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C.C.No.95 of 2026 1
APSR130005162026
IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS,
PONDURU
Present: Smt. B. Jyotsna, Judicial Magistrate of I Class, Ponduru
Frida y this the 15 th day of May’ 2026
C.C.No.95 of 2026
Between: State Represented by Sub-Inspector of Police, Ponduru P.S, Srikakulam District, A.P.
… Complainant A n d: Avanapu Appalaswamy @ Billa, S/o Late Krishna, age 27 years, Nagavamsam by caste, Raja Street, Jarajapeta village, Nelimarla Mandal, Vizianagaram District.
… Accused
This case came up on 13.05.2025 for final hearing before me in the presence of learned incharge Asst. PP for complainant-State and Sri.K.Krishna Rao, Advocate for the accused. Upon hearing both sides and basing on the material on record, this court delivered the following:
J U D G M E N T
01. The Sub-Inspector of Police, Ponduru P.S, Srikakulam District filed charge sheet in crime nos.135/2026 and 136/2025against the accused for the offences punishable under sections 331(4) and 305(a) of Bharatiya
Nyaya Sanhita, 2023 (hereinafter in short referred as BNS).
02. Brief facts of the case of prosecution that on 05.12.2025 at early hours 04.00 hrs, L.W.1/Etcherla Paidi Raju’s neighbors i.e. L.W.4 and L.W.6
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C.C.No.95 of 2026 2 called him and informed that some unknown offenders have entered into his house and committed theft, later he came and verified in the house and found (1) Gold Small Rings (05)-1/4 tulas, (2) Gold Murugulu-1/4 tulas, (3)
Silver Waist thread-7 tulas, total worth of Rs.30,000/- are being theft. Again on the same day i.e. 05.12.2025 at 07.30 hrs L.W.2/Madugula Lakshmi’s cousin sister L.W.8 called her and informed that some of the unknown offenders have broke the lock and entered, then after she immediately came home and found silver ornaments were stolen by some unknown offenders.
03. Basing on the report of L.W.1, L.W.17/V.Satyanarayana, SI of Ponduru
P.S registered a case in Cr.No.135/2025 for the offences punishable under sections 331(4), 305 of Bharatiya Nyaya Sanhita. L.W.17 during investigation he examined five witnesses and recorded their statements and drafted rough sketch of the scene of offence. Basing on the report of
L.W.2, L.W.16/K.Ramana, HC-458 registered a case in Cr.No.136/2025 for the offences punishable under sections 331(4), 305 of Bharatiya Nyaya
Sanhita. L.W.16 during investigation he examined examined five witnesses and recorded their statements and drafted rough sketch of the scene of offence duly attested by L.W.12 and L.W.13. On 14.12.2025 at 20.30 hrs, the accused was arrested and recorded his confessional statement in the presence of mediators L.W.14 and L.W.15 on 15.12.2025 at 08.00 hrs and recovered the property from the accused in the presence of mediators
L.W.14 and L.W.15. Then on 15.12.2025, L.W.17 produced the accused
before this Court and sent him to judicial remand in both crimes. On
25.12.2025 at 11.00 hrs, test identification parade of gold and silver ornaments was conducted with L.W.1 in Cr.No.135/2025 under sections 331(4), 305 of BNS in the presence of L.W.14 and L.W.15 and on the same
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C.C.No.95 of 2026 3 day at 12.30 hrs, test identification of Silver Ornaments was conducted with
L.W.2 in Cr.No.136/2025 for the offences punishable under sections 331(4), 305 of BNS and took the signatures of L.W.1 and L.W.2 in both crimes. After completion of investigation L.W.17 filed charge sheet for the offences punishable under sections 331(4), 305 of BNS in both the crimes against the accused. Hence the case.
04. This court took cognizance for the offences punishable under sections 331(4) and 305 of Bharatiya Nyaya Sanhita, 2023 against the accused in crime nos.135/2026 and 136/2025. After appearance of the accused before this court during judicial custody, copies of case documents are furnished to him as per section 230 of Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter in short referred as BNSS).
05. Accused was examined under section 263 of BNSS and framed charges for the offences punishable under sections 331(4), 305 and 317(2) of Bharatiya Nyaya Sanhita. The contents of charges are read over and explained to him in Telugu language for which he pleaded not guilty and claimed to be tried.
06. To prove the case, the prosecution examined P.W.1 to P.W.10. Exs.P1 to Ex.P11 and M.O.1 to M.O.16 are marked. L.W.3/Etcherla Sailaja,
L.W.5/Etcherla Raja Sekhar, L.W.6/Boddu Dileep, L.W.7/Madugula Siva
Krishna, L.W.11/Killana Baburao and L.W.13/Karimekala Umasankar,
L.W.15/Pitta Asirayya are given up by learned A.PP. After closure of the prosecution evidence, the accused was examined under section 351 of
BNSS. The incriminating material on record was read over and explained
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C.C.No.95 of 2026 4 to him in Telugu language. After understood the same, he denied and did not choose to let either oral or documentary evidence on his behalf.
07. After trial, heard learned A.P.P. and learned defense counsel. The learned Assistant Public Prosecutor argued that the sections 331(4), 305 and 317(2) of BNS are clearly proved by the prosecution witnesses. He ar- gued that stolen properties in both the crimes are recovered from the ac- cused in presence of mediators. He argued that all the witnesses made consistent statement against the accused, so the accused shall be pun- ished for the same. On the other hand, the learned defence counsel argued that accused did not commit any offence and he is falsely implicated in this case to close the pending crimes. He argued that the mediators are stock mediators who deposed in many cases for prosecution. Thus, owing to several material contradictions as to securing mediators and visiting the scene for arrest of the accused are inconsistent by the evidence of media- tor, further about the confession of the accused he argued that it was not voluntarily. Thus the learned counsel for accused argued that the case of prosecution, is said to be not proved, so the accused cannot be convicted in this case. Thus he argued to let off the accused by extending benefit of doubt.
08. Now the points for determination are:
(1)Whether the prosecution proved the guilt of the accused that he gain entry into the houses of P.W.1 and P.W.3 in night hours and committed theft of stolen properties belong to them, which is an offence punishable under section 331(4) of BNS beyond all reasonable doubt ?
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C.C.No.95 of 2026 5 (2)Whether the prosecution proved the guilt of the accused that he committed theft of stolen properties belong to P.W.1 and P.W.3 in their houses, which is an offence punishable under section 305 (a) of BNS beyond all reasonable doubt ?
(3)Whether the prosecution proved the guilt of the accused that he was found with stolen properties which belong to P.W.1 and P.W.3, which is an offence punishable under section 317(2) of BNS beyond all reasonable doubt ?
09. In this case, prosecution cited seventeen witnesses, ten witnesses are examined, L.W.1/Etcherla Paidi Raju, defacto complainant in
Cr.no.135/2025 and L.W.2/Madugula lakshmi, defacto complainant
Cr.no.136/2025 are examined as P.W.1 and P.W.3. The other witnesses
L.W.4/Savalapurapu Shyamala Rao, L.W.8/Madugula Ramakumari,
L.W.9/Dunna Ramakrishna and L.W.10/Madugula Bharathi are examined as P.W.2, P.W.4 to P.W.6. The mediators L.W.12/Savalapurapu Prasanth and L.W.14/Mogadala Sankara Rao are examined as P.W.7 and P.W.8. The investigation officers L.W.16/K.Ramana and L.W.17/V.Satyanarayana, SI of police, Ponduru P.S. are examined as P.W.9 and P.W.10. Ex.P1: Report of
P.W.1, dated 05.12.2025. Ex.P2: Report of P.W.3, dated 05.12.2025.
Ex.P3: Scene observation report at 10.00 hours dated 05.12.2025. Ex.P4:
Scene observation report at 11.00 hours dated 05.12.2025. Ex.P5:
Confession statement of the accused dated 14.12.2025. Ex.P6: Theft property seizure report dated 15.12.2025. Ex.P7: Original FIR in Cr.No.
136/2025 dated 05.12.2025. Ex.P8: Original FIR in Cr.No. 135/2025 dated 05.12.2025. Ex.P9: Rough sketch in Cr.No.135/2025 dated 05.12.2025.
Ex.P10: Test Identification of properties in Cr.No.135/2025 dated 25.12.2025. Ex.P11: Test Identification of properties in Cr.No.136/2025
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C.C.No.95 of 2026 6
dated 25.12.2025. The material objects, M.O.1: Gold Small rings-5, M.O.2:
Gold Murugulu-2, M.O.3: Silver waist thread, M.O.4: Silver big plate-1,
M.O.5: Small plates-4, M.O.6: Silver Vinayaka Idols-1, M.O.7: Silver
Deepam Kundulu-3, M.O.8: Silver Chembulu-2, M.O.9: Silver Glasses-2,
M.O.10: Panchapatra gariti-1, M.O.11: Silver Small barini-1, M.O.12: Silver small Vinayaka Idols-1, M.O.13: Screw driver, M.O.14: Iron rod, M.O.15:
Lock seized in Cr.No.135/2025 dated 05.12.2025. M.O.16: Lock seized in
Cr.No.136/2025 dated 05.12.2025. The other witnesses L.W.3/Etcherla
Sailaja, L.W.5/Etcherla Raja Sekhar, L.W.6/Boddu Dileep, L.W.7/Madugula
Siva Krishna, L.W.11/Killana Baburao and L.W.13/Karimekala Umasankar,
L.W.15/Pitta Asirayya are given up by learned A.PP.
10. The evidence on record shows that P.W.1/Etcherla Paidiraju and
P.W.3/Madugula Laxmi are the persons in whose houses the theft took place. P.W.1/Etcherla Paidiraju deposed that on 04.12.2025 he went to
Vizag to attend his family function and he locked the house and the keys are handover to Savalapurapu Laxmi. He deposed that on the early hours i.e. at 02.00 am of 04.12.2025, he received phone call from
L.W.4/P.W.2 and L.W.6 that his house door was broken and lights are switch on. He further deposed that both the iron cupboards are locks are broken. P.W.1 further deposed that all the items are in pell-mell condition and on the bed. He further deposed that on 05.12.2025 in the morning hours he gave report to police. P.W.1 further deposed that the items which are been theft are Gold small rings-4, Gold murugulu-2 and Silver
Waist thread and cash of Rs.10,000/-. He deposed that police examined him on his report and recorded his statement. P.W.1 further deposed that on 25.12.2025 police informed him that the articles are found and called him to come to the Nehru Park, Market Road, Ponduru. He further
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C.C.No.95 of 2026 7 deposed that in his presence, the theft articles and other articles are placed, he identified all his articles and that report was drafted and he signed on it. He further deposed that he received the property through
Court. The report of P.W.1 dated 05.12.2025 marked as Ex.P1 and the material objects Small Gold rings, Gold murugulu-2, Silver Waist thread are marked as M.O.1 to M.O.3.In cross examination, P.W.1 deposed that he mentioned the details of property missing including the cash of
Rs.10,000/- but he did not submit the bills in respect of Gold and Silver articles. He deposed that he do not know how the theft took place. He admitted that he received the theft property. P.W.1 denied the suggestion that he do not know the contents of his report.
11. P.W.3/Madugula Laxmi deposed that for about six months back, she went to admit her husband in the Medicover hospital, Visakhapatnam for his treatment. She deposed that she came to know from her co-sister/L.W.8/P.W.4 that theft took place in her house and when she visited her house, she found all the things in pell-mell condition and on the bed. She further deposed that immediately she gave report to police.
P.W.3 deposed the items which are been theft: Silver big plate-1, Small plates-4, Silver Vinayaka Idols-1, Silver Deepam Kundulu-3, Silver
Chembulu-2, Silver Glasses-2, Panchapatra gariti-1, Silver Small barini- 1 and Silver small Vinayaka Idols-1 and further cash of Rs.1,00,000/- are found missing. She deposed that police examined her on her report and recorded her statement. She further deposed that after three months of her report, police informed her that the articles are found and called her to come to Police station. She identified her properties. She deposed that thereafter she received the property through Court. The report of
P.W.3 dated 05.12.2025 marked as Ex.P2. The material objects: Silver
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C.C.No.95 of 2026 8 big plate-1, Small plates-4, Silver Vinayaka Idols-1, Silver Deepam
Kundulu-3, Silver Chembulu-2, Silver Glasses-2, Panchapatra gariti-1,
Silver Small barini-1 and Silver small Vinayaka Idols-1 are marked as
M.O.4 to M.O.12. In cross examination, P.W.3 deposed that she did not mentioned the descriptive particulars of theft property in her report and also theft of cash. P.W.3 further deposed that she did not submit the bills in respect of Silver articles.
12. The other witnesses examined by prosecution are the person relate to both the defacto-complainants, for P.W.1, P.W.2/Savalapurapu Sya- malarao, deposed that he knows P.W.1 and L.W.3. He deposed that on 04.12.2025 midnight i.e. early hours of 05.12.2025 at about 03.00, 03.30 he came to know that theft took place in Gandhinagar-2. The theft took place in his brother-in-law’s house i.e. P.W.1, the doors are broken. He further deposed that he telephoned to P.W.1 and informed the same and that P.W.1 came and also police came. P.W.2 further deposed that the items i.e. Gold small rings, Gold murugulu, Silver Waist thread and cash are found missing. He deposed that police examined him and recorded his statement. In cross examination, P.W.2 deposed that through her mother-in-law, he came to know about theft took place. He deposed that he saw the main doors are opened when he along with L.W.6 went to visit the house of P.W.1. P.W.2 deposed that he do not know the number of items and also the weight of items and he deposed that he do not know how the theft took place. P.W.2 deposed that P.W.1 is his own brother-in-law.
13. For P.W.3, P.W.4 to P.W.6 have deposed evidence. In which
P.W.4/Madugula Ramakumari deposed that P.W.3 is her co-sister. She deposed that for about five to six months back, her brother-in-law was
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C.C.No.95 of 2026 9 admitted in hospital, at that time the house doors of P.W.3 was opened.
She further deposed that then she thought that her brother-in-law/
P.W.3’s husband was brought home. P.W.4 further deposed that she went to the house and she observed the doors are opened and she seen that the condition of the house was in pell-mell condition. She deposed that in this case police examined her and recorded her statement. In cross examination P.W.4 deposed that she do not know from when the doors are opened but she know the that door was opened. P.W.4 denied that she do not know the case facts and deposing false evidence in or- der to help P.W.3. The other witnesses oral evidence are in common, the testimonies of P.W.5/Dunna Ramakrishna and P.W.6/Madugula Bharati are that they deposed that on 05.12.2025 at about 07.30 to 08.00 am, they came to know from the persons in the street that theft took place in
Gandhinagar starting were some persons have gathered in the street.
Both the witnesses deposed that in this case police examined them and recorded their statement. .In cross examination they deposed that P.W.3 is residing in the same street and that though police examined them, they do not know the contents recorded by police. Both the witnesses denied the suggestions of the accused in the other part of their cross-ex- amination that they do not know the case facts and deposing false evi- dence in order to help P.W.3.
14. The other witnesses are L.W.12 and L.W.14 who are two mediators ex- amined as P.W.7 and P.W.8. In P.W.7 examination-in-chief, P.W.7/Savala- purapu Prasanth, deposed that in this case police called him to act as me- diator in two crimes. He deposed that in the month of December, 2025 they went to Gandhinagar-2 of Ponduru village, in their presence police ob- served the scene and drafted report. He deposed that he signed on the
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C.C.No.95 of 2026 10 scene observation report. He further deposed that L.W.13 was also present and he signed along with him on the report. P.W.7 further deposed that again at 11.00 hrs they went to another scene of offence i.e. Gandhinagar-I of Ponduru village. He deposed that in his presence, police observed the scene and drafted report. He further deposed that he and L.W.13 signed on the scene observation report. P.W.7 identified his signatures on two scene observation reports. The scene observation report at 10.00 hrs
dated 05.12.2025 and scene observation report at 11.00 hrs dated
05.12.2025 are marked as Ex.P3 and Ex.P4. In cross examination of
P.W.7 denied the suggestions of accused. But he deposed that he do not know the exact time when the report was drafted and concluded, how many pages Ex.P3 and Ex.P4 contain and how many persons signed on
Ex.P3 and Ex.P4. The another mediator P.W.8/Mogadala Sankara Rao, deposed that on 14.12.2025 in the evening hours at about 06.30 pm, he received phone call from the SI of police to attend him at the police station.
He deposed that in theft case, police asked him to act as mediator. He fur- ther deposed that he along with L.W.15 and police went to Ponduru bus stand. They found one person in suspicious condition. P.W.8 further de- posed that the accused escaped on seeing them were the police caught hold the person and enquired. He deposed that the accused stated his name as Avanapu Appalaswamy and he is resident of Nellimarla of
Vizianagaram District. He further deposed that on further enquiry accused stated that previously he committed two thefts and that he again came to commit theft in the Ponduru village. P.W.8 further deposed that on further enquiry the accused was having a bag, when the bag was opened in their presence they found screwdriver and one iron rod. The accused stated that the said property was used for breaking the locks. He further deposed that the accused confessed about the commission of two crimes of Ponduru
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C.C.No.95 of 2026 11
P.S. the accused also stated that the theft articles are in his house. He fur- ther deposed that report was drafted by recording the confession state- ment of the accused. P.W.8 further deposed that on the next date i.e. on 15.12.2025 in the morning hours 08.00 am, the accused took them to his house situated at Nellimarla. He deposed that in his house, he brought two polythene covers in which, in one cover small Gold rings, Gold murugulu and one Silver waist thread and in another polythene cover, Silver items which are Silver plates, Deepam Kundulu, Barini, Siver glasses, Panchap- atra and Garita. He deposed that in their presence the said property was seized and report was drafted and police obtained their signatures. P.W.8 identified the accused who is standing in the accused box as the same per- son who was found at the time of arrest and the proceedings under Ex.P5 and Ex.P6. Confession statement of the accused dated 14.12.2025 and
Theft property seizure report dated 15.12.2025 are marked as Ex.P5 and
Ex.P6. The material objects Screwdriver and Iron rod are marked as
M.O.13 and M.O.14. In cross examination of P.W.8, witness deposed that at 07.00 p.m. they went to bus stand and that SI of police caught hold the accused. He deposed that Ex.P5 was drafted at bus stand and he read the
Ex.P5. The other part of cross examination of P.W.8, he denied the sug- gestions of accused put to him.
15. The investigation officers P.W.9 and P.W.10 deposed about their in- vestigation. P.W.9/K.Ramana, HC-458 of Ponduru P.S., deposed that in this case on 05.12.2025 at about 10.30 hrs, P.W.3 came to police station and gave written report. Basing on it he registered FIR in
Cr.No.136/2025 under sections 331(4) and 305 of BNS. He deposed that at the same time, he examined P.W.3 and recorded her statement.
P.W.9 deposed that thereafter he went to scene of offence i.e. Gandhi-
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C.C.No.95 of 2026 12 nagar-1 of Ponduru, he examined L.W.7 to L.W.10 and recorded their statements. He deposed that he photograph the scene of offence, ob- served the scene in presence of mediators P.W.7 and L.W.13 and drafted scene observation report. He deposed that he seized lock under the scene observation report. Original FIR in Cr.No.136/2025 dated 05.12.2025 marked as Ex.P7. Lock in Cr.No.136/2025 marked as
M.O.15. He deposed that further investigation was conducted by
L.W.17. In cross examination P.W.9, he deposed that at the entrance of
Gandhinagar is the place of offence. He deposed that he did not obtain the properties bills from P.W.3. He deposed that M.O.15/Lock is an open lock and not a broken lock. The other part of cross examination of
P.W.9, he denied the suggestions put to him by the accused. L.W.17 ex- amined as P.W.10/V.Satyanarayana, SI of Police, Ponduru PS, deposed that in this case on 05.12.2025 at about 09.00 am, P.W.1 came to police station and gave written report. Basing on it, he registered FIR in
Cr.No.135/2025 under sections 331(4) and 305 of BNS, at the same time he examined P.W.1 and L.W.3 and recorded their statements. He deposed that thereafter he went to scene of offence i.e. Gandhinagar-2 of Ponduru along with mediators, he examined L.W.3 to L.W.5 and recorded their statements. He deposed that he photograph the scene of offence, observed the scene in presence of mediators P.W.7 and L.W.13 and drafted scene observation report. He prepared rough sketch, he seized lock under the scene observation report. P.W.10 further deposed that on 14.12.2025 on his credible information, he secured mediators
P.W.8 and L.W.15, with the mediators and his police staff, they went to the RTC bus stand of Ponduru and found one person in suspicious con- dition, the said person i.e. the accused escaped from seeing them. He deposed that they caught hold the accused and enquired. The accused
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C.C.No.95 of 2026 13 stated the name as Avanapu Appalaswamy and he is resident of Nelli- marla of Vizianagaram District. On further enquiry the accused stated that previously he committed two thefts and that he again came to com- mit theft in the Ponduru village. P.W.10 further deposed that on his fur- ther enquiry the accused was having a bag, when the bag was opened in presence mediators, they found screwdriver and one iron rod. The ac- cused stated that the said property was used for breaking the locks. He deposed that the accused confessed about the commission of two crimes of Ponduru P.S relating to Cr.No.135/2025 and Cr.no.136/2025.
He deposed that the accused also stated that the theft articles are in his house. P.W.10 deposed that the report was drafted by recording the confession statement of accused. P.W.10 further deposed that on the next date i.e. on 15.12.2025 in the morning hours 08.00 am, he secured the same mediators P.W.8 and L.W.15 and L.W.11 who is Appraiser to weigh the items, were the accused took them to his house situated at
Jarjapeta village of Nellimarla Mandal. He deposed that in the accused house, he brought two polythene covers were in one cover small Gold rings, Gold murugulu and one Silver waist thread and in another poly- thene cover Silver items which are Silver plates, Deepam Kundulu,
Barini, Silver glasses, Panchapatra and Garita. He deposed that in pres- ence of mediators, the said properties are seized, the seizure report was drafted and signed by the mediators and the accused and he also ob- tained the signature of L.W.11. P.W.10 further deposed that on the same day i.e. 15.12.2025 accused was arrested and sent to the judicial cus- tody. He further deposed that on 25.12.2025 in presence of mediators and P.W.1 and P.W.3, the identification of properties are conducted at
Nehru Park, Ponduru, P.W.1 and P.W.3 identified the properties. He de- posed that report was drafted and the seized properties was given to the
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C.C.No.95 of 2026 14
P.W.1 and P.W.3 as per the order of the Hon’ble Court. He further de- posed that after completion of investigation, he filed common charge sheet in Cr.No.135/2025 and 136/2025 against the accused. Original
FIR in Cr.No.135/2025 dated 05.12.2025, Rough sketch in
Cr.No.135/2025 dated 05.12.2025, Test identification of the properties in
Cr.No.135/2025 dated 25.12.2025 and Test identification of the proper- ties in Cr.No.136/2025 dated 25.12.2025 are marked as Ex.P8 to
Ex.P11. The lock in Cr.No.136/2025 marked as MO.16. In P.W.10 cross- examination, he deposed that he along with his staff caught hold the ac- cused at the bus stand of Ponduru. He admitted that in charge sheet there is no mention of crimes registered against the accused. He de- posed that he did not obtain the properties bills from P.W.1. The other part of cross examination of P.W.10, witness denied the suggestions put to him by the accused.
16. POINT NO.1: The offence alleged against the accused, punishable un- der section 331(4) of BNS: Punishment for house trespass or housebreak- ing which reads that “whoever commits lurking house trespass or house- breaking after sunset and before sunrise, in order to the committing of any offence” as prescribed in the said section. The evidence of prosecution re- vealed that P.W.9 and P.W.10 registered two crimes against unknown of- fenders on basis of report of P.W.1 and P.W.3 on 05.12.2026, the alleged incident that the accused committed theft of ornaments marked as M.O.1 to
M.O.12 belong to P.W.1 and P.W.3 and recovered the same by P.W.10. To drag the accused, to the offence under section 331(4) of BNS, from both chief and cross examination of prosecution witnesses revealed that
P.W.1/Etcherla Paidi Raju and P.W.3/Madugula Lakshmi only came to know that theft took place and the other witnesses P.W.2, P.W.4 to P.W.6 who re-
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C.C.No.95 of 2026 15 late to P.W.1 and P.W.3 also came to know about the theft took place in
P.W.1 and P.W.3 houses. All these material witnesses deposed that they do not know how the theft took place. As per entire material of prosecution case, there is no identification of accused during investigation and also through material witnesses P.W.1 to P.W.6. The entire evidence, there is no direct or eye witness seen as to the commission of the alleged offence un- der section 331(4) of BNS. The material witnesses P.W.1, P.W.3 or other witnesses P.W.2 and P.W.4 to P.W.6, they did not depose about the over- acts of the accused. Therefore, from prosecution evidence there is no over- acts of the accused for the commission of the offence that this accused had entered into said houses of P.W.1 and P.W.3 during intervening night of 04.12.2025 and early hours of 05.12.2025. Thus without any identification of accused or any testimony against the accused were the ingredients of section 331(4) of Bharatiya Nyaya Sanhita and the overacts of the accused was not deposed, therefore, the offence punishable under section 331(4) of
Bharatiya Nyaya Sanhita against the accused, is not proved by prosecu- tion.
17. POINT NO.2: The offence alleged against the accused, punishable un- der section 305 in specific of clause (a) of BNS: Theft in a dwelling house, or means of transportation or place of worship, etc, clause (a) which reads that “whoever commits theft in any building, tent or vessel used as human dwelling or used for the custody of property”. From the other part of evi- dence of prosecution that, the main case is based on the confession of ac- cused marked as Ex.P5 and Ex.P6/theft property seizure report. As per the evidence of P.W.8 mediator and investigation officer P.W.10, in presence of mediators P.W.8 and L.W.15 both in crime no.135/2025 and crime no.136/2025, the accused confessed the commission of the offence and
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C.C.No.95 of 2026 16 also that the accused shown the theft properties and same are seized. To drag the accused to the said offence, as per finding in point no.1, the over- acts of accused was not found in prosecution oral evidence. As per entire evidence, P.W.1 to P.W.7 there is no testimony that this accused committed theft in P.W.1 or P.W.3 house and there is no eye witness or direct witness to state that the accused committed the alleged offence. Proof of offence under section 305(a) of BNS, is not established by prosecution through its evidence. Therefore, from prosecution evidence there is no overacts of the accused for the commission of the offence under section 305(a) of BNS.
18. POINT NO.3: The offence alleged against the accused, punishable un- der section 317(2) of BNS which states that “whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property”. The evidence of prosecution as discussed supra in point nos.1 and 2, only on basis of Ex.P5/confession statement of accused, P.W.10 got seized the stolen properties marked as M.O.1 to
M.O.12 from accused. On careful reading of P.W.8 to P.W.10 evidence, the test identification of properties was conducted in both crimes were P.W.1 and P.W.3 also deposed that identification of properties took place under
Ex.P10 and Ex.P11 and they have identified their properties respective and also received the same through Court. To the present section of law i.e. the section 317(2) of BNS shall be read with section 119 illustration (a) of
Bharatiya Sakhya Adhiniyam, 2023 which reads as: Court may presume existence of certain facts in which “a man who is in possession of stolen goods soon, after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession”, As per this illustration, to the present facts on hand, the circumstances of
M.O1 to M.O.12 in possession of accused and same was brought by him
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C.C.No.95 of 2026 17 from his house. As per Ex.P5/Confession statement of accused which took place in presence of P.W.8 mediator and another mediator L.W.15, wherein
P.W.8 also deposed the way the accused confessed about commission of crimes in Cr.No.135/2025 and Cr.No.136/2025 and took the mediators and police to his house situated at Nellimarla of Vizianagaram District and shown them the theft properties relate to both crimes and same are drafted under Confession statement of the accused dated 14.12.2025 and Theft property seizure report dated 15.12.2025 marked as Ex.P5 and Ex.P6, to drag the accused and to determine the point no.3 framed, the material prosecution witnesses none of them could depose about the accused and overacts of the accused whether the accused concerned with these crimes or not. But as per Ex.P5 and Ex.P6, there is discovery of fact in this case that M.O.1 to M.O.12 are found as per mediator evidence in P.W.8, the wit- ness made consistent evidence on Ex.P5 and Ex.P6, the recovery of M.O.1 to M.O.12 are found in continuous of investigation by P.W.10 with P.W.8 and L.W.15, so the immediate recovery of theft properties under Ex.P6, which falls under section 119 illustration(a) of BSA would connect the ac- cused. This Court presume that accused was found in possession of theft properties in Cr.No.135/2025 and Cr.No.136/20205. Therefore, section 317(2) of Bharatiya Nyaya Sanhita along with section 119 illustration(a) of
BSA have said to establish the accused found in possession of theft prop- erties in Cr.No.135/2025 and Cr.No.136/2025, were no explanation given by accused and he confessed about the commission of offence in
Cr.No.135/2025 and Cr.No.136/2025 as brought on record by the prosecu- tion. Therefore, from prosecution evidence, basing on the Ex.P5 and Ex.P6 and the circumstances deposed by witnesses, the accused said to be in possession of stolen properties in Cr.No.135/2025 and Cr.No.136/2025.
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C.C.No.95 of 2026 18
Hence the prosecution proved the accused committed the offence punish- able under section 317(2) of BNS.
19. Apart from the above discussion, the evidence of P.W.7 to P.W.10 who participated in the investigation of both crimes, from scene observation of report, arrest of accused, seizure of properties and till filing of charge sheet. The other material objects, seizure of M.O.13: Screw driver, M.O.14:
Iron rod, M.O.15: Lock seized in Cr.No.135/2025 dated 05.12.2025 and
M.O.16: Lock seized in Cr.No.136/2025 dated 05.12.2025 does not estab- lish the connection of the accused to the alleged offences of section 331(4) and 305(a) of BNS. Therefore, from the entire evidence and finding in the above points, the prosecution miserably failed to establish the guilt against the accused for the offences under sections 331(4) and 305(a) of Bharatiya
Nyaya Sanhita, 2023 beyond all reasonable doubt. As per finding in point no.3, the prosecution had proved section 317(2) of BNS against the ac- cused.
20. In the result, the accused is found not guilty for the offences punishable under sections 331(4) and 305(a) of Bharatiya Nyaya Sanhita, 2023.
Accordingly he is acquitted under section 271 (1) of Bharatiya Nyagarika
Suraksha Sanhita, 2023 for the above said offences. To the offence punishable under section 317(2) of Bharatiya Nyaya Sanhita, the accused is found guilty in both the Cr.No.135/2025 and Cr.No.136/2025, accordingly he is convicted under section 271(2) of Bharatiya Nyagarika Suraksha
Sanhita, 2023 for the above said offence.
21. Property Order: The marked properties i.e. M.O.1: Gold Small rings-5,
M.O.2: Gold Murugulu-2, M.O.3: Silver waist thread, M.O.4: Silver big plate-1, which are given to P.W.1 for interim custody vide Crl.M.P.
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C.C.No.95 of 2026 19
No.02/2026 dated 13.03.2026, stands absolute. The other properties
M.O.5: Small plates-4, M.O.6: Silver Vinayaka Idols-1, M.O.7: Silver
Deepam Kundulu-3, M.O.8: Silver Chembulu-2, M.O.9: Silver Glasses-2,
M.O.10: Panchapatra gariti-1, M.O.11: Silver Small barini-1, M.O.12:Silver small Vinayaka Idols-1, which are given to P.W.3 for interim custody vide
Crl.M.P. No.69/2026, dated 13.03.2026, stands absolute. The other non-
valuable properties i.e. M.O.13: Screw driver, M.O.14: Iron rod, M.O.15:
Lock seized in Cr.No.135/2025 dated 05.12.2025 and M.O.16: Lock seized in Cr.No.136/2025 dated 05.12.2025 shall be destroyed after lapse of
Appeal time.
Partly typed on my dictation by typist and partly typed on my laptop
by me, prints taken by typist, corrected and pronounced by me, in the
open court on this the 15 th day of May’ 2026.
Sd/- Smt.B.Jyotsna,
Judicial Magistrate of I Class,
Ponduru.
Quantum of sentence:
Heard the accused with regard to the quantum of sentence. The accused submitted that he is having wife and children who are depend on him. Having regard to the facts and circumstances of this case and keeping in view of submission of the accused, the accused is sentenced to undergo simple imprisonment for a period of one year for the offence punishable under section 317(2) of Bharatiya Nyaya Sanhita in Cr.No.135/2025 and further the accused is sentenced to undergo simple imprisonment for a period of one year for the offence punishable under section 317(2) of Bharatiya Nyaya Sanhita in Cr.No.136/2025. Both the sentences shall run concurrently. As the accused is in judicial custody thus as per the section 468 of Bharatiya Nyagarika Suraksha Sanhita, the remand period from 15.12.2025 to till date undergone by him shall be set off. The accused is appraised of his right to Appeal against the judgment of this Court. The accused is furnished a free copy of the judgment as
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C.C.No.95 of 2026 20 contemplated under section 404(1) of Bharatiya Nyagarika Suraksha Sanhita.
Sd/- Smt.B.Jyotsna,
Judicial Magistrate of I Class,
Ponduru.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution: For Defence P.W.1: Etcherla Paidi Raju -NONE-
P.W.2: Savalapurapu Shyamala Rao
P.W.3: Madugula Lakshmi
P.W.4: Madugula Ramakumari
P.W.5: Dunna Ramakrishna
P.W.6: Madugula Byharathi
P.W.7: Savalapurapu Prasanth
P.W.8: Mogadala Sankara Rao
P.W.9: K.Ramana, HC-458
P.W.10: V.Satyanarayana, SI of police of Ponduru P.S.
Documents marked For Prosecution:
Ex.P1: Report of P.W.1, dated 05.12.2025.
Ex.P2: Report of P.W.3, dated 05.12.2025.
Ex.P3: Scene observation report at 10.00 hours dated 05.12.2025.
Ex.P4: Scene observation report at 11.00 hours dated 05 .12.2025.
Ex.P5: Confession statement of the accused dated 14.12.2025.
Ex.P6: Theft property seizure report dated 15.12.2025.
Ex.P7: Original FIR in Cr.No. 136/2025 dated 05.12.2025.
Ex.P8: Original FIR in Cr.No. 135/2025 dated 05.12.2025.
Ex.P9: Rough sketch in Cr.No.135/2025 dated 05.12.2025.
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C.C.No.95 of 2026 21
Ex.P10: Test Identification of properties in Cr.No.135/2025 dated 25.12.2025.
Ex.P11: Test Identification of properties in Cr.No.136/2025 dated 25.12.2025.
For Defence: -Nil-
Material object:
For Prosecution:
M.O.1: Gold Small rings-5
M.O.2: Gold Murugulu-2
M.O.3: Silver waist thread
M.O.4: Silver big plate-1
M.O.5: Small plates-4
M.O.6: Silver Vinayaka Idols-1
M.O.7: Silver Deepam Kundulu-3
M.O.8: Silver Chembulu-2
M.O.9: Silver Glasses-2
M.O.10: Panchapatra gariti-1
M.O.11: Silver Small barini-1
M.O.12: Silver small Vinayaka Idol-1
M.O.13: Screw driver
M.O.14: Iron rodSd/- Smt.B.Jyotsna,
M.O.15: Lock seized in Cr.No.135/2025 dated 05.12.2025
M.O.16: Lock seized in Cr.No.136/2025 dated 05.12.2025
For Defence: -Nil-
Sd/- Smt.B.Jyotsna,
Judicial Magistrate of I Class,
Ponduru
// True Copy //
Judicial Magistrate of I Class,
Ponduru.
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C.C.No.95 of 2026 22
CALENDAR AND JUDGMENT
District of Srikakulam
Smt. B. Jyotsna, Judicial Magistrate of I Class, Ponduru.Calendar of Cases
tried by JUDICIAL MAGISTRATE OF I CLASS, PONDURU
Date of Offence04.12.2025 and 05.12.2025
Report of complainant05.12.2025
Released on bailAccused is in Judicial Custody from 15.12.2025
Apprehension of Accused05.05.2026
Commencement of trial06.05.2026
Closure of trial13.05.2026
Sentence OR order15.05.2026
Explanation for delayDue to delay in non production of witnesses.
Judgment of Calendar Case No.95/2026 on the file of Judicial Magistrate of I Class, Ponduru. Complainant State Represented by Sub-Inspector of Police in Cr.No.135/2025 and 136/2025 of Ponduru P.S. Accused Avanapu Appalaswamy @ Billa, S/o Late Krishna, age 27 years, Nagavamsam by caste, Raja Street, Jarajapeta village, Nelimarla Mandal, Vizianagaram District.
Offence Under sections 331(4) and 305(a) and 317(2) of Bharatiya Nyagarika Suraksha Sanhita 2023
FindingAccused is found not guilty for the offences punishable under sections 331(4) and 305(a) of Bharatiya Nyaya Sanhita, 2023. Accused is found guilty for the offence punishable under section 317(2) of Bharatiya Nyaya Sanhita, 2023. Sentence or In the result, the accused is found not guilty for the offences punishable orderunder sections 331(4) and 305(a) of Bharatiya Nyaya Sanhita, 2023. Accordingly he is acquitted under section 271 (1) of Bharatiya Nyagarika Suraksha Sanhita, 2023 for the above said offences. To the offence punishable under section 317(2) of Bharatiya Nyaya Sanhita, the accused
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C.C.No.95 of 2026 23 is found guilty in both the Cr.No.135/2025 and Cr.No.136/2025, accordingly he is convicted under section 271(2) of Bharatiya Nyagarika Suraksha Sanhita, 2023 for the above said offence.
Property Order: The marked properties i.e. M.O.1: Gold Small rings-5, M.O.2: Gold Murugulu-2, M.O.3: Silver waist thread, M.O.4: Silver big plate-1, which are given to P.W.1 for interim custody vide Crl.M.P. No.02/2026 dated 13.03.2026, stands absolute. The other properties M.O.5: Small plates-4, M.O.6: Silver Vinayaka Idols-1, M.O.7: Silver Deepam Kundulu-3, M.O.8: Silver Chembulu-2, M.O.9: Silver Glasses-2, M.O.10: Panchapatra gariti-1, M.O.11: Silver Small barini-1, M.O.12:Silver small Vinayaka Idols-1, which are given to P.W.3 for interim custody vide Crl.M.P. No.69/2026, dated 13.03.2026, stands absolute. The other non-valuable properties i.e. M.O.13: Screw driver, M.O.14: Iron rod, M.O.15: Lock seized in Cr.No.135/2025 dated 05.12.2025 and M.O.16: Lock seized in Cr.No.136/2025 dated 05.12.2025 shall be destroyed after lapse of Appeal time.
Quantum of sentence:
Heard the accused with regard to the quantum of sentence.
The accused submitted that he is having wife and children who are depend on him.
Having regard to the facts and circumstances of this case and keeping in view of submission of the accused, the accused is sentenced to undergo simple imprisonment for a period of one year for the offence punishable under section 317(2) of Bharatiya Nyaya Sanhita in Cr.No.135/2025 and further the accused is sentenced to undergo simple imprisonment for a period of one year for the offence punishable under section 317(2) of Bharatiya Nyaya Sanhita in Cr.No.136/2025. Both the sentences shall run concurrently. As the accused is in judicial custody thus as per the section 468 of Bharatiya Nyagarika Suraksha Sanhita, the remand period from 15.12.2025 to till date undergone by him shall be set off. The accused is appraised of his right to Appeal against the judgment of this Court. The accused is furnished a free copy of the judgment as contemplated under section 404(1) of Bharatiya Nyagarika Suraksha Sanhita.
Sd/- Smt.B.Jyotsna,
Judicial Magistrate of I Class,
Ponduru.
1. Copy submitted to the Hon’ble I Addl. District and Sessions Judge, Srikakulam.
2. Free Judgment copy supplied to the Accused through E-mail, Central Prison, Visakhapatnam. // True Copy //
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C.C.No.95 of 2026 24
Judicial Magistrate of I Class,
Ponduru.