APVZ000012582019
Presented on : 08-08-2019 Registered on : 04-09-2019 Decided on : 22-04-2026 Duration : 6 years, 8 months, 14 days
IN THE COURT OF
Spl. Judge -cum- IV Addl. District Judge
AT ,VIZIANAGARAM
(Presided Over by Sri B.Appalaswamy)
SC.SPL/25/2019
Exhibit No.
(PROSECUTION): State represented by Assistant superintendent of Police, Parvathipuram Through Police Station Officer China Merangi Police Station 43, State represented by Assistant superintendent of Police, Parvathipuram
VIZIANAGARAM
VERSUS
: Donkada Ramakrishna and 40 others Age: 45 Occupation : K.Velama by caste, Agriculture work, R/o Chinakudma village of Jiyyammavalasa mandal 2:Palla Neelima Age: 25 Occupation : cultivation R/o Chinakudama village
Jiyyammavalasa mandal 3:Palla BhaskaRao Age: 42 Occupation : K Velama Cultivation r/o Chinakudama Village Jiyyammavalsa Mandal. 9704374089 4:Lanka Gopalam Age: 62 Occupation : T Kapu by caste cultivation r/o Pedamerangi Village Jiyyammavalasa Mandal No. 944365164 5:Gorli Mangamma Age: 28 Occupation : K Velama by caste Coolie 28 years R/o Chinakudama village Jiyyammavalsa Mandal.
6:Reddy Satyannarayana Age: 46 Occupation : K Velama by caste cultivation r/o chinnakudama village Jiyyammavalasa mandal.
7:Mudili Laxmunaidu Age: 34 Occupation : T Kapu cultivation Chinakudma Village Jiyyammavalasa Mandal 8:Gorli Sreenu @ Chanti Age: 24 Occupation : K Velama cultivation Chinakudma Village
Jiyyammavalasa Mandal 9:Arinipalli Srihari Age: 30 Occupation : K.Velama by caste cultivation G.T.Vada village Jiyyammavalasa Mandal 10:Vangapandu Mohanarao
Age: 28 Occupation : K Velama cultivation R/o Chinakudma village. Jiyyammavalasa Mandal.
11:Golagana Ganagaraju Age: 38 Occupation : yadava by caste cultivation R/o Chinnakudma village. Jiyyammavalasa Mandal 12:Palla Annapuranamma Age: 45 Occupation : K Velama by caste Cultivation R/o Chinnakudma village. Jiyyammavalasa Mandal 13:Miriyala Thirupathinaidu Age: 49 Occupation : K Velama Cultivation R/o Chinnakudma village. Jiyyammavalasa Mandal.
14:Patharlapalli Shiva Age: 24 Occupation : Rajaka by Caste collie works Pedakudama village
Jiyyammavalasa Mandal 15:Maradana Ramunaidu Age: 49 Occupation : K Velama by caste Cultivation R/o Chinnakudma village Jiyyammavalsa Mandal 16:Gorli Atchyutharao Age: 27 Occupation : K Velama by caste Cultivation R/o chinnakudma village. Jiyyammavalsa Mandal 17:Chilakallapalli Adivanna dora Age: 23 Occupation : ST Konda Dora by caste Cultivation R/o Maripivalasa Village Seethanagaram mandal 18:Palla Dinesh Age: 19 Occupation : K Velama Cultivation (Student) China Kudama village. Jiyyammavalasa mandal.
19:Karri Gangamma Age: 38 Occupation : Yadava by caste Coolie R/o Chinnakudma village Jiyuyammavalasa mandal.
20:Palla Sreenu Age: 30 Occupation : K Velama Cultivation Chinakudama village
Jiyuyammavalasa mandal.
21:Golagana Pakeeru Age: 42 Occupation : Yadava by caste Cultivation Chimakudma village Jiyuyammavalasa mandal 22:Botsa Ramesh Age: 26 Occupation : K Velama Cultivation R/o Chinnakudma village Jiyyammavalasa mandal.
23:Botsa Thirupathi Age: 38 Occupation : K Velama R/o Chinnakudma village Cultivation Jiyuyammavalasa mandal.
24:Latchipathula SreenuVasarao Age: 34 Occupation : K Velama by caste Cultivation R/o chinnakudma village JM Valasa Mandal 25:Gorli Ramanamma Age: 39 Occupation : Cultivation K Velama R/o Chinna kudama village. JM Valasa Mandal.
26:Mudadla Polamma Age: 33 Occupation : Cultivation K Velama
Chinnakudama village. JM Valasa Mandal.
27:Palla Parvathi Age: 51 Occupation : Cultivation K Velama by caste Chinnakudma village JM Valasa Mandal 28:Allu Chinnam naidu. Age: 34 Occupation : 34 yrs Cultivation K Velama Chinnaudma Village. JM Valasa Mandal 29:Golagana Sreenu Age: 36 Occupation : Yadava by cate Cultivation r/o chinnakudma village. JM Valasa Mandal 30:Mandangi Gowramma Age: 55 Occupation : Cultivation SC Pydi by caste R/o Peda Kudama Village. JM Valasa Mandal 31:Vadisapu Venkataramana Age: 35 Occupation : ST Konda dora by caste Cultivation Pedakudama village Jiyyammvalasa Mandal cell no. 7995785830.
32:Podilapu Manga @ Mangamma Age: 28 Occupation : coolie ST Konda dora by caste
Peddakudama village JIyyammavalasa Mandal Cell No. 9603748405.
33:Gorle Bhaskara Rao Age: 24 Occupation : Student K Velama Chinakudama village. JIyyammavalasa Mandal. Cell No. 9573126645.
34:Vadisapu Chandramma Age: 47 Occupation : ST Konda Dora by caste Coolie works r/o Peddakudma village. JIyyammavalasa Mandal. Cell No. 9502687614.
35:Datti Laxmanarao Age: 57 Occupation : K Velama by caste cultivation Venkataraju puram village Jiyyammavalasa Mandal. 9490376615.
36:Gorle Ramesh Age: 33 Occupation : K Velama Cultivation
Chinakudama village Jiyyammavalasa Mandal. Cell No. 9515417293.
37:Donkada Sai Ram Age: 44 Occupation : K Velama Cultivation Chinakudama village Jiyyammavalasa Mandal. Cell No. 9502687614.
38:Palla Venkata Naidu Age: 43
Occupation : K Velama Electrical contract line man Chinakudama village Jiyyammavalasa Mandal. Cell No. 9912781488.
39:Nalla Venkata Naidu Age: 43 Occupation : K Velama Cultivation Chinakudama village Jiyyammavalasa Mandal. Cell No. 9502687614.
40:Bonu Gowru Naidu Age: 58 Occupation : K Velama Cultivation Chinakudama village Jiyyammavalasa Mandal. Cell No. 7036957079.
41:Yegireddi Appalanaidu @ Thammi Naidu Age: 65 Occupation : K. Velama Cultivation Pedakudama village jiyyammavalasa Mandal. Cell No. 949049660 ----------------------------------------------------------------------------- APP for State }: APP, Advocate for appearing for Donkada Ramakrishna and 40 others Advocate , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , appearing for , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 respectively. -----------------------------------------------------------------------------
Offence punishable under :
143,144,145,147,148,354,342,1 88,323,324,109r/w.149 of
INDIAN PENAL CODE,
1860, 3(1)(r)(s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, of ,
JUDGMENT
(Delivered on 22-04-2026)
1.The State represented by the Assistant Superintendent of police, Parvathipuram, filed charge sheet against accused Nos.1 to 41 in Cr.No.43/2019 of Chinamerangi P.S. for the offences under Sections 143, 144, 145, 147, 148, 354, 342, 188, 323, 324, 109 r/w.Sec.109 IPC and Section 3(1)(r) and (s) and Sec.3(2) V (a) of SC & ST (POA) Act, 2015 and Sections 131 and 132 of Representation of People Act, with the following allegations.
2.A-1 to A-41 are residents of Chinakudama, Pedakudama, G.T. Vada, Pedamerangi and Venkatarajupuram villages of Jiyyammavalasa Mandal and Marrivalasa village of Seethanagaram Mandal. The accused had committed the offence at Chinakudama village which is within the jurisdiction of Chinamerangi Police Station and within the jurisdiction of this Court.
(a)P.W.1, who belongs to S.T. Kondadora by caste, YSRCP contesting candidate for Kurupam Assembly Constituency, which was reserved for S.T. for general elections, 2019. P.W.2 is huabdn of P.W.1/eye witness and victim. On 11.04.2019 evening at about 4-00 p.m., when P.W.1 (contesting candidate of Kurupam Assembly Constituency on behalf of YSRCP) along with P.W.2 (General Agent of Kurupam Assembly Constituency of Y.S.R. C.P.) went to Chinakudama village having receipt of information that T.D.P. party activists were indulging unlawful activities at polling booth No.151 and 152 of Chinakudama village, found A-1 was present in the Polling Booth,
P.W.1 questioned the act of A-1 towards her husband for which A-1 uttered that as “VELLU VELLAVE” and subsequently A-1 to A-5 and other accused abused P.w.1 by touching her caste as “KONDADANA
KONDA LANJA KUTHURA, NEE RAJAKIYALU IKKADAKADU,
KONDALLONA GUMMALAXMIPURAMLO CHUSUKO”. Then P.W.1 went towards Polling Officer i.e., P.W.3 to give a complaint against A-1. In the meantime held altercation between P.W.2 and A-1, and A-1 ran away from there and jumped a wall, and brought all the accused along with him. L.W.10/Salimula Venkata Ramana, and P.W.13 and staff obstructed the riot mob at main gate of Polling Booth not to entering the accused into Polling Booth, but the accused pushed the gate, pulled star pads of R.I. and beat him with sticks. P.W.6 and L.W.8/Makkuva Balaram, Personal Security Officers to M.L.A., Kurupam guarded P.Ws.1 and 2 from the attacking of accused, placed them in a room. When the Deputy Superintendent of Police, Arjun came there and brought out P.Ws.1 and 2 out of room, the accused at a glance attacked against M.L.A, and her husband i.e., P.Ws.1 and 2, rounded them, the accused 2 and 5 caught hold hair of P.W.1, A-6 fisted P.W.1 with hand on her mouth and caused bleeding injury on her lip and some other accused beat her with hands. Then L.W.6/Kilari Hemachandri Naidu and P.W.6 took the M.L.A., and her husband i.e., P.Ws.1 and 2 placed them in Polling Booth No.152, closed the doors for safety. All the accused had tried to break open the doors and windows of the room by hitting with stones and sticks and created panic, off the power and as a result of which P.W.1 was wrongfully restrained in the room. The same was witnessed by the witnesses as they were present at the crime scene. According to the witnesses it is clear that the alleged accused M.L.C., Srikakulam Sri Satrucharla Vijayaramaraju and Janardhan Thatraj, Ex-Mla came to the Polling Booth on receipt of information, they tried to pacify the dispute at their level best, made discussions with the Police Officers and the Police Officers and staff dispersed the mob from the Polling Station and shifted P.Ws.1 and 2 from there in an Ambulance. On the consultation of her supporters P.W.1 went to Chinamerangi Police Station on 11.04.2019 night at about 8-30 p.m., and lodged a report against the accused.
(b)That on the complaint of P.W.1, P.W.14/S.I. of Police, Jiyyammavalasa P.S., registered F.I.R., and P.W.23/Deputy Superintendent of Police, SC St Cell-II, Vizianagara, took up investigation as per orders of the Superintendent of Police, Vizianagaram, vide C.No.1590/C2/2019, dt.11.04.2019 as required under Rule 7 of SC St (POA) rules, 1995. Accordingly P.W.23 visited the scene of offence, observed the same in the presence of L.W.21/Valimeraka Krishna, and L.W.22/Mandangi Thirupathi got drafted an observation report to that effect and examined P.Ws.1 and 2 and recorded their statements under Sec.161(3) Cr.P.C.
(c)That on 16.04.2019 Superintendent of Police, Vizianagaram appointed the Assistant Superintendent of Police, Parvathipuram as Investigating Officer vide C.No.1590/C2/2019, and accordingly P.W.24/Assistant Superintendent of Police, Parvadthipuram Sub-Division took up further investigation and examined as many as 20 witnesses and recorded their statements U/s.161(3) Cr.P.C.
d)That all the accused except accused No.17, 31, 32 and 34 (who belong to Scheduled Tribe) and A-30 (who belongs to SC Pydi) and the rest of accused belong to Backward Class i.e., K. Velama, T- Kapu, Yadava and Rajaka Communities respectively.
e)On 17.05.2019 notices U/s.41 (A)(1) Cr.P.C., were served by P.W.24 against A-3, A-5, A-15, A-16, A-24 and A-25. On 18.05.2019 notices U/s.41(A) Cr.P.C., were served against A-1, A-2, A-7, A-10, A- 11, A-12, A-13, A-17, A-20, A-21, A-22, A-23, A-26 to A-32 and A-34 by P.W.24. On 20.05.2019 P.W.24 served notice on A-6 U/s.41(1)(a) Cr.P.C. On 29.05.2019 A-4, A-18 and A-19 were served notices U/Sec.41(1)(a) Cr.P.C., by P.W.24. On 30.05.2019 A-35 was served notice U/s.41-A (1) Cr.P.C., by P.W.24. On 16.06.2019 A-8, A-9 and A- 14 were served notices U/s.41(A)(1) Cr.P.C., by P.W.24. On 17.06.2019 A-33 was served notice U/s.41(A)(1) Cr.P.C., by P.W.24. On 14.07.2019 A-36 to A-41 were served notices U/s.41(A)(1) Cr.P.C, by P.W.24.
f)That as per the evidence of eye witnesses and available video footage, it is clear that A-1 to A-41 have participated in Crime by holding sticks and stones, attacked against the M.L.A., and her husband, unlawfully assembled with an intention to sustain injuries to P.Ws.1 and 2, outraged the modesty of a member of Legislative Assembly, beat and pounced against P.Ws.1 and 2 with hands and sticks, confined them in a room, thereby the above accused are responsible for the commission of offences under Sections 143, 145, 147, 354, 342, 188, 109 r/w.49 of IPC.
g)That as per the evidence of eye witnesses and video footages secured, it is clear that A-31, A-16, A-17, A-18 and A-20 have committed offence and are responsible for the offence U/s.148 of IPC, Sec.144 Cr.P.C., and violation of M.C.C. As per the evidence of eye witnesses accused 1 to 5 are responsible for the offence U/s.3(1)(r) and (s) of SC ST Prevention of Atrocities Amendment Act, 2015. A-1 to A-41 except A-17, A-30, A-31, A-32 and A-34 are liable for the punishment for the offence U/s.3 (2)(v)(a) of SC ST Prevention of Atrocities Amendment Act, 2015. As per the evidence of witnesses and video footages, A-2, A-5 and A-6 are responsible for the offence U/s.323 of IPC. As per the evidence of witnesses and video footages A-6 committed offence beat P.W.1 knowingly about that she belongs to Tribal Woman is responsible for the offence U/s.354 IPC.
h)There is insufficient evidence against A-42 and A-43 Shatrucharla Vijayaramaraju and V.T. Janardhan Thatraj respectively. Hence notice given to the complainant on 09.08.2019 regarding the same according to Judgment in “Kotla Hari Chakrapani Reddy Vs State of A.P.”, Magistrate is the only authority empowered to delete the names of accused, hence put proposal to delete the names of A-42 and A-43 due to insufficient evidence because of following reasons, i.e., (i) As per the evidence of eye witnesses they arrived to scene of offence at 17-30 hours and moreover scuffle was over when they reached; (ii) there are no outgoing calls from A-1 to alleged accused Satrucharla Vijaya Ramaraju and V.T. Janardhan Thatraj/Ex. M.L.a., from 13-00 hours to 17-00 hours. Hence criminal conspiracy was ruled out; (iii) As per Dani Singh Vs. State of Bihar (2004), the Law is well settled on the aspect that mere presence of an unlawful assembly cannot render a person liable unless there was a common object, being one of those set out in Sec.141 I.P.C., and she was actuated by that common object;
(iv) They did not take active part in violence or show of force; (v) They came at the spot after the unlawful assembly attacked complaint and by that time complainant went inside the polling booth; (vi) Police personnel indulged in talks with them and they cooperated in convincing the crowd to go away; (7) As per the version of above independent witness, it is came in light that the alleged accused Satrucharla Vijayaramaraju, M.L.C., Srikakulam had visited the polling station, Chinnakudama Village along with his Car driver/P.W.10 with a view to pacify the situation only but not supported any one.
i)After completion of investigation, P.W.24 filed charge sheet against all the accused for the above said offences.
3.This case has been taken on file for the offences under
Sections 143, 145, 147, 342, 188 and 109 r/w.149 IPC, and under Sections 131 and 132 of Representation of People Act, against the accused Nos.1 to 41; under Sections 144, 148 IPC against the Accused Nos.16,17, 18, 20 and 31; under Sec.323 IPC against accused Nos.2, 5 and 6; under Sections 324 and 354 IPC against A-6; and under Sec.3(1)(r)(s) of SC ST (POA) Act, 2015 against the accused Nos.1 to 5; under Sections 3(2) (va) of SC ST (POA) Act, 2015 against all the accused, except A-17, A-31, A-32 and A-34 being the schedule tribes and A-30 who belongs to SC Community. On appearance of the accused nos.1 to 41, copies have been furnished to them u/sec.208 of Cr.P.C.
4.After hearing plea of accused under Sec.228 Cr.P.C, charges for the offences under Sec.143 r/w.149 IPC; Sec.145 r/w.149 IPC; Sec.147 r/w.149 IPC; Sec.342 r/w.149 IPC; Sec.188 r/w.149 IPC; Sec.109 r/w.149 IPC; and Sections 131 and 132 of Representation of People Act, against A-1 to A-41; charges under Sections 144 and 149 IPC against A-16, A-17, A-18, A-20 and A-31; charge under Sec.323 IPC against A-2, A-5 and A-6; Charges under Sections 324 and 354 IPC, against A-6; Charge under Sec.3(1)(r)(s) of SCs & STs (POA) Amendment Act against A-1 to A-5; and a charge under Sec.3(2)(va) of SCs & STs (POA) Act, against A-1 to A-16, A-18 to A-29, A-33, A-35 to A-41, were framed, read over and explained to them in Telugu and they denied the same by pleading not guilty and claimed to be tried.
5.During trial the prosecution examined PWs 1 to 24, and Exs.P-1 to P-68 and MO.1 and MO.2 were marked. After closure of prosecution evidence, accused nos.1 to 41 were examined under section 313 of Cr.P.C., they denied the incriminating material found in the prosecution evidence and stated that they have no defense evidence.
6.Heard arguments of both sides.
7.Now, the point for determination is:- Whether the prosecution proved the guilt of A-1 to
A-41 for the respective charges framed against them beyond
reasonable doubt?
8.Point No. 1 :- The learned Special Public Prosecutor submitted that though the material witnesses including the defacto complainant did not support the case of prosecution, there is no necessity for the police to book false case against all the accused. Hence, basing on the evidence of investigating officers, the accused 1 to 41 can be convicted.
9.The learned counsels for all the accused submitted that no occurrence took place as alleged by the prosecution. The identity of accused are not stated by any of the witnesses. The above crime was registered against all the accused due to political rivalry. In view of the hostile evidence of material witnesses including the defacto- complainant, the prosecution failed to establish the guilt of all accused and the accused are entitled for acquittal.
10.It is the case of prosecution that as the above IPC offences related to unlawful assembly and rioting are scheduled offences and accused did those offences with full knowledge that complainant being member of scheduled tribe by virtue of her being sitting M.L.A., and candidate for Kurupam (ST reserved) Assembly Constituency. All the above accused are being charged under Section 3(2)(v)(a) of SC ST (POA) Act, 2015, except A-17, A-31, A-32 and A-34 for them being from the scheduled tribe and A-30 who belongs to SC Community, others are from B.C. community. In order to prove the case of prosecution the prosecution cited as many as 32 witnesses out of which 24 witnesses are examined as Pws.1 to 24. and Ex.P.1 to P.68 and M.O.1 & M.O.2 are marked and no witnesses were examined on behalf of accused and no documents were marked on behalf of accused.
11.As seen from the evidence of PW1 who is the defacto complainant-cum-victim in this case, deposed that she is resident of Chinamerangi of Jiyyammavalasa mandal. LW2/Satrucharla Parikshith Raju is her husband. She don not know LW3/Sappa Srinivasa Rao, LW4/Ganta Jagajjeevanarao, LW5/Surapalli Prem Kumar, LW6/Kilari Hemachandranaidu, she know LW7/Allu Chankadar LW8/Makkuva Balaram are her gunmen. She belongs to Schedule Tribe. She cannot identify the accused.
12.P.W.1 further deposed that she was contested as MLA of Kurupam constituency in the year 2019. On 11-04-2019, while the polling for MLA, 2019 was held, she along with LW2 visiting polling booth of 151, 151 of Chinakudama village of Jiyyammavalasa mandal. Her husband LW2 accompanied with her as general agent, LW7 and 8 who are her gunmen were present along with her. Somebody abused her in the name of her caste, but she cannot identify the persons abused her in the name of her caste. Nobody beat her by felting stones. Many member of persons i.e., more than 100 were gathered at election booth. She entered into the booth of 152 by suspecting that something was happened in the said booth. By observing the mob who are gathered at polling booth the police persons also came there and protected her and LW2 ie.., her husband by anticipating that may happened. Her husband i.e., LW2 brought the report and asked her signed on the report. She has not gone through the contents of the report and signed on it. The contents of report not read over to her. LW2 got prepared the report. The signature on the report is that of her. She do not know the contents of report.Ex.P.1 is the signature of PW1. She do not know whether the accused are members either Schedule caste or Schedule Tribe. Police examined her and recorded her statement. She further deposed that she do not know anything about the facts and circumstance of this case. Police not examined her and not recorded her statement. Thereby P.W.1 turned hostile and did not support the case of prosecution. Ex.P.2 is her Sec.161(3) Cr.P.C. Statement. The learned Special Public Prosecutor put a suggestion that she stated before Police as in Ex.P.2/Sec.161(3) Cr.P.C., and in view of compromise with accused, she is deposed false, for which she denied the same.
13.P.W.2 deposed that In the year 2019 in view of the polling for the election of MLA and MP, he was general agent for the booth Nos. 151 and 152 of Chinakudama village. At about 4.00 pm, he received information some disturbance took place at polling booth, immediately he informed to PW1 as he is being general agent. Then himself and PW1 went to the said pooling booth and noticed that some mob is there. He questioned them when Sec.141 Cr.P.C. is an operation why they are gathered there. Some verbal altercation took place between them and mob. In the meanwhile police personnel came there and took him and PW1 in the room by anticipating them, there something may happened. they heard shouting and voice from out side. After 2 or 3 hours, the police again came there and took him and PW1 to police station to give report. PW1 gave report to the police. He cannot say whether anybody abused him and PW1 by touching their caste. Nobody threatened him and PW1. Police examined him and recorded his statement. Thereby P.W.2 also turned hostile and did not support the case of prosecution. Ex.P.3 is his Sec.161(3) Cr.P.C. Statement. The learned Special Public Prosecutor put a suggestion that he stated before Police as in Ex.P.3/Sec.161(3) Cr.P.C., and in view of compromise with accused, he is deposed false, for which he denied the same.
14.P.W.3 deposed that he is resident of Vizianagaram. He is retired as Teacher. Previously he worked as Teacher, ZP High School, Rellivalasa from 2012 to 2021. He was nominated as Presiding officer for the booth No.152 of Chinakuduma village of Jimmayyavalasa for the general election, 2019. Accordingly he reported his duties. He further deposed that on 11-04-2019, at about 7.00 am they went to the polling booth by the time the election agents reached to the polling booth and poling was commenced at 7.00 am and going on peacefully. The poling agents also cooperated with them for smooth running of poling. At about 11.00 am A-1 came to poling booth and sat there. Then he informed him that nobody allowed to sit in the poling booth and asked him to go out. In the meanwhile one person from YSR Party came there and questioned him why he is sitting in the poling booth and some verbal altercation took place between them. Then himself and his staff i.e., LW6 and others staff send both of them out. Later they continued the poling peacefully. At about 4.00 pm, he heard some cries out side the poling booth. The police person came there and took the P.Ws.1 and 2, police closed the doors to prevent the public to enter into the poling booth. Within one hour or one and half hour police pacified the issued. Himself and his staff guarded the EVMs systems. they reported the same to Returning Officer, on the instructions of Returning Officer they continued the poling. After completion of poling, they sealed the EVMs in the presence of poling agents and they handed over EMVs concerned authorities. Police examined him and recorded his statement. The learned counsel for A-1 to A-3 put a suggestion that no verbal altercation took place in between A1 and another person and at the instance of Police he is deposing false, for which he denied.
15.P.W.4 deposed that he was nominated as Booth Level Officer for Booth No.152 of ChinaKudama village for the general election in the year 2019. The election was started by 7.00 am on 11- 04-2019. A-1 came to poling booth and sitting in the poling booth. At about 11.00 am PW2 came to poling booth. PW2 questioned A-1 why he is sitting in the poling booth and verbal altercation took place in between A-1 and PW2. At about 4.00 pm on the same day, some galata was going on at poling booth between voters. The sympathizers i.e., Telugudesam party and YSR party came there. He gave report to MRO. Police examined him and recorded his statement. During the cross-examination by learned counsel for A-1 to A-6, he admitted that being V.R.O., he has to provide facilities to the poling staff during election time. He did not state before the Police that some verbal altercation took place between A-1 and P.W.2. he orally informed to M.R.O., about the incident and no written report given to M.R.O. He admitted that he did not state before Police that the members of TDP and YSR congress party came to the poling booth and some altercation took place between them. He denied the suggestion that he was not nominated as BLO for general elections in the year 2019 and that nothing happened as he stated in his chief-examination and that at the instance of Police, he is deposing false.
16.P.W.5 deposed that presently he is working as police constable, Gantyada police station. Previously he worked as constable, Chinamerangi police station from 2018 to 2022. He know P.Ws.1 to 4, he do not know L.Ws. 6/Hemachandra naidu and 7/Allu Chandrasekar. He was in-charge of root mobile for the general election in the year 2019 held on 11-04-2019. On 11-04-2019 while he was at Turakanaiduvalasa village, he received from Head Constable at 3.45 pm and informed him that some quarrel took place poling booth of Chinakudama village. Immediately he was attend at about 4.10 pm he rushed to the booth No.121, by the time PW.2 and A-1 talking each other. The MLA contesting candidate tried to beat A-1. Due to fear A- 1 jumped the wall and went to village and brought his villagers about 400 to 500 persons. By the time one police person i.e.,, APSP, RI stood at the gate of poling booth and stopped them and not entered in to the poling booth. The persons entered into the poling booth by force and they surrendered to P.ws.1 and 2, then himself and the gunmen of PW1 and protected PW1 and PW2 and they gave sheltered to them. They informed the same to the ASP, Parvathipuram. The ASP came to poling booth and enquired about the issue. Police examined him and recorded his statement. During the course of cross-examination, he admitted that the poling booths are within the compound of the High School, Chinakudama village. There is only one gate to the school for ingress and egress. One constable allotted to the two poling booths of Chinakudama village. The police person will allow the voters only to the poling booth and he will not allow other persons. He denied the suggestion that there are no talks in between PW2 and A-1 at poling booth. He denied the suggestion that he did not state before the police that by the time he reached to poling booth A-1 and PW2 talking each other. He also denied the suggestion that the villager did not surround the PW1 and 2 in the premises of school where the election booths were arranged. About 30 to 40 police personal were came to the poling booth and out side the school premises. He did not give any written report to his higher officers, but they orally informed the same to their higher officers. He denied the suggestion that he was not deputed duty at poling booth of Chinakudama village and that nothing was happened as he stated in his chief examination and that he is deposing.
17.P.W.6 deposed that presently he is working as AR constable, Parvathipuram police station. Previously he worked as gunman of PW1. He further deposed that on 11-04-2019, himself and LW8 accompanied with PW1 to Chinakudama poling booth. By the time suddenly some people gathered, by anticipating something was happened, they protected to PW1 and took her to poling booth. After some time police personal also came thee and took PW1 and him safely. DSP examined him and recorded his statement. Thereby he turned hostile and did not support the prosecution case. During cross- examination he denied the suggestion that stated before police as in Ex.P.4 Sec.161(3) Cr.P.C. He further denied the suggestion that there was a compromise with you, thereby he is deposing false.
18.P.W.7 deposed that he is working as Constable DTC, Vizianagaram. Previously he worked as constable at Parvathipuram during relevant period. On 10-04-2019, he was deputed to bandubastu duty at Chinakudama village and stayed in the poling booth along with police staff. The election was started on 11-04-2019 at 7.00 am. He was deputed to bandubanstu duty for booth numbers 151 and 152 and two volunteers deputed to assist him. At the instruction of presiding officer of booth No.151, he was present at booth number 151 at about 11.30 am. He came to know that some altercation took place between the poling agents of booth No.s 151 and 152. Immediately he went there and sent them out. At about 2.00 pm, Head Constable of Excise department came there and APSP RI and his staff also came there and stayed at gate of the school. Later PW1 and her husband and 10 others came there and pickup with quarrel A-1. Himself and constables from Chinamerangi police station and Reserve Inspector tried to pacify the issue, but they did not heed our words. In the meanwhile A-1 went away his village and brought some of his followers to the poling booth, even the Reserve Inspector and his staff resistant them, they entered in to the poling booth and they beat Reserve Inspector and torned his badge and they surrendered to PW1. About 600 to 800 persons came there and felted stones, in the meanwhile the DSP came there and took the PW1 from the poling booth and the persons against surrendered the PW1 and beat her and kept PW1 in the poling booth 152. His higher officers came to the poling booth and pacified the issue and sent PW 1 and PW2 from the poling booth. Later the voting was continued. After that they handed the EVMs to strong room. At the time of his examination he handed over some video clips to his higher officers. Police examined him and recorded his statement. During cross- examination by the learned counsel for accused, he stated that at the time of the incident, he videographed the incident even about 600 to 800 persons were there. He do not know personally what was altercation between A-1 and PW1. He has no prior acquattain with villagers of Chinakudama, but he was deputed to bandubusta duty for the purpose of general elections. He admitted that the sympathizers of both the parties did not give any report to police regarding the disturbance of poling booth. He denied the suggest that no disturbance took place of polling booths 151 and 152 as he stated in his chief-examination, at the instance of his higher officer, he is deposing false.
19.P.W.8 deposed that he is resident of Kurupamvillage and mandal. He never worked as report in Sakshi electronic media. He do not know anything about the facts and circumstance of this court. Police not examined him and not recorded his statement. Thereby he turned hostile and did not support the case of prosecution. During cross-examination he denied the suggestion that he stated before Police as in Ex.P.5/Sec.161(3) Cr.P.C., statement. He denied the suggestion that there was a compromise with accused, thereby he is deposing false.
20.P.W.9 deposed that he is retired Head Constable. Previously he worked as Head Constable, SB Zone, Elwinpeta Special Branch from 2015 to 2020. He further deposed that on 11-04-2019, he was moving in the area at Kurupam in view of election in the year 2019. He received phone call at about 4.00 pm from public and informed that some distance took place at Chinakudama village. Immediately he rushed to Chinakudama poling booth at 4.30 pm. By the time police person took the Pushapasrivani to the poling booth to keep her in room in order to protect her. By the time he was taken some video-graph. In the meanwhile Higher officer came there and informed the same to them. During cross-examination, he stated that he has taken the videos through cell phone. He has not handover his cell phone with which he taken photographs to police. He denied the suggest that he did not go to the poling booth on phone call intimation and that nothing was happened as he stated in his chief examination and that at the instance of Police, he is deposing false.
21.P.Ws.10 to 12 deposed that they do not know anything about the facts and circumstance of this case. police not examined them and not recorded their statements. Thereby they turned hostile and did not support the case of prosecution. During cross-examination they denied the suggestions that they stated before police as in Exs.P.6 to P.8/Sec.161(3) Cr.P.C, Statements. They also denied the suggestions that there was a compromise with the accused, thereby they are deposing false.
22.P.W.13 deposed that presently he is working in Excise P.S., S.Kota. Previously he worked as Head Constable Excise police station, Parvatjpuram from 2014 to 2020. He further deposed that he was deputed to bandubastu duty at Chinakudama village of Booth No.152 in the premises of ZP High School, Chinakudama. He was present at the gate of the school as part of my duty. By the time PWs 1 and 2 came to the poling booth, by the time A-1 who belong to TD party present there and some altercation took place between them. Group of persons from Chinakudama village also came to the poling booth, he took PW1 by name Pushapasrivani to the poling booth room and she was kept in room for one hour, he stopped the persons from the village not to entry into the poling booth in order to prevent further dispute. Later PW1 left the poling booth. Somebody felted stone over him, he also sustained injuries. He cannot identify the persons who felted stones over him. He was not admitted in hospital. The DSP examined him and recorded his statement. During cross-examination he stated that he was deputed to duty at Anjaneyaswamy temple near the poling booth at Chinakudama on the date of the poling for general election 2019. He denied the suggestion that no incident took place at poling booth as he stated in his chief examination and that he was deputed duty at Anjaneyaswamy temple as such he do not know what was happened at poling booth.
23.P.W.14 deposed that Presently, he is working as Sub- Inspector of Police, Kurupam. Previously, he worked as Sub Inspector of Police, Chinamerangi PS, from 20-09-2018 to July 2019. He further deposed that on 11-04-2019 at about 8.30 pm while he was in the police station on duty, P.W.1 came to the police station and presented a written report. Basing on the written report, he registered a case in Crime No.43/2019 U/Sec.353, 354,332,342,323, IPC and 125 of RP Act & Sec. 3(1)(r)(s),3(2)(va) of SC ST POA Act-2015. Ex.P.9 is the report is PW1. Ex.P.10 is the Original F.I.R. He submitted original F.I.R to AJFCM Court, Parvathipuram and copies to all the concerned officials. He submitted CD file to DSP, for further investigation as the offence under Sec. SCST to be investigated by DSP as per the order of Superintendent of Police, Vizianagaram. The ASP i.e., LW32 is examined him and recorded his statement. During cross-examination, he admitted that there is no endorsement on Ex.P.9 who is scribe of it. He denied the suggestion that PW1 did not give report under Ex.P.19 and she do not its contents.
24.P.W.15 deposed that Presently, he is working as Sub- Inspector of Police, CCS, Vizianagaram. Previously, he worked as Sub Inspector of Police, Jiyyammavalasa PS, from 2017 to July, 2019. He further deposed that on 11-04-2019 while he was on duty in his jurisdiction in view of the general election, 2019, at about 4.00 pm he received phone call intimation from Chinamarangi police station that one dispute took place at poling booth at Chinakudama. Immediately he along with his staff rushed to the poling booth at Chinakudama. By the time the public were gathered the compound wall i.e., School compound wall. He control the public not to enter into the poling booth. Within half an hour the DSP and ASP came to the polling book and took PW1 to Poling booth. ASP examined him and recorded his statement. During cross-examination he denied the suggestion that he did not go to the poling booth on phone call intimation and that he has not controlled the public to enter into the poling booth and that he is deposing false at the instance of our higher officials.
25.P.W.16 deposed that he is resident of Chinamerangi village of Jiyyammavalasa mandal. She know P.Ws.1 and 2. She do not know other witnesses. She further deposed that on 05-04-2019, she accompanied with PW1 to polling booth to Chinakudama. PW1 entered into the polling booth, she was standing out side the polling booth. Police asked PW1 to stay in the room at police station as some distance is outside the compound was of the said polling station. She took water bottle and gave PW1. Except that She do not know anything this case. Police not examined her and not recorded her statement. Thereby she turned hostile and did not support the case of prosecution. During cross-examination she denied the suggestion that she stated before police as in Ex.P.11 Sec.161(3) Cr.P.C. She also denied the suggestion that there was a compromise with the accused, thereby she is deposing false.
26.P.W.17 deposed that he is resident of Kurupam village and mandal. He is vice-sarpanch of Kurupam. Previously he worked as personal Asst., of PW2. He further deposed that in the year 2019 he cast my vote at Kurupam and he came to know some galata took place at Chinakudama and went there, by the time he reached there is no incident. Except that he do not know anything this case. Police examined him and recorded his statement. Thereby he turned hostile and did not support the case of prosecution. During cross-examination he denied the suggestion that he stated before police as in Ex.P.12 Sec.161(3) Cr.P.C. He also denied the suggestion that there was a compromise with the accused, thereby he is deposing false.
27.P.W.18 deposed that he has been working as Civil Assistant Surgeon, District hospital, Parvathipuram since 2019 to till date. He further deposed that on 12.4.2019 PW1 came to hospital at about 10.30 am he examined PW1 and found the following injuries, i.e.,
1) Pain and swelling on frontal region; 2)Abrasion on right pinna;
3) Pain and tenderness on right shoulder; and 4) Abrasion on upper lip. He is of the opinion that the injuries 1 to 4 are simple in nature. He issued wound certificate accordingly. Ex.P13 is wound certificate of PW1. He further deposed that on the same day at 10.30 am he examined PW2 and found the following injuries, i.e., 1) Pain and swelling on left wrist joint; and 2) pain and tenderness on back. He is of the opinion that the injuries 1 & 2 are simple in nature. He issued wound certificate accordingly. Ex.P14 is wound certificate of PW2. During cross-examination he stated that P.Ws.1 and 2 directly came to hospital without any reference from Police and the injures noted in Exs.P.13 and P.14 are possible when a person fallen on hard surface.
28.P.W.19 deposed that he is retired M.R.O. Previously he worked as M.R.O. at Bottayagudem at Westgodavari district from 10.2.2019 to 8.7.2019. He received requisition from A.S.P., Parvathipuram for issuance of caste certificate of PW1, he deputed V.R.O. and R.I. to enquiry about the caste of PW1 and basing on their report PW1 belongs to Konda Dora – ST, he issued caste certificate accordingly. Ex.P15 is caste certificate of PW1. During cross- examination he stated that the Tahsildar, Palakonda gave migration certificate the father of PW1, basing on that he made enquiry through his staff about the caste of PW1 and issued caste certificate. He did not enclose the enquiry report of his V.R.O., and R.I.
29.P.W.20 deposed that she is retired M.R.O. Previously she worked as M.R.O. at Jiyyammavalasa mandal from 12.2.2019 to July, 2019. On the requisition of police for caste certificates of A1 to A16 , A18 to A30, A33 and A35 she deputed VRO and RI to enquiry about the caste cate of the above applicant and the report reveals that except one person the rest of persons are belongs to non members of schedule caste and schedule tribe, she issued caste certificates accordingly. Ex.P.16 to Ex.P.46 are caste certificates of A1 to A15, A18 to A30, A33 & A35. During cross-examination she stated that she sent the applications and enquiry report to the police. The certificate to issue to the applications only and the same will be endorsed. She denied the suggestion that she has not made any enquiry through her staff and the request of police she issued Ex.P16 to Ex.P46 to accommodate the police.
30.P.W.21 deposed that presently he is working as Tahsildar, Palakonda. Previously he worked as Tahsildar, Jiyyammavalasa mandal from July, 2019 to July, 2021. He further deposed that he received requisition from A.S.P., Parvathipuram for issuance of caste certificates of A36 to A41, He deputed his staff V.R.O. and RI to enquire about the caste certificates of above persons it reveals that A36 to A41 are belong to Kopala Velama, accordingly he issued caste certificates of A36 to A41. Exs.P47 to Ex.P52 are caste certificates of A36 to A41. During cross-examination he stated that he sent the applications and enquiry report to the police. The certificate to issue to the applications only and the same will be endorsed. He admitted that he has not made any enquiry through his staff and the request of police he issued Ex.P47 to Ex.P52 to accommodate the police.
31.P.W.22 deposed that presently he is working as Joint Secretary, CCLA. Previously he worked as Sub-Collector, Parvathipuram from November, 2018 to March 2020. He received requisition from Asst., Superintendent of Police for issuance of caste certificate of A 17, A 31, A 32, A 34. He instructed to concerned Tahsildar to enquire about the caste of the above persons. Basing on the report of he issues caste certificates. All are belongs to Kondadora by caste ST. Ex.P.53 to 56 are the caste certificates of A17, A 31, A 32, A 34 respectively. There is no dispute in respect of issuance of caste certificates of above accused, hence the learned counsel for accused reported no cross-examination.
32.P.W.23 deposed that Presently, he is working as ASP, Chief Officer, Mangalagiri. Previously, he worked as DSP, SCST-Cell- II, Vizianagaram from 16-02-2019 to 09-08-2019. He further deposed that on 13-04-2019, he received proceedings of the Superintendent of police in C No.1590/C-2/2019, dated 11-04-2019. Ex.P.57 is the proceedings of the Superintendent of Police in C.No. 1590/C-2/2019,
dated 11-04-2019. On same day, he took up investigation he left the
Vizianagaram and instructed SI of Police, Chinamerangi and Inspector of Police, Elwinpeta to be present at scene of offence by securing mediators. He visited the scene of offence which is ZP High School, Chinakuduma village along with the mediators i.e., V.Krishna/LW21, LW22/M.Tirupathi. He observed scene of offence in their presence and prepared scene observation report and rough sketch. Ex.P.58 is the scene observation report and Ex.P.59 is the rough sketch. He got photographed the scene of offence at the time of scene observation. Ex.P.60 is the photographs (01 in number) corresponding with CD. He further deposed that on the same day he sent requisition to Tahsildar, Jiyyammavalasa mandal for issuing caste certificate of P.W.1. He also addressed letters to Returning Officer, kurupam of Vizianagaram District to furnish detailed of the persons who are deplied as poling staff at poling booth 151 and 152 of Chinakudama village of Jiyyammavalasa mandal and he also requesting to furnishing to CC footage and webcasting. He also requested him to furnish details of contesting candidates for Kurupam Assembly constituency and also details of general Agenda of YSR CP and guidelines of candidates and general agency and poling station agency for the purpose of investigation. Later he handed over case bundle to LW32 for further investigation as per the orders of Superintendent of Police. He also examined P.Ws. 1 and 2 and recorded their detailed statements u/Sec.
161(3) Cr.P.C. During cross-examination he denied the suggestion that he did not visit the scene of offence along with the mediators and not prepared the scene observation report and rough sketch and he prepared the same at police station itself and that Ex.P.16 photograph is not relating to the scene of offence.
33.P.W.24 deposed that presently, he is working as Superintendent of Police, Grey hounds, Visakhapatnam. Previously, he worked as ASP, Parvathipuram 08-01-2019 to 27-03-2020. He further deposed that on 16-04-2019, he received proceedings of the Superintendent of police in C No.1590/C2/2019, dated 16-04-2019. Ex.P.61 is the C.No.1590/C2/2019. On 17-04-2019, he verified the investigation done by PW.23 and proceeded Chinamerangi village where he secured P.ws.1 to 5 and examined and recorded their detailed statements u/Sec.161(3) Cr.P.C. He addressed a letter to MRO, Jiyyammavalasa for issuance of caste certificate of PW1. On 18-04-2019,heexaminedLW6/Hemachandranaidu, PW6,LW8/Makkuva Balaram and PW7 in his office and recorded their detailed statements u/Sec. 161(3) Cr.P.C. At the time of examination PW7, he handover over video-clips which was taken his mobile phone along with certificate Sec. 65-B of Evidence Act. Ex.P.62 is the CD (No.11)with certificate u/Sec. 65-B Evidence Act. He also deposed that on 19-04-2019, he received wound certificate of PW1 from Area Hospital, Parvathipuram. He collected the proceedings of the Mandal Executive Officcer, Chinamerangi regarding Sec.144 Cr.P.C. proceedings regarding the general election. Ex.P.63 of the proceedings of Sec. 144 cr.P.C. On the same day he collected paper clippings dated 12-04-2019 published in Eenadu, Andhra Jyothi and Prajasakthi and Visalandra from SI of Police, Chinamerangi. On 24-04- 2019, he addressed a letter to Tahsildar, Jiyyammavalasa to furnish the caste certificate of accused. On 27-04-2019, he examined LW10/S.Venkata Ramana and recorded his detailed statement u/Sec. 161(3) Cr.P.C. At the time of examination of LW10, he handover video- clips which was taken through his mobile phone with certificate Sec.65- B of evidence Act. Ex.P.64 is the certificate Sec. 65-B of evidence Act CD (9). On the same day examined PW8, PW13 and recorded their detailed statements u/Sec. 161(3) Cr.P.C. At the time of examination of LW10, he handover video-clips which was taken through his mobile phone with certificate Sec. 65-B of evidence Act. Ex.P.65 is the certificate Sec. 65-B of evidence Act CD (10) with certificate. On 29- 04-2019, he sent requisition to the JFCM Court, Parvathipuram for recording Sec.164 Cr.P.C. of PW6 and LW8/Makkuva Balaram. On 01- 05-2019, he instructed the SI of Police, Chinamerangi police station to take help of local VRO for identification of accused from the video-clips submitted by the witnesses. On 03-05-2019, he received castes certificates of A 1 to A 5. On 14-05-2019, he examined PW9 and recorded his detailed statement u/Sec. 161(3) Cr.P.C. At the time of examination of LW10, he handover video-clips which was taken through his mobile phone with certificate Sec.65-B of evidence Act. On 15-05-2019, he re-examined PWs 4, 5, 7 and LW10 and recorded their detailed statements u/Sec. 161(3) Cr.P.C and the same was video-graphed. On the same day, he received mediators report prepared by SI of Police, in the presence of mediators along with photo album. Ex.P.66 is the mediator’s report, dated 15-05-2019 along with photo album. Basing on the report under Ex.P.66, he added A 9 to A
37. On 17-05-2019, he served Sec.41(A) Cr.P.C. notice to A 3, A 5, A 15, A 16, A 24, A 25. On the same day the JFCM, Parvathipuram recorded the statement of PW6 u/Sec. 164 Cr.P.C. On 18-05-2019, he served Sec. 41(A) Cr.P.C. notice to A 1, A 2, A7, A10, A11, A 12, A 13, A 17, A 20, A 21, A 22, A 23, A 26, A 27, A 28, A 29, A 30, A31, A 32, A 34. On the same day A20 gave his confession statements in the presence of mediators. He along with mediators and A20 went to Chinakuduma village to the house of A 20 and seized one hammer, and two bamboo sticks under the cover of mediator’s report.M.O.1 is the one hammer and M.O.2 is the two bamboo sticks. On 20-05-2019, he served Sec. 41(A) Cr.P.C. notice to A 6. On 29-05-2019, he served Sec. 41(A) Cr.P.C. notice to A 4, A 18, A 19. On 30-05-2019, he examined PW10, PW11, PW12 and recorded their detailed statements u/Sec. 161(3) Cr.P.C. On the same day he served Sec.41(A) Cr.P.C. notice to A35. On 31-05-2019, he examined PW14 and recorded his detailed statement u/Sec. 161(3) Cr.P.C. On 03-06-2019, he examined PW15 and recorded his detailed statement u/Sec. 161(3) Cr.P.C. On 06-06-2019, he obtained certified copies of Sec. 164 Cr.P.C. statement of LW8 and PW6 from JFCM court, parvathipuram. On 07- 06-2019, he examined PW16 and recorded detailed statement u/Sec. 161(3) Cr.P.C. On the same day he received caste certificate of accused. On 16-06-2019, he served Sec. 41(A) Cr.P.C. notice to A 8, A 9, A 14. On 17-06-2019, he served Sec.41(A) Cr.P.C. notice to A33. On 12-07-2019, he examined PW17 and recorded his detailed statement u/Sec. 161(3) Cr.P.C. At the time of examination he was handover CD with certificate u/Sec. 65-B of Evidence Act. Ex.67 is the is the certificate Sec. 65-B of evidence Act CD (12) with certificate.On 13-07-2019, the SI of Police, Chinamerangi submitted a mediator’s report prepared in the presence of mediators regarding identification of some other accused and Ex.P.68 is the is the mediator’s report, dated 13-07-2019 along with photo album. On 14-07-2019, he served Sec.41(A) Cr.P.C. notice to A 36, A 37, A 38, A 39, A 40, A 41. After completion of investigation he filed charge sheet against A1 to A 41. P.Ws.1 to 6, 8, 10 to 12, 16 and 17 stated before him as in Ex.P.2 to P.8 and P11 and P12.
34.During Cross examination P.W.24 denied the suggestion that P.Ws. 1 to 6, 8, 10 to 12, 16 and 17 did not state before him as in Ex.P.2 to P.8 and P11 and P12. He did not seize mobile phones from the witnesses who handover the video-clips at the time of their examination. He denied the suggest that there no witnesses produced video-clips along with Sec.65-B Certificates and same are not related to this case. He denied the suggestion that the Sec. 144 Cr.P.C. was not communicated by the Mandal Executive Magistrate, Jiyyammavalasa. He denied the suggestion that that LW10, PW8, PW13 have not handed over the video-clips along with Sec.65-B and that Ex.P.64, 65 are not relating to this case. I did not issue written proceedings to SI of Police to conduct identification of accused basing on the CDs and to prepared mediator’s report. No test identification was conducted for accused. He denied the suggestion that Ex.P.66, Ex.P.68 not prepared on his instruction in the presence of mediators and that no identification was held in the presence of mediator and the same was created for the purpose of this case. He denied the suggestion that he has not seized M.Os.1 and 2 basing on the confession statement of A20 in the presence of mediators. He denied the suggestion that P.Ws.10 to 16 did not state before him. He denied the suggestion that he did not examine PW17 and he not handed over any video-clips under Ex.P.67. He further denied the suggestion that no incident took place at poling booth of 151 and 152 of Chinakuduma village and that due to political pressure false FIR was registered against the accused and that accused are not committed alleged by the prosecution and to that sustenance his investigation against the accused and that all the recorded are prepared on the instructions of the then MLA. He further denied the suggestion that there is no direct or indirect access to the alleged incidents and that the documents and CDs, photographs and M.Os. for brought into the existence to suit case of prosecution.
35.On perusal of the above evidence of all the prosecution witnesses shows that the material witnesses i.e., P.W.1 and 2 who are the best persons to speak about the commission of charged offences leveled against the accused, have turned hostile to the case of the prosecution and nothing material could be elicited during their cross- examination by the learned Additional Special Prosecutor, except got marking their incriminating their Sec.161 Cr.P.C. Statements as Exs.P.2 and P.3. P.W.3 who is Presiding Officer of Booth No.152 of Chinakuduma village at the material time also did not speak anything about commission of offence by the accused. P.W.4/V.R.O., of Kudama village stated that on that day some galata was going on at poling booth between voters, the sympathizers i.e., TDP and YSR party came there and he gave report to M.R.O. Except that nothing was stated by him against the accused.
36.P.Ws.5 to 7, 9, 13, 14, 15, 23 and 24, who are the Police Officials deposed about their duties and role in this case.
37.P.Ws.8, 10, 11, 12, 16, 17 turned hostile and did not support the case of prosecution.
38.P.W.18 is the Medical Officer, who examined P.Ws.1 and 2 and issued Exs.P.13 and P.14/wound certificates respectively of P.Ws.1 and 2.
39.P.W.19, the then Mandal Revenue Officer deposed about issuance of Ex.P.15/caste certificate of P.W.1.
40.P.W.20 the then Mandal Revenue Officer of Jiyyammavalasa Mandal, deposed about issuance of Exs.P.16 to P.46 caste certificates of A-1 to A-15, A-18 to A-33 and A-35. There is no dispute about the same.
41.P.W.21 the then Tahsildar of Jiyyammavalasa Mandal deposed about issuance of Exs.A-47 to A-52/caste certificates of A-36 to A-41. There is no dispute about the same.
42.P.W.22 the then Sub-Collector, Parvathipuram, deposed about issuance of Exs.P.53 to P.56/caste certificates of A-17, A-31, A- 32, A-34 respectively. There is no dispute about the same.
43.P.Ws.23 and 24 deposed about their role of conducting entire investigation and filing of charge sheet in this case.
44.When PW1 denied about the contents of the report and other witnesses also did not support the case of prosecution, the evidence of official witnesses and Investigating Officers is not sufficient to establish the guilt of all the accused for the charges levelled against them. There is no dispute that P.W.1 belongs to the member of schedule Tribe/Kopndadora and A-1 is non member of schedule caste, and there is no evidence that the accused humiliated and abused P.W.1 in the name of her caste and also there is no evidence that the accused humiliated PW1 in a public view to attract the offence U/sec.3(1)(rs) and 3(2)(va) of SC & ST POA Act.
45.The prosecution miserably failed to prove the ingredients of rioting, unlawful assembly, wrongful confinement by all the accused; and the prosecution also failed to prove about disorderly conduct, shouting, and the use of loudspeakers or megaphones within or near (typically within 100-200 meters) a polling station, and also failed to prove misconduct at polling booth by all the accused on polling day by all the accused.
46.The prosecution also failed to prove about voluntarily causing hurt by A-2, A-5 and A-6 to PW.1; and also failed to prove voluntarily causing grievous hurt by A-6 to P.W.1; and also failed to prove assault or criminal force against P.W.1 with the intent to outrage her modesty. When the main material witnesses turned hostile, the evidence of remaining witnesses is not helpful to the case of prosecution.
47.Upon forgoing discussion this court holds that the prosecution failed to prove the guilt of accused Nos.1 to 41 i.e., for the charges under Sections 143 r/w.149 IPC; Sec.145 r/w.149 IPC; Sec.147 r/w.149 IPC; Sec.342 r/w.149 IPC; Sec.188 r/w.149 IPC; Sec.109 r/w.149 IPC; and under Sections 131 and 132 of Representation of People Act, against against A-1 to A-41; Sections 144 and 149 IPC against A-16, A-17, A-18, A-20 and A-31; Sec.323 IPC against A-2, A-5 and A-6; Sections 324 and 354 IPC against A-6; and Sec.3(1)(r)(s) of SCs & STs (POA) Act, against A-1 to A-5; and Sec.3(2) (va) of SCs & STs (POA) Act against A-1 to A-16, A-18 to A-29, A33, A-35 to A-41, respectively beyond all reasonable doubt.
48.In the result, A-1 to A-41 are found not guilty for the offences under Sec.143 r/w.149 IPC; Sec.145 r/w.149 IPC; Sec.147 r/w.149 IPC; Sec.342 r/w.149 IPC; Sec.188 r/w.149 IPC; Sec.109 r/w.149 IPC; and Sections 131 and 132 of Representation of People Act; A-16, A-17, A-18, A-20 and A-31 are found not guilty for the offences under Sections 144 and 149 IPC; and A-2, A-5 and A-6 are found not guilty for the offence under Sec.323 IPC; A-6 is found not guilty for the offence under Sec.324 and 354 IPC; A-1 to A-5 are found not guilty for the offence under Sec.3(1)(r)(s) of SCs & STs (POA) Act; and A-1 to A-16, A-18 to A-29, A-33, A-35 to A-41 are found not guilty for the offence under Sec.3(2)(va) of SCs & STs (POA) Act; and accordingly A-1 to A-41 are acquitted under Sec.235(1) for the above said offences respectively; The bail bonds of Accused 1 to 41 shall be in force for a period of six months in terms of Section 437-A Cr.P.C. Since insufficient evidence against A-42 and A-43, they are discharged. M.O.1/Hammer; and M.O.2/two bamboo sticks shall be destroy after expiry of appeal time. Typed to my dictation by Stenographer (out sourcing), corrected, signed and pronounced by me in open court, this the 22 nd day of April, 2026.
SD/-B.APPALASWAMY,
Special Judge for trial of
offences under S.Cs & S.Ts (POA) Act-cum- IV Additional District & Sessions Judge, Vizianagaram.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution:- For Defense: PW1: Smt. Pamula Puspa Srivani. - Nil - PW2: Satrucharla Parishithraju. PW3: Sappa Srinivasarao. PW4: Ganta Jagajjeevanarao. PW5: S.Premkumar. PW6: A.Chakradhar. PW7: Bellana Bangarunaidu. PW8: Kotari Manoj. PW9: V.Venkata Seetharamalingeswar Sarma. PW10: Batha Ganapathi. PW11: Palla Gopalanaidu. PW12: Gorle Chinnamnaidu. PW13: Kanchi Srinivasarao. PW14: P.Narayanarao. PW15: K.Laxmanarao. PW16: Allu Usha. PW17: Shaik Kadar Sharif . PW18: Dr.Ganesh Chaitanya. PW19: S.Mehaboob Ali. PW20: B.Suramma. PW21: Ch.Radha krishna. PW22: T.S.Chetan PW23: Ch.Paparao. PW24: Sumith Garud. For Prosecution: Ex.P.1: Signature of PW1 on the report. Ex.P.2: Section 161 (3) Cr.P.C., statement of PW1. Ex.P.3: Section 161 (3) Cr.P.C., statement of PW2. Ex.P.4: Section 161 (3) Cr.P.C., statement of PW6. Ex.P.5: Section 161 (3) Cr.P.C., statement of PW8. Ex.P.6: Section 161 (3) Cr.P.C., statement of PW10. Ex.P.7 : Section 161 (3) Cr.P.C., statement of PW11. Ex.P.8 : Section 161 (3) Cr.P.C., statement of PW12.
Ex.P.9 : Report of PW1. Ex.P.10 : Original FIR. Ex.P.11 : Section 161 (3) Cr.P.C., statement of PW16. Ex.P.12 : Section 161 (3) Cr.P.C., statement of PW17. Ex.P.13 : Wound certificate of PW1. Ex.P.14 : Wound certificate of PW2. Ex.P.15 : Caste certificate of PW1. Ex.P.16 to Ex.P46 : Caste certificates of A1 to A15, A18 to A30, A33 and A35. Ex.P.47 to Ex.P52 : Caste certificates of A36 to A41. Ex.P.53 to Ex.P56 : Caste certificates of A17, A31, A32, A34 respectively. Ex.P.57 : Proceedings of the superintendent of police in C.No.1590/C- 2/2019, dt:11.4.2019. Ex.P.58 : Scene observation report. Ex.P.59 : Rough sketch. Ex.P.60 : Photographs (01 in number) corresponding with CD. Ex.P.61 : Proceedings of the superintendent of police in C.No.1590/C2/2019. Ex.P.62 : CD (No.11) with certificate u/sec.65-B Evidence Act. Ex.P.63 : Proceedings of Section 144 Cr.P.C. Ex.P.64 : Certificate Sec.65-B of Evidence Act CD (9). Ex.P.65 : Certificate Sec.65-B of Evidence Act CD (10) with certificate. Ex.P.66 : Mediator’s report, dt:15.5.2019 along with photo album. Ex.P.67 : Certificate Sec.65-B Evidence Act CD (12) with certificate. Ex.P.68 : Mediator’s report, dt:13.7.2019 along with photo album.
For Defence :Nil
MATERIAL OBJECTS MARKED
MO.1: One hammer. MO.2: Two bamboo sticks.
Date : 22-04-2026 (Sri B.Appalaswamy)
Spl. Judge -cum- IV Addl. District Judge
VIZIANAGARAM
Dictated on :
Transcribed on : checked on : Signed on :
(Sri B.Appalaswamy)
Spl. Judge -cum- IV Addl. District Judge
VIZIANAGARAM
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