Sri. J. Upender Rao

I Addl. Junior Civil Judge

Mancherial, SCJ Court Complex · Mancherial · Telangana

Sri. J. Upender Rao, I Addl. Junior Civil Judge, is posted at Mancherial, SCJ Court Complex, Mancherial, Telangana, India. 3,160 court orders on record since 2014. 5 judgments with full text available. Primarily handles CC, STC, DVC cases.

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CC/200034/2017 Acquitted

Through police, CCC Naspur vs Rayaveni Rajesh and one anoher

29 Apr 2017

CC.No. 34/2017 Dated 29.4.2017 Page No. 1 of 11

IN THE COURT OF I ADDL.JUDICIAL I CLASS MAGISTRATE AT

MANCHERIAL.

Present: Sri. J. Upender Rao, I A.J.M.F.C, Mancherial. Saturday, this the 29th day of April, 2017.

C.C.No. 34 of 2017

Between:- The State rep. by Sub-Inspector of Police, P.S CCC Naspur.

....Complainant.

AND

1. Rayaveni Rajesh, S/o. Mallesh, age 30 years, Caste: Golla, Occ: car driver cum owner, N/o. Edavell of Rebbena Mandal, present, R/o. Naspur Gare area, CCC Naspur.

2. Potharajula Ravi @ Ramesh, S/o. Lachanna, age 28 years, Caste: Perika, Occ: Coolie, N/o. Kothakommugudem of Luxettipet Mandal, present, R/o. H.No. 9-60 near thirumala talkies, CCC Naspur.

…. Accused No.1 and 2 ***** This case coming before me on 27.4.2017 for final hearing in the presence of Learned APP for the prosecution and Sri. S. Sadaiah legal aid counsel for A1 and Sri. P. Lalitha Prasad Learned Counsel

for accused No.2, upon perusing the material papers on record,

upon hearing the arguments of both sides and having stood over for consideration till this day, this Court delivered the following:-

J U D G M E N T

1.The Sub-Inspector of Police, P.S CCC Naspur laid charge sheet against the above accused in Cr.No: 148 of 2016 for the offence punishable U/Sections. 379 of IPC against accused.

2.The brief averments in the charge sheet are that PW- 1/Chunchu Rajaiah, who is the defacto-complainant, lodged report stating that on 3.8.2016 at about 5.00 p.m he went to duty on his motorcycle passion pro B.No. AP01S 6885 black and red colour, after completion of duty returned to his house i.e Qr.No. 1826,

CC.No. 34/2017 Dated 29.4.2017 Page No. 2 of 11

Shirkey colony, CCC Naspur, at about 2230 hours parked his motorcycle under steps, on the next day I.e on 4.8.2016 at 0730 a.m found his motorcycle was missing, searched in surroundings, but did not trace. Later he came to know that some unknown offenders committed theft of his motorcycle.

3.Basing on the report of PW.1, the PW-9/S.I of police registered a case in Cr.No. 148/2016 under section 379 IPC, issued FIR and took up investigation, during the course of investigation he examined and recorded the statement of PW-1, visited the scene of offence situated at Qr.No. 1826, Shirkey colony, CCC Naspur where he examined and recorded statements of LW-2/Jakkam Sammaiah and LW-3/Panasa Ravinder, prepared Crime Detail Form and drawn rough sketch in the presence of PW-2 and 7. While the investigation is in progress PW-8 apprehended accused No.1 during vehicle checking at Thollavagu bridge, while he was proceeding on motorcycle B.No. AP01M 6751 and interrogated him, during the course of interrogation accused No.1 voluntarily confessed the offence in Cr.No. 366/2015 U/Sec. 379 of IPC of PS Mancherial,

Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS CCC Naspur and further confessed that he sold the stolen motorcycles to A2, then PW-8 prepared confession and seizure panchanama of A1 and seized stolen motorcycle B.No. AP01M 6751 from his possession in the presence of PW-3 and 4. Later A1 led

PW-8 to house of A2 and shown him at Thirumala talkies, CCC

CC.No. 34/2017 Dated 29.4.2017 Page No. 3 of 11

Naspur, where PW-8 apprehended A2 and interrogated him, on interrogation A2 confessed to have purchased motorcycles from A1 including in Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016

U/Sec. 379 of IPC of PS CCC Naspur, in pursuance of confession of

A2, PW-8 recovered 17 motorcycles in the presence of PW-3 and 4 under cover of panchanama, later PW-8 took A1 and A2 to PS and handed over them to PW-5, later PW-5 effected their arrest and informed to PW-9 about recovery of motorcycles in Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS CCC

Naspur.

4.During the course of investigation on information given by

PW-5 the PW-9 obtained certified copies of FIR in Cr.No. 366/2015 of PS Mancherial and confession and recovery panchanamas to file

PT warrant, but before filing the accused No.2 was released. Later

PW-6 took up further investigation from PW-9 and on 1.2.2017 at 1000 hours PW-6 apprehended A2 and took him to PS at 1030 hours, where A2 voluntarily admitted to have purchased motorcycles from A1 pertaining to Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS CCC Naspur, effected his arrest by following procedure and produced him before court for judicial remand. Later PW-6 filed PT warrant to produce

A1, upon issuance of PT warrant, on 2.2.2017 A1 was produced

before this court on execution of PT warrant and was remanded to

judicial custody. After completion of investigation PW-9 filed charge sheet U/Sec. 379, 411 of IPC.

CC.No. 34/2017 Dated 29.4.2017 Page No. 4 of 11

5.Considering the charge sheet and material on record this court took the case on file for the offence punishable U/Sec. 379 of

IPC against A1 and Sec. 411 of IPC against A2 and issued process.

On production of accused No.1 and on appearance of accused No.2 they were provided with copies of documents on which the prosecution is relying to prove the proposed guilt.

6.The accused No.1 and 2 were examined under section 239

Cr.P.C. Charge under section 379 of IPC is framed against A1 and charge under section 411 of IPC is framed against A2, read over and explained the same to them in Telugu, for which the accused

No.1 and 2 pleaded not guilty and claim to be tried.

7.To prove the case, the prosecution has examined PWs.1 to 9 and got marked Exs.P.1 to P.11 and MO-1.

8.After closure of the prosecution evidence, the accused No.1 and 2 were examined under section 313 Cr.P.C. The accused No.1 and 2 denied the prosecution evidence and they did not adduce any defence evidence on their behalf.

9.Heard the arguments of both sides.

10.Now, the point for determination is:-

“ Whether the prosecution has established the guilt of the

accused No.1 for the charge Under Section 379 of IPC and

against A2 for the charge U/Sec. 411 of IPC beyond all

reasonable doubt?”

CC.No. 34/2017 Dated 29.4.2017 Page No. 5 of 11

11.In order to bring home the guilt of the accused No.1 and 2, as stated supra, the prosecution has examined PWs 1 to 9 and got marked Exs.P.1 to P.11 and MO-1. P.W.1 is the defacto – complainant. PW-2 and 7 are panch witnesses for Crime Detail

Form. PW-3 and 4 are panch witnesses for confession and seizure panchanama of A1 and A2. PW-5 is SI of police Mancherial arrested accused No.1 and 2 in Cr.No. 366/2015. PW-6 is investigating officer who apprehended the A2. PW-8 is SI of police

Mancherial apprehended accused No.1 and 2 in Cr.No. 366/2015 and prepared confession and seizure panchanama. PW-9 is the first investigating officer and filed charge sheet. With regard to exhibits ExP1 is the report. ExP2 is Signature of PW-2 on Crime

Detail Form. ExP3 and P4 are signatures of PW-3 on certified copy of confession and seizure panchanama of accused No.1 and 2 (3) in number dated 10.1.2017. ExP5 and P6 are signatures of PW-4 on certified copy of confession and seizure panchanama of accused

No.1 and 2 (3) in number dated 10.1.2017. ExP7 is Signature of

PW-7 on Crime Detail Form. ExP8 and P9 are certified copies of confession and seizure panchanamas of A1 and A2, dt: 10.1.2017

ExP10 is the FIR. ExP11 is the Crime Detail Form. MO-1 is motorcycle B.No. AP01S 6885.

EVIDENCE AVAILABLE ON RECORD:-

12. P.W.1 is the defacto complainant deposed about theft of his motorcycle by unknown offenders and about ExP1/report given by him.

CC.No. 34/2017 Dated 29.4.2017 Page No. 6 of 11

13.P.W.2 who is the panch witness for Crime Detail Form not supported the prosecution case, according to him one day in the month of August, 2016 at 5.00 p.m while he was in his Qr.No.

1767-D, Shirkey colony, the police CCC Naspur came to him and obtained his particulars by informing about theft of motorcycle of

PW-1 and obtained his signature on written paper. PW-2 further deposed that he do not know the contents of said papers. His signature on Crime Detail Form dated 4.8.2016 is marked as Ex.P2.

14.P.W.3 and 4 who are the panch witnesses for confession and seizure panchanama of accused No.1 and 2 did not support the prosecution case and according to them one day about 3 months ago while they were going to Mancherial railway station from

Mancherial bus stand, when they reached in font of Mancherial

Police Station, where police stopped them and obtained their signatures on some blank papers. Their signatures on certified copies of confession and seizure panchanamas of accused No.1 and 2 are marked as ExP3 to P6. Learned APP cross examined the witnesses with the permission of the court as they did not support their earlier version, but nothing was elicited from their cross examination to suggest that they speaks falsehood. So, the evidence of PW-3 and 4 is futile to the prosecution case.

15.P.W.5, is the SI of Police, PS Mancherial deposed about arrest of accused No.1 and 2 in Cr.No. 366/2015 of PS Mancherial and their production before the court for judicial remand and about

CC.No. 34/2017 Dated 29.4.2017 Page No. 7 of 11

intimation given to SI of Police, CCC Naspur about recovery of motorcycles pertaining to Cr.No. 27/2016, 66/2016, 111/2016, 148/2016 U/Sec. 379 of IPC of PS CCC Naspur.

16.P.W.6, who is the investigating officer deposed about information received by him through PW-5, arrest of A2 in present case and in Cr.No. 111/2016, 66/2016 and 148/2016 of PS CCC

Naspur, production of A1 on Prisoner Transmit warrant in present case and in Cr.No. 111/2016, 66/2016 and 27/2016 of PS CCC

Naspur and filing charge sheet.

17.P.W.7 who is the panch witness for Crime Detail Form not supported the prosecution case, according to him on 4.8.2016 at 5.00 or 6.00 p.m police CCC Naspur called him to the house of PW- 1 and obtained his signature on written papers informing about the theft of motorcycle of PW-1. PW-7 further deposed that he do not know the contents of said papers. His signature on Crime Detail

Form dated 4.8.2016 is marked as Ex.P2.

18.P.W.8, is the SI of Police CCS, Mancherial deposed about apprehension of accused No.1 and 2, preparation of ExP8 and P9 confession and seizure panchanama of A1 and A2 in the presence of PW-3 and 4 and seizure of stolen motorcycles including MO-1.

19.P.W.9, who is the first investigating officer deposed about registration of ExP10/FIR, visiting scene of offence situated at

CC.No. 34/2017 Dated 29.4.2017 Page No. 8 of 11

house of PW-1 at Shirkey colony and preparation of ExP11/Crime

Detail Form.

20.On summing of entire evidence on record, P.W.1, who is the defacto-complainant supported the prosecution version and corroborated the contents of ExP1 report, according to his evidence some unknown offenders committed theft of his motorcycle. PW-2 and 7 who are the panch witnesses for Crime Detail Form not supported prosecution case. PW-3 and 4 who are the panch witnesses for confession and seizure panchanama of accused are not supported the prosecution version. PW-5 is the SI of Police

Mancherial deposed about arrest of A1 and A2 in Cr.No. 366/2015 of PS Mancherial. PW-6 and 9 who are the Investigating Officers deposed about the investigation done by them in this case. PW-8 is the SI of Police CCS Mancherial deposed about apprehension of

A1 and A2, seizure of stolen properties pertaining to this case and other cases under ExP8 and P9. The crucial witnesses in this case are P.W.3 and 4 who are panch witnesses for confession and seizure panchanama of Accused No.1 and 2 are turned hostile, therefore the contents of Ex.P.8 and P9 are not proved. Therefore, basing on the evidence of P.W.1, 5, 6, 8 and 9, coupled with Ex.P1,

P.8 to P.11 proving the commission of theft at relevant point of time, but there is no iota of evidence on record to implicate the accused in commission of alleged offence. This court feels that the evidence of P.W.6, 9 who are the police officers, is not sufficient to

CC.No. 34/2017 Dated 29.4.2017 Page No. 9 of 11

decide the guilt of the accused No.1 and 2 in the absence of corroboration from independent testimony. Therefore, there is no cogent and reliable evidence to implicate the complicity of the accused No.1 and 2 in commission of the offence. It is well known that penal statutes should be strictly construed and benefit of any lacuna in the case of prosecution is to be given to the accused No.1 and 2.

21.In view of the above infirmities, this court finds that it is not safe to rely upon the evidence of prosecution when it is not complete to prove the guilt of the accused. The material produced by the prosecution is not sufficient to bring home the guilt of the accused beyond all reasonable doubt. Thereby, the point is decided in favour of the defence and against to the prosecution.

22.IN THE RESULT, Accused No.1 is found not guilty for the charge Under Section 379 of IPC, accused No.2 is found not guilty for the charge U/Sec. 411 of IPC and accordingly they are acquitted under section 248(1) Cr.P.C. The bonds and bail bonds of accused

No.2 and his sureties shall stands canceled. As the accused No.1 has been in jail, no order as to bail bonds. The Superintendent Sub

Jail Luxettipet is directed to release the accused No.1 if he is not required in any other cases. The case property MO-1 which was given to PW-1 towards interim custody vide orders in Crl.MP.No.

295/2017, dated 4.3.2017 shall be made absolute after laps of appeal period.

CC.No. 34/2017 Dated 29.4.2017 Page No. 10 of 11

Dictated to the Steno, transcribed by him, Corrected and

operative portion was pronounced by me in the open court, on this the 29th day April, 2017.

I Addl. Judl. Magistrate of I Class, Mancherial.

Appendix of Evidence

Witnesses examined for Prosecution:-

PW-1 (LW-1): Chunchu Rajaiah – Defacto-complainant

PW-2 (LW-4): Panasa Vinay – Panch witness for Crime Detail form

PW-3 (LW-6): Jukkanti Jagan – Panch witness for confession cum recovery panchanama of A1 and A2

PW-4 (LW-7): Arke Sampath – Panch witness for confession cum recovery panchanama of A1 and A2

PW-5 (LW-9): Ashok/SI of Police – Arrested accused No.1 and 2 in Cr.No. 366/2015 of PS Mancherial.

PW-6 (LW-10): P. Dattadri – Investigating officer

PW-7 (LW-5): Mothuku Narsaiah – Panch witness for Crime Detail Form

PW-8 (LW-8): P. Praveen Kumar – Apprehended the accused No.1 and 2 recovered stolen property

PW-9 (LW-11): M. Rajendra Prasad – First Investigating Officer filed charge sheet

Defence:- NIL EXHIBITS MARKED FOR Prosecution:-

Ex.P1: Report - through PW-1

ExP2: Signature of PW-2 on Crime Detail Form – through PW-2

Ex.P3: Signatures of PW.3 (3) in number on certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-3

Ex.P4: Signatures of PW.3 (3) in number on certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-3

Ex.P5: Signatures of PW.4 (3) in number on certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-4

Ex.P6: Signatures of PW.4 (3) in number on certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-4

ExP7: Signature of PW-7 on Crime Detail Form – through PW-7

CC.No. 34/2017 Dated 29.4.2017 Page No. 11 of 11

Ex.P8: Certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-8

Ex.P9: Certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-8

Ex.P10: FIR – through PW-9

Ex.P11: Crime Detail Form – through PW-9

Defence: -Nil-

MATERIAL OBJECTS MARKED

MO-1: Motorcycle B.No. AP01S 6885

I Addl. Judl. Magistrate of I Class, Mancherial.

CC/200036/2017 Acquitted

Through police, CCC Naspur vs Rayaveni Rajesh and one another

29 Apr 2017

CC.No. 36/2017 Dated 29.4.2017 Page No. 1 of 10

IN THE COURT OF I ADDL.JUDICIAL I CLASS MAGISTRATE AT

MANCHERIAL.

Present: Sri. J. Upender Rao, I A.J.M.F.C, Mancherial. Saturday, this the 29th day of April, 2017.

C.C.No. 36 of 2017

Between:- The State rep. by Sub-Inspector of Police, P.S CCC Naspur.

....Complainant.

AND

1. Rayaveni Rajesh, S/o. Mallesh, age 30 years, Caste: Golla, Occ: car driver cum owner, N/o. Edavell of Rebbena Mandal, present, R/o. Naspur Gare area, CCC Naspur.

2. Potharajula Ravi @ Ramesh, S/o. Lachanna, age 28 years, Caste: Perika, Occ: Coolie, N/o. Kothakommugudem of Luxettipet Mandal, present, R/o. H.No. 9-60 near thirumala talkies, CCC Naspur.

for accused No.2, upon perusing the material papers on record,

upon hearing the arguments of both sides and having stood over for consideration till this day, this Court delivered the following:-

J U D G M E N T

1.The Sub-Inspector of Police, P.S CCC Naspur laid charge sheet against the above accused in Cr.No: 27 of 2016 for the offence punishable U/Sections. 379 of IPC against accused.

2.The brief averments in the charge sheet are that PW- 1/Atkapuram Yellaiah, who is the defacto-complainant, lodged report stating that on 5.2.2016 at about 2130 hours his son A.

Shiva came to house from outside and parked his motorcycle

Passion Pro B.No. AP01AD 9098 under steps of his house and came

CC.No. 36/2017 Dated 29.4.2017 Page No. 2 of 10

to house, on the next day i.e on 6.2.2016 at about 0500 hours found his motorcycle was missing. Later he came to know that some unknown offenders committed theft of his motorcycle.

3.Basing on the report of PW.1, the PW-7/S.I of police registered a case in Cr.No. 27/2016 under section 379 IPC, issued FIR and took up investigation, during the course of investigation he examined and recorded the statement of PW-1, visited the scene of offence situated at Nagarjuna Colony, CCC Naspur, searched the scene minutely, but found not incriminating evidence, prepared

Crime Detail Form and drawn rough sketch in the presence of PW-2 and LW-5/Kotta Madhusudhan Rao. Subsequently PW-8 took up further investigation from PW-7, verified the investigation done by

PW-7 and found on proper lines. Later on 26.8.2016 PW-6 took up further investigation from PW-8, while the investigation is in progress PW-9 apprehended accused No.1 during vehicle checking at Thollavagu bridge, while he was proceeding on motorcycle B.No.

AP01M 6751 and interrogated him, during the course of interrogation accused No.1 voluntarily confessed the offence in

Cr.No. 366/2015 U/Sec. 379 of IPC of PS Mancherial, Cr.No.

27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS

CCC Naspur and further confessed that he sold the stolen motorcycles to A2, then PW-9 prepared confession cum seizure panchanama of A1 and seized stolen motorcycle B.No. AP01M 6751 from his possession in the presence of PW-3 and 4. Later A1 led

PW-9 to house of A2 and shown him at Thirumala talkies, CCC

CC.No. 36/2017 Dated 29.4.2017 Page No. 3 of 10

Naspur, where PW-9 apprehended A2 and interrogated him, on interrogation A2 confessed to have purchased motorcycles from A1 including in Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016

U/Sec. 379 of IPC of PS CCC Naspur, in pursuance of confession of

A2, PW-9 recovered 17 motorcycles in the presence of PW-3 and 4 under cover of panchanama, later PW-9 took A1 and A2 to PS and handed over them to PW-5, later PW-5 effected their arrest and informed to PW-6 about recovery of motorcycles in Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS CCC

Naspur.

4.During the course of investigation on information given by

PW-5 the PW-6 obtained certified copies of FIR in Cr.No. 366/2015 of PS Mancherial and confession cum recovery panchanamas to file

PT warrant, but before filing the accused No.2 was released. On 1.2.2017 at 1000 hours PW-6 apprehended A2 and took him to PS at 1030 hours, where A2 voluntarily admitted to have purchased motorcycles from A1 pertaining to Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS CCC Naspur, effected his arrest by following procedure and produced him before court for judicial remand. Later PW-6 filed PT warrant to produce

A1, upon issuance of PT warrant, on 2.2.2017 A1 was produced

before this court on execution of PT warrant and was remanded to

judicial custody. After completion of investigation PW-6 filed charge sheet U/Sec. 379, 411 of IPC.

CC.No. 36/2017 Dated 29.4.2017 Page No. 4 of 10

5.Considering the charge sheet and material on record this court took the case on file for the offence punishable U/Sec. 379 of

IPC against A1 and Sec. 411 of IPC against A2 and issued process.

On production of accused No.1 and on appearance of accused No.2 they were provided with copies of documents on which the prosecution is relying to prove the proposed guilt.

6.The accused No.1 and 2 were examined under section 239

No.1 and 2 pleaded not guilty and claim to be tried.

7.To prove the case, the prosecution has examined PWs.1 to 9 and got marked Exs.P.1 to P.9 and MO-1.

9.Heard the arguments of both sides.

10.Now, the point for determination is:-

“ Whether the prosecution has established the guilt of the

accused No.1 for the charge Under Section 379 of IPC and

against A2 for the charge U/Sec. 411 of IPC beyond all

reasonable doubt?”

CC.No. 36/2017 Dated 29.4.2017 Page No. 5 of 10

11.In order to bring home the guilt of the accused No.1 and 2, as stated supra, the prosecution has examined PWs 1 to 9 and got marked Exs.P.1 to P.9 and MO-1. P.W.1 is the defacto – complainant. PW-2 is panch witness for Crime Detail Form. PW-3 and 4 are panch witnesses for confession cum seizure panchanamas of A1 and A2. PW-5 is SI of police Mancherial arrested accused No.1 and 2 in Cr.No. 366/2015. PW-6 is investigating officer filed charge sheet. PW-7 is the first investigating officer. PW-8 is the second investigating officer. PW- 9 is SI of police CCS Mancherial apprehended accused No.1 and 2 in Cr.No. 366/2015 and prepared confession cum seizure panchanama. With regard to exhibits ExP1 is the report. ExP2 is

Crime Detail Form along with rough sketch. ExP3 and P4 are signatures of PW-3 on certified copy of confession cum seizure panchanama of accused No.1 and 2 (3) in number dated 10.1.2017. ExP5 and P6 are signatures of PW-4 on certified copy of confession cum seizure panchanamas of accused No.1 and 2 (3) in number dated 10.1.2017. ExP7 is the FIR. ExP8 and P9 are certified copies of confession cum seizure panchanamas of A1 and

A2, dt: 10.1.2017. MO-1 is motorcycle B.No. AP01AD 9098.

EVIDENCE AVAILABLE ON RECORD:-

12. P.W.1 is the defacto complainant deposed about theft of his motorcycle by unknown offenders and about ExP1/report given by him.

CC.No. 36/2017 Dated 29.4.2017 Page No. 6 of 10

13.P.W.2 who is the panch witness for Crime Detail Form deposed about the preparation of Crime Detail Form in his presence at the house of PW-1.

14.P.W.3 and 4 who are the panch witnesses for confession cum seizure panchanamas of accused No.1 and 2 did not support the prosecution case and according to them one day about 3 months ago while they were going to Mancherial railway station from

Mancherial bus stand, when they reached in font of Mancherial

Police Station, where police stopped them and obtained their signatures on some blank papers. Their signatures on certified copies of confession cum seizure panchanamas of accused No.1 and 2 are marked as ExP3 to P6. Learned APP cross examined the witnesses with the permission of the court as they did not support their earlier version, but nothing was elicited from their cross examination to suggest that they speaks falsehood. So, the evidence of PW-3 and 4 is futile to the prosecution case.

15.P.W.5, is the SI of Police, PS Mancherial deposed about arrest of accused No.1 and 2 in Cr.No. 366/2015 of PS Mancherial and their production before the court for judicial remand and about intimation given to SI of Police, CCC Naspur about recovery of motorcycles pertaining to Cr.No. 27/2016, 66/2016, 111/2016, 148/2016 U/Sec. 379 of IPC of PS CCC Naspur.

16.P.W.6, who is the investigating officer deposed about information received by him through PW-5, arrest of A2 in present

CC.No. 36/2017 Dated 29.4.2017 Page No. 7 of 10

case and in Cr.No. 111/2016, 66/2016 and 148/2016 of PS CCC

Naspur, production of A1 on Prisoner Transit warrant in present case and in Cr.No. 111/2016, 66/2016 and 148/2016 of PS CCC

Naspur and filing charge sheet.

17.P.W.7, who is the first investigating officer deposed about registration of ExP7/FIR, visiting scene of offence situated at

Nagarjuna colony, CCC Naspur and preparation of ExP2/Crime

Detail Form along with rough sketch.

18.P.W.8, is the second investigting officer deposed about receiving CD file from PW-7, verifying the investigation done by

PW-7 and found on proper lines and recording statements of LW- 2/Atkapuram Shiva, LW-3/G. Shyamsunder.

19.P.W.9, is the SI of Police CCS, Mancherial deposed about apprehension of accused No.1 and 2, preparation of ExP8 and P9 confession cum seizure panchanama of A1 and A2 in the presence of PW-3 and 4 and seizure of stolen motorcycles.

20.On summing of entire evidence on record, P.W.1, who is the defacto-complainant supported the prosecution version and corroborated the contents of ExP1 report, according to his evidence some unknown offenders committed theft of his motorcycle. PW-2 is the panch witness for Crime Detail Form deposed about its preparation in his presence at the house of PW-1. PW-3 and 4 who

CC.No. 36/2017 Dated 29.4.2017 Page No. 8 of 10

are the panch witnesses for confession cum seizure panchanama of accused are not supported the prosecution version. PW-5 is the SI of Police Mancherial deposed about arrest of A1 and A2 in Cr.No.

366/2015 of PS Mancherial. PW-6 to 8 who are the Investigating

Officers deposed about the investigation done by them in this case.

PW-9 is the SI of Police CCS Mancherial deposed about apprehension of A1 and A2, seizure of stolen properties pertaining to this and other cases under ExP8 and P9. The crucial witnesses in this case are P.W.3 and 4 who are panch witnesses for confession cum seizure panchanama of Accused No.1 and 2 are turned hostile, therefore the contents of Ex.P.8 and P9 are not proved. Therefore, basing on the evidence of P.W.1, 2 and 5 to 9, coupled with Ex.P1, P.2, P.7 to P.9 proving the commission of theft at relevant point of time, but there is no iota of evidence on record to implicate the accused in commission of alleged offence. This court feels that the evidence of P.W.6, 9 who are the police officers, is not sufficient to decide the guilt of the accused No.1 and 2 in the absence of corroboration from independent testimony.

Therefore, there is no cogent and reliable evidence to implicate the complicity of the accused No.1 and 2 in commission of the offence.

It is well known that penal statutes should be strictly construed and benefit of any lacuna in the case of prosecution is to be given to the accused No.1 and 2.

21.In view of the above infirmities, this court finds that it is not safe to rely upon the evidence of prosecution when it is not

CC.No. 36/2017 Dated 29.4.2017 Page No. 9 of 10

complete to prove the guilt of the accused. The material produced by the prosecution is not sufficient to bring home the guilt of the accused beyond all reasonable doubt. Thereby, the point is decided in favour of the defence and against to the prosecution.

No.2 and his sureties shall stands canceled. As the accused No.1 has been in jail, no order as to bail bonds. The Superintendent Sub

Jail Luxettipet is directed to release the accused No.1 if he is not required in any other cases. The case property MO-1 which was given to PW-1 towards interim custody vide orders in Crl.MP.No.

295/2017, dated 4.3.2017 shall be made absolute after laps of appeal period.

Dictated to the Steno, transcribed by him, Corrected and

operative portion was pronounced by me in the open court, on this the 29th day April, 2017.

I Addl. Judl. Magistrate of I Class, Mancherial.

Appendix of Evidence

Witnesses examined for Prosecution:-

PW-1 (LW-1): Atkapuram Yellaiah – Defacto-complainant

PW-2 (LW-4): Chindam Vinod Kuma – Panch witness for Crime Detail Form

PW-3 (LW-6): Jukkanti Jagan – Panch witness for confession and recovery panchanama of A1 and A2

CC.No. 36/2017 Dated 29.4.2017 Page No. 10 of 10

PW-4 (LW-7): Arke Sampath – Panch witness for confession cum recovery panchanama of A1 and A2

PW-5 (LW-9): Ashok – Arrested accused No.1 and 2 in Cr.No. 366/2015 of PS Mancherial.

PW-6 (LW-12): P. Dattadri – Investigating officer filed charge sheet

PW-7 (LW-10): P. Shyam Sunder Reddy – First investigating officer

PW-8 (LW-11): S. Pramod Rao – Second Investigating Officer

PW-9 (LW-8): P. Praveen Kumar – Apprehended the accused and recovered stolen property

Defence:- NIL EXHIBITS MARKED FOR Prosecution:-

Ex.P1: Report - through PW-1

ExP2: Crime Detail Form along with rough sketch – through PW-2

Ex.P3: Signatures of PW.3 (3) in number on certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-3

Ex.P4: Signatures of PW.3 (3) in number on certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-3

Ex.P5: Signatures of PW.4 (3) in number on certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-4

Ex.P6: Signatures of PW.4 (3) in number on certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-4

Ex.P7: FIR – through PW-7

Ex.P8: Certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-9

Ex.P9: Certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-9

Defence: -Nil-

MATERIAL OBJECTS MARKED

MO-1: Motorcycle B.No. AP01AD 9098

I Addl. Judl. Magistrate of I Class, Mancherial.

CC/200033/2017 Acquitted

Through police, CCC Naspur vs Rayaveni Rajesh and one another

29 Apr 2017

CC.No. 33/2017 Dated 29.4.2017 Page No. 1 of 10

IN THE COURT OF I ADDL.JUDICIAL I CLASS MAGISTRATE AT

MANCHERIAL.

Present: Sri. J. Upender Rao, I A.J.M.F.C, Mancherial. Saturday, this the 29th day of April, 2017.

C.C.No. 33 of 2017

Between:- The State rep. by Sub-Inspector of Police, P.S CCC Naspur.

....Complainant.

AND

1. Rayaveni Rajesh, S/o. Mallesh, age 30 years, Caste: Golla, Occ: car driver cum owner, N/o. Edavell of Rebbena Mandal, present, R/o. Naspur Gare area, CCC Naspur.

2. Potharajula Ravi @ Ramesh, S/o. Lachanna, age 28 years, Caste: Perika, Occ: Coolie, N/o. Kothakommugudem of Luxettipet Mandal, present, R/o. H.No. 9-60 near thirumala talkies, CCC Naspur.

…. Accused. ***** This case coming before me on 27.4.2017 for final hearing in the presence of Learned APP for the prosecution and Sri. S. Sadaiah legal aid counsel for A1 and Sri. P. Lalitha Prasad Learned Counsel

for accused No.2, upon perusing the material papers on record,

upon hearing the arguments of both sides and having stood over for consideration till this day, this Court delivered the following:-

J U D G M E N T

1.The Sub-Inspector of Police, P.S CCC Naspur laid charge sheet against the above accused in Cr.No: 111 of 2016 for the offence punishable U/Sections. 379 of IPC against accused.

2.The brief averments in the charge sheet are that PW- 1/Gaddam Rama Goud, who is the defacto-complainant, lodged report stating that on 14.6.2016 at about 1800 hours he went to market near Chaitanya Garden, Sundaraiah colony, CCC Naspur on his Hero Honda splendor plus motorcycle B.No. AP01Q 6798 to

CC.No. 33/2017 Dated 29.4.2017 Page No. 2 of 10

purchase vegetables and parked his motorcycle near by market and went for purchasae, after one hour when he came back found his motorcycle was missing. Later he came to know that some unknown offenders committed theft of his motorcycle.

3.Basing on the report of PW.1, the PW-7/S.I of police registered a case in Cr.No. 111/2016 under section 379 IPC, issued FIR and took up investigation, during the course of investigation he examined and recorded the statement of PW-1, visited the house of complainant, examined and recorded statements of LW- 2/Gaddam Rajitha, LW-3/Gaddam Narsa Goud and LW-4/Kolla

Suresh, later visited scene of offence, searched the scene minutely, but found not incriminating evidence and prepared Crime

Detail Form along with rough sketch in the presence of PW-2 and

LW-6/Adepu Satyanarayana. Later on 26.6.2016 PW-6 took up further investigation from PW-7, while the investigation is in progress PW-8 apprehended accused No.1 during vehicle checking at Thollavagu bridge, while he was proceeding on motorcycle B.No.

AP01M 6751 and interrogated him, during the course of interrogation accused No.1 voluntarily confessed the offence in

Cr.No. 366/2015 U/Sec. 379 of IPC of PS Mancherial, Cr.No.

27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS

CCC Naspur and further confessed that he sold the stolen motorcycles to A2, then PW-8 prepared confession and seizure panchanama of A1 and seized stolen motorcycle B.No. AP01M 6751 from his possession in the presence of PW-3 and 4. Later A1 led

CC.No. 33/2017 Dated 29.4.2017 Page No. 3 of 10

PW-8 to house of A2 and shown him at Thirumala talkies, CCC

Naspur, where PW-8 apprehended A2 and interrogated him, on interrogation A2 confessed to have purchased motorcycles from A1 including in Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016

U/Sec. 379 of IPC of PS CCC Naspur, in pursuance of confession of

A2, PW-8 recovered 17 motorcycles in the presence of PW-3 and 4 under cover of panchanama at his house, later PW-8 took A1 and

A2 to PS and handed over them to PW-5, later PW-5 effected their arrest and informed to PW-6 about recovery of motorcycles in

Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS CCC Naspur.

4.During the course of investigation on information given by

PW-5 the PW-6 obtained certified copies of FIR in Cr.No. 366/2015 of PS Mancherial and confession and recovery panchanamas to file

A1, upon issuance of PT warrant, on 2.2.2017 A1 was produced

before this court on execution of PT warrant and was remanded to

judicial custody. After completion of investigation PW-6 filed charge sheet U/Sec. 379, 411 of IPC.

CC.No. 33/2017 Dated 29.4.2017 Page No. 4 of 10

5.Considering the charge sheet and material on record this court took the case on file for the offence punishable U/Sec. 379 of

IPC against A1 and Sec. 411 of IPC against A2 and issued process.

On production of accused No.1 and on appearance of accused No.2 they were provided with copies of documents on which the prosecution is relying to prove the proposed guilt.

6.The accused No.1 and 2 were examined under section 239

No.1 and 2 pleaded not guilty and claim to be tried.

7.To prove the case, the prosecution has examined PWs.1 to 8 and got marked Exs.P.1 to P.9 and MO-1.

9.Heard the arguments of both sides.

10.Now, the point for determination is:-

“ Whether the prosecution has established the guilt of the

accused No.1 for the charge Under Section 379 of IPC and

against A2 for the charge U/Sec. 411 of IPC beyond all

reasonable doubt?”

CC.No. 33/2017 Dated 29.4.2017 Page No. 5 of 10

11.In order to bring home the guilt of the accused No.1 and 2, as stated supra, the prosecution has examined PWs 1 to 8 and got marked Exs.P.1 to P.9 and MO-1. P.W.1 is the defacto – complainant. PW-2 is panch witness for Crime Detail Form. PW-3 and 4 are panch witnesses for confession cum seizure panchanamas of A1 and A2. PW-5 is SI of police Mancherial arrested accused No.1 and 2 in Cr.No. 366/2015. PW-6 is investigating officer filed charge sheet. PW-7 is the first investigating officer. PW-8 is SI of police CCS Mancherial apprehended accused No.1 and 2 in Cr.No. 366/2015 and prepared confession cum seizure panchanama. With regard to exhibits ExP1 is the report. ExP2 is Crime Detail Form along with rough sketch.

ExP3 and P4 are signatures of PW-3 on certified copy of confession cum seizure panchanama of accused No.1 and 2 (3) in number

dated 10.1.2017. ExP5 and P6 are signatures of PW-4 on certified

copy of confession cum seizure panchanama of accused No.1 and 2 (3) in number dated 10.1.2017. ExP7 is the FIR. ExP8 and P9 are certified copies of confession cum seizure panchanamas of A1 and

A2, dt: 10.1.2017. MO-1 is motorcycle B.No. AP01Q 6798.

EVIDENCE AVAILABLE ON RECORD:-

12. P.W.1 is the defacto complainant deposed about theft of his motorcycle by unknown offenders and about ExP1/report given by him.

CC.No. 33/2017 Dated 29.4.2017 Page No. 6 of 10

13.P.W.2 who is the panch witness for Crime Detail Form deposed about the preparation of Crime Detail Form in his presence at scene of offence.

Mancherial bus stand, when they reached in font of Mancherial

16.P.W.6, who is the investigating officer deposed about information received by him through PW-5, arrest of A2 in present

CC.No. 33/2017 Dated 29.4.2017 Page No. 7 of 10

case and in Cr.No. 27/2016, 66/2016 and 148/2016 of PS CCC

Naspur, production of A1 on Prisoner Transit warrant in present case and in Cr.No. 27/2016, 66/2016 and 148/2016 of PS CCC

Naspur and filing charge sheet.

17.P.W.7, who is the first investigating officer deposed about registration of ExP7/FIR, visiting scene of offence situated at

Shirkey colony, CCC Naspur and preparation of ExP2/Crime Detail

Form.

18.P.W.8, is the SI of Police CCS, Mancherial deposed about apprehension of accused No.1 and 2, preparation of ExP8 and P9 confession cum seizure panchanamas of A1 and A2 in the presence of PW-3 and 4 and seizure of stolen motorcycles.

19.On summing of entire evidence on record, P.W.1, who is the defacto-complainant supported the prosecution version and corroborated the contents of ExP1 report, according to his evidence some unknown offenders committed theft of his motorcycle. PW-2 is the panch witness for Crime Detail Form deposed about its preparation in his presence at house of PW-1. PW-3 and 4 who are the panch witnesses for confession cum seizure panchanamas of accused are not supported the prosecution version. PW-5 is the SI of Police Mancherial deposed about arrest of A1 and A2 in Cr.No.

366/2015 of PS Mancherial. PW-6 and 7 who are the Investigating

Officers deposed about the investigation done by them in this case.

CC.No. 33/2017 Dated 29.4.2017 Page No. 8 of 10

PW-8 is the SI of Police CCS Mancherial deposed about apprehension of A1 and A2, seizure of stolen properties pertaining to this case and other cases under ExP8 and P9. The crucial witnesses in this case are P.W.3 and 4 who are panch witnesses for confession cum seizure panchanama of Accused No.1 and 2 are turned hostile, therefore the contents of Ex.P.8 and P9 are not proved. Therefore, basing on the evidence of P.W.1, 2 and 5 to 8, coupled with Ex.P1, P.2, P.7 to P.9 proving the commission of theft at relevant point of time, but there is no iota of evidence on record to implicate the accused in commission of alleged offence. This court feels that the evidence of P.W.6, 8 who are the police officers, is not sufficient to decide the guilt of the accused No.1 and 2 in the absence of corroboration from independent testimony.

Therefore, there is no cogent and reliable evidence to implicate the complicity of the accused No.1 and 2 in commission of the offence.

It is well known that penal statutes should be strictly construed and benefit of any lacuna in the case of prosecution is to be given to the accused No.1 and 2.

20.In view of the above infirmities, this court finds that it is not safe to rely upon the evidence of prosecution when it is not complete to prove the guilt of the accused. The material produced by the prosecution is not sufficient to bring home the guilt of the accused beyond all reasonable doubt. Thereby, the point is decided in favour of the defence and against to the prosecution.

CC.No. 33/2017 Dated 29.4.2017 Page No. 9 of 10

21.IN THE RESULT, Accused No.1 is found not guilty for the charge Under Section 379 of IPC, accused No.2 is found not guilty for the charge U/Sec. 411 of IPC and accordingly they are acquitted under section 248(1) Cr.P.C. The bonds and bail bonds of accused

No.2 and his sureties shall stands canceled. As the accused No.1 has been in jail, no order as to bail bonds. The Superintendent Sub

Jail Luxettipet is directed to release the accused No.1 if he is not required in any other cases. The case property MO-1 which was given to PW-1 towards interim custody vide orders in Crl.MP.No.

293/2017, dated 4.3.2017 shall be made absolute after laps of appeal period.

Dictated to the Steno, transcribed by him, Corrected and

operative portion was pronounced by me in the open court, on this the 29th day April, 2017.

I Addl. Judl. Magistrate of I Class, Mancherial.

Appendix of Evidence

Witnesses examined for Prosecution:-

PW-1 (LW-1): Gaddam Rama Goud – Defacto-complainant

PW-2 (LW-5): Nandi Vishnu – Panch witness for Crime Detail Form

PW-3 (LW-7): Jukkanti Jagan – Panch witness for confession cum recovery panchanama of A1 and A2

PW-4 (LW-8): Arke Sampath – Panch witness for confession cum recovery panchanama of A1 and A2

PW-5 (LW-10): Ashok – Arrested accused No.1 and 2 in Cr.No. 366/2015 of PS Mancherial.

PW-6 (LW-12): P. Dattadri – Investigating officer filed charge sheet

PW-7 (LW-12): N. Rajendhar – First investigating officer

PW-8 (LW-9): P. Praveen Kumar – Apprehended the accused and recovered stolen property

CC.No. 33/2017 Dated 29.4.2017 Page No. 10 of 10

Defence:- NIL EXHIBITS MARKED FOR Prosecution:-

Ex.P1: Report - through PW-1

ExP2: Crime Detail Form – through PW-2 Ex.P3: Signatures of PW.3 (3) in number on certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-3

Ex.P4: Signatures of PW.3 (3) in number on certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-3

Ex.P5: Signatures of PW.4 (3) in number on certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-4

Ex.P6: Signatures of PW.4 (3) in number on certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-4

Ex.P7: FIR – through PW-7

Ex.P8: Certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-8

Ex.P9: Certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-8

Defence: -Nil-

MATERIAL OBJECTS MARKED

MO-1: Motorcycle B.No. AP01Q 6798

I Addl. Judl. Magistrate of I Class, Mancherial.

CC/200035/2017 Acquitted

Through police, CCC Naspur vs Rayaveni Rajesh and one another

29 Apr 2017

CC.No. 35/2017 Dated 29.4.2017 Page No. 1 of 10

IN THE COURT OF I ADDL.JUDICIAL I CLASS MAGISTRATE AT

MANCHERIAL.

Present: Sri. J. Upender Rao, I A.J.M.F.C, Mancherial. Saturday, this the 29th day of April, 2017.

C.C.No. 35 of 2017

Between:- The State rep. by Sub-Inspector of Police, P.S CCC Naspur.

....Complainant.

AND

1. Rayaveni Rajesh, S/o. Mallesh, age 30 years, Caste: Golla, Occ: car driver cum owner, N/o. Edavell of Rebbena Mandal, present, R/o. Naspur Gare area, CCC Naspur.

2. Potharajula Ravi @ Ramesh, S/o. Lachanna, age 28 years, Caste: Perika, Occ: Coolie, N/o. Kothakommugudem of Luxettipet Mandal, present, R/o. H.No. 9-60 near thirumala talkies, CCC Naspur.

for accused No.2, upon perusing the material papers on record,

upon hearing the arguments of both sides and having stood over for consideration till this day, this Court delivered the following:-

J U D G M E N T

1.The Sub-Inspector of Police, P.S CCC Naspur laid charge sheet against the above accused in Cr.No: 66 of 2016 for the offence punishable U/Sections. 379, 411 of IPC against accused.

2.The brief averments in the charge sheet are that PW-1/Jarpula

Bhav Singh, who is the defacto-complainant, lodged report stating that on 31.3.2016 at about 1800 hours he parked his Honda shine motorcycle B.No. AP01M 6165 under the steps of his residential quarter, on the next day morning I.e on 1.4.2016 when he intend to

CC.No. 35/2017 Dated 29.4.2017 Page No. 2 of 10

go to duty, found his motorcycle was missing, later came to know that some unknown offenders committed theft of his motorcycle.

3.Basing on the report of PW.1, the PW-7/S.I of police registered a case in Cr.No. 66/2016 under section 379 IPC, issued FIR and took up investigation, during the course of investigation he examined and recorded the statement of PW-1, visited the scene of offence situated at Nagarjuna colony, CCC Naspur, recorded the statements of LW-2/Jarpula Saritha and LW-3/Jarpula Bhudi, searched the scene minutely, but found not incriminating evidence, prepared Crime Detail Form and drawn rough sketch in the presence of PW-2 and LW-6/Akkala Shankaraiah. Later on 26.6.2016 PW-6 took up further investigation from PW-7, while the investigation is in progress PW-8 apprehended accused No.1 during vehicle checking at Thollavagu bridge, while he was proceeding on motorcycle B.No. AP01M 6751 and interrogated him, during the course of interrogation accused No.1 voluntarily confessed the offence in Cr.No. 366/2015 U/Sec. 379 of IPC of PS Mancherial,

Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS CCC Naspur and further confessed that he sold the stolen motorcycles to A2, then PW-8 prepared confession cum seizure panchanama of A1 and seized stolen motorcycle B.No. AP01M 6751 from his possession in the presence of PW-3 and 4. Later A1 led

PW-8 to house of A2 and shown him at Thirumala talkies, CCC

Naspur, where PW-8 apprehended A2 and interrogated him, on interrogation A2 confessed to have purchased motorcycles from A1

CC.No. 35/2017 Dated 29.4.2017 Page No. 3 of 10

including in Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016

U/Sec. 379 of IPC of PS CCC Naspur, in pursuance of confession of

A2, PW-8 recovered 17 motorcycles in the presence of PW-3 and 4 under cover of panchanama, later PW-8 took A1 and A2 to PS and handed over them to PW-5, later PW-5 effected their arrest and informed to PW-6 about recovery of motorcycles in Cr.No. 27/2016, 66/2016, 111/2016 and 148/2016 U/Sec. 379 of IPC of PS CCC

Naspur.

4.During the course of investigation on information given by

PW-5 the PW-6 obtained certified copies of FIR in Cr.No. 366/2015 of PS Mancherial and confession cum recovery panchanamas to file

A1, upon issuance of PT warrant, on 2.2.2017 A1 was produced

before this court on execution of PT warrant and was remanded to

judicial custody. After completion of investigation PW-6 filed charge sheet U/Sec. 379, 411 of IPC.

5.Considering the charge sheet and material on record this court took the case on file for the offence punishable U/Sec. 379 of

CC.No. 35/2017 Dated 29.4.2017 Page No. 4 of 10

IPC against A1 and Sec. 411 of IPC against A2 and issued process.

On production of accused No.1 and on appearance of accused No.2 they were provided with copies of documents on which the prosecution is relying to prove the proposed guilt.

6.The accused No.1 and 2 were examined under section 239

No.1 and 2 pleaded not guilty and claim to be tried.

7.To prove the case, the prosecution has examined PWs.1 to 8 and got marked Exs.P.1 to P.9 and MO-1.

9.Heard the arguments of both sides.

10.Now, the point for determination is:-

“ Whether the prosecution has established the guilt of the

accused No.1 for the charge Under Section 379 of IPC and

against A2 for the charge U/Sec. 411 of IPC beyond all

reasonable doubt?”

11.In order to bring home the guilt of the accused No.1 and 2, as stated supra, the prosecution has examined PWs 1 to 8 and got

CC.No. 35/2017 Dated 29.4.2017 Page No. 5 of 10

marked Exs.P.1 to P.9 and MO-1. P.W.1 is the defacto – complainant. PW-2 is panch witness for Crime Detail Form. PW-3 and 4 are panch witnesses for confession of accused and recovery of stolen property. PW-5 is SI of police Mancherial arrested accused No.1 and 2 in Cr.No. 366/2015. PW-6 is investigating officer filed charge sheet. PW-7 is the first investigating officer.

PW-8 is SI of police Mancherial apprehended accused No.1 and 2 in

Cr.No. 366/2015 and prepared confession cum recovery panchanama. With regard to exhibits ExP1 is the report. ExP2 is

Crime Detail Form along with rough sketch. ExP3 and P4 are signatures of PW-3 on certified copy of confession cum seizure panchanama of accused No.1 and 2 (3) in number dated 10.1.2017. ExP5 and P6 are signatures of PW-4 on certified copy of confession cum seizure panchanama of accused No.1 and 2 (3) in number dated 10.1.2017. ExP7 is the FIR. ExP8 and P9 are certified copies of confession cum seizure panchanama of A1 and

A2, dt: 10.1.2017. MO-1 is motorcycle B.No. AP01M 6165.

EVIDENCE AVAILABLE ON RECORD:-

12. P.W.1 is the defacto complainant deposed about theft of his motorcycle by unknown offenders and about ExP1/report given by him.

13.P.W.2 who is the panch witness for Crime Detail Form deposed about the preparation of Crime Detail Form along with rough sketch in his presence at the house of PW-1.

CC.No. 35/2017 Dated 29.4.2017 Page No. 6 of 10

14.P.W.3 and 4 who are the panch witnesses for confession cum seizure panchanama of accused No.1 and 2 did not support the prosecution case and according to them one day about 3 months ago while they were going to Mancherial railway station from

Mancherial bus stand, when they reached in font of Mancherial

Police Station, where police stopped them and obtained their signatures on some blank papers. Their signatures on certified copies of confession cum seizure panchanama of accused No.1 and 2 are marked as ExP3 to P6. Learned APP cross examined the witnesses with the permission of the court as they did not support their earlier version, but nothing was elicited from their cross examination to suggest that they speaks falsehood. So, the evidence of PW-3 and 4 is futile to the prosecution case.

15.P.W.5, who is the SI of Police, PS Mancherial deposed about arrest of accused No.1 and 2 in Cr.No. 366/2015 of PS Mancherial, their production before the court for judicial remand and about intimation given to SI of Police, CCC Naspur about recovery of motorcycles pertaining to Cr.No. 27/2016, 66/2016, 111/2016, 148/2016 U/Sec. 379 of IPC of PS Srirampur.

16.P.W.6, who is the investigating officer deposed about information received by him through PW-5, arrest of A2 in present case and in Cr.No. 27/2016, 111/2016 and 148/2016 of PS CCC

Naspur, production of A1 on Prisoner Transit warrant in present

CC.No. 35/2017 Dated 29.4.2017 Page No. 7 of 10

case and in Cr.No. 27/2016, 111/2016 and 148/2016 of PS CCC

Naspur and filing charge sheet.

17.P.W.7, who is the first investigating officer deposed about registration of ExP7/FIR, visiting scene of offence situated at

Nagarjuna colony, CCC Naspur and preparation of ExP2/Crime

Detail Form along with rough sketch.

18.P.W.8, is the SI of Police CCS, Mancherial deposed about apprehension of accused No.1 and 2, preparation of ExP8 and P9 confession cum seizure panchanama of A1 and A2 in the presence of PW-3 and 4 and seizure of stolen motorcycles.

19.On summing of entire evidence on record, P.W.1, who is the defacto-complainant supported the prosecution version and corroborated the contents of ExP1 report, according to his evidence some unknown offenders committed theft of his motorcycle. PW-2 is the panch witness for Crime Detail Form deposed about its preparation in his presence at the house of PW-1. PW-3 and 4 who are the panch witnesses for confession cum seizure panchanamas of accused are not supported the prosecution version. PW-5 is the

SI of Police Mancherial deposed about arrest of A1 and A2 in Cr.No.

366/2015 of PS Mancherial. PW-6 and 7 who are the Investigating

Officers deposed about the investigation done by them in this case.

PW-8 is the SI of Police CCS Mancherial deposed about apprehension of A1 and A2, seizure of stolen properties pertaining

CC.No. 35/2017 Dated 29.4.2017 Page No. 8 of 10

to this and other cases under ExP8 and P9. The crucial witnesses in this case are P.W.3 and 4 who are panch witnesses for confession cum seizure panchanamas of Accused No.1 and 2 are turned hostile, therefore the contents of Ex.P.8 and P9 are not proved. Therefore, basing on the evidence of P.W.1, 2 and 5 to 8, coupled with Ex.P1, P.2, P.7 to P.9 proving the commission of theft at relevant point of time, but there is no iota of evidence on record to implicate the accused in commission of alleged offence. This court feels that the evidence of P.W.6, 8 who are the police officers, is not sufficient to decide the guilt of the accused No.1 and 2 in the absence of corroboration from independent testimony.

Therefore, there is no cogent and reliable evidence to implicate the complicity of the accused No.1 and 2 in commission of the offence.

It is well known that penal statutes should be strictly construed and benefit of any lacuna in the case of prosecution is to be given to the accused No.1 and 2.

21.IN THE RESULT, Accused No.1 is found not guilty for the charge Under Section 379 of IPC, accused No.2 is found not guilty

CC.No. 35/2017 Dated 29.4.2017 Page No. 9 of 10

for the charge U/Sec. 411 of IPC and accordingly they are acquitted under section 248(1) Cr.P.C. The bonds and bail bonds of accused

No.2 and his sureties shall stands canceled. As the accused No.1 has been in jail, no order as to bail bonds. The Superintendent Sub

Jail Luxettipet is directed to release the accused No.1 if he is not required in any other cases. The case property MO-1 which was given to PW-1 towards interim custody shall be made absolute after laps of appeal period.

Dictated to the Steno, transcribed by him, Corrected and

operative portion was pronounced by me in the open court, on this the 29th day April, 2017.

I Addl. Judl. Magistrate of I Class, Mancherial.

Appendix of Evidence

Witnesses examined for Prosecution:-

PW-1 (LW-1): Jarpula Bhav Singh – Defacto-complainant

PW-2 (LW-5): Puli Anand – Panch witness for Crime Detail Form

PW-3 (LW-7): Jukkanti Jagan – Panch witness for confession cum recovery panchanama of A1 and A2

PW-4 (LW-8): Arke Sampath – Panch witness for confession cum recovery panchanama of A1 and A2

PW-5 (LW-11): Ashok – Arrested accused No.1 and 2 in Cr.No. 366/2015 of PS Mancherial.

PW-6 (LW-13): P. Dattadri – Investigating officer filed charge

PW-7 (LW-12): N. Rajendhar – First investigating officer

PW-8 (LW-9): P. Praveen Kumar – Apprehended the accused cum recovered stolen property

Defence:- NIL EXHIBITS MARKED FOR Prosecution:-

Ex.P1: Report - through PW-1

ExP2: Crime Detail Form along with rough sketch – through PW-2

CC.No. 35/2017 Dated 29.4.2017 Page No. 10 of 10

Ex.P3: Signatures of PW.3 (3) in number on certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-3

Ex.P4: Signatures of PW.3 (3) in number on certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-3

Ex.P5: Signatures of PW.4 (3) in number on certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-4

Ex.P6: Signatures of PW.4 (3) in number on certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-4

Ex.P7: FIR – through PW-7

Ex.P8: Certified copy of confession cum seizure panchanama of A1 dt: 10.1.2017 – through PW-8

Ex.P9: Certified copy of confession cum seizure panchanama of A2 dt: 10.1.2017 – through PW-8

Defence: -Nil-

MATERIAL OBJECTS MARKED

MO-1: Motorcycle B.No. AP01M 6165

I Addl. Judl. Magistrate of I Class, Mancherial.

OS/200001/2017 Decreed As Prayed For Disposal Date: 28-04-2017 I Addl

Saraswathi Venugopal Raju and one another vs Shyamsunder Agarwal and one another

28 Apr 2017

Order Record 3,154 total

Case No.	Parties	Date	Type	Outcome
CC/200439/2014	PS CCC Naspur vs Banna Venkati	02 May 2017	Order	—
CC/200033/2017	Through police, CCC Naspur vs Rayaveni Rajesh and one another	29 Apr 2017	judgment	Acquitted
CC/200034/2017	Through police, CCC Naspur vs Rayaveni Rajesh and one anoher	29 Apr 2017	judgment	Acquitted
CC/200035/2017	Through police, CCC Naspur vs Rayaveni Rajesh and one another	29 Apr 2017	judgment	Acquitted
CC/200036/2017	Through police, CCC Naspur vs Rayaveni Rajesh and one another	29 Apr 2017	judgment	Acquitted
OS/200001/2017	Saraswathi Venugopal Raju and one another vs Shyamsunder Agarwal and one another	28 Apr 2017	judgment	Decreed As Prayed For Disposal Date: 28-04-2017 I Addl
CC/200394/2013	PS Mandamarri vs Penta Bhumaiah @ Bhupathi	27 Apr 2017	judgment	—
CC/200488/2014	PS CCC Naspur vs Pati Madhusudhan Rao	27 Apr 2017	Order	—
STC/200187/2016	Through Police Ramakrishnapur vs Palaveni Raju	27 Apr 2017	Order	—
STC/200705/2016	Jakkula Anjaiah vs Paty Madhusudhan Rao	27 Apr 2017	Order	—
CC/200232/2011	State of AP through SI of Police CCC Naspur vs Thallapally Narayana	26 Apr 2017	judgment	—
CC/200320/2012	State of AP through Police,Ramakrishnapur vs Sangam Srinivas	25 Apr 2017	judgment	—
DVC/200016/2012	Ruksana Begum vs Md. Jahangeer	24 Apr 2017	Order	—
CC/200136/2015	PS Ramakrishnapur vs Vengala Sanjeev	21 Apr 2017	Order	—
CC/200359/2012	State of AP through Police,CCC Naspur vs Ravula Rajam	21 Apr 2017	judgment	—
CC/200374/2010	State of AP through SI of Police Mandamarri vs Jupaka Durga Prasad	21 Apr 2017	judgment	—
CC/200345/2015	State of AP through Police, WPS Srirampur vs Vskarkuri Madhukar and four others	20 Apr 2017	Order	—
CC/200476/2014	PS Srirampur vs Sagarla Narender	20 Apr 2017	judgment	—
PRC/200007/2016	Through Police, Mandamarri vs Oddhi Shashireka	20 Apr 2017	Order	—
CC/200275/2013	State of AP through SI of Police Ramakrishnapur vs Bandi Suresh	18 Apr 2017	judgment	—
CC/200396/2013	PS Ramakrishnapur vs Gosika Venu	18 Apr 2017	judgment	—
STC/200033/2017	Through Police Srirampur vs Manda Ramesh	18 Apr 2017	Order	—
STC/200034/2017	Through Police Srirampur vs Chiluveru Srinivas	18 Apr 2017	Order	—
STC/200484/2016	Through police, CCC Naspur vs Perugu Ilaiah	18 Apr 2017	Order	—
CC/200309/2013	State of AP through Police,Ramakrishnapur vs Ldidineni Mahesh	17 Apr 2017	judgment	—
CC/200351/2012	State of AP through Police, Mandamarri vs Deenath Yadav	17 Apr 2017	judgment	—
CC/200356/2012	State of AP through Police,Ramakrishnapur vs Nallapu Srinivas	13 Apr 2017	judgment	—
CC/200394/2014	State of A.P.through SI of Police, PS Mandamarri vs Siliveru Bapu	11 Apr 2017	judgment	—
CC/200008/2013	State of AP through Police, Mandamarri vs Anreddy Prasad	10 Apr 2017	judgment	—
CC/201340/2008	State of AP through Police, CCC Naspur vs Koppula Mozes	10 Apr 2017	Order	—
CC/200010/2017	Through Police Srirampur vs Mothe Ellaiah and 4 others	08 Apr 2017	Order	—
CC/200016/2017	Through Police Ramakrishnapur vs Tallapalli Rajashekar and one another	08 Apr 2017	Order	—
CC/200037/2016	Through police, CCC Naspur vs Saleem @ Shhaik Rafiq and 2 others	08 Apr 2017	Order	—
CC/200049/2016	SI of police Mandamarri vs Koppula Sampath@ Shivaputhurudu	08 Apr 2017	Order	—
CC/200076/2016	Through police Mandamarri vs Thogari Naresh and 5 others	08 Apr 2017	Order	—
CC/200160/2014	State of AP through Police,Ramakrishnapur vs Nallala Guruvamma	08 Apr 2017	Order	—
CC/200277/2014	State of AP through Police, CCC Naspur vs Manga Thirupathi	08 Apr 2017	Order	—
CC/200278/2016	Through Police Ramakrishnapur vs Akudari Santhosh	08 Apr 2017	Order	—
CC/200338/2014	State of A.P.through SI , PS Ramakrishnapur vs Bommanaveni Bhasker	08 Apr 2017	Order	—
CC/200419/2016	Through Police, Mandamarri vs Mogaram @ Chippari Srinivas and two others	08 Apr 2017	Order	—
STC/200009/2017	Eaga Sathaiah vs Bembadi Rayamallu	07 Apr 2017	other	—
CC/200348/2015	State of AP through Police,CCC Naspur vs Endla kiran kumar	06 Apr 2017	judgment	—
DVC/200012/2016	tNimmala Viineela Kumari vs Nimmala Subash Reddy and 4 others	04 Apr 2017	judgment	—
CC/200086/2016	Mengani Rama swamy vs Kura Santhosh Reddy	03 Apr 2017	other	—
CC/200294/2012	State of AP through Police, Srirampur vs Sollu Komuraiah	03 Apr 2017	judgment	—
STC/208/2016	State of AP through Police,Srirampur vs Jupaka Ravi	01 Apr 2017	Order	—
STC/200074/2017	Station House Officer, PS CCC Naspur vs Repan Lalu and 3 others	01 Apr 2017	Order	—
STC/200075/2017	Station House Officer, through State of TS of PS CCC Naspur vs Jetpet Maruthi and 3 others	01 Apr 2017	Order	—
STC/200656/2016	Ps Ramakrishnapur vs B.Thirupathi and three others	01 Apr 2017	Order	—
STC/200676/2016	Through Police Ramakrishnapur vs Chilka Posham	01 Apr 2017	Order	—
CC/200293/2016	Mateti Lingaiah vs Mykala Nampalli	31 Mar 2017	judgment	—
STC/200708/2016	Through Police Srirampur vs Penagond Rajashaker and 11 others	31 Mar 2017	Order	—
CC/200367/2011	State of AP through Police,Ramakrishnapur vs R.Vinod Kumar	30 Mar 2017	Order	—
STC/200727/2016	Bhukya Reddy Naik vs Asadhi Madhukar	30 Mar 2017	other	—
STC/200070/2017	Station House Officer, PS CCC Naspur vs Komuravelli Rajaiah and 5 others	28 Mar 2017	Order	—
CC/200025/2012	State of AP through Police, Mandamarri vs Jilakara Balakrishna	27 Mar 2017	judgment	—
CC/200743/2016	Through Police Ramakrishnapur vs Bonkuri Sathish	25 Mar 2017	Order	—
CC/200044/2013	State of AP through Police,Srirampur vs Mohd.Yusuffuddin	24 Mar 2017	judgment	—
CC/200140/2013	State of AP through SI of Police Srirampur vs Donthula Satyanarayana	24 Mar 2017	judgment	—
DVC/200022/2016	Akunuri Sagarika vs Akunuri Srinivas and 6 others	24 Mar 2017	Order	—
STC/200694/2016	Ps Ramakrishnapur vs Madhar Khan	24 Mar 2017	Order	—
CC/200102/2009	State of AP through Police, CCC Naspur vs Kamal Giri	22 Mar 2017	other	—
CC/200119/2013	State of AP through Police, Ramakrishnapur vs Banoth Thirupathi	22 Mar 2017	other	—
CC/200186/2011	State of AP through Police, CCC Naspur vs Bore Sagar	22 Mar 2017	judgment	—
CC/200425/2014	Ps Ramakrishnapur vs Kunsoth Ramulu	22 Mar 2017	Order	—
CC/200004/2017	Through police, CCC Naspur vs Tekam Ramu	20 Mar 2017	judgment	—
CC/200206/2012	State of A.P.through SI of Police, PS Mandamarri vs Ramancha Surender	20 Mar 2017	judgment	—
CC/200387/2013	Through Police srirampur vs Aniveni Ramesh and others	17 Mar 2017	judgment	—
CC/200344/2011	State of AP through Police, Mandamarri vs Kannuri Krishna	16 Mar 2017	judgment	—
CC/201345/2008	State of AP through SI, PS CCC Naspur vs Borigam Sampath	14 Mar 2017	judgment	—
CC/302/2013	State of AP through Police, CCC Naspur vs Dandaveni Ramesh	10 Mar 2017	judgment	—
CC/200344/2015	State of AP through Police, Ramakrishnapur vs Mallethula Ramulu	10 Mar 2017	Order	—
CC/200271/2012	State of A.P.through SI , PS Ramakrishnapur vs Lingala Shankaraiah	09 Mar 2017	judgment	—
CC/200174/2013	State of AP through SI of Police Mandamarri vs Kota Erra Babu	07 Mar 2017	judgment	—
CC/200252/2012	State of AP through Police, CCC Naspur vs Gaddala Thirupathi	07 Mar 2017	judgment	—
CC/201402/2008	State of A.P.through SI of Police, PS Mandamarri vs Nanna Shankaraiah	06 Mar 2017	judgment	—
CC/200184/2008	State of A.P.through SI of Police, PS Mandamarri vs Madasu Narsing	04 Mar 2017	judgment	—
STC/200291/2016	PS Srirampur vs V.Satyanarayana	04 Mar 2017	other	—
CC/200246/2011	State of AP through SI of Police Srirampur vs Mohd. Yusuf Khan	03 Mar 2017	judgment	—
CC/200797/2008	State of A.P.through SI , PS Ramakrishnapur vs Dasari Kumar	03 Mar 2017	judgment	—
STC/200209/2016	PS Srirampur vs K.Prabhaker	03 Mar 2017	Order	—
STC/200307/2016	PS CCC Naspur vs T.suman	03 Mar 2017	Order	—
CC/200176/2016	Sana Vijjaya Laxmi vs Madhira Venkateshwar Rao and one another	01 Mar 2017	other	—
OS/100141/2016	Mrhta Rajanna vs Basaveni Mallaiah	27 Feb 2017	judgment	—
CC/200174/2014	State of AP through Police, CCC Naspur vs Durgam Venkatesh	25 Feb 2017	Order	—
STC/624/2016	PS CCC Naspur vs B.Chiranjeevi	25 Feb 2017	Order	—
STC/628/2016	PS CCC Naspur vs Vishnubakthula Suresh	25 Feb 2017	Order	—
STC/200189/2016	through PS Ramakrishnapur vs Chandri Monu	25 Feb 2017	Order	—
STC/200205/2016	PS Srirampur vs S.Sammaiah	25 Feb 2017	Order	—
STC/200235/2016	Ps Ramakrishnapur vs G.Anil	25 Feb 2017	Order	—
STC/200247/2016	Ps Ramakrishnapur vs B.Suresh	25 Feb 2017	Order	—
STC/200251/2016	Ps Ramakrishnapur vs B.Shanker	25 Feb 2017	Order	—
STC/200285/2016	Ps Ramakrishnapur vs G.Sammaiah	25 Feb 2017	Order	—
STC/200302/2016	PS CCC Naspur vs Sakaldev Yadav	25 Feb 2017	Order	—
STC/200387/2016	Through Police Ramakrishnapur vs Ponnapula Srinivas	25 Feb 2017	Order	—
STC/200615/2016	Through police, CCC Naspur vs Syed Ankesh	25 Feb 2017	Order	—
STC/200623/2016	PS CCC Naspur vs G.Narsinga Rao	25 Feb 2017	Order	—
STC/200627/2016	PS CCC Naspur vs Vishnubakthula Suresh	25 Feb 2017	Order	—
STC/200641/2016	Through Police Ramakrishnapur vs Gurram Vinod and 3 others	25 Feb 2017	Order	—
STC/200661/2016	Ps Ramakrishnapur vs P.suresh and another	25 Feb 2017	Order	—

Showing 100 of 3,154 orders — Log in to browse all pages.

Monthly Orders (Last 12 Months)

May 2017		1
Apr 2017		49
Mar 2017		33
Feb 2017		150
Jan 2017		48
Dec 2016		68
Nov 2016		114
Oct 2016		81
Sep 2016		120
Aug 2016		130
Jul 2016		64
Jun 2016		203

Frequently Asked Questions

How many cases has Sri. J. Upender Rao handled?

Sri. J. Upender Rao has handled 3160 court orders since 2014 at Mancherial, SCJ Court Complex. The average disposal rate is 79 orders per month.

What types of cases does Sri. J. Upender Rao hear?

Based on available records, Sri. J. Upender Rao primarily handles Criminal matters (Criminal Cases, Summary Trial Cases) and Civil matters (Original Suits) at Mancherial, SCJ Court Complex.

Where is Sri. J. Upender Rao currently posted?

Sri. J. Upender Rao is posted as I Addl. Junior Civil Judge at Mancherial, SCJ Court Complex, Mancherial, Telangana.

Are judgments by Sri. J. Upender Rao available online?

Yes. 5 judgments by Sri. J. Upender Rao are available on Legistro with full text, outcome, and sections cited.

How fast does Sri. J. Upender Rao dispose cases?

Sri. J. Upender Rao disposes approximately 79 cases per month, based on 3160 orders handled over their tenure at Mancherial, SCJ Court Complex.

Since when is Sri. J. Upender Rao serving?

Sri. J. Upender Rao has been serving at Mancherial, SCJ Court Complex since 2014.

Case Types

CC 68%

STC 26%

DVC 3%

PRC 2%

MC 1%

OS 0%

Posting History

Jan 2014 — May 2017

I Addl. Junior Civil Judge · 3,160 orders

Outcomes on Record

Acquitted 4

Decreed As Prayed For Disposal Date: 28-04-2017 I Addl 1

Other Judges at this Court

Smt. G.Kavitha

Prl. Junior Civil Judge

884 orders

Ms K. Nirosha

II Addl. Junior Civil Judge

0 orders

Smt. Angadi Nirmala

Prl. Senior Civil Judge-cum-Asst.Sessions Judge

211 orders

Sri. D.Rama Mohan Reddy

Addl Senior Civil Judge-cum-AsstSessions Judge

304 orders

← View all judges at Mancherial, SCJ Court Complex