Ms. B.C.Nikhita

IN THE COURT OF THE II ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS

:: AT NIRMAL

Present:- B.C. Nikhita, II Addl. Judl. Magistrate of First Class, Nirmal

Wednesday, this the 06 th day of May, 2026

CC.No. 598 of 2019

Between: The State of Telangana through Police Station, Dilawarpur. … Prosecution // AND //

Ayindla Madhu, S/o.Sayanna, age: 38 years, Occ: Agriculture, R/o. Borigam village of Sarangapur Mandal. …Accused

This case is coming for final hearing before me on this day in the presence of learned Assistant Public Prosecutor for the State and Sri.P.Ashok, Advocate Counsel for accused person and having stood over for consideration till this day, this Court delivered the following.

J U D G M E N T

01.The Sub- Inspector of Police, Police Station Sarangapur, laid charge sheet against accused in Cr.No.110/2018 fo r the offence under Section 171-B r/w 171-E of

IPC.

02. The brief facts of the charge-sheet are as follows:-

On 06.12.2018 in view of Assembly General Elections, LW1 to LW3 were on patrolling duty and the accused was campaigning for congress party in the Bansapally village and distributing money to voters and violated Model Code of Conduct of

Elections, then immediately LW1 to LW3 approached the accused and LW1 conducted 2/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal confession and seizure panchanama in the presence of LW4 and LW5 and seized Rs.

22,000/- (44 X 500 = 22,000/-) from the accused under the cover of panchanama.

Basing on the panchanama, LW6 registered a case in Cr.No. 110/2018 for the offence

U/sec. 171-B r/w 171-E IPC and took up the investigation. During the course of investigation, LW6 examined and recorded the statements of LW1 to LW3, visited the scene of offence situated at Bansapally villlage and prepared CDF in the presence of

LW4 and LW5 and drafted rough sketch of scene of offence in the CDF. Later on 28.12.2018, LW6 served the notice U/Sec. 41(A) Cr.P.C to accused and instructed him to attend before the Hon’ble Court on receipt of summons. After completion of investigation, LW6 filed the charge sheet against the accused for the offence under section 171-B r/w 171-E of IPC.

03. This court took cognizance, on the police report, for the offence under section 171-B r/w 171-E of IPC against accused and issued summons to the accused.

04.On appearance of accused, he was examined under Section 251 of Cr.P.C by explaining the substance of accusation leveled against him for the offence under Section 171-B r/w 171-E of IPC were read over and explained to him in his vernacular language, for which he denied the same, pleaded not guilty and claimed to be tried.

Hence trial proceeded.

05.On behalf of the prosecution, PW1 to PW4 were examined and got marked Ex.P1 to Ex.P5. The learned APP has given up the evidence of LW3 and LW5. Hence the evidence of LW3 and LW5 is closed.

3/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal

06.After completion of the prosecution evidence, the accused was examined

U/Sec.313 of Cr.P.C. with reference to the prosecution evidence appeared against him, for which the accused denied the incriminating evidence and further stated that he went to buy buffaloes. At that time police caught hold of him and seized the amount. He reported no defence evidence.

07. Heard arguments of learned APP for the prosecution and the learned counsel for the accused.

08.Now, the point for determination is as follows:

“Whether the prosecution has established the guilt of the accused for the offence

punishable under section 171-B r/w 171-E of IPC beyond reasonable doubt”?

09.The case of the prosecution, as submitted by the learned A.P.P, in a nutshell is that the accused has violated election model code of conduct by distributing the money to voters. Therefore the accused is liable to be punished for the offence under section 171-B r/w 171-E of IPC.

10.PW1 who is the official witness and who assisted the LW1 testified that, it was

General Election time in the State, on 06.12.2018, on the directions of the SIP,

Dilawarpur, PW1, LW1, LW3 were on patrolling duty at Bansapalli village, at about 2.00 pm, when they were on patrolling duty at Bansapalli village, LW1 received credible information with regard to the distribution of money by one person seeking vote in favour of Congress party at Government School, then immediately, they proceeded to the Government school at Bansapalli village and they found a person. On enquiry, he 4/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal disclosed his name as Aindla Madhu and stated that he is a resident from Borigam village, Sarangapur. On further enquiry, the person is in possession of Rs.22,000/- with 500 denominations total 44 x 500. On further enquiry, the accused confessed that, he is

Congress Party member and he is distributing money to seek a vote in favour of the

Congress Party in the locality, then, the LW1 secured the presence of two witnesses

before whom the LW1 conducted confession cum seizure panchanama and seized

Rs.22,000/- from the possession of the accused under the cover of panchanama in the presence of two witnesses and PW1 and LW3 were also present. After completion of the panchanama, PW1 along with LW1 and LW3 and also accused person went to police station. LW1 lodged a report. Police examined PW1 and recorded his statement on 27.12.2018. PW1 admitted that around 2.00 pm in the afternoon, villagers usually go to work and further admitted that PW1 did not catch hold of the accused while he is distributing the money to any particular person. PW1 testified that no identification was seized to show that the accused is a member of congress party and further testified that the accused himself confessed. The PW1 further admitted that the accused only present at the alleged time and on enquiry he disclosed that he is an agriculturist. The PW1 testified that the area in which the alleged confession cum seizure panchanama conducted was surrounded by houses.

11. PW2 who is the complainant and who conducted confession cum seizure panchanama testified that, during the election time on the directions of the LW6, on 06.12.2018 PW2 and LW3 along with another went to Bansapally village. While they were on patrolling duty they have received credible information that money is being 5/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal distributed in view of local elections, then they proceeded and they caught hold of the person on enquiry they came to know that the money belongs to congress party at that juncture they have secured the presence of 2 witnesses and have seized Rs. 22,000/- from the possession of the person in the presence of two witnesses under the cover of panchanama. Later they proceeded to the police station and lodged a report. Later police examined him and recorded his statement. PW2 further testified that PW2 scribed the complaint. PW2 also testified that while giving the panchanama PW2 lodged the report along with him, two panchas came to the police station. PW2 did not mention the number of the vehicle and he did not take any identity from the person to prove that he is the member of the congress party. The PW2 further testified that, the said person did not disclose the nature of his work and the said person came to the village for purchasing the buffaloes in the locality for agricultural purpose as such PW2 have illegally seized the money in connection with the alleged elections. The PW2 admitted that it is true they did not catch hold the person to whom the said person is distributing the money. The

PW2 further testified that he did not give any duty passport to the LW6.

12. PW3 who is the mediator for confession, recovery and CDF have not supported the case of prosecution and testified that, PW3 do not know anything about this case and at about 6 to 7 years back on one day when PW3 was at his home, the police have obtained his signatures on some papers.

13.PW4 who is the investigation officer testified that, on 06.12.2018 at 15:30 hours,

PW4 received a report from PW2 basing on the report PW4 registered a case in Cr.No.

6/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal 110 of 2018 U/Sec. 171-B r/w 171-E of IPC and took up the investigation. On 06.12.2018 at about 15:30 hours, PW2 along with PW1, LW3 were on duty at

Dilawarpur while they are conducting the patrolling duty at Bansapally village at about 14:00 hours they received information that one person was distributing the money to the voters at that juncture PW1, PW2 and LW3 reached near the school of Bansapally village and found one person by name Ayindla Madhu (Accused) who belongs to

Congress Party distributing the money to the voters as such the accused violated the

MCC rules. In this regard PW2 secured the presence of two panchas, PW3 and LW5

before whom the PW2 conducted the confession cum seizure panchanama and seized

Rs.22,000/- (44x500) from the possession of the accused and PW2 requested PW4 to take necessary action against the accused. After receipt of the report from the PW2,

PW4 made requisition to the Hon'ble Court as the offences are non-cognizable in nature. After attaining the permission from the Hon'ble Court, PW4 proceeded with the investigation, PW4 registered a case in No. 110 of 2018, U/Sec. 171-B r/w 171-E of IPC and took up the investigation. During the course of investigation, PW4 examined and recorded the statement of PW1, 2 and LW3. Later PW4 visited the scene of offfence situated at Bansapally village there PW4 prepared CDF and drawn a rough sketch in the presence of LW5 and PW3. PW4 further testified that, on 28.12.2018, PW4 served 41-A notice to the accused directing him to appear before the Hon'ble Court as and when directed. During the course of further investigation, PW4 deposited the case property of Rs.22,000/- before the Hon'ble Court vide separate CP Number. During the course of investigation and the evidence collected as the part of investigation it was 7/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal established that the accused committed the offence and punishable for the offence U/Sec.

171-B r/w 171-E of IPC. After completion of the investigation, PW4 filed charge sheet against the accused for the offence U/Sec. 171-B r/w 171-E of IPC. PW4 testified that

Ex.P2/report is drafted in police station. PW4 admitted that he have not given any duty passport to the PW1, PW2 and LW3 for conducting election duty at Bansapally village.

PW4 further admitted that he did not produce any GD entry details along with chargesheet and also admitted that he did not record any confessional statement. PW4 further admitted that he did not state the distance from the alleged scene of offence to the house of accused in charge sheet. The PW4 further admitted that he did not seize any

ID cards of the accused and he did not seize any identity card to show that the accused belongs to Congress party. The PW4 admitted that he did not examine any independent witness to prove that the accused is a member of congress party and further admitted that he did not examine any person to prove that the accused is distributing the amount in connection with the elections. PW4 further admitted that he did not go to the scene of offence and he never examined any witnesses in connection with this case.

14.As it could be seen from the above evidence that, the panch witness to the confession and recovery panchanama and CDF i.e., PW3 have not supported the case of prosecution, as such recording of panchanama. Further the prosecution have not examined any of the independent witnesses. The PW1, PW2 and PW4 who are the official witnesses supported the case of prosecution. Though the PW1, PW2 and PW4 supported the case of prosecution, this court cannot relay upon the evidence of PW1,

PW2 and PW4 who are the official witnesses in this case and who are interested in the 8/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal outcome of the case of the prosecution. Further in the evidence adduced by the PW1,

PW2 and PW4 they admitted that they did not collect any identity to prove that the accused belongs to the Congress Party. The prosecution did not get marked the cash that was seized from the Accused. Further the prosecution did not show or examine any person to whom the money was alleged to be given by the accused. As such, due to lack of the evidence, this court do not hesitate to hold that prosecution has miserably failed to prove the guilt of the accused person beyond reasonable doubt.

15.For the reasons stated above and considering the facts and circumstances of the case, the prosecution failed to prove the case for the offence under section 171-B r/w 171-E of IPC against the accused and the accused is entitled for acquittal. Accordingly, the point is answered in favour of accused and against the prosecution.

16. IN THE RESULT, the accused is found not guilty for the offence punishable under section 171-B r/w 171-E of IPC and thus acquitted under Section 255 (1) Cr.P.C.

The bail bonds of the accused if any, shall be in force for a period of six months as required under section 437-A Cr.P.C. The case property deposited vide CP No. 62/2019 i.e., seized net cash of Rs. 44X500= 22,000/- shall be returned to petitioner/owner on proper identification and acknowledgment.

(Typed to my dictation by the Stenographer, corrected and pronounced by me in open Court on this the 06 th day of May, 2026).

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II Addl. Judicial Magistrate of First Class, Nirmal 9/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION : Prosecution Name of Witness Description Witness No.

1. J.Praveen Assisted the LW1

2. S.Srinivas Rao Complainant/Conducted confession and seizure panchanama and seized the cash from the accused

3. Mekala Naresh Mediator for Confession and recovery and CDF

4. J.Ramesh Investigation Officer

FOR DEFENCE :

Defence Name of Witness Description Witness No.

- Nil -

EXHIBITS MARKED

FOR PROSECUTION :

Exhibit No. Description of the Exhibit Proved by/Attested by

1. Signature on confession cum PW3 seizure panchanama

2. Report PW4

3. Permission for investigation PW4

4. FIR PW4

5. CDF along with sketch PW4

FOR DEFENCE :

Exhibit No. Description of the Exhibit Proved by/Attested by - Nil - 10/10 CC No. 598 of 2019 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal

MATERIAL OBJECTS MARKED

Material Description of the Exhibit Proved by/Attested by

Object No.

- Nil -

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II Addl. Judicial Magistrate of First Class Nirmal

IN THE COURT OF THE II ADDL. JUDICIAL MAGISTRATE OF

FIRST CLASS, AT NIRMAL

Present:- Ms. B.C Nikhita

II Addl. Judicial Magistrate of First Class,

Nirmal

Tuesday, this the 05th May, 2026

PRC. No. 19 of 2023

Between:-

The State, through S.H.O, P.S Sarangapur, … Complainant // And //

Abdul Wahed @ Wahid, S/o. Ayyub, Aged about 35 years, Caste:

Muslim, Occ: Coolie, R/o. Swarna village of Sarangapur Mandal.

... Accused

This P.R.C is coming before me for Committal in the presence of

Assistant Public Prosecutor on behalf of the State for the Prosecution and Sri Md. Khaja Advocate for the Accused and having been heard and stood over for consideration till this day, this Court delivered the following :

: : COMMITTAL ORDER : :

1.The Sub-Inspector of Police, PS Sarangapur filed a charge sheet in

Cr. No. 03/2023, PS Sarangapur for the offences punishable U/Sec. 307 of IPC against the Accused.

2.The brief facts of the charge sheet are as follows:

That on 07.01.2023 at 13:45 hrs the complainant/Utla Archana came to PS and lodged a written petition in Telugu in which she stated that on 07.01.2023 at 13:00 hrs one of her villager by name Narayana came to the complainant’s house and informed her that when her father/Utla Rajalingu was watching his mobile at Faizu shop at Swarna, the accused namely Abdul Wahid had beat the complainant’s father with hammer indiscriminately on the head and caused bleeding head injury with an intention to kill the complainant’s father. Immediately complainant’s mother and brother rushed to the spot and shifted the complainant’s father to Govt. Hospital for treatment at Nirmal, meanwhile she came to know that the accused was having doubt about her father alleged to be in an illegal affair with his wife due to which the accused attacked on the complainant's father. Therefore the complainant requested to take necessary action.

Based on the above complaint the LW22 registered a case in Cr.

No. 03/2023, U/Sec. 307 of IPC issued FIR and dispatched to the

Hon’ble court also all concerned officers and took up the investigation.

During the course of investigation the LW22 examined and recorded the detailed statement of LW1 in Part II Case Diary incorporated U/Sec. 161 Cr.P.C. Later the LW22 visited the scene of offence which is situated at Swarna village and caused discreet enquires about the incident where the LW22 examined and recorded the detailed statements of LWs 2 to 5 in Part II Case Diary incorporated

U/Sec. 161 Cr.P.C. Later the LW22 secured the presence of two mediators LWs 15 and 16 drafted the scene of offence in crime detail form before the same mediators. All possible efforts have been made to apprehend the accused but in vain, on enquiry it is came to know that he was absconding from the village since commission of offence to avoid police arrest. On 10.01.2023 during the course of investigation the LW22 along with his staff visited Manorama Hospital Nizamabad where he examined and recorded the detail statements of LW6 injured and LWs. 7 to 11 in Part II Case Diary incorporated U/Sec. 161 Cr.P.C, immediately the LW22 secured the presence of two mediators LWs 17 and 18 and drafted the seizure of blood soaked cloths panchanama and got seized the shirt, Banian and Lungi from the possession of LW6 injured by providing another spare cloths to him by his family members. On 15.01.2023 during the course of further investigation the

LW22 visited the scene of offence, which is situated at the shop of

ShaiK Majju of Swarna village where the LW22 examined and recorded the detailed statements of LWs 12 to 15 in Part II Case Diary incorporated U/Sec.161. Cr.P.C.

During the course of investigation while efforts are in progress, on 08-01-2023 on reliable information, the LW22 along with his staff rushed to the house of accused and apprehended the accused Abdul

Wahed @ Wahid at 06:00 hrs at his house at Swarna village when the accused was in a mood to confess this offence, the LW22 secured the presence of two mediators LWs. 15 & 16 and interrogated him thoroughly. During the course of interrogation, the accused has been confessed this offence committed by him, further he confessed that he eking out his livelihood by doing coolie work at Ponkur village at about 12 years ago his marriage was performed with one Choti bee and he having two children by name 1) Ammen and daughter 2) Ameethi he and his wife residing in the house of Mohammed Masood on rent along with his two children. Thereafter he and his villager Utla Rajalingu become as close friends, during the friendship the LW6 injured (Utla

Rajalingu) used to come to his house, meanwhile he used to talk and watch his wife on seeing the same he warned by abusing him not to watch his wife's side, thereby he used to keep distance between him and LW6 and avoid the friendship with LW6 injured (Rajalingu) after that Rajalingu used to come to the flour mill of LW14 (Vadia Narsiah) by avoiding the house of accused who residing in the house of Mohemmad

Masood on rent frequently and he used to watch towards his house, On seeing his activities by keeping in his mind he addicted to drinking of alcohol and suspected him to be that the LW6 injured (Rajalingu) having illegal contact with his wife, since then he bore grudge and developed enemity over LW6 injured (Rajalingu), then he decided and hatched a pre-plan to see the end of LW6 injured (Rajalingu) at anyway and waiting for opportunity to kill him. On 07-01-23 at about 13:00 hrs when the accused was in his house meanwhile the LW-6 injured (Rajalingu) came to the LW5 (Fayaz's @ Faizu) shop and was sat in front of the shop by watching the cell phone, at that he decided that it is right time to kill him in-turn he took a hammer from the shop of LW12 (Mujju) and went to LW6 injured, where he beat him with hammer on his head from rear side indiscriminately by saying him that why he is watching his wife frequently and caused bleeding head injury with an intention to kill him then the LW6 was fell down on the ground, on seeing him he fled away from there towards forest side by hiding the hammer in his rented house. After prevailing the situation in the village, he came to his house, but he was apprehended by the Police, then he went in to his house and produced the hammer by saying that this was used at the commission of offence that and this is same. Then the LW22 drafted the confession and seizure panchanama before the same mediators and got seized the hammer from the possession and at the instance of accused. The crime weapon particulars are height around 1-1/2 feet having with blood stains. Later the accused was brought to PS at 07:30 hrs and affected his arrest by issuing arrest memos against the accused. The grounds of his arrest were informed to him and his relatives by serving the notice U/Sec. 50 Cr.P.C under proper acknowledgment. Later arrested accused and was sent to Govt.

Hospital Nirmal for his health condition and to issue fitness certificate and Covid-19 report. Later he was produced before the Hon’ble court at

Nirmal for judicial custody.

The LW-21 Medical officer who treated the LW6 primarily and also after his discharge from the Manorama hospital, issued medical certificate and opined that the injuries are grievous in nature caused by blunt weapon.

The LW22 sent the material objects to RFSL Karimnagar on 11-01- 2023 and obtained an experts opinion on 02-04-2023 vide RFSL file

KNR/69/SER/14/23 dated 29-03-2023. The expert opined that

i) Item Nos. 1,2, 3, 4, 5 and 6 are analysed, ii)Item Human blood is detected on item Nos. 1, 3, 4, 5 and 6.

iii)Blood group of blood stains on item Nos. 3, 4, 5 and 6 is of “A” blood group.

iv)Blood group of blood stains on item No.1 could not be determined.

v)Blood is not detected on item No.2 is received as control for item

No.1.

While efforts are in progress today i.e., on 09.01.2023 LW22 sent a requisition letter to conduct the blood test for the victim to corroborate the blood on the clothes and the seized property, after

LW22 received the blood test result it is proved that the blood group of the victim is ‘A’ which is also matching with the RFSL Reports.

3.Heard both sides on the committal of the case.

4.Prima facie, the offence alleged against the Accused U/sec. 307 of IPC is exclusively triable by The Hon’ble Principal District & Sessions

Court, Nirmal. Hence this case is committed to The Hon’ble Principal

District & Sessions Court, Nirmal, U/s.209(a) Cr.P.C.

5.The Accused is on bail. Hence, the Accused is directed to appear

before The Hon’ble Principal District & Sessions Court, Nirmal as per

section 209 (b) Cr.P.C, on receipt of summons.

6.The office is directed to submit the case records, documents and articles if any to The Hon’ble Principal District & Sessions Court, Nirmal forthwith, U/s.209 (c) Cr.P.C.

7.The factum of commitment shall be intimated to the Public

Prosecutor, U/s.209 (d) Cr.P.C.

8.When enquired, Accused stated that he has means to engage counsel in the The Hon’ble Principal District & Sessions Court, Nirmal.

(Typed to dictation directly by my Typist, corrected and pronounced by me in the open Court on this the 05th day of May, 2026)

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II Addl. Judl Magistrate of first Class

Nirmal.

Appendix of Evidence

- NIL -

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II Addl. Judl Magistrate of first Class Nirmal.

IN THE COURT OF THE II ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS

AT NIRMAL

Present:- B.C. Nikhita, II Addl. Judl. Magistrate of First Class, Nirmal

Dated, this the 12 th day of May, 2026

CC.No. 429 of 2020

(Cr. No.78/2020 of Sarangapur PS) Between: The State of Telangana through Sub-Inspector of Police, Police Station Sarangapur. … Prosecution // AND // Talari Anjaiah, S/o. Bhumanna, age: 38 years, Occ: Temporary village Revenue Assistant at Aloor village, R/o. Aloor.

…Accused person

This case is coming for final hearing before me on this day in the presence of Learned Assistant Public Prosecutor for the State and Sri S.Goverdhan and S. Raju, Advocate Counsel for accused person and having stood over for consideration till this day, the Court delivered the following.

J U D G M E N T

01. The Sub-Inspector of Police, Police Station Sarangapur, laid charge sheet in

Cr.No.78 of 2020 against accused person for the offence under Section 290, 323, 458 of

IPC.

02. The brief facts of the charge-sheet are as follows:-

On 06.01.2020 at about 22.30 hours, while the LW1 was sleeping at his home along with LW2 and LW3, meanwhile the accused trespassed into the house of LW1 during night hours after having made preparation for assault on him and knocked the doors roughly and used the criminal force on the LW1 by fisting over his nose and abused him in filthy 2/6 CC No.429 of 2020 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal language and after that the accused dragged the LW1 outside the house and beat the LW1 with hands and kicked with legs indiscriminately. While observing the panic situation, LW2 and LW3 they intervened in the incident in order to protect the LW1 from the clutches of the accused but the accused also beat the LW2 with hands and abused them in filthy language.

Later LW1 went to the police station and lodged the report.

03.Based on the report of LW1, LW11/Investigation Officer registered a case in

Cr.No.78/2020 for the offence U/sec. 290, 323, 458 IPC, issued FIR and took up investigation. During the course of investigation, LW11 examined and recorded the statements of LW1 and sent a requisition to duty medical officer, Nirmal to treat the LW1 and to issue MLC report. Later, LW11 visited the scene of offence, caused enquiry and examined and recorded the statements of LW2 to LW6, besides issue a medical requisition to duty medical officer, Nirmal to treat the LW1 and to issue MLC report. Later drawn rough sketch of scene of offence and drafted rough sketch and CDF in the presence of two mediators i.e., LW8 and LW9 and made efforts to apprehend the accused. During the course of investigation, LW11 on reliable information rushed to the Aloor village and apprehended the accused and interrogated him thoroughly. On interrogation, the accused voluntarily confessed to have committed this offence and brought the accused to PS Sarangapur and affected his arrest by issuing arrest memo. After completion of legal formalities, the accused was produced before the Hon’ble Court for judicial remand and accordingly the Hon’ble

Court has remanded the accused to judicial custody. Later during the course of investigation, the LW11 examined and recorded the statement of LW7. The LW10/Medical certificated who examined and treated the injured persons i.e., LW1 and LW2 issued 3/6 CC No.429 of 2020 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal medical certificates opining that the the LW1 and LW2 have no external injuries. After completion of investigation, LW11 filed the charge-sheet for the offence under Section 290, 323, 458 IPC against accused.

04. This Court has taken cognizance for the offence U/sec. 290, 323, 458 IPC against accused.

05.On the appearance of the accused before the Court, copies of documents were furnished to him as required under section 207 Cr.P.C. The accused was examined under section 239 of Cr.P.C for the offence under section 290, 323, 458 IPC, charges framed and were read over, and explained to him in his vernacular language for which he pleaded not guilty and claimed to be tried.

06. On behalf of the prosecution, PW1 and PW2 were examined and no exhibits were marked on their behalf. The learned APP has given up the evidence of LW1, LW3, LW4,

LW6 to LW11. Hence the evidence of LW1, LW3, LW4, LW6 to LW11 is closed.

07.As there was no incriminating circumstances appearing against the accused in the evidence of the prosecution witnesses, the examination of the accused under Sec.313 Cr.P.C was dispensed with. The accused did not choose to examine any defence witnesses nor mark any documents.

08. Heard arguments of learned APP for the prosecution and the learned counsel for the accused.

09.Now, the point for determination is as follows:

4/6 CC No.429 of 2020 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal

“Whether the prosecution has established the guilt of the accused for the

offence punishable under section 290, 323, 458 IPC beyond reasonable doubt”?

POINT:

10.In a nutshell, it is the prosecution’s case that, the accused trespassed at night into the house of LW1 while LW1 was sleeping along with LW2 and LW3, having made preparation for assault on LW1 and by knocking on the doors roughly and used criminal force on LW1 by fisting over his nose and abused him in filthy language. After that the Accused dragged the LW1 outside the house where the Accused beat LW1 with hands and kicked with legs.

When LW2 and LW3 tried to intervene, the Accused beat them. Therefore Accused is liable to be punished for the offence under section 290, 323, 458 of IPC.

11.PW1 and PW2 who are the eye witnesses to the incident have not supported the case of prosecution and testified that PW1 and PW2 do not know anything about this case. PW1 and PW2 did not witness anything at any point of time. Police neither examined PW1 and

PW2 nor recorded their statement.

12.As PW1 and PW2 recoiled from their previous statement, the learned APP, after obtaining permission, cross-examined them and they categorically denied that they stated as stated in their sec.161 Cr.P.C statements. On careful perusal of oral testimonies of PWs.1 and 2, it manifests that it is quite contradictory to each other. In view of the evidence of

PW1 and PW2, the learned APP has inclined to close the evidence of rest of the witnesses.

13.It is the burden of the prosecution to prove the guilt of the accused beyond reasonable doubt. However, as can be seen, the defacto complainant/victim himself i.e, LW1 did not come to the court and adduce evidence to support the prosecution’s case. The two 5/6 CC No.429 of 2020 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal witnesses that were examined before the court that is PW1 and PW2 also did not support the prosecution’s case. On careful consideration of the entire material available on record, there seems to be no evidence to connect the accused with the above crime. Hence, this

Court holds that the prosecution could not prove the guilt of the accused for the offence punishable under section 290, 323, 458 of IPC beyond reasonable doubt. Hence the point is answered in the favour of accused and against the prosecution.

14. IN THE RESULT, the accused is found not guilty for the offence punishable under section 290, 323, 458 of IPC and thus acquitted under Section 248 (1) of Cr.P.C. The bail bonds of the accused if any, shall be in force for a period of six months as required under section 437-A of Cr.P.C. There is no such thing as case property to pass final orders.

(Typed to my dictation by the Stenographer, corrected and pronounced by me in open Court on this the 12 th day of May, 2026).

II Addl. Judicial Magistrate of First Class, Nirmal

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION : Prosecution Name of Witness Description Witness No.

1. T.Rajesh Eye witness

2. P.Rajendhar Eye witness

FOR DEFENCE :

Defence Name of Witness Description Witness No.

- Nil - 6/6 CC No.429 of 2020 On the file of II Addl. Judicial Magistrate of First Class Court, Nirmal

EXHIBITS MARKED

FOR PROSECUTION :

Exhibit No. Description of the Exhibit Proved by/Attested by - Nil -

FOR DEFENCE :

Exhibit No. Description of the Exhibit Proved by/Attested by - Nil -

MATERIAL OBJECTS MARKED

Material Description of the Exhibit Proved by/Attested by

Object No.

- Nil -

II Addl. Judicial Magistrate of First Class Nirmal

Dt: 05-05-2026

CC/696/20241 / 1

TSNR020022712024

IN THE COURT OF THE II Addl. Junior Civil Judge-

cum-II Addl. Judl. Magistrate of First Class:

Present: II Addl. Junior Civil Judge-cum-II Addl. Judl. Magistrate of First Class, Tuesday, this the 05th day of May, 2026

CC/696/2024

Between:

Sarangapur

Address: Sarangapur (NIRMAL) Nirmal Rural Circle Igp, Warangal Region

Nirmal

… Plaintiff/Petitioner

AND

Jambula Aliyas Madhanaboyina Mahendhar

Address: 1-54Yakarpally Village,Yakarpalle,Yakarpally

Village,Sarangapur,NIRMAL,TELANGANA

2:Chandrashekar Mekala

Age: 40

Occupation :

0-02Yakarpelly village

Yakarpalle

Yakarpelly village

Sarangapur

NIRMAL

TELANGANA

… Defendent/Respondent

Dt: 05-05-2026

CC/696/20241 / 1

This (case type) having come before me for hearing today, having heard and considered the record, this court delivered the following :

ORDER

The LW1/Complainant/Baikam Bhojanna, LW6/Injured/Baikam Sai Charan and Accused No.1 and Accused No. 2 are present. LW1, LW6 came forward voluntarily to compound the matter in the presence of Accused No.1 and Accused No. 2. The Ld.APP filed petition U/Sec. 321 of Cr.P.C to withdraw the section 180, 196, 181 of MV Act and same is allowed. The Ld.APP filed this petition along with joint memo U/Sec. 359(2) of BNSS and praying Hon’ble Court to permit the parties as they have compromised the case out side the court. On considering the same, the parties are permitted to compound the offence. Heard LW1, LW6 and Accused No.1 and Accused No. 2 and Ld.APP. The LW1, LW6 are identified by the PC. 3437 of PS. Sarangapur and LW1, LW6 have filed copies of Aadhar Card. The case was taken cognizance for the offence punishable U/Sec. 125(b) of BNS and U/Sec. 181 of MV Act against Accused No.1 for the offence punishable U/Sec. 180, 196 of MV Act. Since the section 180, 181 and 196 of MV Act are withdrawn by the prosecution and the offence punishable U/Sec. 125(b) of BNS is compoundable in nature. Hence, the parties are permitted to compound the offence and the matter is referred to Lok Adalath. The LW1/Complainant/Baikam Bhojanna, LW6/Injured/Baikam Sai Charan and Accused No.1 and Accused No. 2 are present and PC. 3437 of PS. Sarangapur are present and the LW1, LW6 came forward voluntarily to compound the case in the presence of Accused No.1 and Accused No.2. Since LW1, LW6 came voluntarily without any terms to compound the matter for the offence punishable U/Sec. 125(b) of BNS. In view of the above facts and circumstances, the compromise is recorded and award is passed and the Accused No.1 and Accused No. 2 are acquitted U/Sec. 359(8) of BNSS for the offence U/Sec. 125(b) of BNS.

This Order Generated in Case Information System (CIS) on 05-05-2026

sd/-

II Addl. Junior Civil Judge- cum-II Addl. Judl. Magistrate of First Class (Visit ecourts.gov.in for updates or download mobile app “eCourts Services” from Android or iOS)

Dt: 01-05-2026

CC/778/20251 / 1

TSNR020009412025

IN THE COURT OF THE II Addl. Junior Civil Judge-

cum-II Addl. Judl. Magistrate of First Class:

Present: II Addl. Junior Civil Judge-cum-II Addl. Judl. Magistrate of First Class, Friday, this the 01st day of May, 2026

CC/778/2025

Between:

SHO PS SARANGAPUR

Address: Sarangapur (NIRMAL) Nirmal Rural Circle Igp, Warangal Region Nirmal … Plaintiff/Petitioner AND

Chintam Bhumesh Address: H.No.1-50 Suddepalle village , Suddepalle,Suddepalle village , Dichpally,NIZAMABAD,TELANGANA … Defendent/Respondent

This (case type) having come before me for hearing today, having heard and considered the record, this court delivered the following :

ORDER

Dt: 01-05-2026

CC/778/20251 / 1

Accused called present. Lw1/complainant/Rathod Kranthi Kumar, LW2/injured/Rathod Dinesh, LW3/injured/Rathod Lavanya are present. SArangapur Police Station Court constable is present. Lw1 to LW3 stated in the petition that they intends to compromise the case with the accused person. Heard, on both sides. Lw1/complainant/Rathod Kranthi Kumar, LW2/injured/Rathod Dinesh, LW3/injured/Rathod Lavanya and accused are called present and they are identified by PC 3437 of PS Sarangapur on filling joint memo with a request to refer the matter to the Lok Adalath bench. Petition u/Sec.321 Cr.P.C is filed by the learned APP to withdrawal Sec.196 of MV Act and the said petition is allowed and matter is referred to the Lok Adalath Bench for settlement. Lok Adalath Bench: The LW1/complainant/Rathod Kranthi Kumar, LW2/injured/Rathod Dinesh, LW3/injured/Rathod Lavanya and Accused are present and they are identified by PC.No.3437 of PS Sarangapur and they reported that they settled the matter outside the Court. The Compromise is recorded and award is passed by acquitting the Accused under section 359(8) BNSS., for the offences u/sec.125(b) of BNS.

This Order Generated in Case Information System (CIS) on 01-05-2026

sd/-

II Addl. Junior Civil Judge- cum-II Addl. Judl. Magistrate of First Class (Visit ecourts.gov.in for updates or download mobile app “eCourts Services” from Android or iOS)