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IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS,
NANDYAL
Present:- Kum. G.Archana,
JUDICIAL MAGISTRATE OF FIRST CLASS, NANDYAL
Thursday, the 13th day of July, 2023.
C.C.No.85/2023
State: Represented by: Inspector of Police,
Nandyal Taluka U.P.S. ... Complainant
-Vs-
Alwin Kamamo @ Ecozona s/o. Peter, Age 23 years, IMO state,
Vmuka Town, Nigeria Country. ... Accused
(convicted prisoner in Cr.No: 255/20, U/s.420 r/w 34 IPC and Sec.66 of 1.T Act 2008 Sec. 14 A (6) Sec. 5 of Registration of Foreigners Act 1939 and Sec.5 and 6 of the registration of foreigners rules 1992 of Yemmiganur Town P.S by the Court of Honourable JFCM Nandyal vide CC.No: 426/2022 and lodged in Central Prison, Kadapa)
This case came before me on 30.06.2023 for final hearing in the presence of learned APP for prosecution and Sri.K.Srinivasulu, Advocate for the accused, upon hearing the arguments, having stood over for consideration and having perused the material on record, this Court delivered the following:-
:: J U D G M E N T ::
1.The Inspector of Police, Nandyal Taluka U.P.S filed charge sheet against accused in Crime No.372/2022 for the offence punishable under Section 332, 224 r/w 511 Indian Penal Code (hereinafter to be referred as IPC).
2.The allegations in charge sheet in brief are as under:
That on 16.10.2022, at 2300 hours, on 17.10.2022, LWs.1 to 5- K.Srinivasa Murthy, ARSI-2097, B.Ekambaram, ARHC-583, B.Nagaraju,
ARPC-1877, C.Nagabushan Reddy, ARHC-189 and J.Ravi, ARHC 670 were on escort duty to bring prisoners (1) R.P.No.4634 Alwin Kamamo @
Ecozona, (2) R.P.No.4635 Onoha Chukuwemuka @ Emmy and (3) Iloka
Sabastine Kjke @ David Williams, from Central Prison Kadapa to Judicial
Magistrate of First Class, Yemmiganur (hereinafter to be referred as
JMFC, Yemmiganur), where they were sentenced to suffer imprisonment 2 for a period of three years with fine; that they obtained conviction warrants and that on their way to Central Prision Kadapa, when they reached Ayyaluru turning on Kurnool-Kadapa highway, at 2147 hours, at request of accused to attend nature calls, LWs.1 to 6/K.Srinivasa Murthy,
ARSI-2097, B.Ekambaram, ARHC-583, B.Nagaraju, ARPC-1877,
C.Nagabushan Reddy, ARHC-189, J.Ravi and P.Sudhakar, ARPC 1789 stopped police vehicle towards left side of the road, where LWs.1 to 3 took accused to attend nature calls with all precautionary measures and that accused suddenly thrown LW1 and ran away from there, due to which he sustained scratch injury on left knee and right elbow; that
LW2/B.Ekambaram and LW3/B.Nagaraju caught hold of accused; that thereby accused committed offences punishable U/s.332, 224 r/w 511
IPC.
That based on the complaint of LW1/K.Srinivasa Murthy, a case in Crime No.372/2022 was registered U/s.332, 224 r/w 511 IPC, and investigated into. During the course of investigation, the Investigation
Officer examined material witnesses, visited scene of offence place, collected necessary material and on completion of investigation filed charge sheet.
3.Cognizance is taken for the offence punishable U/s.332, 224 r/w 511 IPC against accused.
4.On appearance of accused, copies of all relevant documents relied by prosecution, were furnished to him under section 207 Cr.P.C.
He was examined U/s.239 Cr.P.C. Substance of accusation leveled against him and charges framed for the offences punishable U/s.332, 224 r/w 511 IPC were read over and explained to him in Telugu, for which he denied, pleaded not guilty and claimed to be tried.
5.During trial, in support of its case, prosecution examined
PWs.1 to 6. Exhibits P1 to P3 are marked on behalf of prosecution. The learned APP has given up the evidence of LW5/J.Ravi, ARHC 670. Hence, prosecution evidence was closed.
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6.On closure of prosecution evidence, accused was examined under section 313 Cr.P.C., incriminating circumstances found against him in the evidence of prosecution witnesses were read over and explained to him in vernacular language, for which he denied and did not propose any evidence in his defence.
7.Heard learned A.P.P. for the State and the learned counsel
for accused respectively.
8.Now the point for determination is :- “Whether prosecution established guilt of accused for
offences punishable U/s.332, 224 r/w 511 IPC., beyond
reasonable doubt?”
POINT:-
9.The case of prosecution is that on 17.10.2022, PWs.1 to 4 and LW5/J.Ravi, ARHC 670 were on escort duty to bring prisoners (1)
R.P.No.4634 Alwin Kamamo @ Ecozona, (2) R.P.No.4635 Onoha
Chukuwemuka @ Emmy and (3) Iloka Sabastine Kjke @ David Williams, from Central Prison Kadapa to Judicial Magistrate of First Class,
Yemmiganur, where they were sentenced to suffer imprisonment for a period of three years with fine; that they obtained conviction warrants and that on their way to Central Prision Kadapa, when they reached
Ayyaluru turning on Kurnool-Kadapa highway, at 2147 hours, at request of accused to attend nature calls, PWs.1 to 5 and LW5/J.Ravi, ARHC 670, stopped police vehicle towards left side of the road, where PWs.1 to 3 took accused to attend nature calls with all precautionary measures and that accused suddenly thrown PW1 and ran away from there, due to which he sustained scratch injury on left knee and right elbow; that PW2 and PW3 caught hold of accused; that thereby accused committed offences punishable U/s.332, 224 r/w 511 IPC.
10.PW1 deposed that on 16.10.2022 at about 2300 hours, he and three other head constables were issued passports by one
Ramesh,RSI, for escorting accused from central prison, Kadapa to JMFC,
Yemmiganuru; that accused was involved in a cheating case and the same was posted for Judgment on 17.10.2022 at JMFC court, 4
Yemmiganuru; that he along with PWs.2 to 4 and LW5/J.Ravi, proceeded to central prison, Kadapa, in police jeep and reached there by 06.50 AM and that they took accused and two others into custody at 07.05 AM after completion of all formalities and proceeded to JMFC court,
Yemmiganuru and reached there by 11.30 AM, where accused and two others were convicted in that said case and sentenced to suffer imprisonment for a period of three years; that they started to central prison, Kadapa along with accused and two others at about 05.30 PM after completion of all formalities and that they stopped at Orvakal police station for having dinner at 07.00 PM; that at about 09.45 PM, when they reached ayyalurumetta, where accused requested them to stop to attend nature calls; that they stopped and he along with PWs.2 and 3 went along with accused, that he held the hand of accused with a leading chain, where accused pushed him because of which he fell down and sustained injury to left knee, meanwhile accused pulled the said chain and tried to escape; that PWs.2 and 3 caught hold of him; that immediately, they made a phone call to their superior officers and on their directions, they went to central prison, Kadapa forthwith and reached there by 03.15 AM on 18.10.2022 and handed over accused and two others after completion of all formalities at central prison, Kadapa at 03.30 AM; that they reached Nandyal at 10.30 AM and lodged a complaint against accused in Taluka Police station, Nandyal and after that he was sent to GGH, Nandyal for treatment.
11.PW1 in his cross examination stated that they stopped the jeep at southern side of Ayyalurumetta road towards Allagadda, which is about 15 feets from Ayyalurumetta cross road turning, that he does not remember the registration number of said police jeep, that even while sitting in the jeep, accused was held by him with a leading chain, that
PW2 and PW3 were standing beside the accused, while he held the said chain, that he did not sustain any injury on his palms when accused pulled the said chain and tried to escape, that accused ran away for a distance of about 500 meters and that they caught hold of him. He admitted that when police examined him under section 161 Cr.P.C, he stated that accused pushed him and tried to escape and that the place where they stopped said jeep is a dark place and surrounded by 5 agricultural fields. He denied the suggestion that accused cannot escape from that place for about 500 meters since the place is surrounded by agricultural fields, which are logged by water and mud. He even admitted that PW4, PW5 and LW5 were present in said jeep while they went along with accused to attend nature calls. He stated that accused escaped from back side of the said jeep into agricultural field, that he informed about the said incident to Nandyal Taluka PS through a phone call, while they were proceeding to Central Prison, Kadapa and that he does not know who lifted said phone call. He even admitted that they are armed with loaded guns and accused are aware about the same.
12.PW2 deposed that on 16.10.2022, at about 2300 hours, he along with PW1, PWs.3 to 5 and LW.5/J.Ravi received instructions from one Ramesh, RSI, for escorting accused and two others from central prison, Kadapa to JMFC Court, Yemmiganuru and that they were given passports at 2300 hours; that accused was involved in IT Act case in
CC.No.426/2022; that on the next day, I along with PW1, PWs.3 to 5 and
LW.5/J.Ravi proceeded to central prison, Kadapa, in police jeep bearing
No.AP 39 P 0116, that PW5 was the driver of the same and reached there by 06.50 AM and took accused and two others into custody at 07.05 AM after completion of all formalities and proceeded to JMFC court, Yemmiganuru and reached there by 11.30 AM; that accused and two others were convicted in the said case and sentenced to suffer imprisonment for a period of three years at central prison, Kadapa; that they started to central prison, Kadapa along with accused and two others at about 05.30 PM after completion of all formalities and stopped at Orvakal police station for having dinner at 08.00 PM; that after 40 minutes they started and at about 09.45 PM, they reached ayyalurumetta, where accused requested them to stop to attend nature call, that they stopped their jeep on the left side of the road and he along with PW1 and PW3 went along with accused and PW1 held the hand of accused with a leading chain; that accused was taken to back side of the jeep, where he pushed PW1 because of which he fell down and sustained injury to left knee and right elbow; that accused ran away on the main road and then to the left side of road, for a distance of about 500 meters; that he along with PW3 caught hold of accused and that PW1 also joined them; that accused was made to sit in the jeep and 6 that immediately, PW1 made a phone call to superior officers and on their directions, they informed Taluka PS about the incident since the incident comes under the jurisdiction of Nandyal Taluka PS and went to central prison, Kadapa forthwith and reached there by 02.45 AM on 18.10.2022 and handed over accused and two others after completion of all formalities at central prison, Kadapa at 03.30 AM, when they were given return passports; that they reached Nandyal at 10.30 AM and PW1 lodged a complaint against accused in Taluka Police station, Nandyal.
13.PW2 in his cross examination stated that they have submitted passports issued to them by JMFC Court, Yemmiganur and return passports issued by central prison, Kadapa, to police. He further stated that he knows that scene of offence place is Ayyalurumetta, that the said jeep was parked towards Kadapa route, in service road, that accused was running in the direction of Nandyal route on the main road for a distance of about 200 meters and then took a left into open fields and ran for about 300 meters, that there were no agricultural fields to the left side of the road on which accused was running and to the right there were agricultural fields, that the said leading chain is about a meter and it weighs about two and half to three Kgs.
14.PW3 deposed that on 16.10.2022 at about 2300 hours, he along with PW1, PW2, PW4, PW5 and LW.5/J.Ravi received instructions from one Ramesh, RSI, for escorting accused and two others from central prison, Kadapa to JMFC Court, Yemmiganuru and that they were given passports; that accused was involved in a IT Act case in
CC.No.426/2022; that on the next day morning, he along with PW1, PW2,
PW4, PW5 and LW.5/J.Ravi proceeded to central prison, Kadapa, in police jeep bearing No.AP 39 P 0116; that they took accused, one Immi and
Sebastian into custody at 07.05 AM after completion of all formalities and proceeded to JMFC court, Yemmiganuru and reached there by 11.30
AM and produced them before the Court; that accused and two others were convicted in that said case and sentenced to suffer imprisonment for a period of three years at central prison, Kadapa; that they started to central prison, Kadapa along with the above said persons at about 05.30
PM after completion of all formalities and stopped at Orvakal police 7 station for having dinner at 08.00 PM; that after 40 minutes they started and at about 09.45 PM, they reached ayyalurumetta, where accused requested them to stop to attend nature call; that they stopped their jeep on the left side of the road and he along with PW1 and PW2 went along with accused and PW1 held the hand of accused with a leading chain; that accused ran away for a distance of about 500 meters, back side of the jeep; that he along with PW2 caught hold of him; that immediately, PW1 made a phone call to their superior officers and on their directions, they went to central prison, Kadapa forthwith and reached there by 02.45 AM on 18.10.2022 and handed over accused and two others after completion of all formalities at central prison, Kadapa at 03.30 AM; that they reached Nandyal at 10.30 AM and PW1 lodged a complaint against accused in Taluka Police station, Nandyal.
15.PW3 in his cross examination stated that they stopped the jeep to the left side on the highway, that accused was running in the direction of Nandyal route on highway for a distance of about 200 meters and then took a left into open fields and ran for about 300 meters. He admitted that accused had to cross the road to run towards left side, and that he ran towards other side of highway, that generally there is heavy traffic at night times on highway but stated that on the date of incident there was no such heavy traffic. He denied suggestion that there were agricultural fields to the left side of highway and stated that there were open fields. He stated that PW1 was present near the jeep at that time. He admitted that PW4,PW5 and LW5 were present in the jeep along with other persons. He stated that CI of police, Taluka PS, recorded his statement and statements of PW1,PW2,PW4,PW5 and LW5 in writing and that PW1 was sent to hospital for treatment, by police, at 11.30 AM.
16.PW4 deposed that on 16.10.2022 at about 2300 hours, he along with PW1 to PW3, PW5 and LW.5/J.Ravi received instructions from one Ramesh,RSI, for escorting accused and two others by name Emmy and Sebastian, from central prison, Kadapa to JMFC Court,
Yemmiganuru and that they were given passports; that accused were involved in an IT Act case in CC.No.426/2022; that on the next day 8 morning, he along with PW1 to PW3, PW5 and LW.5/J.Ravi proceeded to central prison, Kadapa, in police jeep bearing No.AP 39 P 0116; that they took them into custody at 07.05 AM after completion of all formalities and proceeded to JMFC court, Yemmiganuru and reached there by 11.30
AM and produced them before the Court; that they were convicted in that said case and sentenced to suffer imprisonment for a period of three years at central prison, Kadapa; that they started to central prison,
Kadapa along with the above said persons at about 05.30 PM after completion of all formalities and on the way they took parcels at Kurnool and stopped at Orvakal police station for having dinner at 08.00 PM, that after 45 minutes they started and at about 09.45 PM, they reached ayyalurumetta, where accused requested them to stop to attend nature call; that they stopped their jeep on the left side of the road and PW1 to
PW3 went along with accused and PW1 held the hand of accused with a leading chain; that he was present in the jeep along with other two persons mentioned above, PW5 and LW5/J.Ravi; that they saw from the jeep that accused ran away for a distance of about 500 meters; that
PW1 fell down since accused pulled the leading chain and thereby sustained injury on his knee; that PW2 and PW3 caught hold of accused; that immediately, PW1 made a phone call to their superior officers and after an hour they went to central prison, Kadapa and reached there by 03.30 AM; that they reached Nandyal at 10.30 AM and PW1 lodged a complaint against accused in Taluka Police station, Nandyal.
17.PW4 in his cross examination stated that the said police jeep was stopped on the left side on highway road, that the distance between police jeep and place where the accused was taken to attend nature call was about ten feets and that the said place is to the left side of the police jeep and that accused ran away on service road, which leads to
Nandyal. He denied suggestion that they did not observe the said incident and that it is not visible since it was dark.
18. PW5 deposed that on 16.10.2022 at about 2300 hours, he along with PW1 to PW4 and LW.5/J.Ravi received instructions from one
Ramesh,RSI, for escorting accused and two others from central prison,
Kadapa to JMFC Court, Yemmiganuru and were given passports; that 9 accused were involved in an IT Act case in CC.No.426/2022 and that on the next day morning, he along with PW1 to PW.4 and LW.5/J.Ravi proceeded to central prison, Kadapa, in police jeep bearing No.AP 39 P 0116 and reached there by 06:05 AM; that they took them into custody at 07.05 AM after completion of all formalities and proceeded to JMFC court, Yemmiganuru and reached there by 11.30 AM and produced them
before the Court, where they were convicted in that said case and
sentenced to suffer imprisonment for a period of three years at central prison, Kadapa; that they started to central prison, Kadapa along with the above said persons at about 05.30 PM after completion of all formalities and on the way they took food parcels at Kurnool and stopped at Orvakal police station for having dinner at 08.00 PM; that after an hour they started and at about 09.45 PM, they reached ayyalurumetta, where accused requested them to stop to attend nature call; that they stopped our jeep on the left side of the road and PW1 to
PW3 went along with accused and PW1 held hand of accused with a leading chain; that he was present in the jeep along with PW4 and other two persons mentioned above and LW5/J.Ravi; that they saw from the jeep that accused ran away for a distance of about 500 meters; that
PW2 and PW3 caught hold of accused; that immediately, PW1 made a phone call to their superior officers and after an hour they went to central prison, Kadapa and reached there by 03.30 AM; that they reached Nandyal at 10.30 AM and PW1 lodged a complaint against accused in Taluka Police station, Nandyal.
19. PW5 in his cross examination admitted that he was sitting in driver seat. He stated that PW2 and PW3 along with accused got down from the said police jeep from the back side and PW1 got down from beside his seat and that when PW2 and PW3 got down, PW3 was holding the leading chain of accused; He further stated that distance between police jeep and place where the accused was taken to attend nature call was about ten feets. He denied suggestion that since he was in the driver seat he cannot see what is happening at the back and stated that it can be viewed from the center mirror, which is fixed infront of him. He stated that accused ran away on earthen road (matti road) beside the service road, which leads to Nandyal.
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20.PW6 is the investigation officer and he deposed that he registered this case based on Ex.P1/complaint by PW1, examined witnesses, proceeded to scene of offence place situated near
Ayyalurmetta cross and drawn rough sketch/Ex.P3.
21.PW6 in his cross examination admitted that on 17.10.2022, the incident occurred and the same was informed on the same date orally via phone call to Nandyal Taluka PS by PW1 and that as per Ex.P1 and Sec.161 Cr.P.C statement of PW1, PW1 sustained injuries on left leg knee and elbow of right hand. He stated that PW1 was sent to GGH,
Nandyal for treatment and admitted that doctor is not cited as a witness in this case and wound certificate is also not filed. He even admitted that as per evidence and Sec.161 Cr.P.C statements of PW1 to PW5, they did not mention the specific direction in which the accused escaped and about the leading chain of accused, that as per Ex.P3, police vehicle was parked to the left side of the highway and that Sec.161 Cr.P.C statements of PW1 to PW5 and LW.5/J.Ravi are recorded directly in the computer.
22.Section 332 of IPC reads as under:- “Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
23.The essential ingredients to be established by prosecution to prove charge against accused for offence punishable under Section 332 of IPC are as follows:- The public servant must be discharging his duties as such public servant; Such public servant must be caused hurt voluntarily by accused; 11 The act must be done with the intent to deter or prevent the public servant from discharging his duty; In any other case, any person does or attempts to do anything in the lawful discharge of his duty as a public servant.
24.In the present case, it is the foremost duty of the prosecution to establish that PW1 was discharging public duty at the time of incident.
To establish the same, apart from evidence of PWs.1 to 5, prosecution must have produced duty passport of PW1, that on the date of incident he was discharging official duty i.e., escort duty, as public servant. As per evidence of PW1, he obtained duty passport on 16.10.2022 at 2300 hours for escorting accused but the said passport is not produced in court, so as to believe that PW1 was on escort duty on date of incident.
25.Further, it has to be established by prosecution that accused voluntarily caused hurt to PW1. PW1 deposed that he was sent to GGH,
Nandyal, for treatment but admittedly prosecution neither cited any doctor as witness nor produced any wound certificate to prove that PW1 ever sustained any injury. That apart, PW1 deposed that when accused pushed him, he fell down and sustained injury to his left knee only, whereas PW6 admitted in his cross-examination that as per Ex.P1 and
Section 161 Cr.P.C statement of PW1, PW1 sustained injury on left leg knee and right hand elbow, all of which raises a doubt as to whether
PW1 sustained any injuries by act of accused. Further, alleged eye witnesses to the incident are PW2 and PW3, who accompanied PW1 and accused to take accused for purpose of attending nature calls. PW2 deposed that accused pushed PW1, because of which he fell down and sustained injury to his left knee and right elbow, which is not corroborating with the evidence of PW1 who stated that he sustained injury only on left knee. PW3, another alleged eye witness deposed nothing about injury sustained by PW1, which makes his evidence of no use to the case of prosecution to establish charge under Section 332 of
IPC. Further, PW4 deposed that he was in jeep along with two persons who were allegedly convicted along with accused by JMFC, Yemmiganur,
PW5 and LW5 and that he saw from jeep that accused ran away for about 500 meters and that PW1 fell down since accused pulled leading 12 chain and thereby sustained injury on his knee. But, admittedly it was dark at the time of incident and he was in jeep and allegedly accused ran away for about 500 meters, which makes his evidence untrustworthy and a doubtful circumstance.
26.In view of the above, it is clear that prosecution has failed to produce any documentary evidence to establish that PW1 was discharging official duty as such public servant at the time of incident and though PW1, PW2 and PW4 stated that PW1 sustained injury, their statements were contradictory, which makes it a doubtful circumstance that accused voluntarily caused hurt to PW1, while he was discharging duty as such public servant. For the reasons stated supra prosecution has failed to establish guilt of accused for the offence punishable under
Section 332 of IPC beyond reasonable doubt. Thus, accused is entitled for benefit of doubt and acquittal for the offence punishable under
Section 332 of IPC.
27.The next charge against accused is for offence punishable under Section 224 IPC, which reads as under:- “Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
28.The essential ingredients to be established by prosecution to prove charge against accused for offence punishable under Section 224 of IPC are as follows:- Accused must intentionally resist or illegally obstruct lawful apprehension of himself for any offence with which he is charged or has been convicted.
Or he should escape or attempt to escape from custody in which he is lawfully detained for any such offence.
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29.In the present case, though PWs.1 to 5, in one voice stated that accused along with two other persons was convicted by JMFC,
Yemmiganur, on the date of incident, prosecution has failed to produce any document to the effect that accused was convicted in such case on the date of incident. Neither the judgment copy was produced before this court nor the conviction warrant of accused, which raises a reasonable doubt as to whether accused was in lawful custody of PWs.1 to 5 at the time of incident and that he intentionally tried to escape from the same. Further, duty passports of PWs.1 to 5 that they were on escort duty on the date of incident, are also not filed before this court. For the reasons stated supra prosecution has failed to establish guilt of accused for the offence punishable under Section 224 of IPC beyond reasonable doubt. Thus, accused is entitled for benefit of doubt and acquittal for the offence punishable under Section 224 of IPC.
30.As discussed in the foregoing paragraphs, several doubts arise in the case of prosecution viz., whether PWs.1 to 5 are public servants and whether they were on duty as such public servants on the date of incident and whether accused was in lawful custody on the given date and lastly whether the accused made an attempt to escape from alleged lawful custody and in that process caused hurt to PW1 or not.
Since prosecution failed to produce any documentary evidence to answer the above doubts, those doubts remained unanswered by prosecution. As such, accused is squarely entitled to get benefit of such doubts. In view of the above, it is concluded that prosecution has failed to bring home guilt of accused for the charged offences punishable
U/s.332, 224 r/w 511 IPC beyond reasonable doubt. Point is answered accordingly.
31.In the result, accused is found not guilty for the offences punishable U/s.332, 224 r/w 511 IPC and acquitted for the same
U/s.248(1) Cr.P.C. Accused is ordered to be set at liberty forthwith, if not required in any other case.
Typed to dictation by the Stenographer, signed and
pronounced by me in the open court, on this the 13 th day of July, 2023.
Judicial Magistrate of First Class,
Nandyal.
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Appendix of Evidence
Witnesses examined
For Prosecution:- For Defence:-
P.W.1 : K.Srinivasa Murthy, ARSI-2097None P.W.2 : B.Ekambaram, ARHC-583 P.W.3 : B.Nagaraju, ARPC-1877 P.W.4 : C.Nagabushan Reddy, ARHC-189 P.W.5 : P.Sudhakar, ARPC-1789 (Driver) P.W.6 : V.Murali Mohan Rao, Inspector of Police
Exhibits marked
For Prosecution:- For Defence:-
Ex.P1: Complaint Nil Ex.P2: First Information Report Ex.P3: Rough sketch
Material Objects
For Prosecution:- For Defence:-
Nil
Judicial Magistrate of First Class,
Nandyal.
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CALENDAR AND JUDGMENT
IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS, NANDYAL
C.C.No.85/2023
1. Date of offence17.10.2022
2.Date of report or Complaint18.10.2022
3.Date of apprehension of the accused19.11.2022
4.Date of release on bail--
5.Date of commencement of trial01.03.2023
6.Date of close of the trial20.06.2023
7.Date of sentence of order 13.07.2023
8.Explanation of delay and remarks-
Complainant State: Represented by: Inspector of Police, Nandyal Taluka U.P.S. AccusedAlwin Kamamo @ Ecozona s/o. Peter, Age 23 years, IMO state, Vmuka Town, Nigeria Country. Offence U/s.332, 224 r/w 511 IPC
FindingAccused found not guilty.
Sentence In the result, accused is found not guilty for the offences punishable U/s.332, 224 r/w 511 IPC and acquitted for the same
U/s.248(1) Cr.P.C. Accused is ordered to be set at liberty forthwith, if not required in any other case.
Judicial Magistrate of First Class,
Nandyal.
Copy submitted to the Hon’ble Chief Judicial Magistrate, Kurnool.