IN THE COURT OF THE ASSISTANT SESSIONS JUDGE AT HUZURNAGAR
(Thursday, the 25th day of March, 2021)
PRESENT: Smt. B. Sridevi,
Assistant Sessions Judge,
Miryalaguda.
FAC: Assistant Sessions Judge,
Huzurnagar.
SESSIONS CASE No. 306 of 2013
(P.R.C. No.16/2013 on the file of the J.M.F.C. Kodad in Crime No.174/2012 of P.S. Kodad Rural)
COMPLAINANT:The State through Circle Inspector of Police, P.S. Kodad Rural. ACCUSED:
A-1: Bathula Samba Siva Rao S/o Koteshwar Rao, age: 35 years, Vaddera by caste, Occu: Auto Driver, R/o Dharmapuri colony, Vinukonda village and Mandal of Guntur District.
A-2: Ustyala Chinna Kashaiah S/o Chenna Keshavulu, age: 30 years, Mala by caste, Occu: Coolie, R/o B.L. Colony, Gollapally Mandal of Guntur District,
A-3: Bandari Durgaiah S/o Bakkaiah, age: 45 years, Pichakuntla by caste, Occu: Plumber, R/o Padmavathi colony, Near Little Lilly School, Uppal, Hyderabad,
A-4: Anthu Venkateshwar Rao S/o Subba Rao, age: 30 years, Naidu by caste: Occu: Car driver, R/o Seethanagar, Vinukonda village and Mandal of Guntur District,
A-5: Mudavath @ Banavath Hanuma Naik @ Kotya Naik S/o Sevya Naik, age: 38 years, Lambada by caste: Occu: Agriculture, R/o Indira Colony, Karampudi village and Mandal of Guntur District,
A-6: Pachigolla Ravi Varma S/o Prasada Rao, age: 33 years, Madiga by caste, Occu: Executive in Force motors, Vinukonda, R/o Hanumannagar, Tank line, Vinukonda village and Mandal of Guntur District,
A-7: Yendulri Nageshwar Rao S/o Buchi Babu, age: 27 years, Choudary by caste, Occu: Driver of Bolero bearing No.AP-05-S-6456, R/o Khammampad village, Nuzendla Mandal of Guntur District.
A-8: Ganji Prasanna Kumar S/o Venkateshwarlu, age: 21 years, Padmasali by caste, Occu: Photographer, R/o Bonded Labour Colony, Karampudi (v), Bollapally Mandal of Guntur District.
A-9: Shaik Moulali S/o Saida, age: 35 years, Occu: Lorry driver, R/o Piduguralla of Guntur District. (Case against A-9 is abated since he died)
Offences Charged :U/Sec.489 (B)(C)(D) r/w 34 IPC and under Section 25(1)(1-AA) of Indian Arms Act, 1959
Assistant Sessions Judge Huzurnagar
S.C.No.27 of 2015 Page 2 of 10
Plea of the Accused:Pleaded not guilty.
Finding of the Court:Found
SENTENCE OR ORDER:
IN THE RESULT,
Prosecution conducted by:Sri Addl. P.P.
Accused is defended by:Sri CH. Krishnaiah & Sri K. Narsimha Rao, Advocate.
This case coming before me for final hearing on 18-03-2021 in the presence of Sri N. Satyanarayana, Learned Additional Public Prosecutor and of Sri CH. Krishnaiah & Sri K. Narsimha Rao, Learned counsels for accused and having perused the evidence adduced and exhibits marked and other material papers on record having heard both sides and stood over for consideration this Court has delivered the following:
: J U D G M E N T:
1.The accused arraigned before this court for the offence punishable under Section 489 (B)(C)(D) r/w 34 IPC and under Section 25(1)(1-AA) of
Indian Arms Act, 1959. of Kodad Rural Police Station in Crime No.174/2012.
2.The Circle-Inspector of Police, Kodad Rural Police Station filed charge sheet under Section 173 of Code of Criminal Procedure with the following averments, in brief:-
(a)That on dated 03-09-2012, the LW-15 P. Srinivas Naidu, Circle Inspector of Police, Kodad Rural, along with Police personnel (i.e.) LWs.1 to 7 namely
Syed Abdul Khader Jilani, Chakrahari Purender Bhatt, Bellamkonda
Ramachander Goud, Chamakuri Srinivas, Sripadi Manohara Chary, Ramineni
Manohar, Lanjapally Ramesh were performing vehicle checking at the outskirts of Durgapuram village near Bypass road on NHW No.65 (old No.9) under the limits of Kodad Rural P.S., they stopped one Bolero bearing No.AP-05-S-6456, which was coming from Vijayawada side under suspicious circumstances and when said
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Bolero was stopped, they tried to escape from there, upon which the Police party apprehended the seven inmates of said Bolero vehicle, on which, LW-15 CI of Police Kodad Rural questioned the passengers of vehicle, on which, they were not in a position to give satisfactory answer further on checking the vehicle, they found some fake currency, one colour printer and one sword and other electronic items, which are believed to be used for printing fake currency.
A confession and seizure panchanama was recorded by LW-15 in the presence of mediators and the same was sent to PS Kodad Rural with instructions to register a case and sent the CD file for further investigation at 11.00 a.m., at by-pass road, Durgapuram, Kodad Mandal, you in furtherance of common intention, that about one week back, one party contacted you A-1 and asked some fake currency notes, upon that you A-1 to A-3 have printed fake currency notes of Rs.1,90,000/- with the help of you A-8 and A-9 and you A-1 to A-7 you proceeded to Hyderabad from
Vinukonda in the morning hours in one Bolero bearing No.AP-05-S-6456 of you A-7 by carrying fake currency notes to sold counterfeit currency notes to the above said party knowing or having reason to believe the same to be forged or counterfeit at 18.00 hours, the complainant LW-1 Shaik Shafi came to police station and lodged a Telugu written petition stating that, for the past few days his father
Sk. Gouse addicted to consume alcohol. His father used to harass and beat his mother Jani Begum for money. About two days ago, his father harassed his mother to give money, but his mothers refused to give money, on that his father got angry. On 14-09-2014, morning at about 4.00 a.m., while his mother was in slumber in their house, his father stabbed his mother with vegetable cutting knife over her chest, throat, cheek and attempted to kill her. Immediately they shifted his mother to Khammam Hospital and got
S.C.No.27 of 2015 Page 4 of 10 admitted her for treatment. Hence, he requested to take legal action against his father.
That you A-1 to A-8 along with A-9 on or about 03rd day of September, 2012 at 11.00 a.m., at by-pass road, Durgapuram, Kodad Mandal, you in furtherance of common intention, that about one week back, one party contacted you A-1 and asked some fake currency notes, upon that you A-1 to A-3 have printed fake currency notes of Rs.1,90,000/- with the help of you A-8 and A-9 and you A-1 to A-7 you proceeded to Hyderabad from Vinukonda in the morning hours in one Bolero bearing No.AP-05-S-6456 of you A-7 by carrying fake currency notes to sold counterfeit currency notes to the above said party knowing or having reason to believe the same to be forged or counterfeit and that you A-1 to 8 committed an offence punishable under Section 489-B r/w 34 IPC and within the cognizance.
CHARGE NO.2:
That you A-1 to A-8 along with A-9 on the same date, time and place mentioned in charge No.1, while the C.I. of Police, Kodad Raual and with S.I. of Police of Kodad Rural and Chilkur and his staff were performing vehicle checking, you in furtherance of common intention proceeded to Hyderabad in Bolero bearing No.AP-05-S-6456 possessed with fake currency notes and when you reached the place of incident, the police officials stopped your vehicle and apprehended you A-1 to
A-7 and on checking you A-1 to A-7, you possessed fake currency notes of Rs.1,90,000/- (Rupees One lakh ninety thousand only) printed by you
A-8 along with A-9, knowing or having reason to believe the same as counterfeit currency and intended to use the same as genuine and that you A-1 to A-8 committed an offence punishable under Section 489-C r/w 34 IPC and within the cognizance.
CHARGE NO.3:
That you A-1 to A-8 along with A-9 on the same date, time and place mentioned in charge No.1, while the C.I. of Police, Kodad Raual along with S.I. of Police of Kodad Rural and Chilkur and his staff were performing vehicle checking, you in furtherance of common intention, proceeded to Hyderabad in Bolero bearing No.AP-05-S-6456 and when
Contd…3rd page… …3rd page…
S.C.No.27 of 2015 Page 5 of 10 you reached the place of incident, the police officials stopped your vehicle and apprehended you A-1 to A-7 and on checking you A-1 to A- 7, they found deadly weapons, fake currency notes of Rs.1,90,000/- and its manufacturing instruments. You A-1 to A-7 disclosed that according your plan you circulated the fake currency notes to the needy persons at their demand for your wrongful gain. About one weed back, one party have contacted you A-1 and asked some fake currency notes, upon that you A-1 to A-3 printed fake currency notes of
Rs.1,90,000/- by you A-8 and A-9 who are expert in printing fake currency notes with the help of printer cum scanner and that you A-1 to A-8 committed an offence punishable under Section 489-D r/w 34
IPC and within the cognizance.
CHARGE NO.4:
That you A-4 to A-6 on the same date, time and place mentioned in charge No.1, you A-4 to
A-6 were travelling in Bolero bearing No.AP-05-S-6456 along with A-1 to A-3 and A-7 with deadly weapons like knifes to protect other accused and when you reached the incident place, the police officials of Kodad Rural stopped your vehicle and found deadly weapons of knifes in possession of you A-4 to A-6 and that you thereby committed an offence punishable under Section 25(1)(1A) of Arms Act, 1959 and within the cognizance.
(b)Basing on the above report, LW-11 P. Seenaiah, Sub-Inspector of Police registered a case in Crime No.194/2014 under Section 307 IPC and took up the investigation. During the course of investigation, LW-11 examined the complainant LW-1 Shaik Shafi at Police Station and recorded his statement, visited the scene of offence i.e., the house of accused situated at
Venkataipalem and observed the scene, conducted scene of offence panchanama in the presence of panchas LW-8Samula Pulla Reddy and LOW-9
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Naidu Anjaneyulu and drawn rough sketch and seized blood stains from the floor with the help of knife and preserved in a bottle under the cover of same panchanama. On 15-09-2014, again LW-11 visited Venkataipalem, examined
LW-2 Shaik Moulana, LW-3 Shaik Salma, LW-4 Shaik Gousiya, LW-5 Shaik Meer and LW-6 Shaik Mahabubi and recorded their statements. Thereafter, visited
Sparsha Super Speciality Hospital, Khammam, examined the injured as LW-7
Shaik Jani Begum and recorded her statement.
(c)On 16-09-2014 at 20.00 hours, LW-11 arrested the accused at his house at Venkataipalem, recorded the confessional statement of accused in the presence of LW-8 Samula Pulla Reddy and LW-9 Naidu Anjaneyulu and seized a knife which was used by him in commission of offence from his possession under cover of panchanama and sent the accused for judicial remand. The
LW-10 Dr. B.L. Narsimha Rao, who treated LW-7 furnished wound certificate and opined that injury received by LW-7 is simple in nature. After completion of the investigation, LW-11 P. Seenaiah, Sub-Inspector of Police filed charge sheet against the accused for the offence under Section 307 IPC.
3.The learned Judicial First Class Magistrate, Huzurnagar took cognizance of the offence punishable under Section 307 IPC vide P.R.C.No.59/2014 and committed the above case to the Hon’ble Court of Sessions, Nalgonda under
Section 209(a) of Code of Criminal Procedure. The Hon’ble Principal District and Sessions Judge, Nalgonda made over this case to this court for disposal according to law.
4.On appearance of the accused, he is examined under Section 228(1)(b) of Code of Criminal Procedure and charge was framed for the offence punishable under Section 307 IPC and same was read over and explained in
Telugu and he pleaded not guilty and claimed to be tried.
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5.During the course of trial, on behalf of the prosecution PWs.1 to 4 are examined and got exhibited Exs.P-1 to P-5. PW-1 is the complainant and son of injured and accused, PWs.2 and 3 are eyewitnesses and PW-4 is the investigating officer.
6.After closure of prosecution evidence, the accused was examined under
Section 313 of Code of Criminal Procedure by explaining the contents of incriminating evidence adduced against him by the prosecution in the prosecution evidence, which he again denied. The accused repeated no defence evidence on his behalf.
7.After closure of evidence, this court heard the arguments on either sides and perused the entire record.
8.Now the point for determination is;
Whether the prosecution has proved the guilt of the accused for the offence punishable under Section 307 IPC beyond all reasonable doubt?
9.POINT:
Shortly stated the allegations leveled against the accused are that on 14-09-2014 at 4.00 a.m., while the mother of PW-1 was in slumber in their house, his father i.e., accused stabbed his mother with vegetable cutting knife over her chest, throat and cheek and attempted to kill her.
10.As seen from the evidence of PW-1, he deposed in his chief-examination that on the date of alleged incident, he was not at home and after coming back, he observed an injury on the neck of PW-4. He do not know, who injured her and do not know what happened. He lodged complaint under Ex.P- 1 and police examined him. Whereas, in the cross-examination of PW-1 denied the suggestions. However, as seen from the evidence Pw-1 he categorically stated that he do not know who injured her and do not know what happened.
S.C.No.27 of 2015 Page 8 of 10
Therefore, from the evidence of PW-1, the identity of the accused with the alleged offence is not established. Thus, PW-1 evidence is of no use to the case of prosecution.
11.PW-2, who is said to be eyewitness and the son-in-law of injured deposed that he do not know anything about the case facts and he did not see anything. Police never examined him. Hence, PW-2 turned hostile and his evidence is of no use to the case of prosecution.
12.PW-3, who is said to be eyewitness and daughter of injured deposed that she do not know anything about the case facts and she did not see anything. Police never examined her. Thus, PW-3 also turned hostile and did not support the case of prosecution.
13.PW-4, who is said to be injured stated in her evidence categorically that a quarrel was going on in front of their house and somebody hit her and she received injury. She do not know who hit her and she do not know anything about the case facts. Police never examined her.
14.PW-4, who is said to be the alleged victim in this case, she did not depose any particulars with regard to the identity of the accused. Therefore, even PW-4 evidence is not sufficient to establish the alleged identity of the accused with the alleged offence. Hence, PW-4 evidence is of no use to the case of prosecution.
15.The prosecution got marked Ex.P-1 complaint, but PW-1 did not depose anything in favour of the prosecution and did not support the allegations made in Ex.P-1 complaint. The prosecution has also got marked Exs.P-2 to P- 5, which are the statements of the victim under 161 Cr.P.C. However, mere marking of statements is not sufficient to prove allegations made by the prosecution against the accused. Thus, the prosecution utterly failed to prove
S.C.No.27 of 2015 Page 9 of 10 the guilt of the accused beyond all reasonable doubts for the offence under
Section 307 IPC. Hence, the accused is entitled for benefit of doubt in his favour and thereby acquittal. Thus, the point is answered accordingly.
16.IN THE RESULT, the accused is found not guilty for the offence punishable under Section 307 IPC and hence he is hereby acquitted under
Section 235(1) of Code of Criminal Procedure for the said offence. The bail bonds of accused shall stand cancelled and surety bonds are discharged after expiry of appeal time. The unmarked property, if any, shall be disposed as per law after expiry of appeal period.
Dictated to the Stenographer (Gr.II), transcribed by him, corrected and
pronounced by me in the open Court on this the 07th day of November, 2019.
Sd/-
ASSISTANT SESSIONS JUDGE
MIRYALAGUDA
FAC: ASSISTANT SSESSIONS JUDGE
HUZURNAGAR
: APPENDIX OF EVIDENCE :
WITNESSES EXAMINED
FOR PROSECUTION:
PW-1: (LW-1):Shaik Shafi:Complainant
PW-2:(LW-2):Shaik MoulanaEyewitness
PW-3:(LW-3):Shaik SalmaEyewitness
PW-4:(LW-7):Shaik Jani Begum
FOR DEFENCE: - NIL -
: EXHIBITS MARKED :
FOR PROSECUTION:
Ex.P-1Dt.14-09-2014… Complaint given by Pw-1
Ex.P-2 Dt.14-09-2014… 161 Cr.P.C. statement of PW-1
Ex.P-3Dt.15-09-2014… 161 Cr.P.C. statement of
S.C.No.27 of 2015 Page 10 of 10
PW-2
Ex.P-4Dt. 15-09-2014… 161 Cr.P.C. statement of PW-3
Ex.P-5 Dt.15-09-2014… 161 Cr.P.C. statement of PW
FOR DEFENCE: - NIL -
MATERIAL OBJECTS MARKED: - NIL –
Sd/-
ASSISTANT SESSIONS JUDGE
MIRYALAGUDA
FAC: ASSISTANT SSESSIONS JUDGE
HUZURNAGAR