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IN THE COURT OF THE I ADDITIONAL ASSISTANT SESSIONS
JUDGE :: KAKINADA
Present: SRI B.SRINIVASU
I Addl. Assistant Sessions Judge
Monday, this the 20th day of January, 2025
SESSIONS CASE NO.301/2023
P.R.C.No.39/2020 of Special Mobile Judicial First Class Magistrate Court, Kakinada in Cr.No.131/2020 of S.H.O., Sarpavaram P.S.
Between:
The State Sub-Inspector of Police, Sarpavaram P.S. … Complainant.
And
1. Kavulu Sai Kumar, S/o.Venkata Ramana @ Venkata Rao, aged 19 years,
C/Rellie, D.No.3-17B-50/15, Raja Rama Ratna Nagar, Godarigunta, Kakinada.
2. Kavulu Venkata Ramana @ Venkata Rao, S/o.China Ramulu, aged 45 years, C/Rellie, D.No.2-24-26, 3rd street, Perrajupeta, Kakinada.
… Accused.
This case has come before me on 10.01.2025 for hearing in the presence of Sri G.Rathnam Babu, Additional Public Prosecutor on behalf of the Prosecution and of Sri Y.Subrahmanyam, Advocate for the accused. Upon perused the material on record and upon having stood over the matter till this day, this Court made the following:-
J U D G M E N T
1.The Sub Inspector of Police, Sarpavaram P.S, filed charge sheet against the accused Nos.1 and 2 for the offences punishable under Sections 307, 506 r/w 34 of IPC.
2.The brief facts of the charge sheet are that, on the evening of 06.04.2020 at about 4.30P.M., the injured LW2 left his house along with LW9 Golladi Yesubabu @ Yesu and also LW1, went 2 FairJudgment in S.C.301/2023
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to the play ground situated at Chinnaravu Cheru adjacent to the compound wall of NFCL for playing GOOTI BILLA. At the time of they reached to the ground LW10 Shaik Subhani, Kosi Appanna, A1 and some others were present there. LW2 with Kojjavarapu Raju and Chaniboina Veerababu and one another formed as one team. The accused A1 along with LW9, LW10 and another formed as counter team. While they were playing GOOTI BILLA,
LW10 beat GOOTI BILLA and the same declared as out. A1 discussed with
LW2 against his decision. When LW2 asked A1 for the cancellation of the play, A1 abused him, besides threatening that he will get hacking with his elder brothers, if anybody comes to the ground from the next day onwards. It leads to a scuffle between LW2 and A1 and in the scuffle when LW2 slapped
A1, the A1 bitten on the left ear of LW2 and in turn LW2 beat on the left eye of A1 with a small stick. Meanwhile some of the persons who present there were separated both of them. A1 went away by threatening with dire consequences. Thereafter at about 5.45 P.M, on 06.04.2020 while the LW2 was present along with the injured LW1 and LW3 by the side of the road in front of his house, A1 along with A2 came to the him and A2 showed the LW2 to A2 by disclosing that he is the person beat him at the ground. In turn A2 fisted on the stomach of LW2 for about three times. Meanwhile A1 stabbed on the left side of the belly of LW2 with a knife by challenging as “Raara
Indaka Nannu Kottavu, Ippedu Rara Champestanu”. Again A1 stabbed below the right shoulder of LW2. While LW1 tried to rescue the LW2, the accused A1 initially stabbed below his left shoulder and gain when tried to 3 FairJudgment in S.C.301/2023
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stabbing him, when he restrained the same, he received injury to his right palm. When LW1 raised alarm as “Sai Champestunnadu” when LW3 tried to rescued LW1, the accused A1 stabbed on his stomach and on the right side of his chest. Meanwhile Kowlu Rambabu who is the relative of A1 and A2 who rushed there and the neighbour of the locality who gather there were tried rescued the LW1 to LW3. A1 threatened them with dire consequences by showing the knife. On seeing the gathering of the neighbours, A1 and A2 were absconded with knife from there. LW1 to LW3 received injuries in the hands of A1 and A2. LW10, LW9 shifted LW2 on motor cycle, Shaik Subhani shifted LW3 on his motor cycle and Kojjavarapu Raju and Maddila Chinna shifted LW1 on a Motor Cycle to Government General Hospital, Kakinada and to admit there. LW13 received MLC intimations of the LW1, LW2 and LW3, from the medical officer, Government General Hospital, Kakinada and recorded the statement of the LW1 and sent the same to the Station House
Officer, Sarpavaram Police Station on the point of jurisdiction. The LW15 received MLC intimations of the LW1 to LW3, statement of the LW1 from the
Station House Officer, out post police station, Government General Hospital,
Kakinada and registered the same as FIR in Cr.No.131/2020 U/Sec.307 r/w 34 of IPC of Sarpavaram Police Station on 06.04.2020 at 9.00 P.M., and submitted the original FIR along with the original statement of the LW1 and statement of LW1 to LW3 to the Hon’ble court and copies of FIR to all the concerned officers and took for further investigation into the case. During the course of investigation the LW15 examined the LW1 to LW10 examined them 4 FairJudgment in S.C.301/2023
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under section of law 161 of Cr.P.C and recorded their statements, visited the scene of offense inspected the same in the presence of LW11, LW12 and got drafted the scene observation report, prepared rough sketches of the scene of offense and photographed the scene of offense in the presence of mediators. Added the section of law 506(2) IPC. During the course of investigation the LW15 seized the blood stained clothes of the LW1 to LW3 material objects M.Os.1 to 5. During the course of investigation the LW15 arrested the accused A1 and A2 on 09.04.2020 in the presence of mediators
LW11 and LW12 and seized the crime weapon i.e., blood stained knife and also blood stained clothes i.e., material objects 6 to 8 from the possession of the accused A1 and sent the accused A1 and A2 to the Hon’ble Court with remand report. The material objects 1 to 8 were sent to Regional Forensic
Science Laboratory, Vijayawada for analysis vide C.No.86/Chemical/SDPO-
K/2020, dated 22.04.2020 of SDPO, Kakinada and the same were analysed at
RFSL, Vijayawada and issued mentioned that item No.1 to 8. The above items 1 to 8 are examined, blood is detected on items 1 to 8. Origin of blood on items 1 to 8 of human, but the blood group could not be determined. The
LW14 who is the causality Medical officer, Government General Hospital,
Kakinada treated the LW1 to LW3 and issued wound certificates in respect of the LW1 to LW3 in which it is mentioned that the injury LW1 sustained 2 injuries and opined that the injuries are simple in nature. The LW2 sustained 3 injuries and the injuries are simple in nature. The LW3 sustained 3 injuries and the injuries 1 and 2 are grievous in nature as per the surgeon’s opinion.
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The LW16 took further investigation into the case and filed charge sheet against the accused. Hence the charge sheet.
3.The learned Special Mobile Judicial First Class Magistrate Judge,
Kakinada took cognizances for the offences Secs.307 and 506 r/w 34 of
Indian Penal Code against the accused. Since the offence under Secs.307 and 506 r/w 34 of Indian Penal Code is exclusively triable by Court of Sessions, the case was committed to the Hon'ble Principal District & Sessions Court,
Rajamahendravaram under Sec.209 (a) of Code of Criminal Procedure after serving copies of the case to the accused as required under Sec.207 of Code of Criminal Procedure. Subsequently, the Hon'ble Principal District and
Sessions Judge, Rajamahendravaram registered it as Sessions Case
No.301/2023 and made over the case to this Court for trial.
4.On hearing both sides, the charges are framed for offences punishable under Secs.307 and 506 r/w 34 of Indian Penal Code against the accused Nos.1 and 2, read over and explained to them in Telugu. The accused Nos.1 and 2 pleaded not guilty and claimed to be tried.
5.During the trial of the case, the prosecution examined P.Ws.1 to 12 and Exs.P1 to P12 are marked. M.Os.1 to 8 are also marked. The learned
Additional Public Prosecutor has given up the other witnesses stating that the
material witnesses have supported the case of prosecution.
6.Thereafter this court examined the accused Nos.1 and 2 under section 313 of Criminal Procedure Code by explaining the incriminating evidence available on record in Telugu, for which they denied the same.
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Further they reported no defence evidence on their behalf. Exs.D1 to D4 are marked on their behalf.
7.Heard the arguments of both sides. Perused the record.
8.Now the Point for determination is:
Whether the prosecution has proved the guilty of A1 and A2 for the offences punishable U/Secs.506 r/w 34 of IPC and sec.307 r/w 34 of IPC beyond all reasonable doubt?
9.Coming to the evidence of prosecution, the defacto complainant cum injured No.1 is examined as PW1. As per his evidence on 06.04.2020 at 4.00PM., in the evening he along with his friends i.e., one Raju, Hussain,
Yesu went to the vacant site situated at Chinnarao Cheruvu adjacent to the
NFCL wall to play Karrabilla (gutibilla). When they reached to the scene, PW2,
A1, PW6 and 7 were playing in the vacant site. At about 4.30PM., in the evening while they were playing game, in the middle of the game dispute took place between the PW2 and A1, exchange of words took place between the A1 and PW2, A1 threatened the PW2 by saying that if he plays game from tomorrow, he will kill him with the help of his brother and also abused him in a filthy language for which PW2 pushed the A1, both of them scuffled, A1 bite the right ear of the PW2 for which PW2 sustained bleeding injuries to his right ear. In the meanwhile they rushed to the scene separated both the A1 and
PW2 and thereafter they left from the premises and went away to their houses. At about 5.00 to 5.30 PM., in the evening in front of the house of
PW2 when he along with his cousin and brother i.e., PWs.2 and 3 were 7 FairJudgment in S.C.301/2023
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discussing about the incident took place in the playground, in the meanwhile
A1 and A2 went to the house of the PW2, A1 shown the PW2 to A2 by stating that PW2 beat the A2 for which A2 fisted the PW2 on his stomach thrice, A1 picked up the knife stabbed the PW2 on his stomach at left side and right side of his chest due to which PW2 sustained bleeding injuries to his stomach and chest. When he tried to rescue the PW2, A1 stabbed him on his right hand, left bicep, when A1 again tried to stab him he raised hands to stop him due to which he sustained bleeding injuries to his right palm. When PW3 try to stop the A1, A1 also stabbed the PW3 on his stomach at right side and right side of the chest for which PW3 sustained bleeding injuries. In the meanwhile neighbours reached to the scene, A1 threatened the neighbours that he will kill them when the persons reached to the scene A1 and A2 escaped from the scene along with knife, he was shifted to the Government Hospital, Kakinada on a motorcycle by one Raju and Chinna, PW2 Murali and PW3 Durga Prasad were also shifted to the Government Hospital, Kakinada by their friends on their motorcycles, police went to the Government Hospital, Kakinada and recorded his Ex.P1 statement, on the same day after one hour police examined him and recorded his statement, he handed over the blood stained shirt i.e., MO1 and blood stained night track i.e, MO2 to the police, MO3 is the knife used by the A1.
10.PW2 is the another injured cum the cousin of the PWs.1 and 3.
He also supported the entire evidence of the PW1 with regard to galata took place between him and A1 at the Chinnarao Cheruvu adjacent to the NFCL 8 FairJudgment in S.C.301/2023
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wall and also the incident took place at his house on the same day at 5.40PM.
As per his evidence on 06.04.2020 at 4.00PM., he along with PW1, one Yesu,
Raju, Subhani, Hussain and Basha went to the Pardhasaradhi Ground which is situated adjacent to the NFCL wall to play the Karrabilla, while they were playing Karrabilla as he along with PW1, Raju, Subhani are one team and A1,
Basha, Yesu are another team, while they were playing game, the exchange of words took place between him and A1, in that galata A1 threatened him that if anybody plays game from tomorrow he will kill him with the help of his brother and also abused him in a filthy language, when he questioned the A1 for abusing him and when he pushed the A1, A1 pushed him down and caught hold his neck and bitten his right ear, for which he sustained bleeding injuries. The persons who are playing at the scene rushed to the scene and separated them, they left the premises and went away to their respective houses. He further deposed that at about 5.40P.M., when he along with
PWs.1 and 3 were observing injury to his right ear at the cement road situated in front of his house, in the meanwhile A1 and A2 went to them, A1 showed the A2 to him by stating that he beat the A1, A2 caught hold his neck and fisted him in his stomach in thrice. A1 picked up the knife and stabbed him on his stomach at left side and right side shoulder for which he sustained bleeding injuries to his stomach and shoulder. When PW1 tried to rescue him
A1 stabbed the PW1 on his left hand and right hand bicep, when A1 again tried to stabbed the PW1, PW1 raised his hands to stop him for which PW1 sustained injury to his right palm. When PW3 tried to stop A1, A1 also 9 FairJudgment in S.C.301/2023
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stabbed the PW3 on his stomach below the naval side, right hand at bicep and right side of chest. Due to which PW3 sustained bleeding injuries. When neighbours reached to the scene, A1 and A2 escaped from the scene of offfence. He was shifted to the Government Hospital, Kakinada by the PW6 on a motorcycle, one Raju shifted the PW1 to the Government General Hospital,
Kakinada and PW3 was shifted to the Government General Hospital, Kakinada by one Subhani on their motorcycles, at the Government Hospital police examined him, he handed over his yellow coloured blood stained neck T-shirt i.e., MO4 and blood stained black shirt i.e., MO5 to the police, MO3 is the knife used by the A1.
11.Coming to the evidence of the PW3 who is the another injured cum brother of PW1 and cousin of PW2. He also supported the evidence of the PWs.1 and 2 with regard to incident took place at the house of PW2. As per his evidence on 06.04.2020 at about 5.30PM., in the evening, he along with PW1 and PW2 were discussing about the galata took place at the ground and about the injury of PW1 to his ear as A1 bitten him on his right ear, when they were discussing about the incident at the cement road situated in front of PW2, in the meanwhile A1 and A2 went to them, A1 shown the PW2 to the
A2 by stating that PW2 beat him, in the meanwhile A1 fisted the PW2 on his stomach thrice and A1 picked up the knife and stabbed the PW2 on his stomach at left side and on his right side shoulder due to which PW2 sustained bleeding injuries. When PW1 tried to rescue the PW2 A1 stabbed the PW1 on his left hand bicep, again when A1 tried to stabbed PW1, PW1 10 FairJudgment in S.C.301/2023
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raised hands to stop the A1 for which PW1 sustained injuries to his right palm. When he tried to stop the accused, A1 also stabbed him on his stomach at right side, right side chest and left hand for which he sustained bleeding injuries to his stomach, chest and left hand. A1 also threatened that if any one intervened he also stab them, when the neighbours reached to the scene
A1 and A2 escaped from the scene of offence, he was shifted to the
Government General Hospital, Kakinada by one Shaik Subhani on his motorcycle, one Raju shifted the PW1 to the Government General Hospital,
Kakinada for treatment, PW6 shifted the PW2 to the Government General
Hospital, Kakinada for treatment. Police examined him at the Government
General Hospital and recorded his statement, he handed over the red coloured blood stained stripped shirt i.e., MO6 to the police, MO3 is the knife used by the A1 to commit offence.
12.Coming to the evidence of PW4 who she is the wife of PW2. She also supported the evidence of the PWs.1 to 3 with regard to incident took place at the house of PW2 and injuries sustained by the PWs.1 to 3 in the hands of the A1 and also A2 fisted the PW2. As per her evidence on 06.04.2020 at about 4.45PM., in front of their house on a cement road when
PWs.1 to 3 were discussing about the incident took place at the playground and about the injury caused to the PW2 due to bitten by A1, in the meanwhile
A1 and A2 came to the scene, A1 shown the PW2 to the A2 by stating that
PW2 beat the A2, A2 caught hold the shirt collar of PW2 and fisted the PW2 on his stomach in three times, A1 picked up the knife stabbed the PW2 on his 11 FairJudgment in S.C.301/2023
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left side stomach and right side shoulder due to which PW2 sustained bleeding injuries, when PW1 tried to rescue the PW2, A1 stabbed the PW1 on his left hand bicep, again when A1 tried to stab the PW1, PW1 raised his hands to stop the PW1 for which PW1 sustained injuries to his right palm.
When PW3 tried to stop the A1, A1 also stabbed the PW3 on his stomach at left side below the naval and right side of his chest due to PW3 sustained bleeding injuries to his stomach, chest at right side, A1 threatened that if any one intervened, he also stab them, when neighbours reached to the scene,
A1 and A2 escaped from the scene of offence, PWs.1 to 3 were shifted to the
Government General Hospital, Kakinada, for treatment by their friends on motorcycles.
13.Coming to the evidence of PW5 who is the eye witness to the second incident and shifted the PW1 to the Government General Hospital,
Kakinada, along with one Raju. He also supported the evidence of the PWs.1 to 3 by stating that PWs.1 to 3 sustained injuries in the hands of A1 and A2 fisted the PW2 on his stomach. As per his evidence on 06.04.2020 at about 5.40PM., in the evening while he was proceeding to the house of PW2, when he reached to the house of PW2, when PWs.1 to 3 were talking each other,
A1 and A2 reached to the scene of offence, A2 fisted the PW2 thrice on his stomach, A1 picked up the knife, stabbed the PW,2 on his stomach at left side and right side shoulder due to which PW3 sustained bleeding injuries, when PW1 tried to rescue the PW2, A1 stabbed the PW1 on his left hand at bicep, again when A1 tried to stab the PW1, PW1 raised hands to stop him 12 FairJudgment in S.C.301/2023
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for which PW1 sustained injuries to his right palm. When PW3 tried to stop the A1, A1 also stabbed the PW3 on his stomach at right side below the naval and right side of his chest due to which PW3 sustained bleeding injuries, A1 threatened by shouting that if any one intervened he will kill them, when neighbours reached to the scene, A1 and A2 escaped from the scene. He along with one Raju shifted the PW1 to the Government General Hospital,
Kakinada for treatment on a motorcycle, PW2 was shifted to the Government
General Hospital, Kakinada, by the PW6 and 7, PW3 was shifted to the
Government General Hospital, Kakinada by one Subhani on a motorcycle.
14.PW6 is the eye witness to the first incident and he shifted the
PW2 to the Government General Hospital, Kakinada, for treatment along with
PW7. He also supported the evidence of the PWs.1 to 3 with regard to wordy altercation took place between the A1 and PW2 at the play ground. As per his evidence on 06.04.2020 at about 4.30PM., when he along with PW1, PW2,
PW7, A1, One Raju, Yesu, Hussain were playing gutibilla in the ground at
Chinnarao Cheruvu adjacent to the NFCL wall, wordy altercation took place between A1 and PW2 and in the said altercation A1 abused the PW2 for which
PW2 questioned the A1 and pushed him a side and A1 bitten the right ear of
PW2 due to which PW2 sustained bleeding injuries to his ear, he along with the others separated both parties and they went away to their houses. With regard to second incident he deposed as if he is an eye witness to the incident, but his evidence is contrary to his 161 Cr.P.C statement before the police. As per his 161 Cr.P.C statement I.e., as per Ex.D2, after came to 13 FairJudgment in S.C.301/2023
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know about the second incident he reached to the scene and shifted the PW2 to the Government General Hospital, Kakinada, along with PW7.
15.Coming to the evidence of PW7, he is the eye witness to the first incident took place at the play ground. He supported the evidence of the
PWs.1 to 3 and PW.6 with regard to wordy altercation took place between the
PW2 and A1. As per his evidence on 06.04.2020 at about 4.30PM., in the evening when he along with PWs.1 to 3, 5 and 6, A1 and others playing
Karrabilla (gutibilla) in the ground, the wordy altercation took place between
A1 and PW2, in the said galata PW2 and A1 pushed each other, A1 abused the PW2 in a filthy language and threatened that he will bring his brother and do not allow others to play in the ground and A1 bitten the right ear of PW2 for which PW2 sustained bleeding injury to his ear, he along with other separated both parties, and went away to their respective houses. With regard to second incident he deposed as if he is an eye witness to the incident, but his evidence is contrary to his 161 Cr.P.C statement before the police. As per his 161 Cr.P.C statement I.e., as per Ex.D4 is not eye witness to the second incident, after came to know about the second incident he reached to the scene and he along with PW6 shifted the PW2 to the
Government General Hospital, Kakinada for treatment.
16.PW8 is the Junior Maternal Aunt of the PWs.1 to 3 and eye witness to the second incident. She also supported the evidence of the PWs.1 to 5 with regard to injuries received by the PWs.1 to3 in the hands of A1 and also about A2 fisting the PW2. As per her evidence nearly 4 years back at 14 FairJudgment in S.C.301/2023
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about 5.30 to 6.00PM., in the evening when she present in the house she heard the cries in front of the house of PW2, she saw from her house i.e., from the first floor of the building and witnessed that A1, A2 and PWs.1 to 3 were on the road, in the meanwhile A2 fisted the PW2 thrice on his stomach and A1 stabbed PW2 on his stomach and on his hand. In the meanwhile when she came down from the house A1 also stabbed PW1 on his shoulder and on his hand and when PW3 intervened A1 also stabbed him on his shoulder and on his stomach below the naval and A1 threatened the persons present at the scene, when the people gathered, after seeing them A1 and A2 escaped from the scene of offence. PWs.1 to 3 were shifted to the Government General
Hospital by their friends. She further deposed that the incident took place due to dispute arose between the PW2 and A1 while they were playing gutibilla in the ground at Chinnarao Cheruvu.
17.PW11 is the investigation officer in this case. As per his evidence on 06.04.2020 at about 9.00PM., in the night, he received Ex.P1 statement of
PW1 along with Ex.P4 hospital intimation from the PW10, he registered the
Ex.P1 as Ex.P5 FIR as a case in Cr.No.131/20 for the offences punishable under sections 307 r/w 34 of IPC. On the same day he visited the
Government General Hospital, Kakinada examined the PWs.1 to 3 and recorded their statements, at the time of examination of PWs.1 to 3 he seized the Mos.1, 2, 4 and 5 from the PWs.1 to 3. On the next day after securing the
PW9 and LW12 Bathina Raju he visited the scene of offence which is situated at Godarigunta, Rajaramaratnam Nagar in front of the house of PW2 i.e,.
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cement road, prepared Ex.P2 scene observation report in the presence of the said mediators, preferred Ex.P6 rough sketch, examined the PWs.4 to 7 and others examined them and recorded their statements. He visited the 1st scene of offence which is situated at NFCL wall i.e., in the Chinnarao Cheruvu ground, prepared Ex.P7 rough sketch of the scene of offence, photographed the scene. On 09.04.2020 after receiving credible information about the presence of accused, after securing the PW9 and LW12 Bathina Raju, he along with his staff and mediators proceeded to the dumping yard situated at
Godarigunta, caught hold the A1 and A2, interrogated them in the presence of mediators, A1 and A2 confessed about the commission of offence in this case in the presence of mediators. Basing on the confession made by A1 and
A2 he seized the knife i.e., MO3 from the possession of A1 and also seized
Mo7 i.e,. yellow coloured blood stained T-shirt and MO8 black colour stripes blood stained shot from the possession of the A1 under the cover of Ex.P3 mediatornama, he arrested the accused took them to the police station and produced them before the Hon’ble Special Judicial First Class Magistrate cum
Mobile Court, Kakinada for remand. On 22.04.2020 he forwarded the Mos.1 to 8 to the FSL Vijayawada along with Ex.A8 letter of advise to the Sub-
Divisional Police Officer, Kakinada. On 28.05.2020 he received the wound certificates of PWs.1 to 3 from the PW12 and Ex.P9 FSL report from the
Regional Forensic Science Laboratory, Vijayawada and after completion of investigation the successor i.e., LW16 M.Narsimharao filed charge sheet.
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18.PW10 is the ASI of Police who recorded the Ex.P1 statement of
PW1 in the Government General Hospital, Kakinada he also supported the evidence of the PW1 and PW11 by stating that on 06.04.2020 after receiving
Ex.P4 hospital intimation from the Government General Hospital, Kakinada he went to the emergency ward and recorded the Ex.P1 statement of PW1 and handed over the Ex.P1 along with Ex.P4 to the police Sarpavaram.
19.Coming to the evidence of PW9 who is the VRO., of Chitrada. She also supported the evidence of the investigation officer i.e., PW11 with regard to the observation of the scene of offence by the investigation officer in her presence and confession made by the A1 and A2 in her presence and seizure of MO3, MOs.7 and 8 from the possession of the A1 under the cover of Ex.P3 mediatornama by the PW11. As per her evidence on 07.04.2020 at request of the PW11 i.e., SI of Police, Sarpavaram she along with LW12 Bathina Raju went to the scene of offence situated at Rajaramaratnam, Godarigunta and in their presence PW11 observed the scene and observed the blood stains on the cement poles and collected the controlled earth on the blood stained pieces and seized the same under a cover of Ex.P2 scene observation report.
On 09.04.2020 PW11 i.e., SI of Police Sarpavaram caught hold the A1 and A2 and interrogated them, A1 and A2 confessed in their presence about the commission of offence in this case, basing on the confession made by the A1 and A2, PW11 seized the MO3 i.,e knife and Mos.7 and 8 i.e., yellow coloured blood stained T-shirt and black colour stripes blood stained shot from the possession of A1 under the cover of Ex.P3 mediatornama.
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20.Coming to the evidence of the PW12 i.e., medical officer. Her evidence is also clearly corroborated with the evidence of PWs.1 to 3 to show that on 06.04.2020 PWs.1 to 3 sustained injuries in the hands of the A1 and she gave treatment to them and issued Ex.P11 to P12 wound certificates respectively to them.
21.With regard to cross examination of the material witnesses cum injured i.e., PWs.1 to 3, PW1 in his cross examination he clearly admitted that prior to this incident there are no disputes or enmity between PW2 and
A1 and A2, the dispute arose while they were playing Gutibilla, prior to this incident they have no disputes with A2, he along with accused are residing in the same area, police did not ask him to identify the MO3. PW2 also admitted that prior to the dispute in this case they have no prior disputes or enmity with the accused, the dispute arose while they were playing game and prior to this incident they have no dispute with A2, he along with accused are residing in the same locality since childhood and belongs to the scheduled caste. PW3 also admitted that prior to the alleged dispute in this case they have no prior disputes or enmity with the accused, prior to the incident they never quarrelled with each other, he along with the accused are residing in the same locality since their childhood and belongs to the schedule caste. He also admitted that MO3 will easily available in the open market.
22.Coming to the cross examination of the PWs.6 and 7 with regard to first incident their evidence is not shaken. With regard to the second incident even though they deposed as if they are eye witnesses, but their 161 18 FairJudgment in S.C.301/2023
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Cr.P.C statements i.e., Exs.D2 and D4 clearly shows that they are not the eye witnesses to the second incident, after came to know about the second incident they reached to the scene and shifted the PW2 to the Government
General Hospital, Kakinada for treatment on a motorcycle.
23.With regard to the cross examination of the eye witnesses i.e.,
PW4, PW5 and PW8 and the independent mediator PW9 their evidence is not shaken in their cross examination.
24.With regard to the cross examination of the medical officer i.e.,
PW12, PW12 in her cross examination she admitted that the injury No.2 in
Ex.P10 may be caused if any person falls down on the rough surface, injury
No.3 in Ex.P11 may be caused if any person falls down on the rough surface.
Even though there are some discrepancies in the evidence PW6 and PW7 in their evidence with regard to their presence at the said scene of offence, basing on the small discrepancies in the entire evidence of the Pws.6 and 7 cannot be brushed aside.
25.Hence the evidence of the PWs.1 to 3 and 6 and 7 clearly shows that on 06.04.2020 at about 4.00PM., in the evening when PWs.1, 2, 5, 6, A1 and others playing Karrabilla (gutibilla) in a ground situated at Chinnarao
Cheruvu adjacent to the NFCL wall, the wordy altercation took place between
PW2 and A2 and in the said Galata A1 threatened the PW2 that if he plays game from tomorrow he will kill him with the help of his brother and abused him in filthy language, PW2 pushed A1 both of them scuffled A1 bitten the right ear of PW2, due to which PW2 sustained bleeding injuries to his ear. In 19 FairJudgment in S.C.301/2023
dt:20.01.2025
the meanwhile PW1, PW6, PW7 and others separated the both parties and they went away to their respective houses. Again on the same day at 5.40PM., in the evening when PWs.1 to 3 were discussing about the incident took place at the play ground and observing the injury to the PW2, in the meanwhile A1 and A2 went to them, A2 fisted the PW2 thrice on his stomach and A1 stabbed the PW2 on his stomach at left side, right side shoulder due to which he sustained bleeding injuries, when PW1 tried to rescue him A1 stabbed the PW1 on his left hand, right hand bicep and he tried to stop the
A1 with hands he also sustained injuries to his right palm. When PW3 tried to stop the A1, A1 also stabbed the PW3 on stomach below the naval side, right hand bicep and right side chest for which he sustained bleeding injuries.
Thereafter they were shifted to the Government General Hospital, Kakinada for treatment. The cross examination of the PWs.1 to 3 clearly shows that there are no prior disputes or prior enmity between the accused and PWs.1 to 3 and they are residing in the same locality and they are belongs to same community. The evidence of the eye witnesses to the first incident i.e., PW6 and 7 is also clearly shows that the dispute took place between the PW2 and
A1 while they were playing Gutibilla in that said galata as per the Ex.D1 statement of PW6, PW2 beat the A1 on his jaw due to anger for which A1 bitten the right ear of the PW2 and PW2 beat the A1 with a small stick. The 161 Cr.P.C statement of PW7 is also clearly shows that PW2 beat the A1 on his jaw due to anger for which A1 bitten the right ear of the PW2 and PW2 beat the A1 with a small stick.
20 FairJudgment in S.C.301/2023
dt:20.01.2025
26.Hence the evidence of PWs.6 and 7 clearly shows that the free fight took place between the A1 and PW2 in the play ground at first incident, basing on the said incident and due to grave and sudden provocation A1 along with his father i.e., A2 came to the house of PW2 and A2 fisted the
PW2 on his stomach and A1 stabbed the PW2 on his stomach, on his chest for which PW2 sustained bleeding injuries, when PWs.1 and 3 tried to rescue the
PW2, A1 also stabbed the PW1 and 3, PW1 sustained injuries to his right hand left bicep and right palm and PW3 sustained inquires to stomach, right side chest and left hand. The injuries to the PWs.1 and 2 are clearly shows that all the three injuries are simple in nature. With regard to the injuries to the PW3 except the stab injury to abdomen i.e., injury No.2 the remaining two injuries are simple in nature. The Ex.P12 wound certificate of PW3 also clearly shows that as per the surgeons opinion the stab injury to the abdomen i.e., injury No.2 is only grievous in nature. Even though the medical officer i.e., PW12 deposed that injuries Nos.1 and 2 to the PW3 are grievous in nature as per the surgeons opinion, but surgeons opinions clearly shows that injury No.2 is only grievous in nature. In Ex.P12 it is mentioned that as per the Radiologist opinion there is no abnormality in the x-ray chest and x- ray abdomen, but in this case the radiologist is not cited as witness and no x- ray report is produced before this court to show that the injury to the abdomen is grievous in nature.
27.In order to prove the grievous injuries of PW3, it is fatal to the prosecution to examine the radiologist to prove that the injuries to the PW3 is 21 FairJudgment in S.C.301/2023
dt:20.01.2025
grievous in nature. But in this case the radiologist is not cited as a witness and the prosecution did not take any steps to examine the radiologist. When the radiologist is not examined and x-ray is not marked the prosecution cannot claim that the PW3 sustained grievous injuries. Even though the medical officer i.e., PW12 deposed that as per the opinion of the surgeon the injuries 1 and 2 to the PW3 in Ex.P12 are grievous in nature, as per her opinion injuries 1 and 2 are grievous in nature, but Ex.P12 wound certificate clearly shows that the stab injury i.e., in abdomen i.e., injuries No.2 in
Ex.P12 only grievous in nature. It shows that the evidence of PW12 is contrary to the opinion given by the surgeon. Moreover in this case the prosecution did not file the x-ray report of chest and x-ray report of abdomen of PW3, hence the opinion of the PW12 is not supported by the radiologist report to ascertain the nature of the injury. Therefore without production of x-ray film and radiologist report nature of injury suffered by the PW3 cannot be ascertained. The gravity and nature of the injury has to be subscribed as clearly laid down under section 320 of IPC. Unless x-ray is exhibited before the court with radiologist report, court would not be in a position to come to the conclusion that the injuries 1 and 2 sustained by the PW3 is grievous in nature. The burden is on the prosecution to establish the fact by exhibiting x- ray with radiologist report. But in this case the prosecution has not produced either x-ray film or radiologist report to conclusively hold that the injuries 1 and 2 found in Ex.P12 to the PW3 are grievous in nature.
22 FairJudgment in S.C.301/2023
dt:20.01.2025
28.In order to prove the case against the accused for the offence punishable under section 307 of IPC, the prosecution must ascertain the intention or knowledge to commit the offence and circumstances of the accused to commit the offence. Under section 307 of IPC what the court has to see is whether the act irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in that section. The intention or knowledge of the accused must be such as is necessary to constitute murder without this ingredient being established there can be no offence of attempt to murder. Under section 307 the intention preceeds the act attributed to accused therefore the intention is to be gathered from all the circumstances, and not merely from the consequences that ensue. The nature of the weapon used, manner in which it is used, motive for the crime, severity of the blow, the part of the body where the injury is inflected or some of the factors that may be taken into consideration to determine the intention. In the absence of intention or knowledge which is necessary ingredient of section 307 there can be no offence of attempt to murder.
Intent which is a state of mind cannot be proved by precise direct evidence, as a fact it can only be detected or inferred from other facts. Some of the relevant considerations may be the nature of the weapon used, the place where the injuries were inflicted, the nature of the injuries and the circumstances in which the incident took place. In the present case as per the evidence of Pws.1 to 3 there are no prior disputes or enmity between the accused and Pws.1 to 3 and they are residing in the same locality and 23 FairJudgment in S.C.301/2023
dt:20.01.2025
belongs to the same community, the first incident took place between the
PW2 and A1 in the play ground while they were playing gutibilla in a spur of movement due to grave and sudden provocation. Basing on the first incident the second incident took place within one hour between the A1 and A2 and
Pws.1 to 3. hence it is clearly shows that the free fight took place between the A1 and A2 and Pws.1 to 3 due to grave and sudden provocation only.
Moreover in this present case the first incident took place between the PW2 and A1 only, PW3 not present at the time of first incident. If really A1 has intention to kill the PW2, A1 must caused grievous injuries to the PW2, but in this present case PW2 did not sustain any grievous injuries. It shows that A1 has no intention to kill the Pws.1 to 3.
29.The learned APP submitted that whether it is simple injury or grievous injury is not essential to attract the offence punishable under section 307 of IPC, it is essential whether there is intention of the accused or not. In this case the accused A1 and A2 has intention to kill the PW2, hence they went to the scene, A2 beat the PW2, A1 caused injuries to Pws.1 to 3 hence the offence punishable under sections 506 r/w 34 of IPC and 307 of r/w 34
IPC attracts against the accused.
30.The learned counsel for the accused also submitted that both the
A1 and A2 and Pws.1 to 3 are residing in the same locality and there are no prior disputes between the Pws.1 to 3 and A1 and A2, the galata took place while they were playing game between the PW2 and A1, basing on the first incident, the second incident took place due to grave and sudden provocation 24 FairJudgment in S.C.301/2023
dt:20.01.2025
of A1 and A2 only and there is no intention to the A1 or A2 to kill the Pws.1 to 3, and the alleged weapon which is used by the A1 I.e., MO3 is also clearly shows that it is very small weapon, it is used to cut the vegetables and there is no intention to the A1 and A2 to kill the Pws.1 to 3, the injuries sustained by the Pws.1 to 3 are simple in nature except the injury No.2 of the PW3, in this case the prosecution did not examine the radiologist, no x-ray film is produced and no x-ray report is filed by the prosecution, hence the prosecution failed to prove the grievous injury of PW3, since there is no intention of A1 and A2 to kill the Pws.1 to 3, hence the offence under section 307 of IPC does not attract against the accused.
31.The learned defence counsel also relied upon the following authorities of the Hon’ble Supreme Court of India.
1. Ramesh vs. State of U.P reported in AIR 1992 SC 664 by stating that in peculiar circumstances if it is a case of single injury the conviction can be altered to be under section 324 of IPC.
Para No.3: The learned Counsel for appellant has asssailed the finding recorded by the High Court and the Trial Judge and has urged that the appellant was implicated due to enemity. He urged that even though the High Court held that in the FIR the main part was specifically assigned to the appellant and one Jagat Singh but in the evidence it was confined to the appellant as the relations between the two were strained. The learned Counsel further urged that the case of the prosecution that the complainant was bitten by Jagat Singh and there 25 FairJudgment in S.C.301/2023
dt:20.01.2025
being no injury of bitting, the High Court committed an error in maintaining the conviction. We are not impressed by the argument. The learned Counsel then urged that the High Court committed an error in convicting the appellant under Section 307, Indian Penal Code. We do not propose to decide it as a matter of law. But we agree with the learned Counsel for the appellant that in peculiar circumstances of the case it being a case of single injury in the back of neck the conviction can be altered to be under Section 324, Indian Penal Code.
In this case also the PW3 sustained only one grievous injury and there is no enmity between the accused and Pws.1 to 3.
2.Sivamani vs. State represented by Inspector of Police,
Vellore Taluk Police Station, Vellore District in criminal appeal
No.3619/2023 dated 28.11.2023 by stating that grievous are life threatening injury is not necessary to maintain conviction under section 307 of IPC, the intention of the accused can be ascertained from the actual injury as well as from surroundings of offences and the nature of the weapon used and the severity of the blows.
Para No.9: In State of Madhya Pradesh v Saleem, (2005) 5 SCC 554, the Court held that to sustain a conviction under Section 307, IPC, it was not necessary that a bodily injury capable of resulting in death should have been inflicted. As such, non-conviction under Section 307,
IPC on the premise only that simple injury was inflicted does not follow as a matter of course. In the same judgment, it was pointed out that 26 FairJudgment in S.C.301/2023
dt:20.01.2025
'The court has to see whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the section.' The position that because a fatal injury was not sustained alone does not dislodge Section 307, IPC conviction has been reiterated in Jage Ram v State of Haryana, (2015) 11 SCC 366 and State of Madhya Pradesh v Kanha, (2019) 3 SCC 605. Yet, in Jage
Ram (supra) and Kanha (supra), it was observed that while grievous or life-threatening injury was not necessary to maintain a conviction under
Section 307, IPC, 'The intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances.
Among other things, the nature of the weapon used and the severity of the blows inflicted can be considered to infer intent.'1
Para No.10: Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, this Court is convinced that the Impugned Judgment of the High Court requires to be interfered with. Admittedly, there is no allegation of repeated or severe blows having been inflicted. Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants' favour.
Para No.12: In the background of the discussions made hereinabove and on taking an overall view, the Impugned Judgment is varied only to the extent that the conviction of the appellants stands modified to that under Sections 323 and 324 of the IPC and the sentence imposed is 27 FairJudgment in S.C.301/2023
dt:20.01.2025
also reduced to the period already undergone. The fine imposed is maintained. The appellants stand discharged of the liabilities of their bail bonds, if any.
32.In this case also the dispute took place between the PW2 and A1 while they were playing Karrabilla (gutibilla) in the play ground in a spur of movement, basing on the said incident the second incident took place due to grave and sudden provocation by the A1 and A2. There are no prior disputes or enmity between the Pws.1 to 3 and A1 and A2, A1 and PW3 are friends from childhood, on the date of incident also A1 along with PW3 had joint lunch in the house of PW3. Hence it clearly shows that the incident took place due to grave and sudden provocation and there is no intention to A1 and A2 to kill the Pws.1 to 3.
33.Coming to the incident took place between PW2 and A1 on 06.04.2020 at about 4.00PM., and the simple injuries sustained by the PWs.1 to 3 in the hands of the A1 and A2 fisting the PW2 on his stomach. The evidence of PWs.6 and 7 is clearly corroborated with the evidence of the
PWs.1 and 2 to show that the galata took place between the PW2 and A1, in the said galata A1 bite the right ear of the PW2 due to which he sustained simple injuries to his right ear. With regard to incident took place at the second incident, the evidence of the PW4, PW5 and PW8 is clearly corroborated with the evidence of the PWs.1 to 3 to show that on 06.04.2020 at about 5.40PM., when PWs.1 to 3 are present in front of the house of the
PW2, A1 and A2 went to them and threatened the Pws.1 to 3 with dire 28 FairJudgment in S.C.301/2023
dt:20.01.2025
consequences and A1 fisted the PW2 on his stomach and A2 stabbed the
Pws.1 to 3 with MO3 and thereby voluntarily caused simple injuries to the
Pws.1 to 3. The evidence of the medical officer i.e., PW12 also clearly corroborated with the evidence of the Pws.1 to 3 to show that Pws.1 to 3 sustained simple injuries. The Ex.P9 forensic science lab report is also clearly shows that the origin of the blood on the item 1 to 8 of the Ex.P9 is of human blood. The evidence of the mediator i.e., PW9 is also clearly corroborated with the evidence of the investigation officer i.e., PW11 that the investigation officer seized the MO3 i.e., knife under the cover of Ex.P3 mediatornama.
34.Hence the evidence of the Pws.1 to 12 is clearly shows that even though the prosecution failed to prove the guilt of the A1 and A2 for the offence punishable under section 307 r/w 34 of IPC but by adducing the evidence of the Pws.1 to 12 the prosecution proved the guilty of the A1 and
A2 for the offence punishable under section 324 r/w 34 of IPC and section 506 r/w 34 of IPC. As per the section 222 of CR.P.C when a person is charged with major offence and facts are proved with reduced it to a minor offence, he may be convicted of the minor offence although he is not charged with it.
In the present case also even though prosecution failed to prove the guilty of the accused for the offence punishable under section 307 r/w 34 of IPC but the prosecution proved the guilt of the accused for the offences punishable under section 506 r/w 34 of IPC and 324 r/w 34 of IPC. Hence after considering the evidence of the Pws.1 to 12 and other material available of the record I opined that the prosecution proved the guilt of the accused for 29 FairJudgment in S.C.301/2023
dt:20.01.2025
the offences punishable under section 506 r/w 34 of IPC and 324 r/w 34 of
IPC.
35.In the result, A1 and A2 are found not guilty for the offence punishable under section 307 r/w 34 of IPC and they are acquitted under section 235 of Cr.P.C. But A1 and A2 are found guilty for the offences punishable under section 506 r/w 34 of IPC and section 324 r/w 34 of IPC and they are convicted under section 235 (2) Cr.P.C.
Typed to my dictation by the Stenographer Grade-III, corrected and pronounced by me in the Open Court, on this the 20th day of January, 2025.
Sd/- B.Srinivasu
I ADDL. ASSISTANT SESSIONS JUDGE,
KAKINADA
36.On hearing of A1 and A2 on quantum of sentence, A1 submitted that he is a coolie, he is unmarried, he has to maintain his parents and pleaded mercy.
A2 submitted that he is a coolie, he has a wife and three children i.e., one son and two daughters, his younger daughter died, elder daughter is married, he is the sole bread winner of the family and pleaded mercy.
37.Even though I am not inclined to invoke the provisions under Section 3 or 4 of A.P. Probation of Offenders Act. However after considering the submissions made by the A1 and A2 on hearing of quantum of sentence, I feel that the following sentence would meet the ends of justice. Hence A1 and
A2 are sentenced to undergo simple imprisonment for a period of 6 months each for the offence punishable under Section 506 r/w 34 IPC. A1 and A2 also 30 FairJudgment in S.C.301/2023
dt:20.01.2025
further sentenced to undergo simple imprisonment for a period of two years each for the offence punishable under Section 324 r/w 34 IPC. All the sentences of A1 and A2 shall run concurrently. The sentence which is already undergone by the A1 and A2 in their remand period from 10.04.2020 to 06.05.2020 is given set off under section 428 of CR.P.C. MOs.1 to 8 are ordered to be destroyed after lapse of appeal time. A1 and A2 are informed that they have right to get free copy of judgment and they have right to approach the Appellate Court to prefer appeal and also legal assistance from
District Legal Services Authority, Rajamahendravaram, if they are entitled to get Legal Aid.
Typed to my dictation by the Stenographer Grade-III, corrected and
pronounced by me in the Open Court, on this the 20th day of January, 2025.
Sd/- B.Srinivasu
I ADDL. ASSISTANT SESSIONS JUDGE,
KAKINADA
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution:
PW.1: Illa Sravana Kumar
PW.2: Moka Anand Murali @ Anand
PW.3: Illa Durga Prasad
PW.4: Moka Devi
PW.5: Maddela Uday Kiran
PW.6: Katari Veerendra Kumar @ Veeru
PW.7: Nakka Mani Sai @ Mani
PW.8: Mattaprathi Lakshmi
PW.9: Bejawada Parvathi 31 FairJudgment in S.C.301/2023
dt:20.01.2025
PW.10: P.V.R.K. Ganesh
PW.11: M. Pavan Kumar
PW.12: Dr. S. Hima Bindu
For Defence:-:NONE
DOCUMENTS MARKED
For prosecution:
Ex.P1: Sec.161 Cr.P.C. statement of PW1.
Ex.P2: Scene observation report.
Ex.P3: Mediator report dated 09.04.2023.
Ex.P4: Hospital intimation.
Ex.P5: FIR.
Ex.P6: Rough Sketch.
Ex.P7: Rough sketch at NFCL wall.
Ex.P8: Letter of advise.
Ex.P9: FSL Report.
Ex.P10: Wound Certificate.
Ex.P11: Wound certificate.
Ex.P12: Wound Certificate.
For Defence:
Ex.D1: Portion of 161 Cr.P.C statement of PW6 (Due to anger PW2 slapped the A1 on his cheek).
Ex.D2: Portion of 161 Cr.P.C statement of PW6.
Ex.D3: Portion of 161 Cr.P.C statement of PW7 (Sometimes after we reached to the play ground, PW2, Goladi Yesu Babu, PW1 and others reached to the ground).
Ex.D4: Portion of 161 Cr.P.C statement of PW7 (After come to know about the incident I went to the scene).
MATERIAL OBJECTS MARKED
MO1: Blood stained shirt.
32 FairJudgment in S.C.301/2023
dt:20.01.2025
MO2: Blood stained night track.
MO3: Knife used by A1.
MO4: Blood stained yellow colored neck t-shirt.
MO5: Blood stained black shirt.
MO6: Blood stained red color striped shirt.
MO7: Yellow colour blood stained T-Shirt.
MO8: Black Colour having stripes blood stained shot.
Id/- B.S
I A.A.S.J.
Kakinada.
33 FairJudgment in S.C.301/2023
dt:20.01.2025
CALENDAR AND JUDGMENT
IN THE COURT OF I ADDITIONAL ASSISTANT SESSIONS JUDGE ::
KAKINADA
Present: SRI B.SRINIVASU
I Addl. Assistant Sessions Judge
1. Number of the Case:S.C. No.301/2023
2. Name of the Committing Officer : Smt C. Janaki, Special Mobile Judicial First Class
Magistrate – Cum- VI Addl. Junior
Civil Judge, Kakinada.
3. Name of the Complainant :State : S.I of Police, Sarpavarm Police Station. (Crime No.131/2020)
4. Name and description of the accused:
1. Kavulu Sai Kumar, S/o.Venkata Ramana @ Venkata Rao, aged 19 years, C/Rellie, D.No.3-17B-50/15, Raja Rama Ratna Nagar, Godarigunta, Kakinada.
2. Kavulu Venkata Ramana @ Venkata Rao, S/o.China Ramulu, aged 45 years, C/Rellie, D.No.2-24-26, 3rd street, Perrajupeta, Kakinada.
5. Date of
a) Offence :06.04.2020
b) Committal :21.07.2022
c) Receipt of record:07.10.2023
d) Appearance of accused:21.11.2023
e) Commencement of trial :30.09.2024
f) Closure of trial :05.11.2024
g) Judgment pronounced:20.01.2025.
6. Charge: Secs.506 and 307 r/w 34 of IPC.
7. Plea of the accused :Pleaded not guilty
8. Finding of the Court :Found guilty for the offence punishable under sections 506 and 324 r/w 34 of IPC.
34 FairJudgment in S.C.301/2023
dt:20.01.2025
9. Explanation for delay :Nil
10. Sentence or Order :
In the result, A1 and A2 are found not guilty for the offence punishable under section 307 r/w 34 of IPC and they are acquitted under section 235 of Cr.P.C. But A1 and A2 are found guilty for the offences punishable under section 506 r/w 34 of IPC and section 324 r/w 34 of IPC and they are convicted under section 235 (2) Cr.P.C.
On hearing of A1 and A2 on quantum of sentence, A1 submitted that he is a coolie, he is unmarried, he has to maintain his parents and pleaded mercy.
A2 submitted that he is a coolie, he has a wife and three children i.e., one son and two daughters, his younger daughter died, elder daughter is married, he is the sole bread winner of the family and pleaded mercy.
Even though I am not inclined to invoke the provisions under
Section 3 or 4 of A.P. Probation of Offenders Act. However after considering the submissions made by the A1 and A2 on hearing of quantum of sentence,
I feel that the following sentence would meet the ends of justice. Hence A1 and A2 are sentenced to undergo simple imprisonment for a period of 6 months each for the offence punishable under Section 506 r/w 34 IPC. A1 and A2 also further sentenced to undergo simple imprisonment for a period of two years each for the offence punishable under Section 324 r/w 34 IPC. All the sentences of A1 and A2 shall run concurrently. The sentence which is already undergone by the A1 and A2 in their remand period from 10.04.2020 35 FairJudgment in S.C.301/2023
dt:20.01.2025
to 06.05.2020 is given set off under section 428 of CR.P.C. MOs.1 to 8 are ordered to be destroyed after lapse of appeal time. A1 and A2 are informed that they have right to get free copy of judgment and they have right to approach the Appellate Court to prefer appeal and also legal assistance from
District Legal Services Authority, Rajamahendravaram, if they are entitled to get Legal Aid.
Sd/- B.Srinivasu
I ADDL. ASSISTANT SESSIONS JUDGE,
KAKINADA.
Copies submitted to : The Hon’ble Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi, through the Hon’ble District and Sessions Judge, E.G. Dt., Rajamahendravaram. The Hon’ble Principal District and Sessions Judge, E.G. Dt., Rajamahendravaram. The Director of Prosecution, O/o. D.G.P. & IGP Complex, Saifabad, Hyderabad 500 004.
Copies to : The District Collector, E.G. Dt., Kakinada. The Sub-Inspector of Police, Sarpavaram Police Station. The Special Mobile Judicial First Class Magistrate Judge, Kakinada. Copy to the Addl. Public Prosecutor, Kakinada.