Sri. B. Ramesh

cOURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS AT BICHKUNDA

Present: Sri. B. Ramesh, LL..B.

Judicial Magistrate of First Class

Bichkunda

Dated this the 20th day of September 2013

C.C.NO.53 Of 2011 (Cr.No. 33 /11 Of PS Bichkunda) BETWEEN;

The State through Sub-Inspector of police,

Bichkunda.

...Complainant

VS

1. Pakrya Sayaman S/O Rayakhand Age 42 years Occupation: Agriculture,

2. Pakrya Ramesh S/O Chanda Age 22 both residents of Pocharam thanda, Jukkal mandal. years Occupation: Agriculture,

This case is Coming before Accused hearing and disposal in the presence of SRI. R. Srinivas Learned Assistant Public me on the 19 th day of September 2013 for final Prosecutor for the State and Sri. G. Malleshwar Learned Advocate for the accuo naving heard and stood over for consideration till this day the court delivered following:

JUDG MENT

1 Ine accused are facing trial for the offence punishable under section 324 of Indian Penal Code.

2 The brief facts of prosecution case runs as: Accused Pakya Sayaman is the brother in law of injured Pakrya Purna W/O Thalla. Accused No 2 Ramesh is also related to the injured. Injured lands and accused No 1 land are situated at Burugupally village of Bichkunda mandal. The incident occurred on 8-3-11, in the evening hours.

On that day, injured was grazing her cattle, one of her cow was grazing in the fields of the accused No 1, seeing this accused picked up quarrel and bet her with sticks, and caused injuries. The incident was witnessed by Anjany Reddy/L.W-2, G. Sailu/L.w-3.

and P. Santhosh/L.W4. The incident was reported to the police on 9-3-11, basing on the contents of report L.W-9/ B. Sailoo S.I. Of Police, Bichkunda, registered the above case inCr. No. 33/11 for the offence under section 324 IPC. During course of inyestigation statements of L.w-1 to L.w-4 were recorded, later scene of offence

N a r a y a n a / l w and pieseO of wn n he sustaineod The mectial otker /r Swathi -.w7 oped the nature of injuties ahanma a aCCUsed on 23311, police taid iep Ruma wen sinpie n nature Affer airesting the uNder saton 173 (2)Cr PC for the offence under soction under section 324 Pæ

The cout on 294-2011 kook cognizance for the offence punishatble u/s 324 |PC

Janst the acused Al and 324 RW 34 IPÙ against A-2, and issued pFOcess.

Ihe accuNA appeared before the court on service of summons, and they were

Siyiet wth copves of documents as required under section 207 of CrPC. Heard

Aftet exaMining the accused under section 239 C:PC framed a charge on 17-6-13 foI

The ofence under section 324 LPC against accused No 1, 324 R.W 34 IPC aganst

OCUSes No 2 is tramed, read over and explained to the accused in Vernacular, the aCCUsed pleaded not guilty and claimed to be tried, hence trial proceeded.

5 lo bnng home guit of the accused the prosecution has relied on the oral testimoy of PW1 and Pw-2 and got exhibited Ex. P. 1 to Ex.P4. P Purna examined as

Pw-1, B Sailoo examined as Pw-02, As the injured her self not supported the case of the prosecution has given up remaining witnesses. On behalf of accused no documents are marked. The case of accused is of total denial.

After closure of prosecution evidence the accused examined u/s 313 Cr.PC,

they denied the incriminating evidence appearing against them, and reported no

defence evidence either oral or documentary.

7 Heard both sides and perused record.

Upon hearing the rival contentions the

olfowing points arise for my determination.

1) Whether the prosecution could able to prove its case for the offence

under section 324 1.P.C against A-1, and 324 RW34 IPC against A

2, beyond reasonable doubt?

2) To what result?

P O H T NO ONE:

to each GAhes furtter their iarts are stuted in the irnits

Bichkyda Manda. The indert oes n &311. i te eienring hIs. on

Brgupay

at day PW. had beern to her fieids grazing in the fiets of acvsd io1, over this sse the inident No 1 tet P-1 vethh stcK and caused inuries on her right thigth, where as the

No 2 Rarmesh, assisted accused No1- Sayaman in committing the offere. To prove ts

LND

case the prosecution is retying on the oral eidene f Srnt P Purna 35 p-1. 33

Investigating Offcer B. Saioo as Pw2. ExP.1 is renort f Pw-1 dated 9-311, ExP-Z is the hedical certificate of P-1 Ex P.-3 is FLR and Ex.P. 4 Scene of Utere Panchanarna. The case of accused is of totai denial.

As this is a case Uls. 324 IPC to prosecution has to prove the follon9

ingredients.

(1) That Srnt. Purna recerved simple injuries on 08.03.2011.

(2) AccUsed No 1 caused injuries to with stick.

(3) Accused No 2 assisted accused No-1 in causing the injuries to Purna.

10. In the oral evidence of Pw-1 Smt; Purna Injured testified that, about tvwo years back, she had been to her fields, at about 1200 noon both accused came to her and quarreled with her, later accused left that place. PW-1 specificaly testified that she was not beaten by the accused. PW-1 denied the contents of Ex.P-1/report lodged by her with pofice on 9-3-11. In spite of cross examination of Pw-1 prosecution faied to brought on record any material to disbelieve the testimony of Pw-1. As the injured her self not supporting the case of prosecution the learned APP has given up remaining witnesses. Medical certificate of injured marked as ExP-2 through Pw2 investigating officer, and Ex.P4 Scene of offence panchanama is also exhibited by Pw-2, as Pw-2 not spoken about the contents of Ex.P-2 and Ex.P4 thus, the contents of Ex.P-2 and

Ex. P-4 are not proved by the prosecution. Since the injured herself diverted from the orosecution case, the point is answered against to the prosecution and in favour of the

CcUsed.

and A-2 are found not POINT NO.2 In the Result, the accused A1 gulty 11 accordingly acquitted Uis. 248(1) of Cr.P.C. for the offence U/s 324 IPC, 324 RAW

IPC. The bail bonds of the accused shall stands cancelled after six months. No orders as to property.

Typed, corrected and pronounced by me in the open court on this 20th day of

September 2013.

Judicial Magistrate of First Class

Bichkunda

APPENDIX OF EVIDENCE

(witnesses Examined On behalf Of)

DEFENCE

PROSECUTION

Injuredinformant PW1 Smt: P. Purna NONE Investigating Officer PW2 B. Sailoo

EXHIBITS MARKED

(On Behalf O)

DEFENCE

PROSECUTION

Ex.P.1 Report to police Bichkunda by PW-1 dated 9-03-2011 Ex.P.2 Medical Certificate of PW-1 NIL Ex.P-3 FIR Ex.P-4 Scene of offence panchanama.

Material Objects NIL

Judicial Magistrate of First Class

Bichkunda