Sri D. Vasudeva Rao

GANo 44-16

IN THE COURT OF THE V ADDL SESSIONS JUDGE AT KARIMNAGAR.

PRESENT:- Sri D.Vasudeva Rao, B.SC.,M.L:,

V Addl.District 8 Sessions Judge,

KARIM NAGAR

THURSDAY, the 1 day of September, 2016

CRIMINAL APPEAL NO; 44 OF 2016

:: Prl Asst. Sessions Judge, Karimnagar

From which Court the

SC No: 472/2014.

Number of the case in

That court

Number of the Appeal: ::Cr.A.No: 44/2016

Name and description of

The appellant/accused

1. Erugurala Mallaiah @Mallesham,s/o Ellaiah, 29 yrs,Madiga

2. Erugurala Ellaiah s/o Rayalingu,ae 42 yrs, Madiga

3. Erugurala Rayamallaiah s/o Rayalingu,age 50 yrs, Madiga

4. Erugurala Shankaraiah s/o Rayalingu, 36 yrs, Madiga

All r/o Revelli village of Choppadandi Mandal, Kraimnagar Dist.

Name of the respondent/complainant:: State through SHO PS. Choppadandi

Crime NO: 83/2014

The accused No.1 is convicted for the

Order passed in the Lower Court:

Offence Under Sec. 307 IPC and

Sentenced to undergo Rigorous Imprison

ment for five years and also to pay a

fine of Rs. 500/- and also sentenced to pay

fine of RS.200/- for the offence u/s 290 IPC

In default of payment of fine A1 shall

Suffer SI for a period of one month and

One week.

A2 to A4 are sentenced to pay a

Fine of Rs.200/- and Rs.100/0 each for the

Offence under Sec. 323, 290 IPC and in

Default of payment of fine to suffer simple

Imprisonment for one week each under

Each section.

The sentence imposed by trial Court is

Whether confirmed, modified

modified and the conviction of the accused

Or reversed and if modified by the trial Court

/appellant No.1 passed

for the

Convicting the accused No.1

offence u/s 307 IPC and sentencing him to

undergo Rigorous Imprisonment for Five

years and to pay a fine of Rs.500/- and in

default to suffer Simple imprisonment for

one month is hereby set aside and the

sentence is modified and the accused No.1

Cr.A.No: 44-16

26-5-

is convicted for the offence uls

undergo

and sentenced to

Rigo

imprisonment for a period of(20) days

also to pay a fine of Rs. 30,000/- (RRuper

thirty thousand only ) and in default oN

to suffer

payment of fine Simple

for six months for the

Imprisonment

ofence u/s 324 IPC. The conviction and

sentenced passed against A2 to A4 ic

hereby confirmed and the appeal filed by

them is dismissed. The accused are

directed to pay the fine before trial COurt

forthwith. Out of the fine amount paid by

the accused a sum of Rs.25,000/ is

ordered to be paid to PW2 Erugurala

Naveen towards compensation under Sec.

357 Cr.P..C. after the expiry of the appeal

time.

This appeal is coming on 29-8-2016 for hearing before me in the presence

of Sri E.Madhusudhan Rao Advocate for the appellants/ acCused and the Spl.

Public Prosecutor for the respondent/complainant, having been heard and

having stood over for consideration till this day, the Court delivered the

following:

#JUDGMENT::

the accused NOs. 1 to 4 in SC No:

This appeal was preferred by

472/2014 on the file of the Prl. Asst. Sessions Judge, Karimnagar holding the

accused No.1 guilty for the offences u/s 307 IPC sentencing him to suffer

Rigorous Imprisonment for a period of FIVE years and to pay a fine of Rs.500/

and also holding him guilty for the offence u/s 290 IPC and sentencing him to

pay a fine of Rs. 200/- and in default of payment of fine by A1, to suffer Simple

Imprisonment for a period of one month and one week and alsO sentencing A2

to A4 to pay a fine of Rs. 200/- and Rs. 100/- each for the offences u/s 323, 290

IPC and in default of payment of fine to suffer SI for one week under each

offence. Parties in this appeal also will be referred as arrayed in the trial Court

for the sake of convenience.

2). The Sub Inspector of Police, Choppadandi has charge sheeted the

accused No.1 for the offence u/s 307 IPC and also charging accused NOs.2 to

4 for the offences u/s 323,290 r/ 34 IPC on the ground that A1 to A4 are

the members of the same family, that one month in one marriage procession,

A1 quarreled with the injured PW2 Naveen over a petty issue and beat PW2

(r.A.No: 44-16

Rigo ys a

(R trnands, Since then the accUsed developed arudge against PWZ, that on

26-5-2014 evening while PW2 injured was returning from Gopalraopet village

le

on the way near Peddakurmapali, A1 again stopped the auto of injured Pwz

Naveen and quarreled with him, and after arrival of injured and A1 to their

village at about 1930 hrs. A1 to A4 picked up quarrel with injured and his

family members at main road near A1's house and A1 brought one Millipede

(Pestle) from his house and beat Pw2 on his head causing bleeding injuries

with an intention to kill and A2 to A4 abused the family members and beat

the injured with hands.

On a report from Erugurala Vijaya, wife of Naveen

on 27-6-2014 at 2030 Hrs. the police, Choppadandi registered the case and

arrested the accused and recovered the weapon of offence i.e., pestle from

A1. and after completion of investigation laid charge sheet for the offence

u/s 307 r/w 34 IPC against the accused N0.1 and charged A2 to A4 for the

offences u/s 323,290 IPC.

3). In order to prove its case, the prosecution has examined PWs. 1 to

11 and marked Exs.P1 to P5 and also MO. 1 and in defence the acCused did

not adduce any oral or documentary evidence. Upon considering the

evidence on record and upon hearing the arquments, the learned trial Court

found the accused No.1 quilty for the offences u/s 307 IPC sentencing him

to suffer Rigorous Imprisonment fora period of FIVE years and to pay a fine

and also holding him guilty for the offence u/s 290 IPC and

of Rs.500/-

sentencing him to pay a fine of Rs. 200/- and in default of payment of fine by

A1, to suffer Simple Imprisonment for a period of one month and one week

and also sentencing A2 to A4 to pay a fine of Rs. 200/- and Rs. 100/- each for

the offences u/s 323, 290 IPC and in default of payment of fine to suffer SI

for one week under each offence .. It is against that judgment of the trial

Court, the present appeal is filed by the accused NOs. 1 to 4/ appellants.

Upon hearing the submisions made by the learned counsel on

4).

record the points that arise for consideration in this appeal are :

1. Whether the prosecution has proved the guilt of the accused

No.1 for the offence u/s 307 IPC and A2 to A4 for the offences u/s

323,290 IPC beyond all reasonable doubt?

2. Whether the judgment of the trial Court in SC No: 472/2014

dt.,3-3-2016 is liable to be set aside or not?

cour

therefore

4 Cr.A.No: 44-16

learned

acquit the

and

the

by to support

is

óurt and to

fefore,

preferred the other

SC appeal

by

and 2This

No.1 in appe

5). POINTS

472/2014 passed

the On the

NO:

judgment evidence

the dt

challenging

dcCused No.1

accused

holding the quity

3-3-2016

for

Karimnagar to the

Sessions Judge,

Rigorous Imprisonment

suffer

him

sentencing

u/s 307 IPC of

offences to a

of holding him

also in

and gulty

fine Rs.500/-of

pay to a

years and period FIVE Rs. 200/-and fine him pay of

sentencing a

u/s IPC and

offence 290 by

for the to

of of

for period

suffer Simple ImpriSonment

A2 A4 of

fine A1, a

payment to

default to

Rs. 200/ fine pay

also sentencing

week and in of

month and one one

default payment

u/s 323, 290 IPC and for the offences of Rs. 100/-each to

and

of SI

to

the case

offence. According

under each suffer for one week of fine

is

Police,

that Inspector

trial Court Sub prosecution before the the for the offence u/s 307 IPC sheeted the accused No.1

Choppadandi has charge 34

to 4 r/

for the offences u/s 323,290 IPC also charging accused NOs.2

and A1 A4

on to of

are the members the same family, that one the ground that

A1

in

marriage procession, quarreled with the injured Naveen month one PW2

a

Over petty issue and beat with hands, since then the accused developed PW2

that on

against grudge PW2, 26-5-2014 evening while injured returning on PW2 was A1 from Gopalraopet village the near way Peddakurmapali, again stopped of the

of

auto injured A1 PW2 Naveen and quarreled with him, after arrival A1 A4 and injured

to at

to up

and their village hrs. about 1930 picked quarrel with injured

at A1

and his family members main road near A1's house and brought one PW2 on Millipede (Pestle) from his house4 and beat his causing head bleeding

with an A2 A4

intention to to

injuries kill and abused the family members and

1 to 11

beat the injured with hands.

Before the Trial Court,

P5 PWs. to were

on

of

examined and EXs.P1 and MO.1 On were marked behalf behalf of the

no oral or

is

prosecution.

the accused, documentary evidence

of

adduced before the Trial Court Upon hearing the arguments the prosecution and defence counsel perusing and upon the oral and documentary evidence, the trial Court found the accused/appellant No.1 guilty found A2 A4 for the offence u/s 307 IPC.

to

as

and for the offences u/s 323,290 IPC. sentenced and them stated above.

The learned counsel for appellants 6). the argued that the prosecution has

to of so

miserably failed prove the guilt the accused and there are many

in of

Variations and ntradictions between evidence prosecution the the 44-|6 ANO:

esS and to of

therefore

Prl. entitled the accused are benefit doubt.

ierefore, of

the to

learned

Counsel to argued set trial aside the judgment the

ASst of

Court and to by

On acquit

the accused according benefit giving doubt lavw the the other is hand the learned Public

to Prosecutor

arqued that there

of enougn

evidence support the case the

prosecution, therefore

the learned Public

to be

Prosecutor

argued that the accused are liable

to convicted

and therefore

argued dismiss appeal.

the

In on

is

is of

7). this case hand PW1 Erugurala Vijaya who the wife the

on

injured .

PW2 and complainant lodged on who the report with police

27-5-2014

he

She depOsed that 26-5-2014 her husband A1 was coming and home when

to

reached near Pedda Kurmapalli A1 came opposite her husband's auto and

it

at he

dashed with his cycle and als0 beat that PW2 time, then returned

A2

to at 6

to

home and informed the same her and about p.m. Yellaiah came her

is

maternal uncle Erugurala Anjaiah's house and informed that raising Al PW2

to of In

disputes with they life A2 and want give away the turn Anjaiah PW2.

to on A2 A4

in to

asked talk the said issue the next day. the meantime,

And

to a

to

came Anjaiah's house raised quarrel and and Anjaiah asked them settle

on A2 A4

to in

the said issue the next day. Even then abused Anjaiah A2 A4 LW8 most

to to of

filthy language. Subsequently

came the house PW1 and again

by on in

they abused her staying the road the meantime towards PW2 went the

A1

in on

a

road towards them and the meantime beat her husband his A1 head with

pestle (Millepede Rokalibanda). only brought said pestle

the from his house

on

to

beat her and husband his head front side and such attack her husband due

,

fell unconscious blood o0zed they contacted ambulance and the 108 and

to to

shifted injured Naveen Sunrise Hospital, subsequently shifted

PW2 On PW2

a

Yeshoda Hospital, Secunderabad for treatment. 27-5-2014 she lodged

complaint to

police.

He

is is of

9). Erugurala Naveen the injured and husband PW2 who PW1.

to at he a

deposed that one month prior the incident about 7.30 attended p.m

of a in Al to

marriage function Reddy gentleman his village, also the said

A1 came

in

marriage function and when himself and were dancing the said marriage

A1

as to of

function his arms touched A1, due which beat him. After lapse A1 two

on

days again came his cycle against his auto and stopped his auto and

a 6 on Al

at at

raised quarrel Pedda Kurmapalli about p.m. the and same day

visit to t

ed in an

Jital, Karimana

is

of his uncle

who and t

Anjaiah

and A2 to to

ne of his

Eruqurala

A1

house Anjaiah Convinced

the do LW8 A4

and by

came to therm

with PW2,

away on

again

they then

that day, is to

stating next statanding with

the on

issue he nearer the

the which ca

settle

road house

would the he

they was

on

when o0zed blood him and and

A1 head fell

abused a

road his middle

the Al

pestle

with beat him

and

to

unconscious. of

is witness the

and eye PW2

mother

the

and

Kamalamma home

Erugurala returning of

9). PW3 was

son A1 PWZ

her that when

on auto

deposed the

who against

incident, cycle

his put

road, to

the

Kurmapali husband

near Pedda her

reached her and in

a informed

was of

the A2 same to

quarrel and

raised 10 brother

and her

PW2 by the house he

Yellaiah came

minutes on

within and to was

PW2 unnecessarily

that of

the ground do

kill to

PW2

threatened

Anjaiah and life law the PW2 away

and he

spend money by

and they

quarrel with them to

raising

settle the that would

saying

tried console him to

Anjaiah

through LW8

and

went her all the accused

again A1

not convinced and the accused were in issue but

in

brought

the meantime A2

filthy lanquage and

abused most on

house and PW2 his head and attacked with the same pestle from his house and PW2 one A4

to

to

fell unconscious and blood oozed from threatened due such blow PW2

to

his head such blow his right eye affected. due was

is of

10). Eruqurala Permaiah the father injured, deposed that PW4 PW2 who

on A2

to of

26-5-2014 p.m. Yellaiah came the house Anjaiah at6 LW8 and PW2 is threatened that unnecessarily interfering their with affairs A1 A4 and they would

to by on

kill subsequently him and towards came road and staying the

in in

road they started abusing filthy PW3 A2 most language the

to A4 meantime

to LW8

in

Anjaiah tried console them, that an abused also filthy PW4 language

by A1

pounced upon him tore his shirt, and bet him using their hands and

an on by

went into the house, brought one pestle bet his to PW2 head using that

on

region. pestle due which his Son fell PW2 down the road blood and o0zed from PW2's temporal

on

at he

11), PW4 Erugurala Raju deposed that 26-5-2014 to he 7.30 pm. on When returned his house found that PW2 Naveen the road with injuries on and

is in

his brother Naveen received injury his right side head and the said road

or as

between his house and house accused and such and others shifted PW5 7 44-16 rANo:

ed an

in he

to

auto upto Ragampet from where shifted Sunrise was

to By

Sspital,

Karimanagar and from there

Yeshoda Hospital, Hyderabad.

of tre

to of

in

his ViSit ime the scene offence. his brother

injury to was unconscioUS Sate

with his head.

on

at he

12). Anjaiah PW6 has deposed that 26-5-2014 7.30 p.m. while

on was

he

of

returning home, diary foot from form when reached near the house A1 A2,

he on

found galata taking place the road brought pestle and one and

on he

to

attacked causing injury his head sustained bleeding PW2 due which

on

injuries fell ground. all acCused that place. and the Then the went away from

on 7 or

at

13). I.Anjaiah deposed that 25-5-2014 about 7.30 p.m. while PW7

he at at

his that time, A1's father Yellaiah came and informed that was house A1

an he

in

incident tookplace near Pedda Kurmapalli between PW2 and Some

he do of he to

will the life for which convinced him not also told that away PW2

he

to

settle issue, then left for his house hasty step and asked him the take any by

A1 A4 is

to to of

which situated after time, came the house PW2 and some in

up

of

intervened

picked quarrel with him and when the side his house and A1 on

to

pestle attacked his meantime brought and PW2 order pacify the matter

he

to

got fainted. bleeding injury due which head causing

So of 1 to 7 is

Corroborating each other and they 14). the evidence PWs. A1 on

a

in

with pestle his head voice that attacked PW2

categorically stated one on

to

his fell down bleeding injuries head and which received and due PW2 in

is

1 to 7

elicited their

cross examined, nothing

elaborately

PWs. were a of

Though is

to

also given with delay discard their evidence. Ex.P1

cross examination in

24

delay giving categorically explained for the but the prosecution has hours

by to

to

incident tookplace

According the prosecution the

police. on

report to

on PW1

at

police 27-5-2014

incident reported

1930 Hrs. and the was

26-5-2014

is

at injured after the incident, the explained. That soon Hrs. 2030 delay to The

to

from there taken Hospital, Karimnagar and taken Sun Rise 11

was on at

PW2 MC A.M. from the next day PW1

Hospital, Secunderabad and of

Yeshoda of

. also recitals Ex.P4 PW2 the complaint. The of and lodged

Hyderabad

,

region, fracture

injury right fronto-parietal

that sustained head show PW2

f

vision right eye and decreased maxilla fracture right zygoma .right

Therefor

is CLA.No: 44-1, A1

acCused. that

on

is stated IPC.

who that for the CDF

mediator to of

15). the observe 307

PW8 27-52014

11

their village near place came

police Choppadandi u/s

a.m. the such

in that act caused

prepared the dy

presence and SCene

their .fence

the scene

examined with

police also signatures and

obtained their prepared

is act

and

panchanama

is MO

. signature. the

Which bears his PW9 CDF. mediator

Ex.P2 the of 1

sketch A1 for

of

pestle under the cover for recovery confession and the

Ex.P3.

panchanama

of

is

Hospital, Hyderabad who

Medical Officer MC the Yeshoda

16). PWI10 the on that 27-5-2014 PW2 was issued ExP4 deposed treated and PW2 by

in of to

injury assault known persons

admitted Hospital with history head due

15 of

of of

at

consciousness for minutes, history nose 6.30 History loss pm. He

15 of to

minutes. underwentCT scan the brain and diagnosed bleeding for

in

have subrachmoid haemorrhage white franto parietal and temporal regions

He seen by

to

addition there fracture the right orbit right maxilla also. was was

on decreased. He

eye is Opthalmist opined and vision the right the treated was

he on request on He

. with medication and discharged 1-6-2014 was did not

to up

have opportunity the see for further follow him subsequently. said in The

is of of

be

out. injury grievous nature. possibility The loSs human life cannot ruled

is

17). PVW11 the Investigating Officer, who speaks about the investigation

in

to on

at

done this case. According him 27-5-2014 on 8.30-p.m. gave he PW1

in

complaint Ex.P1 basing which registered the case Cr.NO: 83/14 u/s 307

he

r/w34 and issued IPC FIR,Ex.P65 of and examined and recorded

to the statement

of

n

PW1, proceeded the scene offence of and examined the scene the

he

presence

PW8 and another prepared

and

an CDF and rough sketch an and examined PWs. 6,7,

on LW7 Ravichander recorded

he their detailed

statements,

30-5-2014 visited

Yeshoda Hospital,

Somajiguda Hyderabad

3 to on and examined

he A1 A4

5, to

PW2 and also PWs.

A1 5-6-2014

apprehended

in and

of

at of

interrogated

the presence he PW9 A1 and LW12 Anjaiah instance by and the

in

A1, to recovered the pestle used the offence sent the accused

of

judicial

custody after

and completion the investigation

filed charge sheet.

So

on A1

16). entire the evidence

on A1 record categoricaly

A4 show that

to beat with

PW2

pestle in

his head and abused PW2 and Sustained injuries PW2 the ) (rA.No: 44-16

27-5-2014

y

on

of

esi acUsed. Therefore, basing

A1 the evidence trial

PWs. The Court

is

of to

ihtly

observe that

found guilty attract the beating But PWZ.

"

offence u/s 307 1PC. the prosecution must establish that whoever does or any

if he by

act with Such intention

knowledge under

and such circumstances that,

he be

of be

that act caused death, would quilty murder,

shall

of punished

a wtn

to

imprisonment either description

for term which be may extend ten years to and

if is to by

shall also liable fine and hurt caused any person be such act, the

to or

to

as

offender shall liable either

imprisonment for life

is A1 Such punishment,

is

hereinbefore mentioned. Trial

The Court observed that found guilty for

in of 1

to 7

the offence u/s A1 307 IPC but nowhere the evidence PWs. they stated

to So no

is in

has got intention kill PW2 also there circumstance showing

A1

of to 7

this case the evidence from PWs.1 that has got knowledge that the

by

to to

injuries caused are likely cause his death. Therefore him PW2 the

on

is at of to

evidence record not all establishing the ingredients Sec. A1 307 IPC

of

bring home under the purview Sec. 307 IPC. Nodoubt the prosecution

A1

a

established that beat with pestle. though the trial Court PW2 Even has

A1

, is

Convicted for the offence u/s 307 IPC. the offence u/s not when 307 IPC

is to of as to

out the Court empowered alter the section law and decide made

on

is

what the offence attracted against..the accused basing the evidence

by is be

offence which lesser can into taken adduced the prosecution. The

consideration.

As in

Sec. "whoever except the case provided for Sec. 334, per 324 IPC

by of or

voluntarily causes hurt any instrument for shooting, stabbing means

or as a of is to

cutting, instrument which, offence, likely cause any used weapon

by of or or by of or

or

death fire any heated substance, means any poison means

by or by

or of

corrosive sutbstance, means any explosive substance means any

is to inhale, to

of it to

substance, which deleterious the human body any

or by of be

or to

into blood animal shall Swallow, receive the means any

of a to

punished with imprisonment either description for term which may extend

or or

with fine with both. three years

So by

to

according this section, whoever voluntarily causes any hurt means

of is to

instrument stabbing etc., that weapon likely cause death, any used for

is

liable for Sec. conviction under IPC. 324 the said person rer 10 Cr.A.No: 44-16 during

shall be set off u/s

No

NO.1

on

on

So

in record

A1 and No.1/accused

the evidence

hand, of the pellant

this case

to injurles

by at

guilt for hold the all sufficient the

to are not by offence

PW2 forthwit are sufficient

say 2t pellant

injuries received PW2 that

the the IPC however

is

Court remand

offence u/s 324 IPC. The

the t liberty

committed an

NO.1 had empowered

is

unde o

offence o

charged with Cr.P.C. Sec. 222 when person any

of Consisting of

a a

which constitutes some only

several particulars combination

complete

is

remaining particulars aro minor offence, and such combination proved but the

he be of he

proved, convicted the minor offence, though was not not may with it. charged

As

in it

per the decision reported 2007(2) SCJ.820 held that was

is of

where the accused charged with major offence ingredients and said offence

a is be

of

are missing and where minor offence made out, acCused can conVicted minor offence, though charged it. not with Therefore, 0s even though offence u/s 307 IPC not made, this Court convict can the accused of NO.1 for the offence u/s

Al by

324 IPC instead convicting of the u/s 307 am IPC setting aside

I of the judgment

Trial is the Court. Hence the opinion that the acCused u/ IP he NO.1 not liable

is

for the offence 307 and liable for conviction for the offence is to u/s 324

of

IPC and the prosecution not able establish the quilt the accused No.1for the offence u/s 307 IPC beyond

to A1 reasonable doubt

of but the prosecution was able establish guilt as the for the offence u/s 324 IPC. Sofar the other accused are concerned the trial Court has rightly observed that they are liable for the offence u/ss to 323,290 IPC and rightly

convicted

them acCording Law. These points are

answered accordingly

In

is

the result, of the appeal partly allowed, by and the conviction the accused

No.1/appellant

No.1 passed the trial Court Convicting the accused No.1 for to the offence u/s 307 IPC and

sentencing

him undergo

to a of Rigorous

Imprisonment for in Five years to and pay fine Rs.500/-and default

suffer is

Simple imprisonment for is one month hereby set aside is and the sentence modified and the accused No.1 convicted to for the offence u/s 324 IPC and sentenced a of undergo Rigorous

to a imprisonment for

of period

twenty(20)

days and also pay fine )

in of Rs.

of 30,000/-(Rupees thirty

to thousand

only default and payment fine suffer Simple Imprisonment for six of months for the offence u/s 324 IPC and the

is conviction

the acCUsed of No.1 for the u/s offence 290 IPC by

confirmed.

The sentence

imprisonment

undergone

accused 44-16 Cr.A.No:

by

janellant NO.1 during remand period after passing judgment tril

be and

it is

shall set off that the Jurt u/s 428 Cr.P.C. record noted (As per the

in to

appellant No.1/acCUsed No.1 jail 5-6-2014 18-6-2014 during

was from

A1

to be

remand period and after judgment from 3-3-2016 15-3-2016). shall set

at is to

forthwith. directed fine before trial liberty The accused No.1 pay the

of by a or

Court forthwith. Out the fine amount paid the accused No.1 sum

to be to

) is

five thousand only ordered paid (Rupees twenty PW2

Rs.25,000/-

Sec. Cr.P.C. after the expiry

Erugurala towards Compensation under A2 A4 357

Naveen

by is

to

of

dismissed confirming the

time. appeal filed the appeal The

of

offences u/s 323,290 IPC. Trial convicting them for the judgment the Court

my 1 of

of

Court this the day the seal the Given under hand and

2016.

September,

.

V

0000

SESSIONsJUDGE

ADDL.

KARIMNAGAR.

TSKA000015502015

Presented on : 30-12-2015 Registered on : 04-01-2016 Decided on : 29-08-2016 Duration : 0 years, 7 months, 30 days

IN THE COURT OF

V Addl District and Sessions Judge

AT KARIMNAGAR ,KARIMNAGAR

(Presided Over by Sri D.Vasudeva Rao)

CRLA/400003/2016

Exhibit No. (PROSECUTION): Are Ravinder @ Ravi Through Police Station Officer III Town, Karimnagar 193 , H.No.3-7-6022, Vavilalapalli locality of Karimnagar

KARIMNAGAR KARIMNAGAR

2: Are Raju Age: Occupation

Are Ravinder @ Ravi VERSUS : The State through Inspector of Police, III T Karim Age: 0 Occupation : The State through Inspector of Police, III Town, Karimnagar.

----------------------------------------------------------------------------- APP for State }: Sri Erram Raja Reddy,Sri Erram Raja Reddy Advocate for P.P appearing for The State through Inspector of Police, III T Karim Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under : 374(3) of CODE OF CRIMINAL

PROCEDURE,

of , of , of ,

JUDGMENT

(Delivered on 29-08-2016)

ORDER

Appellants present. Judgment pronounced, vide separate judgment. In the result, the appeal is allowed and he judgment in SC.No.307/2014, dt:15-12-2015 on the file for the Prl. Asst. Sessions Judge, Karimnagar is hereby set aside and the accused/appellants are acquitted u/s.235(1) Cr.P.C. For the offence u/s.324 IPC. Their bails bonds shall stand cancelled. They are set at liberty. The fine amount, if any, paid by the appellants shall be refunded to them after the expiry of the appeal time.

Date : 29-08-2016 (Sri D.Vasudeva Rao)

V Addl District and Sessions Judge

KARIMNAGAR KARIMNAGAR

Dictated on :

Transcribed on : checked on : Signed on :

(Sri D.Vasudeva Rao) V Addl District and Sessions Judge

KARIMNAGAR KARIMNAGAR

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TSKA000002502015

Presented on : 13-01-2015 Registered on : 18-03-2015 Decided on : 11-08-2016 Duration : 1 years, 6 months, 29 days

IN THE COURT OF

V Addl District and Sessions Judge

AT KARIMNAGAR ,KARIMNAGAR

(Presided Over by Sri D.Vasudeva Rao)

SC.SPL/400025/2015

Exhibit No. (PROSECUTION): Kondra alias Bonagani Shirisha Through Police Station Officer Excise Police Station, Godavarikhani 390 , Ro. H.no.8-2-199, Vinobha Nagar, Godavarikhani

KARIMNAGAR KARIMNAGAR

Kondra alias Bonagani Shirisha VERSUS : A1 Bonagani Raj Kumar Goud Age: 0 Occupation : Ro. H.no. 9-31, Kamanpur X road, Karimnagar village andmandal, Karimnagardistrict ----------------------------------------------------------------------------- APP for State }: P.P., Advocate for VENUGOPAL THIRUNAGARI appearing for A1 Bonagani Raj Kumar Goud Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under :

U/s.498Aand313IPCandS.4ofDPAct of

INDIAN PENAL CODE,

U/s.3(i)(x)ofSC/STs.(PoA)Act,1989 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, of , of ,

JUDGMENT

(Delivered on 11-08-2016)

ORDER

Accused is present. Judgment pronounced. Vide separate judgment. In the result, the accused is found not guilty for the offences punishable u/s.498-A, 313 IPC and Sec.3(1)(xi) of the SCs/STs (POA) Act, 1989 against the accused and accordingly he is acquitted u/s.232 Cr.P.C for the said offence. His bail bonds shall stand cancelled. Unmarked case property if any shall be destroyed after the appeal time.

Date : 11-08-2016 (Sri D.Vasudeva Rao)

V Addl District and Sessions Judge

KARIMNAGAR KARIMNAGAR

Dictated on :

Transcribed on : checked on : Signed on :

(Sri D.Vasudeva Rao) V Addl District and Sessions Judge

KARIMNAGAR KARIMNAGAR

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IN THE COURT OF

Spl Judge for Trial of cases under SCs and STs Act Cum III Addl District and

Sessions Judge

AT KARIMNAGAR ,KARIMNAGAR

SC.SPL/400025/2015 (11-08-2016)

Kondra alias Bonagani Shirisha Through Police Station Officer Excise Police Station, Godavarikhani 390 , Ro. H.no.8-2-199, Vinobha Nagar, Godavarikhani

KARIMNAGAR KARIMNAGAR

VERSUS A1 Bonagani Raj Kumar Goud, Ro. H.no. 9-31, Kamanpur X road, Karimnagar village andmandal, Karimnagardistrict

JUDGMENT

Accused is present. Judgment pronounced. Vide separate judgment. In the result, the accused is found not guilty for the offences punishable u/s.506 IPC and Sec.3(1)(x) of the SCs/STs (POA) Act, 1989 against the accused and accordingly he is acquitted u/s.232 Cr.P.C for the said offence. His bail bonds shall stand cancelled. Unmarked case property if any shall be destroyed after the appeal time

Sd/-

Spl Judge for Trial of cases under SCs and STs Act Cum III Addl District and Sessions Judge

KARIMNAGAR