1
IN THE COURT OF II METROPOLITAN MAGISTRATE CYBERABAD AT LB. NAGAR
Present: Smt. B. Sridevi, II Metropolitan Magistrate Cyberabad At L. B. Nagar
Dated this the 26th day of April, 2017.
CC. No. 1408 of 2015
Between : The State through PS Meerpet …Complaint
And
A1Yelchala Bhaskar Reddy, S/o. Ramchandra Reddy Aged about 45 years, Occ: Business, R/o. H.No. 10-128, Vijayalakshmi Nagar, Nadergul village Saroornagar Mandal, RR District.
A2Nemali Lingam Yadav, S/o. Mallaiah Aged about 50 years, Occ: Business, R/o. Nadergul village, Sarornagar Mandal, RR District.
A3Uppu Ramesh, S/o. Valsaiah Aged about 30 years, Occ: Stone Cutter R/o. H.No. 8-65, Leninnagar, Meerpet village, Saroornagar Mandal, RR District.
…. Accused 1 to 3
This case came before me for final hearing in the presence of the Asst. Public Prosecutor for the State and of Sri K.Rama Swamy Advocate for the Accused and having stood over for consideration till this day, the Court delivered the following:-
J U D G M E N T
1. The Sub-Inspector of Police, P.S. Meerpet laid charge sheet in Cr. No. 79/2015 against the accused for the offence punishable Under Section 9 B (1) (b) of Explosive
Act, 1884.
2. The brief facts of the case as set out in the charge sheet are that: On 01-02-2015 at 1750 hours G.Biksham Reddy, Inspector of police received a complaint from the complainant Bhavanasi Radha Krishna Rao (Lw1) by stating that the land in Sy.No. 210 is in dispute in between the pattadars of Y.Yella Reddy, Y.Shyam Reddy and Nirmala.
2
While it is so , on 31-01-2015 in the afternoon hours , some unknown offenders have came in a tractor and blasted the stones with explosives Hence, the complainant re- quested to take necessary legal action against the accused.
3. Basing on the above said complaint, G.Biksham Reddy, Sub-Inspector of police (Lw11) registered a case in Cr.No. 79/2015 the offence Under Section 9 B (1) (b) of
Explosive Act, 1884 and the file entrusted to E.Election Reddy, Sub-Inspector of police (Lw12) for further investigation. During the course of investigation he examined and recorded the statement of Bhavanasi Radha Krishna (Lw1). He visited the scene of offene and caused enquries and conducted the scene of offence panchanama and drawn rough in the presence of two mediators i.e. S.Venkat Reddy (Lw6) and
S.Sudharshan Reddy (Lw7) and also photographed the scene and seized four pieces of breaking rocks, white colour plastic coated aluminum wire pieces and same was sent for FSL report. On 02-02-2015 he also examined and recorded the statement of
K.Jangaiah (Lw2) and K.Srikanth (Lw3) . On 03-02-2015 he examined and recorded the statements of Y.Veer Mahender Reddy (Lw4) and Y.Shyam Reddy (Lw5) . Smt.
K.Ramadevi, Assistant Director , APFSL (LW10) 3examined the item Nos. 1 and 2 and issued report. On 26-08-2015 at about 1230 hours A1 to A3 were arrested and on interrogation the A3 confessed that A1 and A2 are the land owners in survey No. 210 of
Nadergul village, and engaged the A3 for level of land for plots, in which the A3 used explosive for blasting of stones. The detailed confessional statement of A3 was recorded in the presence of mediators i.e. K.Linga Reddy (Lw8) and K.Sriram Reddy (Lw9) and remanded them to judicial custody.
04. Cognizance was taken against the accused for the offence punishable under section 9 B (1) (b) 9 B (1) (b) of Explosive Act.
3
15.On appearance of accused he is examined Under Sec.239 of Cr.P.C.
On consideration, the substance of charges Under Section 324 of IPC have been framed, read over and explained to him in Telugu to which, he pleaded not guilty and claimed to be tried.
7. To prove its case, the prosecution has examined Pws1 sairama
06. To prove its case, the prosecution has examined Pws 1 to 5 an got marked Exs. P1 to P7.
07. After closure of the prosecution evidence, the accused were examined
Under Section 313 Cr.P.C by placing the incriminating evidence appearing against the accused in the prosecution evidence, for which the accused denied the incriminating ev- idence found against him in the evidence of prosecution witnesses and reported no de- fence evidence on his behalf .
08. Hence heard the arguments on both sides. Perused the material available on record.
09.. Now the point for consideration is:
Whether the prosecution has proved the guilt of the Juvenile in conflict with
law for the offence Under Section 9 B (1) (b) of Explosive Act, 1884 beyond reasonable doubt?
POINT:-
11. In order to support its case prosecution has examined the witnesses as Pws 1 to 5 and got marked Exs P1 to P7. The defence of the accused is one of the total denial.
Hence the evidence of Pws 1 to 5 and Exs. P1 to P7 stands for scrutiny.
4
12. PW1 (B. Radha krishna) he deposed that on 01/02/2015 he received in- formation from Sham reddy stating that boulders were blasted in his land with tractor on 31/01/2015 and thereafter he inspected the land of Sham reddy and found that boulders were broken and police examined and recorded his statement.
However as seen from the evidence of Pw1 he is none other than Defacto com- plainant in this case. Therefore his evidence is nothing but the evidence of interested witness and the same cannot be solely relied upon in the absence of corroboration from the independent witness evidence.
13.PW-2 (Venkat Reddy who is the alleged panch witness for scene of panchanama is not supporting the case of the prosecution and as such he is turned hostile. Therefore, his evidence is of no use to the case of prosecution.
14.PW-3 (Sudharshan Reddy ) who is the alleged panch witness for scene of panchanama is not supporting the case of the prosecution and as such he is turned hostile Therefore, his evidence is of no use to the case of prosecution.
15.PW-4 (K.Sriram Reddy) who is the panch witness for confession panchanama is not supporting the case of the prosecution and as such he is turned hostile. Therefore, his evidence is of no use to the case of prosecution.
16. PW5 (N. Election Reddy) he deposed that on 1/2/2015 at 17.50 hrs.
LW11 received a complaint from PW1 and basing on the strength of the same he regis- tered a case in Cr.No. 79 /2015 u/s. 3 of Explosives Act and issued FIR. Ex.P5 is the
FIR. Thereafter investigation is entrusted by him and during the course of investigation he examined and recorded the statements of LW1 to LW5. Thereafter he visited the scene of offence and he conducted the scene of offence panchanama in the presence of PW2 and PW3. While investigation was under progress that on 26/8/2015 A1 to A3 were arrested by him and on interrogation they confessed their guilt in the presence of
PW4 and LW8 hence he recorded confession panchanama of A3. Thereafter the ac- 5 cused were produced before the court for judicial custody. Ex.P6 is the confession pan- chanama and after completion of entire investigation he filed chargesheet against ac- cused U/s. 9B (1)(b) Explosives Act basing on the FSL report under Ex.P7
However as seen from the evidence of Pw5, he is none other than the investigat- ing officer in this case and his evidence is formal in nature and his evidence is nothing but the evidence of interested witness which cannot be solely relied upon in the ab- sence of corroboration from the independent witness evidence. Further more he cate- gorically denied the suggestion put forth by the learned counsel for the accused.
16.Having regard to the facts and circumstances of the case and after careful scrutiny of entire oral and documentary evidence on record, it is the considered view of this court, that the prosecution has miserably failed in establishing the guilt of the ac- cused for the offence punishable Under Section 9 B (1) (b) of Explosive Act, 188Therefore the accused are entitled for benefit of doubt in their his favour . Thus this point is answered accordingly.
17. In the result, the accused 1 to 3 are found not guilty of the offence punishable
Under Section 9 B (1) (b) of Explosive Act, 1884 and accordingly they are acquitted under section 248 (1) Cr.P.C. for the said offence . . The bail bonds of the accused shall stand cancelled and the sureties are discharged after expiry of appeal time.
Dictated to the Personal Assistant, transcribed by her, corrected and pronounced
by me, in the open court on this the 26 th day of April, 2017.
II METROPOLITAN MAGISTRATE
AT L.B. NAGAR, R.R.DISTRICT
APPENDIX OF EVIDENCE
6
WITNESSES EXAMINED
For Prosecution:- For Defense:-
PW 1 B.Radha Krishna-Nil- PW2 Venkat Reddy Pw3 Sudharshan Reddy, Pw4 – K.Sriram Reddy PW5 – N.Election Reddy
Exhibits Marked
Ex.P1 – Compliant Ex.P2 - Signature portion on scene of offence Ex.P3 - Signature portion on scene of offence Ex.P4 - Signature portion on scene of offence Ex.P5 First information report Ex.P6 – Confession panchanama Ex.P7 FSL report
Exhibits marked for defence
Nil
Material Objects Marked
Nil
II METROPOLITAN MAGISTRATE
AT L.B. NAGAR, R.R.DISTRICT
7 8
F O R M No: 71
CALENDAR AND JUDGMENT
District: Ranga Reddy : II Metropolitan Magistrate, Cyberabad, L.B. Nagar, Hyderabad. Calendar of case tried by : Sri. B.Sridevi Metropolitan Magistrate, Cyberabad.
L.B. NAGAR, R.R. DIST.
Date of Offence : 01-02-2015
Date of report or complaint : 01-02-2015
Date of apprehension of accused : 26-08-2015
Date of commencement of trial : 14-03-2017
Date of Closure of trial : 24-04-2017
Date of sentence of order : 26-04-2017
Explanation of delay and remarks: Due to non-production of
Witnesses by the prosecution side
Judgment in calendar case No. : 1408/2015
Complainant : P.S.L.B.Nagar
Name of the Accused :A1 – Yelchala Bhasker A2- Nemali Lingam Yadav A3 - Uppu Ramesh
Offence : U/s. 9 B(1) (b) of Explosive Act.
Finding :Not guilty
Sentence : Acquitted U/s. 248 (1) Cr.P.C
II METROPOLITAN MAGISTRATE
AT L.B. NAGAR, R.R.DISTRICT
9
IN THE COURT OF THE II METROPOLITAN MAGISTRATE
CYBERABAD AT LB. NAGAR
Present: SMT B.SRIDEVI II Metropolitan Magistrate Cyberabad at LB Nagar.
Dated on this the 6th day of January, 2017
C.C. No.434/2015
Between:-
The State of AP through PS Meerpet. …Complainant
And
1.Cheguri Srihari, S/o.Yadaiah, Age: 48 years, Occ: Driver at Slate School, H.No.17-1-391/76, New Subramanyam Nagar, Saidabad, Hyderabad.
2.Masna Sandeep, S/o.Mallaiah, Age: 28 years, Occ: Driver at Slate School, H.No.3-1-668, Maithripuram, LB Nagar, Saroornagar Mandal, Ranga Reddy District. N/o.Kistarampally Village, Chinthapally Mandal, Nalgonda District.
3.Rodda Yadagiri, S/o.Late Rama Swamy, Age: 43 years, Occ: Driver at Slate School, H.No.2-9-37/A, Bharath Nagar, Uppal Mandal, Ranga Reddy District.
… Accused No.1 to 3
This case came before me for final hearing in the presence of the Asst. Public Prosecutor for the State and of Sri. B.Shyam, Counsel for the Accused and having stood over for consideration till this day, the Court delivered the following:-
J U D G M E N T
The Sub-Inspector of Police, Meerpet Police Station laid charge sheet in
Cr.No.106/2015 against accused for the offence punishable under Section 324 r/w.34 of
IPC.
2.The brief facts of the case as set out in the charge sheet are that : on 13.02.2015 at 1100 hours received a complaint from complainant stating that on 12.02.2015 at 10 about 1000 hours when he along with his wife Saraswathi both sat in Slate school bus near slate school, mean time one Sri Hari and Sandeep and Yadagiri came to them and abused in most vulgar language and beat them both with hands and sticks and caused injuries. Hence, requested to take necessary action.
3.Basing on the complaint, Abdul Hameed, Sub-Inspector of police (LW.8), Sub-
Inspector of police registered a case in Cr.No.106/2015 u/s.324 r/w.34 of IPC and took up the investigation. During investigation, Abdul Hameed, Sub-Inspector of police collected the evidence of Aithapaga Venkataiah (LW.1) and inspected the scene of offence, secured the presence of M.Venkat Reddy (LW.5) and Ch.Yadaiah (LW.6) and conducted scene of offence panchanamma and observations were brought on record and thorough enquiries were also caused at the place of occurrence to get complete facts and circumstances related to this case and in due course of investigation examined and recorded statements of A.Saraswathi, N.Venkatesh Chary and P.Ravi
Kumar (LW.2 to LW.4) and incorporated in Part-II CDs. The Dr.R.P.Vijaya Shekar (LW.7) treated Aithapaga Venkataiah (LW.1) and A.Saraswathi (LW.2) opined that the injuries sustained by them are simple in nature.
4. Cognizance was taken against accused for the offence punishable under Section 324 r/w.34 of IPC.
5. On appearance of accused, they were examined Under Sec. 239 Cr.P.C
Accused denied the charge sheet allegations. On consideration, charge under Section 324 r/w.34 of IPC have been framed, read over and explained to them, to which they pleaded not guilty and claimed to be tried.
6. To prove its case, the prosecution examined PWs.1 to 8, Exs.P1 to P7 are marked.
7.After closure of the prosecution evidence the accused was examined under
Section 313 Cr.P.C by explaining the incriminating evidence found against him in the 11 prosecution evidence, for which the accused denied the same and reported no defence evidence.
8.Heard both sides. Perused the material available on record.
9. Now the Point for consideration is:
“Whether the prosecution proved the guilt of the Accused for the offence
punishable U/s Section 324 r/w.34 of IPC beyond all reasonable doubts?
10. In order to support its case prosecution has examined the witnesses as PWs.1 to 5 and got marked Ex.P1 to Ex.P7. The defence of the accused is one of the total denial.
Hence the evidence of PWs.1 to 5 and Ex.P1 to P7 stands for scrutiny.
11.PW1 (A. Venkataiah) deposed that on 12/2/2015 at 10.00 am he completed his duty of dropping the school children in the school and he was waiting along with wife in the bus for picking up the school children after completion of school on that day and himself and A.Saraswathi (LW2) are working at Slate the school at RN Reddy Nagar as bus driver and Van mother respectively. When himself and A.Saraswathi (LW2) were sit- ting in the bus then A1 to A3 came to the bus with sticks in their hands and bet him and his wife and that he sustained injury on his head and his wife sustained injury on her lips. The accused threatened us to kill and hence he took the bus and went to hospital for treatment. The accused wantedly bet us without any reason and the accused 1 to 3 who are standing in the court hall today are the said persons who bet us and that he lodged the report under Ex.P1.
12.Whereas in the cross examination PW.1 categorically denied the suggestions put forth to him by the learned counsel for the accused and stood consistent with his evidence stated in his chief examination. Therefore, as seen from the entire evidence of
PW.1, nothing worthwhile was elicited by the learned counsel for the accused in order to discredit the evidence of PW.1. Thus the evidence of PW.1 is trust worthy.
13.PW2 (Saraswathi) She deposed that on 12/2/2015 at 10.00 am PW1 and herself completed our duty of dropping the school children in the school and she along with 12
PW1 were eating food in the bus and waiting for picking up the school children after completion of school on that day and herself and PW1 are working at Slate the school at RN Reddy Nagar as Van mother and bus driver respectively. When herself and PW1 were sitting in the bus then A1 to A3 came to the bus with sticks in their hands and bet her and her husband and that PW1 sustained injury on his head and that she sustained injury on her lips and right hand. PW.2 further stated that the accused threatened to kill them and hence they took the bus and went to hospital for treatment. The Accused
Nos.1 to 3 who are standing in the court hall today are the said persons who bet them.
14.In the cross examination PW.2 denied the suggestions put forth to her by the learned counsel for accused and she also stood consistent with the evidence stated in her chief examination. Thus, the evidence of PW.2 is corroborating to the evidence of
PW.1 and hence the evidence of PW.2 is believable.
15.PW.3 and PW.4 turned hostile and did not support the case of the prosecution.
Thus the evidence of PW.3 and PW.4 is of no use to the case of prosecution.
16.PW5 (Venkatachary) deposed that on 12/2/2015 at about 10.00AM while he was in front of his house at Hanuman Nagar, RN Nagar and he found that the accused was beating PW1 and 2 with sticks and hands and that he intervened and separated ac- cused and PW1 and PW2. PW1 and PW2 sustained injuries on head and cheecks.
17.Whereas in the cross examination PW.5 categorically denied the suggestion put forth to him. As seen from the evidence of PW.5 who is independent witness in this case he categorically stated that he found the accused beating PW.1 and PW.2. Therefore, from the evidence of PW.5, the occurrence of alleged offence is established and the evi- dence of PW.5 is corroborating with the evidence of PW.1 and PW.2.
18.PW6 (Venkat Reddy) deposed that on 13/2/2015 at about 12.00 PM the police conducted scene of offence panchanama at Slate School, RN Reddy Nagar and that he 13 came to know that one day prior to the panchanama some galata took place there and after completion of entire panchanama he signed on same. Ex.P4 is the scene of of- fence panchanama.
19.However, as seen from the evidence of PW.6, the conducting of scene of offence panchanamma is established by the prosecution. Therefore, Ex.P4 scene of offence is established.
20.PW7 (Dr. Venkat ramana) deposed that Dr. Vijay Shekar worked in their hospital in the year 2015 and their hospital received summons and he came on behalf of hospi- tal to depose the evidence. Basing on record he was deposing evidence and that on 12/2/2015 the patients by name A. Saraswathi and Venkatesh were examined by Dr. Vi- jay Shekar and accordingly medical certificates of them were issued and as per the same the injuries are simple in nature. Ex.P5 is the medical certificate of A. Saraswathi,
Ex.P6 is medical certificate of A. Venkatesh.
21.However, in the cross examination PW.7 categorically stated that he does not have personal knowledge about the issuance of medical certificates and he did not ex- amine injured. Therefore, PW.7 evidence is not of much use to the case of prosecution.
But from the evidence of PW.7, it can be considered to the limited extent of sustaining of injuries by the injured.
22.PW8 (Abdul Hameed) deposed that on 13/2/2015 at 1100 hrs, and he received a complaint from PW1 and basing on the strength of the same he registered a case in
Cr.No. 106/2015 u/s.324 r/w 34 of iPC and issued FIR. Ex.P7 is the FIR and thereafter he took up the investigation. During the course of investigation he examined and recorded the statements of PW1,PW2, PW3 and PW5. Thereafter he visited the scene of offence and he conducted the scene of offence panchanama in the presence of PW6 and PW4. While investigation was under progress he issued Sec. 41 Crpc notice to the 14 accused and they gave explanation and that he collected the medical certificates of the injured from Dr.R.P.Vijaya Shekar (LW.7) and after completion of entire investigation he filed chargesheet against accused.
23.Whereas in the cross examination even PW.8 denied the suggestions put forth to him by the learned counsel for the accused. Thus, PW.8 evidence categorically estab- lished the investigation process undertaken by the prosecution in this case. Further- more, as seen from the evidence of PW.8, it is corroborating to the case of prosecution since it categorically depicts about the investigation done by the prosecution. Thus, as seen from the entire evidence placed by the prosecution, that the evidence of PW.1 and
PW.2 are corroborated with the evidence of PW.5 and PW.6, thus the prosecution suc- cessfully established the guilt of the accused beyond all reasonable doubts for the of- fence punishable under Section 324 r/w.34 of IPC against the Accused Nos.1 to 3. Thus this point is answered accordingly.
24.In the result, the Accused Nos.1 to 3 are found guilty for the offence punishable under Section 324 r/w.34 of IPC and hence they are convicted under Section 248 (2) of
Cr.P.C for the said offence.
Dictated to the Stenographer, typed by him, corrected and pronounced by me in
the open court on this the 6th day of January, 2017.
II METROPOLITAN MAGISTRATE
AT L.B. NAGAR, R.R.DISTRICT
25.Heard the accused on quantum of Sentence.Accused Nos.1 to 3 stated that they are the sole bread winners of their families and their entire families are dependent on them and that if they are put behind the bars then their families will starve and re- quested to take lenient view. However on considering the facts and circumstances of the case and also the nature of offence I am not inclined to extend the benefits of Pro- bation of Offenders Act. But in the circumstances it would be appropriate to impose fine of Rs.1,000/- each for the offence u/s. 324 r/w.34 of IPC.
15
26.In the result, the Accused Nos.1 to 3 are found guilty of the offence punishable u/s. 324 r/w.34 of IPC and they are convicted for the said offence u/s. 248 (2) of Cr.P.C., and they are sentenced to pay fine of Rs.1,000/- each for the offence punishable u/s.
324 r/w.34 of IPC and in default of payment of fine, each accused shall undergo simple imprisonment for one month. The accused are appraised of their right to appeal against this Judgment. The accused stated they have got means to engage counsel.
Dictated to the Stenographer, typed by him, corrected and pronounced by me in
the open court on this the 6th day of January, 2017.
II METROPOLITAN MAGISTRATE
AT L.B. NAGAR, R.R.DISTRICT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTIONFOR DEFENSE
PW.1A.VenkataiahNIL PW.2Saraswathi PW.3R.Ravi Kumar PW.4Yadaiah PW.5Venkatachary PW.6Venkat Reddy PW.7Dr.Venkat Ramana PW.8Abdul Hameed
Exhibits Marked
FOR PROSECUTIONFOR DEFENSE
Ex.P1Complaint NIL Ex.P2Section 161 Cr.P.C statement Ex.P3Signature portion on scene of offence panchanamma Ex.P4Scene of offence panchanamma Ex.P5Medical certificate of A.Saraswathi Ex.P6Medical certificate of A.Venkataiah Ex.P7FIR
Exhibits marked for defence
Nil
Material Objects Marked 16
NIL
II METROPOLITAN MAGISTRATE,
AT L.B. NAGAR, R.R. DIST.
17
IN THE COURT OF THE II METROPOLITAN MAGISTRATE
CYBERABAD AT LB. NAGAR
Present: SMT B.SRIDEVI II Metropolitan Magistrate Cyberabad at LB Nagar.
Dated on this the 6th day of January, 2017
C.C. No.434/2015
Between:-
The State of AP through PS Meerpet. …Complainant
And
1.Cheguri Srihari, S/o.Yadaiah, Age: 48 years, Occ: Driver at Slate School, H.No.17-1-391/76, New Subramanyam Nagar, Saidabad, Hyderabad.
2.Masna Sandeep, S/o.Mallaiah, Age: 28 years, Occ: Driver at Slate School, H.No.3-1-668, Maithripuram, LB Nagar, Saroornagar Mandal, Ranga Reddy District. N/o.Kistarampally Village, Chinthapally Mandal, Nalgonda District.
3.Rodda Yadagiri, S/o.Late Rama Swamy, Age: 43 years, Occ: Driver at Slate School, H.No.2-9-37/A, Bharath Nagar, Uppal Mandal, Ranga Reddy District.
… Accused No.1 to 3
This case came before me for final hearing in the presence of the Asst. Public Prosecutor for the State and of Sri. B.Shyam, Counsel for the Accused and having stood over for consideration till this day, the Court delivered the following:-
J U D G M E N T
The Sub-Inspector of Police, Meerpet Police Station laid charge sheet in
Cr.No.106/2015 against accused for the offence punishable under Section 324 r/w.34 of
IPC.
2.The brief facts of the case as set out in the charge sheet are that : on 13.02.2015 at 1100 hours received a complaint from complainant stating that on 12.02.2015 at 18 about 1000 hours when he along with his wife Saraswathi both sat in Slate school bus near slate school, mean time one Sri Hari and Sandeep and Yadagiri came to them and abused in most vulgar language and beat them both with hands and sticks and caused injuries. Hence, requested to take necessary action.
3.Basing on the complaint, Abdul Hameed, Sub-Inspector of police (LW.8), Sub-
Inspector of police registered a case in Cr.No.106/2015 u/s.324 r/w.34 of IPC and took up the investigation. During investigation, Abdul Hameed, Sub-Inspector of police collected the evidence of Aithapaga Venkataiah (LW.1) and inspected the scene of offence, secured the presence of M.Venkat Reddy (LW.5) and Ch.Yadaiah (LW.6) and conducted scene of offence panchanamma and observations were brought on record and thorough enquiries were also caused at the place of occurrence to get complete facts and circumstances related to this case and in due course of investigation examined and recorded statements of A.Saraswathi, N.Venkatesh Chary and P.Ravi
Kumar (LW.2 to LW.4) and incorporated in Part-II CDs. The Dr.R.P.Vijaya Shekar (LW.7) treated Aithapaga Venkataiah (LW.1) and A.Saraswathi (LW.2) opined that the injuries sustained by them are simple in nature.
4. Cognizance was taken against accused for the offence punishable under Section 324 r/w.34 of IPC.
5. On appearance of accused, they were examined Under Sec. 239 Cr.P.C
Accused denied the charge sheet allegations. On consideration, charge under Section 324 r/w.34 of IPC have been framed, read over and explained to them, to which they pleaded not guilty and claimed to be tried.
6. To prove its case, the prosecution examined PWs.1 to 8, Exs.P1 to P7 are marked.
7.After closure of the prosecution evidence the accused was examined under
Section 313 Cr.P.C by explaining the incriminating evidence found against him in the 19 prosecution evidence, for which the accused denied the same and reported no defence evidence.
8.Heard both sides. Perused the material available on record.
9. Now the Point for consideration is:
“Whether the prosecution proved the guilt of the Accused for the offence
punishable U/s Section 324 r/w.34 of IPC beyond all reasonable doubts?
10. In order to support its case prosecution has examined the witnesses as PWs.1 to 5 and got marked Ex.P1 to Ex.P7. The defence of the accused is one of the total denial.
Hence the evidence of PWs.1 to 5 and Ex.P1 to P7 stands for scrutiny.
11.PW1 (A. Venkataiah) deposed that on 12/2/2015 at 10.00 am he completed his duty of dropping the school children in the school and he was waiting along with wife in the bus for picking up the school children after completion of school on that day and himself and A.Saraswathi (LW2) are working at Slate the school at RN Reddy Nagar as bus driver and Van mother respectively. When himself and A.Saraswathi (LW2) were sit- ting in the bus then A1 to A3 came to the bus with sticks in their hands and bet him and his wife and that he sustained injury on his head and his wife sustained injury on her lips. The accused threatened us to kill and hence he took the bus and went to hospital for treatment. The accused wantedly bet us without any reason and the accused 1 to 3 who are standing in the court hall today are the said persons who bet us and that he lodged the report under Ex.P1.
12.Whereas in the cross examination PW.1 categorically denied the suggestions put forth to him by the learned counsel for the accused and stood consistent with his evidence stated in his chief examination. Therefore, as seen from the entire evidence of
PW.1, nothing worthwhile was elicited by the learned counsel for the accused in order to discredit the evidence of PW.1. Thus the evidence of PW.1 is trust worthy.
13.PW2 (Saraswathi) She deposed that on 12/2/2015 at 10.00 am PW1 and herself completed our duty of dropping the school children in the school and she along with 20
PW1 were eating food in the bus and waiting for picking up the school children after completion of school on that day and herself and PW1 are working at Slate the school at RN Reddy Nagar as Van mother and bus driver respectively. When herself and PW1 were sitting in the bus then A1 to A3 came to the bus with sticks in their hands and bet her and her husband and that PW1 sustained injury on his head and that she sustained injury on her lips and right hand. PW.2 further stated that the accused threatened to kill them and hence they took the bus and went to hospital for treatment. The Accused
Nos.1 to 3 who are standing in the court hall today are the said persons who bet them.
14.In the cross examination PW.2 denied the suggestions put forth to her by the learned counsel for accused and she also stood consistent with the evidence stated in her chief examination. Thus, the evidence of PW.2 is corroborating to the evidence of
PW.1 and hence the evidence of PW.2 is believable.
15.PW.3 and PW.4 turned hostile and did not support the case of the prosecution.
Thus the evidence of PW.3 and PW.4 is of no use to the case of prosecution.
16.PW5 (Venkatachary) deposed that on 12/2/2015 at about 10.00AM while he was in front of his house at Hanuman Nagar, RN Nagar and he found that the accused was beating PW1 and 2 with sticks and hands and that he intervened and separated ac- cused and PW1 and PW2. PW1 and PW2 sustained injuries on head and cheecks.
17.Whereas in the cross examination PW.5 categorically denied the suggestion put forth to him. As seen from the evidence of PW.5 who is independent witness in this case he categorically stated that he found the accused beating PW.1 and PW.2. Therefore, from the evidence of PW.5, the occurrence of alleged offence is established and the evi- dence of PW.5 is corroborating with the evidence of PW.1 and PW.2.
18.PW6 (Venkat Reddy) deposed that on 13/2/2015 at about 12.00 PM the police conducted scene of offence panchanama at Slate School, RN Reddy Nagar and that he 21 came to know that one day prior to the panchanama some galata took place there and after completion of entire panchanama he signed on same. Ex.P4 is the scene of of- fence panchanama.
19.However, as seen from the evidence of PW.6, the conducting of scene of offence panchanamma is established by the prosecution. Therefore, Ex.P4 scene of offence is established.
20.PW7 (Dr. Venkat ramana) deposed that Dr. Vijay Shekar worked in their hospital in the year 2015 and their hospital received summons and he came on behalf of hospi- tal to depose the evidence. Basing on record he was deposing evidence and that on 12/2/2015 the patients by name A. Saraswathi and Venkatesh were examined by Dr. Vi- jay Shekar and accordingly medical certificates of them were issued and as per the same the injuries are simple in nature. Ex.P5 is the medical certificate of A. Saraswathi,
Ex.P6 is medical certificate of A. Venkatesh.
21.However, in the cross examination PW.7 categorically stated that he does not have personal knowledge about the issuance of medical certificates and he did not ex- amine injured. Therefore, PW.7 evidence is not of much use to the case of prosecution.
But from the evidence of PW.7, it can be considered to the limited extent of sustaining of injuries by the injured.
22.PW8 (Abdul Hameed) deposed that on 13/2/2015 at 1100 hrs, and he received a complaint from PW1 and basing on the strength of the same he registered a case in
Cr.No. 106/2015 u/s.324 r/w 34 of iPC and issued FIR. Ex.P7 is the FIR and thereafter he took up the investigation. During the course of investigation he examined and recorded the statements of PW1,PW2, PW3 and PW5. Thereafter he visited the scene of offence and he conducted the scene of offence panchanama in the presence of PW6 and PW4. While investigation was under progress he issued Sec. 41 Crpc notice to the 22 accused and they gave explanation and that he collected the medical certificates of the injured from Dr.R.P.Vijaya Shekar (LW.7) and after completion of entire investigation he filed chargesheet against accused.
23.Whereas in the cross examination even PW.8 denied the suggestions put forth to him by the learned counsel for the accused. Thus, PW.8 evidence categorically estab- lished the investigation process undertaken by the prosecution in this case. Further- more, as seen from the evidence of PW.8, it is corroborating to the case of prosecution since it categorically depicts about the investigation done by the prosecution. Thus, as seen from the entire evidence placed by the prosecution, that the evidence of PW.1 and
PW.2 are corroborated with the evidence of PW.5 and PW.6, thus the prosecution suc- cessfully established the guilt of the accused beyond all reasonable doubts for the of- fence punishable under Section 324 r/w.34 of IPC against the Accused Nos.1 to 3. Thus this point is answered accordingly.
24.In the result, the Accused Nos.1 to 3 are found guilty for the offence punishable under Section 324 r/w.34 of IPC and hence they are convicted under Section 248 (2) of
Cr.P.C for the said offence.
Dictated to the Stenographer, typed by him, corrected and pronounced by me in
the open court on this the 6th day of January, 2017.
II METROPOLITAN MAGISTRATE
AT L.B. NAGAR, R.R.DISTRICT
25.Heard the accused on quantum of Sentence.Accused Nos.1 to 3 stated that they are the sole bread winners of their families and their entire families are dependent on them and that if they are put behind the bars then their families will starve and re- quested to take lenient view. However on considering the facts and circumstances of the case and also the nature of offence I am not inclined to extend the benefits of Pro- bation of Offenders Act. But in the circumstances it would be appropriate to impose fine of Rs.1,000/- each for the offence u/s. 324 r/w.34 of IPC.
23
26.In the result, the Accused Nos.1 to 3 are found guilty of the offence punishable u/s. 324 r/w.34 of IPC and they are convicted for the said offence u/s. 248 (2) of Cr.P.C., and they are sentenced to pay fine of Rs.1,000/- each for the offence punishable u/s.
324 r/w.34 of IPC and in default of payment of fine, each accused shall undergo simple imprisonment for one month. The accused are appraised of their right to appeal against this Judgment. The accused stated they have got means to engage counsel.
Dictated to the Stenographer, typed by him, corrected and pronounced by me in
the open court on this the 6th day of January, 2017.
II METROPOLITAN MAGISTRATE
AT L.B. NAGAR, R.R.DISTRICT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTIONFOR DEFENSE
PW.1A.VenkataiahNIL PW.2Saraswathi PW.3R.Ravi Kumar PW.4Yadaiah PW.5Venkatachary PW.6Venkat Reddy PW.7Dr.Venkat Ramana PW.8Abdul Hameed
Exhibits Marked
FOR PROSECUTIONFOR DEFENSE
Ex.P1Complaint NIL Ex.P2Section 161 Cr.P.C statement Ex.P3Signature portion on scene of offence panchanamma Ex.P4Scene of offence panchanamma Ex.P5Medical certificate of A.Saraswathi Ex.P6Medical certificate of A.Venkataiah Ex.P7FIR
Exhibits marked for defence
Nil
Material Objects Marked 24
NIL
II METROPOLITAN MAGISTRATE,
AT L.B. NAGAR, R.R. DIST.
25 26