Sri J. Vineel Kumar

1CC No. 112 of 2021

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT VEMULAWADA.

Present:- Sri J. Vineel Kumar,

Judicial Magistrate of First Class,

Vemulawada.

Thursday, this the 20 th day of January, 2022

C.C. No. 112 of 2021

Between:- The State of Telangana represented by SHO, PS Gangadhara. Cr.No.219/2020.

... Complainant

/ / AND //

A1 – Kanugula @ Kummari Raju S/o Balaiah, aged 25 years, Kummari, R/o Machippa village of Moppal mandal, Nizamabad district. A2 – Kathula Prashanth S/o Naryana, aged 27 years, Goondla, R/o Aluru village of Armur mandal, Nizamabad district. A3 – Kondapalli Chinnaiaha @ Suresh S/o Sailu, aged 20 years, Gosangi R/o Armur, Nizamabad.

... Accused

This case is coming before this Court on 04-01-2022 for final hearing in the presence of Sri B.Ravinder Rao, Assistant Public Prosecutor for the state of Telangana and Sri K. Anjaiah, Legal Aid Counsel for Accused and after hearing both sides and having stood over for consideration, this court delivered the following:-

:: J U D G M E N T ::

1.The Sub-Inspector of Police, Police Station, Gangadhara has filed charge sheet against the accused no.1 to 3 in Cr. No.219/2020 for the offence U/Sec. 379 r/w 34 of Indian Penal Code.

2.The brief facts of the case are :-

It is the case of the prosecution that on 08.12.2020 at 17.30 hrs the complainant/LW1/Irugudindla Raju lodged a report stating that he is the resident of Odyaram Village, eking his livelihood by doing coolie works in

SVG Granite company, Odyaram village. On 20.11.2020 at 10.00, he parked his Bajaj pulsar bike 150 CC black colour bearing No. TS-30-B-1765 in

Odyaram petrol bunk and left to NIMS hospital, Hyderabad for treatment of his wife. After getting treatment to his wife, on 06.12.2020 he returned to his village and went to take his bike at said petrol bunk, and found his bike 2CC No. 112 of 2021 missing. He searched for his bike in the vicinity and came to a conclusion that his bike was stolen by some unknown offenders which is worth

Rs.60,000/-. Therefore, LW.1 requested to take necessary action.

3.Basing on the complaint, LW11/T. Vivek, Sub-Inspector of Police,

Police-Station, Gangadhara registered a crime No.219/2020, U/Sec.379 of

IPC and took up the investigation. During the course of investigation he examined the witnesses and recorded their statements. He visited the scene of offence and recorded the statements of other witnesses and conducted scene of offence panchanama before the panchas. Later, LW11 handed over the CD file to LW12/N. Naresh Reddy, Sub Inspector of Police,

Police-Station, Gangadhara. After completion of entire investigation, LW12 filed charge sheet against accused persons for the offences punishable

U/Sec. 379 r/w 34 of IPC.

4.After careful consideration of the material preposition, this

Court has taken cognizance of the offences punishable U/Sec.379 r/w 34 of

IPC against the accused No.1 to 3.

5.On appearance of the accused No.1 to 3, copies of all the relevant documents were furnished to them as required U/Sec.207 of Cr.P.C.

6.The accused No.1 to 3 were examined U/Sec.239 Cr.P.C. by explaining the accusation leveled against them in the Charge Sheet. They denied their involvement and pleaded not guilty and claimed to be tried.

Hence a charge U/Sec.379 r/w 34 of IPC against accused no.1 to 3 is framed and they were tried by this Court by issuing summons to the material witnesses.

7.In support of its case, the prosecution has examined PW.1 to

PW.7 and Exhibits P1 to P8 were marked through them and one material object also marked.

3CC No. 112 of 2021

8.After closure of the prosecution side evidence, the accused no.1 to 3 were examined U/Sec.313 of Cr.P.C. by explaining incriminating evidence found against them in the evidence of prosecution witnesses, they denied the same by stating them false. They reported no evidence on their behalf. Therefore, defence evidence was closed.

9.Heard both sides Arguments.

10.Now, the point for determination:

Whether the prosecution has proved the guilt of the accused no.1 to 3 for the offence punishable U/Sec.379

r/w 34 of IPC beyond all reasonable doubts?

Section 379 in The Indian Penal Code:

Punishment for theft: “Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”.

11.POINT : It is the case of the prosecution that on 20.11.2020 all the accused committed theft of Bajaj pulsar motorbike 150 CC bearing No.

TS-30-B-1765 of LW.1 which was parked in Odyaram petrol bunk and left to

Hyderabad for treatment of his wife.

12.PW1 (Irugadindla Raju) deposed that on 20.11.2020 he parked his vehicle Bajaj Pulsar Motorcycle bearing No. TS-30-B-1765 near Petrol

Bunk, Odyaram village and he went to Hyderabad for treatment to his wife

Suvarna at NIMS Hospital. After treatment they returned back on 06.12.2020 and he found missing of his parked vehicle i.e., Bajaj Pulsar

Motorcycle bearing No. TS-30-B-1765. He searched surrounding of the place where he parked and on 08.12.2020 he reported missing of said motorcycle with the police of Gangadhara.

13.PW2 (Kosna Devaiah) deposed that about 8 months back, police

Gangadhara came to the petrol bunk, Odyaram village and conducted scene of offence panchanama regarding theft of motorcycle of one Raju and 4CC No. 112 of 2021 prepared crime detail form in their presence and after reading over the contents of it, police took their signatures on crime detail form.

14.PW3 (Donthi Srinivas) deposed that on 12.12.2020 at about 4.30 p.m, at Rekurthi Bus stop the police, Karimnagar Rural conducted confession and recovery panchanama in their presence. A1 to A3 were present in the Court were in the custody of police, Karimnagar Rural and when he enquired them they admitted that they committed theft of one

Pulsar motorcycle near Petrol bunk, Odyaram village and went to Armoor village on said motorcycle.

15.PW4 (Astapuram Komuraiah) deposed that on 01.01.2021 at about 5.30 pm on the instructions of MRO, Gangadhara himself and LW.9 went to the police station, Gangadhara. A1 to A3 who were present in the

Court hall were there at police station and on enquiry they confessed that they have committed theft of one pulsar motorcycle near petrol pump,

Odyaram village and went to Armoor Village on said motorcycle. Police,

Gangadhara took accused No.1 to 3 along with them to Armoor Village. The police recovered the pulsar motorcycle near Kallu Compound which were parked by the accused and was shown to the concerned police in their presence.

16.PW5 (T. Vivek) deposed that on 08.12.2020, at about 17.30 hours, PW.1 came to PS Gangadhara and filed a report stating that he is residing at Odhyaram village. On 20.11.2020 he parked his bajaj pulsar bike bearing No. TS-30-B-1765 near the Odhyaram petrol bunk and left for NIMS

Hospital, Hyderabad for treatment of his wife. On 06.12.2020, when he returned to his village, and went to take his bike from the petrol bunk mentioned above, he found his bike missing. He searched for his bike in the 5CC No. 112 of 2021 vicinity of the said petrol bunk and when he is unable to trace it, he filed a report and requested to take necessary action. According to it, he registered a case in Cr.No. 219/2020 U/sec.379 of IPC and took up the investigation. During the course of investigation, he examined PW.1 and recorded his statement in CD-II and on the next day, he visited the place from where the bike was stolen and later, examined LW.2 and LW.3 and recorded their statements and prepared Crime Details Form in the presence of PW.2 and LW.5/M.Lachaiah. On 12.12.2020, A1 to A3 were arrested by

LW.10/T. Srinivas Rao, Inspector of Police, PS. Karimnagar Rural and during the interrogation by LW.10 the accused voluntarily admitted guilt of their offence in the present case. Accordingly LW.10 recorded confession statements of A1 to A3. Based on their confession, A1 to A3 committed offence of this case and in other cases. LW.10 informed the same to him. On 19.12.2020 in the morning hours, he filed a requisition before the

Honorable Court to issue PT Warrant against A1 to A3 who were arrested by

the LW.10 in Cr.No. 381/2020 of PS Karimnagar Rural. Later, on 19.12.2020 at evening hours, he handed over the charge to LW.12/N.Naresh Reddy, Sub-

Inspector of police, Gangadhara as he got transferred.

17.PW6 (N. Naresh Reddy) deposed that he assumed charge from

PW.5 on 19.12.2020 and took up the investigation of this case and he verified the Case Diary and Statements and found in order. On 26.12.2020, he produced A1 to A3 before this Court on PT Warrant and he filed requisition for police custody of A1 to A3 on the same day and police custody was granted by this Court on 31.12.2020. On 01.01.2021, he took the custody of A1 to A3 from Central Prison, Warangal and brought them to

PS Gangadhara and recorded their confession statement in the presence of

PW.3 and LW.9/Md.Rafi. As per their confession statement, he came to know that the property that was stolen in the present case was kept in a secret 6CC No. 112 of 2021 place beside toddy depot in Armoor. Based on their confession statement,

A2 lead them to Armoor, to the place where the stolen property was kept and PW.3 and LW.9/Md.Rafi who were the panchas to the confession panchanama accompanied them to recover the stolen property and as per the statement given by A1 to A3 the property that was stolen in the present case was recovered and seized by me and conducted recovery panchanama in the presence of PW.3 and LW.9/Md.Rafi and produced A1 to A3 on 02.01.2021. Later, he deposited the seized property before this Court and obtained permission for safe custody.

18.PW7 (P. Srinivas Rao) deposed that on 12.12.2020, when he was conducting vehicle checking near Rekurthy Bus stop, A1 to A3 came on bikes towards them. When they checked the vehicles for documents, A1 to

A3 failed to produce the documents with respect to those vehicles. He registered a case in Cr.No. 381/2020 of Karimnagar Rural PS and started investigating the matter. At the time of confession, A1 to A3 Stated that they have stolen one Bajaj Pulsar bike which was parked beside Odhyaram petrol bunk. A1 to A3 were apprehended and remanded to judicial custody in

Cr.No. 381/2020 of Karimnagar Rural PS. Later, the information regarding the theft occurred at Madhuranagar X Road along with confession panchanama was forwarded to PS Gangadhara.

19.On perusal of the entire record it is found that the charge sheet in the present case is filed on PT Warrant. During the course of PW.1 to

PW.7 were examined and Ex.P1 to P8 were marked through them. On close observation of evidence available on record it is found that there were no direct eye witnesses present at the time of commission of offence. Further the evidence of PW.3 to PW.5 was to an extent of recovery of the property which may be considered as circumstantial evidence. Since there were no 7CC No. 112 of 2021 direct eye witnesses when the offence was committed, so there is no primary evidence which clearly elucidates that A1 to A3 committed the offence in particular other than through confessional statement recorded by the police concerned.

Therefore, the prosecution did not prove the guilt of the accused

No.1 to 3 beyond all reasonable doubt apart from evidences of panch witnesses.

20.IN THE RESULT, the accused no.1 to 3 are found not guilty for the offence U/Sec.379 r/w 34 of Indian Penal Code and accordingly they are acquitted U/Sec.248(1) of Cr.P.C. and their bail bonds shall stands canceled after expiry of appeal period. Accused no.1 to 3 are set at liberty forthwith if their presence is not required in any other case or crime. The case property (MO.1) deposited vide Sl.No. 01 of 2021 which was given for interim custody to the owner of the property shall be made absolute after appeal period.

Typed to my dictation by Stenographer, after correction pronounced by me in the open Court on this the 20 th day of January, 2022.

Judicial Magistrate of First Class,

Vemulawada.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION: FOR DEFENSE : PW.1 – I. Raju- N I L - PW.2 – K. Devaiah PW.3 – D. Srinivas PW.4 – A. Komuraiah PW.5 – T. Vivek PW.6 – N. Naresh Reddy PW.7 – P. Srinivas Rao.

EXHIBITS MARKED

FOR PROSECUTION:

Ex.P1: is the report given by PW1. Ex.P2: is the Crime Detail Form. Ex.P3: is the confession and recovery panchanama by PW3. Ex.P4: is the confession panchanama by PW4. Ex.P5: is the confession and recovery panchanama by PW4.

8CC No. 112 of 2021

Ex.P6: is the FIR. Ex.P7: is the PT Warrant requisition filed by PW.5 against A1 to A3. Ex.P8: is the Charge sheet filed by me against A1 to A3 U/Sec. 379 r/w 34 IPC.

FOR DEFENSE:

– Nil –

MOs. MARKED:- MO.1 is the Bajaj Pulsar 150 CC motorcycle bearing No. TS-30-B-1765.

Judicial Magistrate of First Class,

Vemulawada.

1CC No. 112 of 2021

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT VEMULAWADA.

Present:- Sri J. Vineel Kumar,

Judicial Magistrate of First Class,

Vemulawada.

Thursday, this the 20 th day of January, 2022

C.C. No. 112 of 2021

Between:- The State of Telangana represented by SHO, PS Gangadhara. Cr.No.219/2020.

... Complainant

/ / AND //

A1 – Kanugula @ Kummari Raju S/o Balaiah, aged 25 years, Kummari, R/o Machippa village of Moppal mandal, Nizamabad district. A2 – Kathula Prashanth S/o Naryana, aged 27 years, Goondla, R/o Aluru village of Armur mandal, Nizamabad district. A3 – Kondapalli Chinnaiaha @ Suresh S/o Sailu, aged 20 years, Gosangi R/o Armur, Nizamabad.

... Accused

This case is coming before this Court on 04-01-2022 for final hearing in the presence of Sri B.Ravinder Rao, Assistant Public Prosecutor for the state of Telangana and Sri K. Anjaiah, Legal Aid Counsel for Accused and after hearing both sides and having stood over for consideration, this court delivered the following:-

:: J U D G M E N T ::

1.The Sub-Inspector of Police, Police Station, Gangadhara has filed charge sheet against the accused no.1 to 3 in Cr. No.219/2020 for the offence U/Sec. 379 r/w 34 of Indian Penal Code.

2.The brief facts of the case are :-

It is the case of the prosecution that on 08.12.2020 at 17.30 hrs the complainant/LW1/Irugudindla Raju lodged a report stating that he is the resident of Odyaram Village, eking his livelihood by doing coolie works in

SVG Granite company, Odyaram village. On 20.11.2020 at 10.00, he parked his Bajaj pulsar bike 150 CC black colour bearing No. TS-30-B-1765 in

Odyaram petrol bunk and left to NIMS hospital, Hyderabad for treatment of his wife. After getting treatment to his wife, on 06.12.2020 he returned to his village and went to take his bike at said petrol bunk, and found his bike 2CC No. 112 of 2021 missing. He searched for his bike in the vicinity and came to a conclusion that his bike was stolen by some unknown offenders which is worth

Rs.60,000/-. Therefore, LW.1 requested to take necessary action.

3.Basing on the complaint, LW11/T. Vivek, Sub-Inspector of Police,

Police-Station, Gangadhara registered a crime No.219/2020, U/Sec.379 of

IPC and took up the investigation. During the course of investigation he examined the witnesses and recorded their statements. He visited the scene of offence and recorded the statements of other witnesses and conducted scene of offence panchanama before the panchas. Later, LW11 handed over the CD file to LW12/N. Naresh Reddy, Sub Inspector of Police,

Police-Station, Gangadhara. After completion of entire investigation, LW12 filed charge sheet against accused persons for the offences punishable

U/Sec. 379 r/w 34 of IPC.

4.After careful consideration of the material preposition, this

Court has taken cognizance of the offences punishable U/Sec.379 r/w 34 of

IPC against the accused No.1 to 3.

5.On appearance of the accused No.1 to 3, copies of all the relevant documents were furnished to them as required U/Sec.207 of Cr.P.C.

6.The accused No.1 to 3 were examined U/Sec.239 Cr.P.C. by explaining the accusation leveled against them in the Charge Sheet. They denied their involvement and pleaded not guilty and claimed to be tried.

Hence a charge U/Sec.379 r/w 34 of IPC against accused no.1 to 3 is framed and they were tried by this Court by issuing summons to the material witnesses.

7.In support of its case, the prosecution has examined PW.1 to

PW.7 and Exhibits P1 to P8 were marked through them and one material object also marked.

3CC No. 112 of 2021

8.After closure of the prosecution side evidence, the accused no.1 to 3 were examined U/Sec.313 of Cr.P.C. by explaining incriminating evidence found against them in the evidence of prosecution witnesses, they denied the same by stating them false. They reported no evidence on their behalf. Therefore, defence evidence was closed.

9.Heard both sides Arguments.

10.Now, the point for determination:

Whether the prosecution has proved the guilt of the accused no.1 to 3 for the offence punishable U/Sec.379

r/w 34 of IPC beyond all reasonable doubts?

Section 379 in The Indian Penal Code:

Punishment for theft: “Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”.

11.POINT : It is the case of the prosecution that on 20.11.2020 all the accused committed theft of Bajaj pulsar motorbike 150 CC bearing No.

TS-30-B-1765 of LW.1 which was parked in Odyaram petrol bunk and left to

Hyderabad for treatment of his wife.

12.PW1 (Irugadindla Raju) deposed that on 20.11.2020 he parked his vehicle Bajaj Pulsar Motorcycle bearing No. TS-30-B-1765 near Petrol

Bunk, Odyaram village and he went to Hyderabad for treatment to his wife

Suvarna at NIMS Hospital. After treatment they returned back on 06.12.2020 and he found missing of his parked vehicle i.e., Bajaj Pulsar

Motorcycle bearing No. TS-30-B-1765. He searched surrounding of the place where he parked and on 08.12.2020 he reported missing of said motorcycle with the police of Gangadhara.

13.PW2 (Kosna Devaiah) deposed that about 8 months back, police

Gangadhara came to the petrol bunk, Odyaram village and conducted scene of offence panchanama regarding theft of motorcycle of one Raju and 4CC No. 112 of 2021 prepared crime detail form in their presence and after reading over the contents of it, police took their signatures on crime detail form.

14.PW3 (Donthi Srinivas) deposed that on 12.12.2020 at about 4.30 p.m, at Rekurthi Bus stop the police, Karimnagar Rural conducted confession and recovery panchanama in their presence. A1 to A3 were present in the Court were in the custody of police, Karimnagar Rural and when he enquired them they admitted that they committed theft of one

Pulsar motorcycle near Petrol bunk, Odyaram village and went to Armoor village on said motorcycle.

15.PW4 (Astapuram Komuraiah) deposed that on 01.01.2021 at about 5.30 pm on the instructions of MRO, Gangadhara himself and LW.9 went to the police station, Gangadhara. A1 to A3 who were present in the

Court hall were there at police station and on enquiry they confessed that they have committed theft of one pulsar motorcycle near petrol pump,

Odyaram village and went to Armoor Village on said motorcycle. Police,

Gangadhara took accused No.1 to 3 along with them to Armoor Village. The police recovered the pulsar motorcycle near Kallu Compound which were parked by the accused and was shown to the concerned police in their presence.

16.PW5 (T. Vivek) deposed that on 08.12.2020, at about 17.30 hours, PW.1 came to PS Gangadhara and filed a report stating that he is residing at Odhyaram village. On 20.11.2020 he parked his bajaj pulsar bike bearing No. TS-30-B-1765 near the Odhyaram petrol bunk and left for NIMS

Hospital, Hyderabad for treatment of his wife. On 06.12.2020, when he returned to his village, and went to take his bike from the petrol bunk mentioned above, he found his bike missing. He searched for his bike in the 5CC No. 112 of 2021 vicinity of the said petrol bunk and when he is unable to trace it, he filed a report and requested to take necessary action. According to it, he registered a case in Cr.No. 219/2020 U/sec.379 of IPC and took up the investigation. During the course of investigation, he examined PW.1 and recorded his statement in CD-II and on the next day, he visited the place from where the bike was stolen and later, examined LW.2 and LW.3 and recorded their statements and prepared Crime Details Form in the presence of PW.2 and LW.5/M.Lachaiah. On 12.12.2020, A1 to A3 were arrested by

LW.10/T. Srinivas Rao, Inspector of Police, PS. Karimnagar Rural and during the interrogation by LW.10 the accused voluntarily admitted guilt of their offence in the present case. Accordingly LW.10 recorded confession statements of A1 to A3. Based on their confession, A1 to A3 committed offence of this case and in other cases. LW.10 informed the same to him. On 19.12.2020 in the morning hours, he filed a requisition before the

Honorable Court to issue PT Warrant against A1 to A3 who were arrested by

the LW.10 in Cr.No. 381/2020 of PS Karimnagar Rural. Later, on 19.12.2020 at evening hours, he handed over the charge to LW.12/N.Naresh Reddy, Sub-

Inspector of police, Gangadhara as he got transferred.

17.PW6 (N. Naresh Reddy) deposed that he assumed charge from

PW.5 on 19.12.2020 and took up the investigation of this case and he verified the Case Diary and Statements and found in order. On 26.12.2020, he produced A1 to A3 before this Court on PT Warrant and he filed requisition for police custody of A1 to A3 on the same day and police custody was granted by this Court on 31.12.2020. On 01.01.2021, he took the custody of A1 to A3 from Central Prison, Warangal and brought them to

PS Gangadhara and recorded their confession statement in the presence of

PW.3 and LW.9/Md.Rafi. As per their confession statement, he came to know that the property that was stolen in the present case was kept in a secret 6CC No. 112 of 2021 place beside toddy depot in Armoor. Based on their confession statement,

A2 lead them to Armoor, to the place where the stolen property was kept and PW.3 and LW.9/Md.Rafi who were the panchas to the confession panchanama accompanied them to recover the stolen property and as per the statement given by A1 to A3 the property that was stolen in the present case was recovered and seized by me and conducted recovery panchanama in the presence of PW.3 and LW.9/Md.Rafi and produced A1 to A3 on 02.01.2021. Later, he deposited the seized property before this Court and obtained permission for safe custody.

18.PW7 (P. Srinivas Rao) deposed that on 12.12.2020, when he was conducting vehicle checking near Rekurthy Bus stop, A1 to A3 came on bikes towards them. When they checked the vehicles for documents, A1 to

A3 failed to produce the documents with respect to those vehicles. He registered a case in Cr.No. 381/2020 of Karimnagar Rural PS and started investigating the matter. At the time of confession, A1 to A3 Stated that they have stolen one Bajaj Pulsar bike which was parked beside Odhyaram petrol bunk. A1 to A3 were apprehended and remanded to judicial custody in

Cr.No. 381/2020 of Karimnagar Rural PS. Later, the information regarding the theft occurred at Madhuranagar X Road along with confession panchanama was forwarded to PS Gangadhara.

19.On perusal of the entire record it is found that the charge sheet in the present case is filed on PT Warrant. During the course of PW.1 to

PW.7 were examined and Ex.P1 to P8 were marked through them. On close observation of evidence available on record it is found that there were no direct eye witnesses present at the time of commission of offence. Further the evidence of PW.3 to PW.5 was to an extent of recovery of the property which may be considered as circumstantial evidence. Since there were no 7CC No. 112 of 2021 direct eye witnesses when the offence was committed, so there is no primary evidence which clearly elucidates that A1 to A3 committed the offence in particular other than through confessional statement recorded by the police concerned.

Therefore, the prosecution did not prove the guilt of the accused

No.1 to 3 beyond all reasonable doubt apart from evidences of panch witnesses.

20.IN THE RESULT, the accused no.1 to 3 are found not guilty for the offence U/Sec.379 r/w 34 of Indian Penal Code and accordingly they are acquitted U/Sec.248(1) of Cr.P.C. and their bail bonds shall stands canceled after expiry of appeal period. Accused no.1 to 3 are set at liberty forthwith if their presence is not required in any other case or crime. The case property (MO.1) deposited vide Sl.No. 01 of 2021 which was given for interim custody to the owner of the property shall be made absolute after appeal period.

Typed to my dictation by Stenographer, after correction pronounced by me in the open Court on this the 20 th day of January, 2022.

Judicial Magistrate of First Class,

Vemulawada.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION: FOR DEFENSE : PW.1 – I. Raju- N I L - PW.2 – K. Devaiah PW.3 – D. Srinivas PW.4 – A. Komuraiah PW.5 – T. Vivek PW.6 – N. Naresh Reddy PW.7 – P. Srinivas Rao.

EXHIBITS MARKED

FOR PROSECUTION:

Ex.P1: is the report given by PW1. Ex.P2: is the Crime Detail Form. Ex.P3: is the confession and recovery panchanama by PW3. Ex.P4: is the confession panchanama by PW4. Ex.P5: is the confession and recovery panchanama by PW4.

8CC No. 112 of 2021

Ex.P6: is the FIR. Ex.P7: is the PT Warrant requisition filed by PW.5 against A1 to A3. Ex.P8: is the Charge sheet filed by me against A1 to A3 U/Sec. 379 r/w 34 IPC.

FOR DEFENSE:

– Nil –

MOs. MARKED:- MO.1 is the Bajaj Pulsar 150 CC motorcycle bearing No. TS-30-B-1765.

Judicial Magistrate of First Class,

Vemulawada.

1CC No. 111 of 2021

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT VEMULAWADA.

Present:- Sri J. Vineel Kumar,

Judicial Magistrate of First Class,

Vemulawada.

Thursday, this the 20 th day of January, 2022

C.C. No. 111 of 2021

Between:-

The State of Telangana represented by SHO, PS Gangadhara. Cr.No.221/2020.

... Complainant

/ / AND //

A1 – Kanugula @ Kummari Raju S/o Balaiah, aged 25 years, Kummari, R/o Machippa village of Moppal mandal, Nizamabad district. A2 – Kathula Prashanth S/o Naryana, aged 27 years, Goondla, R/o Aluru village of Armur mandal, Nizamabad district. A3 – Kondapalli Chinnaiaha @ Suresh S/o Sailu, aged 20 years, Gosangi R/o Armur, Nizamabad.

... Accused

This case is coming before this Court on 04-01-2022 for final hearing in the presence of Sri B.Ravinder Rao, Assistant Public Prosecutor for the state of Telangana and Sri K. Anjaiah, Legal Aid Counsel for Accused and after hearing both sides and having stood over for consideration, this court delivered the following:-

:: J U D G M E N T ::

1.The Sub-Inspector of Police, Police Station, Gangadhara has filed charge sheet against the accused no.1 to 3 in Cr. No.221/2020 for the offence U/Sec. 379 r/w 34 of Indian Penal Code.

2.The brief facts of the case are :-

It is the case of the prosecution that on 09.12.2020 at 13.15 hrs the complainant/LW1/Dyavanapalli Arun lodged a report stating that he is residing in a rented room of Madhuranagar X Road. On 16.11.2020, he parked his pulsar bike bearing No. TS-08-EH-6485 in front of his house and locked his house and left to Hyderabad on his duty. On 07.12.2020 at 10.00 hrs, he returned to his house there his bike not appeared at the place another bike bearing No. AP-15-BA-6369 found at the place and as per the 2CC No. 111 of 2021 address of said another bike he called to its owner and handover it to him, he made search for his bike till today, but not traced which was committed by some unknown offenders and its worth of Rs.65,000/-. Therefore, LW.1 requested to take necessary action.

3.Basing on the complaint, LW11/T. Vivek, Sub-Inspector of Police,

Police-Station, Gangadhara registered a crime No.221/2020, U/Sec.379 of

IPC and took up the investigation. During the course of investigation he examined the witnesses and recorded their statements. He visited the scene of offence and recorded the statements of other witnesses and conducted scene of offence panchanama before the panchas. Later, LW11 handed over the CD file to LW12/N. Naresh Reddy, Sub Inspector of Police,

Police-Station, Gangadhara. After completion of entire investigation, LW12 filed charge sheet against accused persons for the offences punishable

U/Sec. 379 r/w 34 of IPC.

4.After careful consideration of the material preposition, this

Court has taken cognizance of the offences punishable U/Sec.379 r/w 34 of

IPC against the accused No.1 to 3.

5.On appearance of the accused No.1 to 3, copies of all the relevant documents were furnished to them as required U/Sec.207 of Cr.P.C.

6.The accused No.1 to 3 were examined U/Sec.239 Cr.P.C. by explaining the accusation leveled against them in the Charge Sheet. They denied their involvement and pleaded not guilty and claimed to be tried.

Hence a charge U/Sec.379 r/w 34 of IPC against accused no.1 to 3 is framed and they were tried by this Court by issuing summons to the material witnesses.

3CC No. 111 of 2021

7.In support of its case, the prosecution has examined PW.1 to

PW.7 and Exhibits P1 to P9 were marked through them and one material object also marked.

8.After closure of the prosecution side evidence, the accused no.1 to 3 were examined U/Sec.313 of Cr.P.C. by explaining incriminating evidence found against them in the evidence of prosecution witnesses, they denied the same by stating them false. They reported no evidence on their behalf. Therefore, defence evidence was closed.

9.Heard both sides Arguments.

10.Now, the point for determination:

Whether the prosecution has proved the guilt of the accused no.1 to 3 for the offence punishable U/Sec.379

r/w 34 of IPC beyond all reasonable doubts?

Section 379 in The Indian Penal Code:

Punishment for theft: “Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”.

11.POINT : It is the case of the prosecution that on 16.11.2020 all the accused committed theft of Bajaj pulsar motorbike bearing No. TS-08-

EH-6485 of PW.1 which was parked in front of his house, who locked his house and left for Hyderabad on his duty.

12.PW1 (Devanapalli Arun) deposed that on 16.11.2020, he went to Hyderabad by locking to his rented house on his professional work by parking his Pulsar bearing No. TS-08-EH-6485 in front of his house. On 07.12.2020, when he returned from Hyderabad he noticed that his bike was missing and another bike was kept in its place. He informed the same to concerned police, who inturn returned other vehicle which was parked infront of his house to its original owner. He lodged a report for theft of his vehicle by some unknown persons.

4CC No. 111 of 2021

13.PW2 (Donthi Srinivas) deposed that on 12.12.2020 at about 4.30 p.m., at Rekurthi Bus stop the police, Karimnagar Rural conducted confession and recovery panchanama in their presence. A1 to A3 are present in the Court were in the custody of police Karimnagar Rural and when he enquired them they admitted that they committed theft of one

Pulsar motorcycle near Petrol bunk, Odyaram village and went to Armoor

Village on said motorcycle.

14.PW3 (Astapuram Komuraiah) deposed that on 01.01.2021 at about 5.30 p.m., on the instructions of MRO, Gangadhara himself and LW.9 went to the police station, Gangadhara. A1 to A3 who are present in the

Court hall were there at police station and on enquiry they confessed that they have committed theft of one pulsar motorcycle at Madhura nagar X

Road, Gangadhara and went to Armoor Village on said motorcycle. Police,

Gangadhara took them along with them to Armoor Village. The police recovered the pulsar motorcycle near Kallu Compound which were parked by the accused and was shown to the concerned police in their presence.

15.PW4 (Ch. Nagaraju) deposed that on 09.12.2020, the police

Gangadhara came to the premises of Shambavi timber depot and conducted scene of offence panchanama and drew sketch map in their presence and after reading over the contents of it, the police obtained the signatures on the same.

16.PW5 (T. Vivek) deposed that on 16.11.2020 he parked his pulsar bike bearing No. TS 08 EH 6485 infront of his house, locked his house and left for Hyderabad on his duty. On 07.12.2020 at 10.00 hours, when he returned to his house, he found his bike missing and another bike bearing no. AP15 BA 6369 was being present in the same place where his bike was 5CC No. 111 of 2021 kept earlier. He searched for his bike in the vicinity of his house and when he was unable to trace it, he filed a report and requested to take necessary action. According to it, he registered a case in Cr.No. 221/2020 U/sec.379 of

IPC and took up the investigation. During the course of investigation, he examined PW.1 and recorded his statement in CD-II and on the next day, he visited Madhuranagar X Road and examined LW.2 and LW.3 and recorded their statement and prepared Crime Details Form in the presence of PW.4 and LW.5/D.Rajeshwar Rao (died). On 12.12.2020, A1 to A3 were arrested by LW.10/T.Srinivas Rao, Inspector of Police, PS.Karimnagar Rural and during the interrogation by LW.10 the accused voluntarily admitted their guilt of offence in the present case. Accordingly LW.10 recorded confession statements of A1 to A3. Based on their confession, A1 to A3 committed offence of this case and in other cases. LW.10 informed the same to me. On 19.12.2020 (date was not mentioned in PT Warrant filed before this

Court) in the morning hours, he filed a requisition before the Honorable

Court to issue PT Warrant against A1 to A3 who are arrested by the LW.10 in Cr.No. 381/2020 of PS Karimnagar Rural. Later, on 19.12.2020 at evening hours, he handed over the charge to LW.12/N.Naresh Reddy, Sub-Inspector of police, Gangadhara as he got transferred.

17.PW6 (N. Naresh Reddy) deposed that he assumed charge from

PW.5 on 19.12.2020 and took up the investigation of this case and he verified the Case Diary and Statements and found in order. On 26.12.2020, he produced A1 to A3 before this Court on PT Warrant and he filed requisition for police custody of A1 to A3 on the same day and police custody was granted by this Court on 31.12.2020. On 01.01.2021, he took the custody of A1 to A3 from Central Prison, Warangal and brought them to

PS Gangadhara and recorded their confession statement in the presence of

PW.3 and LW.9/Md.Rafi. As per their confession statement, he came to know 6CC No. 111 of 2021 that the property that was stolen in the present case was kept in a secret place beside toddy depot in Armoor. Based on their confession statement,

A2 lead them to Armoor, to the place where the stolen property was kept and PW.3 and LW.9/Md.Rafi who were the panchas to the confession panchanama accompanied them to recover the stolen property and as per the statement given by A1 to A3 the property that was stolen in the present case was recovered and seized by me and conducted recovery panchanama in the presence of PW.3 and LW.9/Md.Rafi and produced A1 to A3 on 02.01.2021. Later, he deposited the seized property before this Court and obtained permission for safe custody.

18.PW7 (P. Srinivas Rao) deposed that on 12.12.2020, when he was conducting vehicle checking near Rekurthy Bus stop, A1 to A3 came on bikes towards them. When they checked the vehicles for documents, accused failed to produce the documents with respect to those vehicles. He registered a case in Cr.No. 381/2020 of Karimnagar Rural PS and started investigating the matter. At the time of confession, A1 to A3 stated that they have stolen one Bajaj Pulsar bike which was parked beside Odhyaram petrol bunk. A1 to A3 were apprehended and remanded to judicial custody in

Cr.No. 381/2020 of Karimnagar Rural PS. Later, the information regarding the theft occurred at Madhuranagar X Road along with confession panchanama was forwarded to PS Gangadhara.

19.On perusal of the entire record it is found that the charge sheet in the present case is filed on PT Warrant. During the course of PW.1 to

PW.7 were examined and Ex.P1 to P9 were marked through them. On close observation of evidence available on record it is found that there were no direct eye witnesses present at the time of commission of offence. Further the evidence of PW.2 to PW.4 was to an extent of recovery of the property 7CC No. 111 of 2021 which may be considered as circumstantial evidence. Since there were no direct eye witnesses when the offence was committed, so there is no primary evidence which clearly elucidates that A1 to A3 committed the offence in particular other than through confessional statement recorded by the police concerned.

Therefore, the prosecution did not prove the guilt of the accused

No.1 to 3 beyond all reasonable doubt apart from evidences of panch witnesses.

20.IN THE RESULT, the accused no.1 to 3 are found not guilty for the offence U/Sec.379 r/w 34 of Indian Penal Code and accordingly they are acquitted U/Sec.248(1) of Cr.P.C. and their bail bonds shall stands canceled after expiry of appeal period. Accused no.1 to 3 are set at liberty forthwith if their presence is not required in other case or crime. The case property (MO.1) deposited vide Sl.No. 02 of 2021 which was given for interim custody to the owner of the property shall be made absolute after appeal period.

Typed to my dictation by Stenographer, after correction pronounced by me in the open Court on this the 20 th day of January, 2022.

Judicial Magistrate of First Class,

Vemulawada.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION: FOR DEFENSE : PW.1 – D. Arun- N I L - PW.2 – D. Srinivas PW.3 – A. Komuraiah PW.4 – Ch. Nagaraju PW.5 – T. Vivek PW.6 – N. Naresh Reddy PW.7 – P. Srinivas Rao.

8CC No. 111 of 2021

EXHIBITS MARKED

FOR PROSECUTION:

Ex.P1: is the report given by PW1. Ex.P2: is the confession cum recovery panchanama marked by PW2. Ex.P3: is the confession panchanama by PW3. Ex.P4: is the confession cum recovery panchanama by PW3. Ex.P5: is the Crime Detail Form. Ex.P6: is the FIR. Ex.P7: is the PT Warrant requisition filed by him against A1 to A3. Ex.P8: is the confession panchanama dated 01.01.2021 at 14.15 hours. Ex.P9: is the charge sheet filed by PW.6 against A1 to A3 U/Sec.379 r/w 34 IPC.

FOR DEFENSE:

– Nil –

MOs. MARKED:- MO.1 is the motorcycle bearing No. TS-08-EH-6485.

Judicial Magistrate of First Class,

Vemulawada.

1CC No. 111 of 2021

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT VEMULAWADA.

Present:- Sri J. Vineel Kumar,

Judicial Magistrate of First Class,

Vemulawada.

Thursday, this the 20 th day of January, 2022

C.C. No. 111 of 2021

Between:-

The State of Telangana represented by SHO, PS Gangadhara. Cr.No.221/2020.

... Complainant

/ / AND //

A1 – Kanugula @ Kummari Raju S/o Balaiah, aged 25 years, Kummari, R/o Machippa village of Moppal mandal, Nizamabad district. A2 – Kathula Prashanth S/o Naryana, aged 27 years, Goondla, R/o Aluru village of Armur mandal, Nizamabad district. A3 – Kondapalli Chinnaiaha @ Suresh S/o Sailu, aged 20 years, Gosangi R/o Armur, Nizamabad.

... Accused

This case is coming before this Court on 04-01-2022 for final hearing in the presence of Sri B.Ravinder Rao, Assistant Public Prosecutor for the state of Telangana and Sri K. Anjaiah, Legal Aid Counsel for Accused and after hearing both sides and having stood over for consideration, this court delivered the following:-

:: J U D G M E N T ::

1.The Sub-Inspector of Police, Police Station, Gangadhara has filed charge sheet against the accused no.1 to 3 in Cr. No.221/2020 for the offence U/Sec. 379 r/w 34 of Indian Penal Code.

2.The brief facts of the case are :-

It is the case of the prosecution that on 09.12.2020 at 13.15 hrs the complainant/LW1/Dyavanapalli Arun lodged a report stating that he is residing in a rented room of Madhuranagar X Road. On 16.11.2020, he parked his pulsar bike bearing No. TS-08-EH-6485 in front of his house and locked his house and left to Hyderabad on his duty. On 07.12.2020 at 10.00 hrs, he returned to his house there his bike not appeared at the place another bike bearing No. AP-15-BA-6369 found at the place and as per the 2CC No. 111 of 2021 address of said another bike he called to its owner and handover it to him, he made search for his bike till today, but not traced which was committed by some unknown offenders and its worth of Rs.65,000/-. Therefore, LW.1 requested to take necessary action.

3.Basing on the complaint, LW11/T. Vivek, Sub-Inspector of Police,

Police-Station, Gangadhara registered a crime No.221/2020, U/Sec.379 of

IPC and took up the investigation. During the course of investigation he examined the witnesses and recorded their statements. He visited the scene of offence and recorded the statements of other witnesses and conducted scene of offence panchanama before the panchas. Later, LW11 handed over the CD file to LW12/N. Naresh Reddy, Sub Inspector of Police,

Police-Station, Gangadhara. After completion of entire investigation, LW12 filed charge sheet against accused persons for the offences punishable

U/Sec. 379 r/w 34 of IPC.

4.After careful consideration of the material preposition, this

Court has taken cognizance of the offences punishable U/Sec.379 r/w 34 of

IPC against the accused No.1 to 3.

5.On appearance of the accused No.1 to 3, copies of all the relevant documents were furnished to them as required U/Sec.207 of Cr.P.C.

6.The accused No.1 to 3 were examined U/Sec.239 Cr.P.C. by explaining the accusation leveled against them in the Charge Sheet. They denied their involvement and pleaded not guilty and claimed to be tried.

Hence a charge U/Sec.379 r/w 34 of IPC against accused no.1 to 3 is framed and they were tried by this Court by issuing summons to the material witnesses.

3CC No. 111 of 2021

7.In support of its case, the prosecution has examined PW.1 to

PW.7 and Exhibits P1 to P9 were marked through them and one material object also marked.

8.After closure of the prosecution side evidence, the accused no.1 to 3 were examined U/Sec.313 of Cr.P.C. by explaining incriminating evidence found against them in the evidence of prosecution witnesses, they denied the same by stating them false. They reported no evidence on their behalf. Therefore, defence evidence was closed.

9.Heard both sides Arguments.

10.Now, the point for determination:

Whether the prosecution has proved the guilt of the accused no.1 to 3 for the offence punishable U/Sec.379

r/w 34 of IPC beyond all reasonable doubts?

Section 379 in The Indian Penal Code:

Punishment for theft: “Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”.

11.POINT : It is the case of the prosecution that on 16.11.2020 all the accused committed theft of Bajaj pulsar motorbike bearing No. TS-08-

EH-6485 of PW.1 which was parked in front of his house, who locked his house and left for Hyderabad on his duty.

12.PW1 (Devanapalli Arun) deposed that on 16.11.2020, he went to Hyderabad by locking to his rented house on his professional work by parking his Pulsar bearing No. TS-08-EH-6485 in front of his house. On 07.12.2020, when he returned from Hyderabad he noticed that his bike was missing and another bike was kept in its place. He informed the same to concerned police, who inturn returned other vehicle which was parked infront of his house to its original owner. He lodged a report for theft of his vehicle by some unknown persons.

4CC No. 111 of 2021

13.PW2 (Donthi Srinivas) deposed that on 12.12.2020 at about 4.30 p.m., at Rekurthi Bus stop the police, Karimnagar Rural conducted confession and recovery panchanama in their presence. A1 to A3 are present in the Court were in the custody of police Karimnagar Rural and when he enquired them they admitted that they committed theft of one

Pulsar motorcycle near Petrol bunk, Odyaram village and went to Armoor

Village on said motorcycle.

14.PW3 (Astapuram Komuraiah) deposed that on 01.01.2021 at about 5.30 p.m., on the instructions of MRO, Gangadhara himself and LW.9 went to the police station, Gangadhara. A1 to A3 who are present in the

Court hall were there at police station and on enquiry they confessed that they have committed theft of one pulsar motorcycle at Madhura nagar X

Road, Gangadhara and went to Armoor Village on said motorcycle. Police,

Gangadhara took them along with them to Armoor Village. The police recovered the pulsar motorcycle near Kallu Compound which were parked by the accused and was shown to the concerned police in their presence.

15.PW4 (Ch. Nagaraju) deposed that on 09.12.2020, the police

Gangadhara came to the premises of Shambavi timber depot and conducted scene of offence panchanama and drew sketch map in their presence and after reading over the contents of it, the police obtained the signatures on the same.

16.PW5 (T. Vivek) deposed that on 16.11.2020 he parked his pulsar bike bearing No. TS 08 EH 6485 infront of his house, locked his house and left for Hyderabad on his duty. On 07.12.2020 at 10.00 hours, when he returned to his house, he found his bike missing and another bike bearing no. AP15 BA 6369 was being present in the same place where his bike was 5CC No. 111 of 2021 kept earlier. He searched for his bike in the vicinity of his house and when he was unable to trace it, he filed a report and requested to take necessary action. According to it, he registered a case in Cr.No. 221/2020 U/sec.379 of

IPC and took up the investigation. During the course of investigation, he examined PW.1 and recorded his statement in CD-II and on the next day, he visited Madhuranagar X Road and examined LW.2 and LW.3 and recorded their statement and prepared Crime Details Form in the presence of PW.4 and LW.5/D.Rajeshwar Rao (died). On 12.12.2020, A1 to A3 were arrested by LW.10/T.Srinivas Rao, Inspector of Police, PS.Karimnagar Rural and during the interrogation by LW.10 the accused voluntarily admitted their guilt of offence in the present case. Accordingly LW.10 recorded confession statements of A1 to A3. Based on their confession, A1 to A3 committed offence of this case and in other cases. LW.10 informed the same to me. On 19.12.2020 (date was not mentioned in PT Warrant filed before this

Court) in the morning hours, he filed a requisition before the Honorable

Court to issue PT Warrant against A1 to A3 who are arrested by the LW.10 in Cr.No. 381/2020 of PS Karimnagar Rural. Later, on 19.12.2020 at evening hours, he handed over the charge to LW.12/N.Naresh Reddy, Sub-Inspector of police, Gangadhara as he got transferred.

17.PW6 (N. Naresh Reddy) deposed that he assumed charge from

PW.5 on 19.12.2020 and took up the investigation of this case and he verified the Case Diary and Statements and found in order. On 26.12.2020, he produced A1 to A3 before this Court on PT Warrant and he filed requisition for police custody of A1 to A3 on the same day and police custody was granted by this Court on 31.12.2020. On 01.01.2021, he took the custody of A1 to A3 from Central Prison, Warangal and brought them to

PS Gangadhara and recorded their confession statement in the presence of

PW.3 and LW.9/Md.Rafi. As per their confession statement, he came to know 6CC No. 111 of 2021 that the property that was stolen in the present case was kept in a secret place beside toddy depot in Armoor. Based on their confession statement,

A2 lead them to Armoor, to the place where the stolen property was kept and PW.3 and LW.9/Md.Rafi who were the panchas to the confession panchanama accompanied them to recover the stolen property and as per the statement given by A1 to A3 the property that was stolen in the present case was recovered and seized by me and conducted recovery panchanama in the presence of PW.3 and LW.9/Md.Rafi and produced A1 to A3 on 02.01.2021. Later, he deposited the seized property before this Court and obtained permission for safe custody.

18.PW7 (P. Srinivas Rao) deposed that on 12.12.2020, when he was conducting vehicle checking near Rekurthy Bus stop, A1 to A3 came on bikes towards them. When they checked the vehicles for documents, accused failed to produce the documents with respect to those vehicles. He registered a case in Cr.No. 381/2020 of Karimnagar Rural PS and started investigating the matter. At the time of confession, A1 to A3 stated that they have stolen one Bajaj Pulsar bike which was parked beside Odhyaram petrol bunk. A1 to A3 were apprehended and remanded to judicial custody in

Cr.No. 381/2020 of Karimnagar Rural PS. Later, the information regarding the theft occurred at Madhuranagar X Road along with confession panchanama was forwarded to PS Gangadhara.

19.On perusal of the entire record it is found that the charge sheet in the present case is filed on PT Warrant. During the course of PW.1 to

PW.7 were examined and Ex.P1 to P9 were marked through them. On close observation of evidence available on record it is found that there were no direct eye witnesses present at the time of commission of offence. Further the evidence of PW.2 to PW.4 was to an extent of recovery of the property 7CC No. 111 of 2021 which may be considered as circumstantial evidence. Since there were no direct eye witnesses when the offence was committed, so there is no primary evidence which clearly elucidates that A1 to A3 committed the offence in particular other than through confessional statement recorded by the police concerned.

Therefore, the prosecution did not prove the guilt of the accused

No.1 to 3 beyond all reasonable doubt apart from evidences of panch witnesses.

20.IN THE RESULT, the accused no.1 to 3 are found not guilty for the offence U/Sec.379 r/w 34 of Indian Penal Code and accordingly they are acquitted U/Sec.248(1) of Cr.P.C. and their bail bonds shall stands canceled after expiry of appeal period. Accused no.1 to 3 are set at liberty forthwith if their presence is not required in other case or crime. The case property (MO.1) deposited vide Sl.No. 02 of 2021 which was given for interim custody to the owner of the property shall be made absolute after appeal period.

Typed to my dictation by Stenographer, after correction pronounced by me in the open Court on this the 20 th day of January, 2022.

Judicial Magistrate of First Class,

Vemulawada.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION: FOR DEFENSE : PW.1 – D. Arun- N I L - PW.2 – D. Srinivas PW.3 – A. Komuraiah PW.4 – Ch. Nagaraju PW.5 – T. Vivek PW.6 – N. Naresh Reddy PW.7 – P. Srinivas Rao.

8CC No. 111 of 2021

EXHIBITS MARKED

FOR PROSECUTION:

Ex.P1: is the report given by PW1. Ex.P2: is the confession cum recovery panchanama marked by PW2. Ex.P3: is the confession panchanama by PW3. Ex.P4: is the confession cum recovery panchanama by PW3. Ex.P5: is the Crime Detail Form. Ex.P6: is the FIR. Ex.P7: is the PT Warrant requisition filed by him against A1 to A3. Ex.P8: is the confession panchanama dated 01.01.2021 at 14.15 hours. Ex.P9: is the charge sheet filed by PW.6 against A1 to A3 U/Sec.379 r/w 34 IPC.

FOR DEFENSE:

– Nil –

MOs. MARKED:- MO.1 is the motorcycle bearing No. TS-08-EH-6485.

Judicial Magistrate of First Class,

Vemulawada.

1 Of 6 OS.No. 09 of 2018

IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE AT

VEMULAWADA

Present : Sri J. Vineel Kumar, Junior Civil Judge, Vemulawada.

Thursday, this the 06 th day of January, 2022.

OS.No. 09 of 2018

Between:-

Merugu @ Kola Prasanna W/o Kola Chandrashekar, aged 20 years, Occ: Household, R/o H.No. 2-35/1, Ogulapoor (P.K) village of Thangallapally mandal, Rajanna Sircilla district. …..Plaintif // AND//

1.Merugu Anjaiah S/o Lingaiah, aged 70 years, Occ: Agriculture, R/o H.No. 6-75, Anupuram village of Vemulawada mandal, Rajanna Sircilla district.

2.Merugu @ Gaddameedi Shrilatha W/o Babaiah, aged 35 years, Occ: Agriculture, R/o H.No. 4-45 and also 5-95, Anupuram village of Vemulawada mandal, Rajanna Sircilla district.

3.Palakurthi Pravallika W/o Mallesham, aged 25 years, R/o H.No. 1-87/1, Oddelingapur village of Rayikal mandal, Jagityala District.

4.Sunchukala Harshitha W/o Suresh, aged 22 years, R/o H.No.2-75/1, Jeggasagar village of Metpally mandal of Jagtiyala district. ….Defendants.

This suit is coming before this Court on 13-12-2021 for final hearing in the presence of Sri R. Rajkumar, Advocate for the Plaintif and the defendants No.1 to 4 set Exparte and after having stood over for consideration this Court delivered the following:-

J U D G M E N T ::::

1.This suit is filed by Plaintif for partition and separate possession severalty with metes and bounds by allotting 3/9th share to the plaintif in the suit schedule properties more specifically shown in the schedule annexed to the plaint, which is comprising one piece of 2 Of 6 OS.No. 09 of 2018 land, situated at Anupuram village of Vemulawada Mandal, Rajanna

Sircilla district and the Gift Settlement deed bearing document No.

1930 of 2015 dated 01.04.2015 executed by the defendant No.1 in favour of the defendant No.2 is not binding on the plaintif to the extent of her share.

2.The brief averments of the plaint are that:-

The plaintif and defendants No.3 and 4 are the natural daughters of the deceased Merugu Mallesham and Radha. The grand daughters of defendant No.1 and deceased Merugu Gangavva. The said deceased Merugu Mallesham is the only legitimate natural son of the defendant No.1 through his first wife Merugu Gangavva who died. The plaintif is the younger one among her natural sisters i.e., the defendants No.3 and 4. The deceased Merugu Gangavva is the first wife of the defendant No.1. During the lifetime of the deceased Merugu

Mallesham, the defendant No.1 along with the said deceased

Mallesham and also the plaintif and defendant No.3 and 4 have constituted a undivided joint Hindu Family under the school of

Mithakshara of Hindu Law, the said joint family is having undivided joint family properties i.e., Sy.No. 397/A, to an extent of area Ac.0-20 gts, Sy.No. 401/A to an extent of area Ac.0-08 gts, Sy.No. 411/A to an extent of area Ac.0-20 gts totally to an extent of area Ac.1-08 gts which are comprising one piece of land with in the boundaries, situated at

Anupuram village of Vemulawada mandal, Rajanna Sircilla district which are herein after called as suit schedule properties along with the other immovable properties also and the plaintif and the defendant

No.1 to 4 are in joint possession and enjoyment of the same till this day which are the ancestral properties of the plaintif, defendant No.3 and 4 3 Of 6 OS.No. 09 of 2018 and succeeded the same through their father deceased Merugu

Mallesham. During the lifetime of the said deceased Merugu Gangavva, the defendant No.1 without giving the divorce to the said deceased

Merugu Gangavva and without consent of her, the defendant No.1 remarried one Anasurya and through the said Anasurya, the defendant

No.2 was born to the defendant No.1, as such the deceased Merugu

Mallehsam only legitimate children of the defendant No.1 and the plaintif, defendant No.3 and 4 are the class-I legal heirs to the deceased Merugu Mallesham and also to the defendant No.1 and so as the defendant No.2 is the illegitimate child of the defendant No.1 and said Anasurya. Due to the marriage of plaintif, defendant No.3 and 4 are living in their in-laws houses at their respective place and taking advantage of the same the defendant No.1 in collusion with the defendant No.2 who is the illegitimate child of the defendant No.1 have created fabricated and concocted document alleged to be executed a registered gift settlement deed bearing doc.No. 1930 of 2015, dated 01.04.2015 at the ofice of Sub-Registrar, Vemulawada by the defendant no.1 in favour of the defendant No.2 over the lands bearing Sy.No.

397/A, 401/A, 411/A to an extent of area Ac.1-08 gts, situated at

Anupuram village of Vemulawada mandal, but in the document the date has been typed as 01.04.2014. Recently, in the month of November, 2017 the plaintif came to know about the same and demanded the defendants for partition of the suit schedule properties and to allot the 3/9th share to the plaintif severalty with metes and bounds and to declare the said alleged registered gift settlement deed bearing Doc.No.

1930 of 2015, dated 01.04.2015 is not binding on the plaintif and liable to be canceled, but the defendants refused to do so, finally on 30.12.2017 the plaintif again demanded the defendants for partition of 4 Of 6 OS.No. 09 of 2018 the suit schedule properties and cancellation of the said registered gift settlement deed at Anupuram village of Vemulawada mandal, but the defendants bluntly refused the same. Hence, the present suit.

3.Summons served on the defendants No.1 to 4. Sri K. Gopi

Krishna, advocate filed Vakalath for defendants No.1 and 2 and requested time to file written statement, but even after giving suficient time defendants failed to file their written statement, hence they were set exparte on 16.07.2018 and the case was posted for plaintif exparte evidence.

4.The Plaintif filed his chief examination afidavit as PW1 and got marked Exs.A1 to A17.

5.Heard the Counsel for the plaintif.

6.Now the point for consideration is that:-

W hether the plaintiff is entitled for share in the suit schedule properties as prayed for ?

POINT:

7.To prove her case the plaintif examined as PW1 and got marked Ex.A1 to A17.

8.After going through the evidence of plaintif and exhibits marked through her i.e., Ex.A1 to A17, it is observed that the suit schedule property in the plaint belongs to defendant No.1 who is the grand father of plaintif and defendants No.3 and 4. Therefore, based on the averments of the plaintif and exhibits A1 to A17 marked through

PW.1 this Court is of the opinion that the suit schedule property is the ancestral property of the plaintif, defendant No.1 is being the Kartha of 5 Of 6 OS.No. 09 of 2018 the joint family property. Further Ex.A1 to A17 clearly shows the title of the items in the suit schedule belongs to defendant No.1 in the present suit who is mentioned as Kartha of Joint Hindu Family property basing on the averments of the plaint, as such the plaintif is entitled for the share in the suit schedule property. Even though summons were served on the defendants, defendants No.1 to 4 neither appeared in person nor represented through their counsel/agent to defend the suit by filing their written statements. Since there is no evidence to disprove the case of the plaintif as defendants No.1 to 4 were set exparte, this Court is of the opinion that the plaintif is entitled for 3/9th share of the Joint

Hindu Family property mentioned in the suit schedule.

9.IN THE RESULT, the suit is decreed with costs in favour of the plaintif by granting 3/9th share of the suit schedule properties i.e., lands bearing Sy.No.397/A to an extent of area Ac.0-20 gts, Sy.No.401/A to an extent of area Ac. 0-08 gts, Sy.No. 411/A to an extent of area Ac.0- 20 gts, total to an extent of area Ac.01-08 gts, which is comprising one piece of land, situated at Anupuram village of Vemulawada mandal,

Rajanna Sircilla District.

Typed to my dictation by Typist, corrected and pronounced by me in the open Court on this the 06 th day of January, 2022.

Junior Civil Judge, Vemulawada.

Appendix of evidence

Witnesses Examined

For plaintiff: For defendants:- PW-1: Merugu @ Kola Prasanna – NIL –

Exhibits marked.

For plaintiff:

Ex.A1: is the CC of Mee-Seva pahani for the year fasli 1420, dated 07.12.2017.

6 Of 6 OS.No. 09 of 2018

Ex.A2: is the CC of Mee-Seva pahani for the year fasli 1422, dated 08.12.2017.

Ex.A3: is the CC of Mee-Seva pahani for the year fasli 1427, dated 07.12.2017.

Ex.A4: is the CC of Mee-Seva pahani for the year fasli 1420, dated 07.12.2017.

Ex.A5: is the CC of Mee-Seva pahani for the year fasli 1422, dated 08.12.2017.

Ex.A6: is the CC of Mee-Seva pahani for the year fasli 1424, dated 08.12.2017.

Ex.A7: is the CC of Mee-Seva pahani for the year fasli 1427, dated 07.12.2017.

Ex.A8: is the CC of Mee-Seva pahani for the year fasli 1420, dated 07.12.2017.

Ex.A9: is the CC of Mee-Seva pahani for the year fasli 1426, dated 08.12.2017.

Ex.A10: is the CC of Mee-Seva pahani for the year fasli 1427, dated 07.12.2017.

Ex.A11: is the CC of pahani for the year 1990-91.

Ex.A12: is the CC of pahani for the year 1992-93.

Ex.A13: is the CC of pahani for the year 1994-95.

Ex.A14: is the CC of pahani for the year 1996-97.

Ex.A15: is the CC of pahani for the year 1998-99.

Ex.A16: is the CC of pahani for the year 1999-2000.

Ex.A17: is the gift settlement deed bearing document No. 930/2015,

dated 01.04.2014 executed by defendant No.1 in favour of defendant

No.2.

For defendants:- - NIL -

Junior Civil Judge, Vemulawada.