IN THE COURT OF PRL.JUNIOR CIVIL JUDGE, GUDUR
FAC JUDICIAL MAGISTRATE OF I CLASS: KOTA.
PRESENT : Smt. B.Gayathri.,
Principal Junior Civil Judge, Gudur,
FAC:Judicial Magistrate of I Class, Kota .
This the Thursday Twenty Fourth Day (24 th ) Day of June Two
Thousand Twenty One.
CRIME NO. 121 of 2020
IN
CALENDAR CASE. NO.59 of 2021
Between :
The Sub-Inspector of Police Chittamur Police Station. …Complainant.
-Versus-
A1- Yanamala Chenchaiah S/o Polaiah, age 38 Years, Residents of Shiridi Sai Baba Nagar, Rapur Village and Mandal.
A2- Ega Subbarayudu S/o Subbaiah , age 20 Years
A3- Ponnuru Venkataiah, S/o Chellaiah, age 20 Years
A2 and A3 are residents of Shiridi Sai Baba Nagar, Rapur Village and Mandal, Now at Thupilipalem Village of Vakadu Mandal, Caste by ST- Challa Yanadi
..Accused
This case is coming up for final hearing on 24-06-2021 before me in the presence of accused through blue jeans from Central Prison and
before Legal Aid Counsel on behalf of the accused having stood over for
consideration and having perused the material and other circumstances available on record, till this day, this Court delivered the following: -
// J U D G M E N T //
1. The Sub-Inspector of Police, Chittamur Police Station., filed charge sheet against the accused for the offences punishable under section 457 and 380 or 411 of Indian Penal Code in Crime No.121 of 2020 of Chittamur
Police Station, with the following allegations:
On intervening night of 29/30-07-2020 in between 8 PM and 05-30 Am at Sri Valli Devasena Sametha Subramanyam Swamy Temple, Aravapalem
Village, Chittamur Mandal, where in, some unknown offenders entered into temple and broke opened locks of the Hundi and took Ammavari Mangala 2
Suthralu worth of Rs 5000/- and , stolen Hundi cash of 10,000/- and escaped with booty in their absence. Basing on the report given by
Lw.1/C.Sai Kumar Sarma, on 30-07-2020 at 11 AM (Lw.10),Head Constable,
T.Ramesh Babu , Chittamur P.S registered a case in Crime No.121 of 2020 under sections 457, 380 of IPC. He investigated the matter and inspected the scene of offence and examined the witnesses. On 08-01-2021 at 6 PM at Kota Cross road on NH 16 , L.W.11/ M.Bobi S.I of Police, Chillakur P.S arrested the accused in the presence of L.W.8 /Shaik Jameer Basha and
L.W.9/B.Narendra Kumar. They admitted the offence and gave their confession statements in the presence of mediators and recovered two mangala Sutras in the presence of mediators. Later the accused were produced accused NO.1 to 3 on execution of P.T.Warrant on 25-01-2021.
After completion of investigation, Lw.12/K.Kishore Babu , Sub-Inspector of
Police, Chittamur Police Station, filed charge sheet.
2. On 22-06-2021 this Court took cognizance of case against Accused for the offences punishable under section 457, 380 or 411 of IPC and numbered as Calender case No.59 of 2021.
3. In view of pandemic situation this court on 24-06-2021 accused were produced through Blue Jeans from Central Prison, Nellore. This court supplied copies to the accused as contemplated under section 207 of
Cr.P.C. Accused reported that they committed the offence and they were lodged in jail since 1 year and requested to conduct examination as he is having small children and wife. Considering his plea I was inclined to conduct the examination under section 239 of Criminal Procedure Code and charges under section 454 and 380 of Indian Penal Code of Indian Penal
Code were framed against them. The same were read over and explained to them in Telugu, for which they voluntarily admitted the guilt for offences punishable under section 457, 380 of Indian Penal Code.
3
4.On questioning, they stated that the said admission are voluntary and free of coercion. They also filed a written memo to that effect. Hence, the court is satisfied that Accused admitted the guilt voluntarily.
5.Therefore, accused are found guilty for the offence punishable under sections 457, 380 of Indian Penal Code and they were convicted for the said offences under section 241 of Criminal Procedure Code.
Typed by me on Office Computer, corrected and pronounced by me in through blue jeans in view of pandemic situation, this the 24th Day of June 2021.
Sd/B.Gayathri,
PRINCIPAL JUNIOR CIVIL JUDGE,
FAC: JUDICIAL MAGISTRATE
OF I CLASS, KOTA.
6.When questioned about the quantum of Sentence through Blue Jeans ,
Accused pleaded mercy stating that they will keep good behavior in future and prayed to set off the remand period.
On considering the submissions of Accused and the circumstances of the case, this court is of the view that it is not a fit case to apply the provisions of A.P.Probation of Offenders Act. However, Accused admitted their guilt at the initial stage of the crime, and also all the accused are young age , this court is inclined to take a balanced view in imposing the sentence.
7.Therefore, Accused No.1 to 3 shall be sentenced to suffer simple imprisonment for a period of 6 Months and also sentenced to pay a fine of
Rs.100/- in default to suffer simple imprisonment for 7 days each for the offence punishable under section 457 of Indian Penal Code. The accused are further sentenced to undergo Simple Imprisonment for a period of six months and also sentenced to pay a fine of Rs.100/-each in default to suffer simple imprisonment for 7 days each for the offence punishable under section 380 of Indian Penal Code. Both the sentences shall run concurrently.
Each accused has to pay Rs. 200/ each. The sentences awarded in this 4 case and sentence awarded in C.C.No.58/2021 of Chittamur P.S shall also run concurrently. The detention period of accused (i.e from 03-02-2021 to till date shall be given set off under section 428 of Criminal Procedure Code against their sentence of imprisonment. If the accused failed to pay the fine amount of Rs. 200/- each. They shall undergo Simple imprisonment of 14
Days which run consecutively after sentence awarded to them. The property returned to defacto complainant C.Sai Kumar Sharma vide Crl.M.P.No 61 of 2021 shall holds good after expiry of appeal time.
8.The accused are informed of his right to file appeal against the
Calendar and Judgment of this Court. When they asked about their means to prefer an appeal, they stated that they are having means to engage a legal counsel and they does not need legal aid and informed that they committed an offence.
Typed by me on Office Computer, corrected and pronounced by me in through blue jeans in view of pandemic situation, this the 24th Day of June 2021.
Sd/B.Gayathri,
PRINCIPAL JUNIOR CIVIL JUDGE,
FAC: JUDICIAL MAGISTRATE
OF I CLASS, KOTA.
//APPENDIX OF EVIDENCE//
-NIL-
Sd/B.Gayathri, P.J.C.J FAC: J.M.F.C.,KOTA
//TRUE COPY//
JUDL. MAGISTRATE OF I CLASS, KOTA.
5 6
CALENDAR AND JUDGMENT
IN THE COURT OF JUDICAL MAGISTRATE OF I CLASS ::
KOTA.
CALENDAR CASE. NO.
1. Date of Offence :
2. Date of Report :
3. Date of taken on file :
4. Date of apprehension of accused :
5. Date of release of accused on bail : In Judicial Custody.
6. Date of commencement of trial : ---
7. Date of close of trial : ---
8. Date of Judgment :
9. Complainant : The Sub-Inspector of Police, Chittamur Police Station.
10. Accused :
Pasupuleti Anand @ Kathula Anand, S/o Venkateswarulu @ Narthi Srinivasulu Age 22 Years, Caste Mondi Banda R/o Shivaji Nagar
11. Offence : U/s.454, 380 of I.P.C.
12. Plea of Accused: Pleaded guilty.
13. Finding of Court: Found guilty.
14. Sentence : In the result, accused is found guilty for the offence punishable under section 457, 380 of Indian Penal Code and he is convicted for the said offence under section 241 of Criminal Procedure Code. When questioned about the quantum of Sentence through Blue Jeans , Accused pleaded mercy stating that he will keep good behavior in future and prayed to set off the remand period. On considering the submissions of Accused and the circumstances of the case, this court is of the view that it is not a fit case to apply the provisions of A.P.Probation of Offenders Act. However, Accused admitted his guilt at the initial stage of the crime, this court is inclined to take a balanced view in imposing the sentence. Therefore, Accused sentenced to suffer simple imprisonment for a period of one Year and also sentenced to pay a fine of Rs.100/- in default to suffer simple imprisonment for 7 days each, for the offence punishable under section 454 of Indian Penal Code. The accused Accused is further sentenced to undergo Simple Imprisonment for a period of one year and also sentenced to pay a fine of Rs.100/-each in default to suffer simple imprisonment for 7 days each, for the offence punishable under section 380 of Indian Penal Code. Both the sentences shall run concurrently. The detention period of accused (i.e from 26-05-2020 to till date shall be given set off under section 428 of Criminal Procedure Code against their sentence of imprisonment. The property returned to defacto complainant Edupudi Polaiah vide Crl.M.P.No /2021 shall holds good after expiry of appeal time 7
15. Explanation for the delay : The case was taken on file U/sec.454, 380 or 411 of IPC against Accused on 22-06-2021 and numbered as C.C.No.
On 24-06-2021 due to pandemic situation since several adjournments accused were not produced from central prision , Nellore and hence they were examined through blue jeans under section 239 of Cr.P.C and they voluntarily admitted the offence punishable under section 454, 380 or 411 of IPC and the plea of accused is found voluntarily. Hence, they are convicted under section 241 of Cr.P.C.
PRINCIPAL JUNIOR CIVIL JUDGE,
GUDUR FAC:ADDITIONAL JUDICIAL MAGISTRATE
OF I CLASS, K OTA