two in number)
Ex.P24 is the statement of suspect
Ex.P25 is requisition of Police, dated 23.05.2016
Ex.P26 is the witness summons
Ex.P27 is the test identification proceedings of A.2 conducted by P.W.11 on 18.06.2016
Ex.P28 is the statement of witness (two in number)
Ex.P29 is the statement of suspect
Ex.P30 is the requisition of the Police,
dated 26.07.2016
Ex.P31 is the witness summon
Ex.P32 is the test identification proceedings of A.1 conducted by P.W.11 on 24.09.2016
Ex.P33 is the statement of witness (two in number)
Ex.P34 is the statement of suspect
Ex.P35 is the attested copy of seizure mahazarnama dated 15.06.2016
Ex.P36 is the confession cum arrest of A.2 and sizure mahazarnama dated 30.04.2016
Material Objects marked on either side :
-Nil-
Id/-. A.P.
A.S.J., PNKD
S.C.No.264 of 2018 //24// ASJ, PNKD
Fair Judgment in
Sessions Case No.264/2018