Smt K.Jayalakshmi
Junior Civil Judge
JCJ Naidupeta · Nellore · Andhra Pradesh
Based on 16 recent ordersSmt K.Jayalakshmi, Junior Civil Judge, is posted at JCJ Naidupeta, Nellore, Andhra Pradesh, India. 16 court orders on record since 2018. 5 judgments with full text available. Primarily handles CC cases.
Featured Judgments
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IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS :: NAIDUPETA.
Present:: Smt.K.Jayalakshmi, Prl. Junior Civil Judge, Gudur. (FAC) Judicial Magistrate of I Class : Naidupet
Friday, this the 27th day of April, 2018.
CALENDAR CASE NO.9 of 2018
1.Name of the complainant:State: Rep. by the SubInspector of Police, Pellakur Police Station.
2.Name of the Accused::Chigurupati Parasuram, S/o.Pullaiah, aged 31 years, SC Madiga by Caste, Gnanammakandriga Village, Thottambedu Mandal, Chittoor District.
3. Section of Law:Offence Under Sections.454, 380 or 411 of Indian Penal Code. 4.Plea of the accused :NOT GUILTY.
5. Finding of the court:NOT GUILTY.
6. Sentence or order:In the result, the accused is found not guilty for the offence under Sections.454, 380 or 411 of IPC and he is acquitted under Section.248(1) Cr.P.C. for the offence under Sections.454, 380 or 411 of IPC.
This Calendar Case coming on for hearing before me on 25042018 in the presence of Asst Public Prosecutor, Naidupeta for the State, and of Sri.B.Suresh, Advocate for the accused, and upon consideration of the material on record, and the matter having stood over till this day for consideration, and this court delivered the following:
J U D G M E N T
1)The SubInspector of Police, Pellakur Police Station, filed charge sheet against the accused alleging that they committed the offence punishable under Sections.454, 380 of
Indian Penal Code.
2)The material allegations stemming from the report and the material available on record is :
a)On 28112017 between 900 hours and 1330 hours some unknown offender/s gained enterance into the house of LW.1/Bandla Varalu @ Varalamma by breaking the locks of the main door and broke opened the bearuva and committed theft of 1)Gold Nallapusala danda – 3 sovgns, 2) Gold sada chain with venkateswara swamy dollar 2 sovgsn, 3) Green stone ring – 4 grams, 4) two other small gold rings – 4 grams, 5)Kuchulu – 6 grams, 6)Ear studs 2 pairs – 3 grams and 7) Cash of Rs.20,000/, all worth
Rs.1,25,000/ and decamped with the booty. In this connection, on the report of
LW.1/B.Varalu. LW10/T.Venkata Ramana, SI of Police, Pellakur PS registered the same as a case in Crime No.221/2017 under Sections.454, 380 IPC and investigated into.
b)During the course of investigation, Lw.10/T.Venkata Ramanan, SI of Police,
Pellakur PS examined the witnesses, recorded their statements, visited the scene of offence and prepared the rough sketch of the scene of offence. During the course of investigation, 2
LW.9/M.Ravi Nayak, SI of Police, Naidupet PS on 23122017 at 1630 hours arrested the accused in front of his house at Gnanammakandriga Village, Thottambedu Mandal, Chittor
District in Crime No.368/2017 in the presence of the mediators Lws.7 and 8/Alladi
Seshagiri and Allakula Srinivasulu and recorded the confessional statement of the accused and the accused confessed that he committed theft of gold ornaments in the house of
LW.1 and some of the gold ornaments were pledged int eh Mannapuram Gold Loan,
Srikalahasti and the remaining are with him and then LW.9 seized the case property from the possession of the accused and sent him for remand. On 27122017 LW.1 identified his property in the presence of mediators Lws.5 and 6/N.Chandraiah and B.Muni Krishnaiah.
LW.10/T.Venkata Ramana, SI of Police, Pellakur PS produced the accused before the
Hon’ble Court on PT Warrant. After completion of the investigation, LW.10/T.Venkata
Ramana, SI of Police, Pellakur PS filed charge sheet against the accused for the offence under Sections.454, 380 of IPC. Hence, the Charge.
3). The case was taken on file for the offence punishable under Sections.454, 380 of
IPC against the accused.
4)After appearance of accused, case copies were supplied to him as required under
Sec.207 Cr.P.C., and thereafter he was examined under Sec.239 Cr.P.C., during which he denied the offence. Hence, charges for the offence under Sections.454, 380 or 411 of IPC were framed and the same was read over and explained to accused in Telugu, for which he pleaded not guilty and claimed to be tried.
5).The prosecution listed 10 witnesses, but examined PWs.1 to 4 and got marked
Exs.P1 and P2 and Mos.1 to 4. LW1/Bandla Varalu is examined as PW1. LW7/Alladi
Seshagiri Rao is examined as PW.2. LW.9/M.Ravi Naik, Investigating officer is examined as
PW3. LW10/T.Venkata Ramana, Investigating Officer is examined as PW.4. Ex.P1 is the
Report of PW.1 given to the police, dt.28112017. Ex.P2 is the Arrest and Seizure
Mahazaranama, dt.23122017. MO.1 is the Black Beed gold chain – 3 sovereigns. MO.2 is the Gold Jada Kuchulu – ¾ sovereigns. MO.3 is the Gold Lord
Venkateswara dollar chain – 2 sovereigns. MO.4 is the Green Stone Gold Ring 1. The evidence of Lws.2 to 6 and 8/B.dharmaiah, B.Rupesh, B.Muni Krishnaiah, N.Chandraiah,
B.Muni Krishnaiah and A.Srinivasulu was given up by the learned Asst. Public Prosecutor.
6)After closure of entire Prosecution evidence the accused was examined under
Sec.313 Cr.P.C., and explained the incriminating evidence appearing against him in
Telugu, for which the accused denied the evidence of prosecution witnesses. The accused has not chosen to examine any defense witnesses and no documents were marked on his behalf.
7)Heard both side arguments.
8)Now the points for determination are : –
Whether the accused committed theft of Mos.1 to 4 by lurking into 1. the house of PW.1 and trespassed by breaking the locks of the main 3 door and broke open the bearuva in order to commit theft from the house of PW.1?
Whether the accused committed theft of Mos.1 to 4 from the house of 2.
PW.1, which are used for custody of the property?
Whether the Mos.1 to 4 was recovered from the possession of the 3. accused which is dishonestly receives or retains as stolen property?
Whether the prosecution has established the guilt against the accused 4. for the offence under Section.454, 380 or 411 of IPC beyond all reasonable doubt ?
9)For the reasons to be recorded hereinafter, my finding is as under:
F I N D I N G
Point Nos.1 and 2 NO Point No.3 NO Point No.4 NO
FINAL ORDER:Accused is ACQUITTED as per operative part of the Judgment.
REASONS IN SUPPORT OF MY FINDING
POINTS 1 AND 2 :
1. Whether the accused committed theft of Mos.1 to 4 by lurking into the house of PW.1 and trespassed by breaking the locks of the main door and broke open the bearuva in order to commit theft from the house of PW.1?
2. Whether the accused committed theft of Mos.1 to 4 from the house
of PW.1, which are used for custody of the property?
10)These two points are so intrinsically interrelated with each other and required common appreciation to facts and application of mind. Therefore, these two points are taken together for adjudication and determination.
11)The prosecution alleged that on 28112017 between 900 hours and 1330 hours some unknown offender/s gained enterance into the house of LW.1/Bandla Varalu @
Varalamma by breaking the locks of the main door and broke opened the bearuva and committed theft of 1)Gold Nallapusala danda – 3 sovgns, 2) Gold sada chain with venkateswara swamy dollar 2 sovgsn, 3) Green stone ring – 4 grams, 4) two other small gold rings – 4 grams, 5)Kuchulu – 6 grams, 6)Ear studs 2 pairs – 3 grams and 7) Cash of
Rs.20,000/, all worth Rs.1,25,000/ and decamped with the booty and on 23122017 at 1630 hours PW.3 arrested the accused in the presence of the mediators Pw.2 and LW.8 and seized the case property Mos.1 to 4 from the possession of the accused under a cover of mediatornama.
12)In order to bring home the guilt of the accused for the offence under Sections.454, 380 of IPC, the prosecution has to prove that the accused have committed theft of case property by lurking house trespass or house breaking in the house of PW.1.
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13)In support of its case, the prosecution has examined PWs.1 to 4 and got marked
Exs.P1 and P2 and Mos.1 to 4. PW.1 is the defacto complainant. PW.2 is the mediator at the time of arrest and seizure mahazaranama. PWs.3 and 4 are the investigating officers.
14)PW.1 deposed in her evidence that she do not know the accused. But she deposed that in the month of November, 2017 some unknown offenders committed theft of gold ornaments Mos.1 to 4 and cash of Rs.20,000/ from her house. Immediately she lodged a report in the police station. Later the police informed that the gold ornaments Mos.1 to 4 were recovered from the offender and she took the same for interim custody.
15)Pw.2 who is the panch witnesses for the arrest of the accused and seizure of the case property and VRO of Puduru Village deposed that on 23122017 at 1200 noon the police enquired the accused in his presence at Gyanamma Kandriga Village, Thottambedu Village,
Srikalahasthi, Chittoor District and on that the accused confessed that he committed theft of gold and silver articles and cash in 5 houses, ie., 3 houses are situated at
Modugulapalem Village and one house is situated at Chinthapudi village and one house is
Kothuru Village in Pellakur Mandal. The police prepared the mediatornama and obtained his signature. In the cross examination he admitted that the police seized number of articles from the possession of the accuse,d but he cannot say the list of articles. Further admitted that the cash was seized from the possession of the accused, but he did not remember the denomination.
16)Pw.3 investigating officer deposed in his evidence that on 23122017 he got credible information about accused who involved in this case, then he immediately rushed to the Gyanamma Kandriga village, where he noticed two persons trying to skulk away on seeing them and on suspicion, with the help of his staff he caught hold the accused and on enquiry the accused revealed his name and on further enquiry the accused confessed that he and S.Munisekhar are the habitual offenders and further confessed that he committed theft in PW.1’s house situated in Pellakur Village in the presence of mediators and he seized the case property from the possession of the accused.
17)Having gone through the entire evidence of Pws.1 to 4, PW.2, the VRO deposed that he acted as a mediator and in his presence PW.3 prepared the mediatornama and further deposed that the accused confessed about the commitment of theft in his presence. But his evidence is silent about that the accused confessed about the theft that he committed in the
PW.1’s house. Further PW.2 deposed that some of the articles were seized from the possession of the accused, but he cannot say the said articles list and further admitted that number of articles were seized from the possession of the accused and also cash, but he cannot say what are the articles that are seized from the accused and whether the property that was thefted in PW.1’s house was seized. Further PW.2 admitted that he cannot say the amount of cash that was seized and denomination of the cash. It is also admitted by Pws.2 and 3 that PW.3 arrested the accused in the centre of Gyanamma Kandriga Village. From the evidence of Pws.2 and 3 it revealed that the accused was arrested in the busy locality.
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18)On going to the evidence of PW.2 does not reveals that PW.3 seized the case property from the possession of the accused. Further the prosecution failed to examine any independent witness at the scene of arrest .
19)Having gone through the entire evidence of Pws.1 to 4, it can be said that no evidence is there to believe that the accused has committed theft of Mos.1 to 4 and cash of
Rs.20,000/ from the house of PW.1. PW.2 is the only mediator to the arrest and seizure mediatornama. PW.3 is the Investigating officer, but there is no eye witness to speak that the the accused was committed theft of MOS.1 to 3 in the house of PW.1. In this case, the prosecuting mainly relied upon the confession statement of the accused to prove the theft of Mos.1 to 4 which is inadmissible in evidence as per Sections.25 to 27 of Indian Evidence
Act.
20) Therefore, for the reasons discussed supra, it can be safely concluded that the prosecution has failed to bring home guilt of the accused for the offence under
Sections.454 and 380 of IPC beyond all reasonable doubt. Accordingly, the point Nos.1 and 2 are answered in favour of accused and against the prosecution.
POINT NO.3 :
3. Whether the Mos.1 to 4 were recovered from the possession of the
accused which is dishonestly receives or retains as stolen property?
21)The prosecution alleged that on 23122017 PW.3 arrested the accused in the presence of the mediator Pw.2 in Crime No.221/2017 and seized Mos.1 to 4 under a cover of mediatornama/Ex.P2 from the possession of the accused. The accused confessed before the PW.3 that he thefted the case property and cash of Rs.20,000/ in Puduru, Pellakur jurisdictions in the absence of inmates. PW.3 seized the case property ie., MOS.1 to 4 in respect of the present case and seized so many stolen properties including cash in some other crime numbers under a cover of mediatornama.
22)At the time of arguments, the learned APP filed written arguments and argued that when the evidence adduced by the prosecution is not sufficient to prove the offence under
Sections.454, 380 of IPC of the accused, but the accused can be punished for the offence punishable under Section.411 of IPC as the seizure of property is clearly proved.
23)In order to bring home guilt of the accused for the offence under Sec.411 of IPC, the prosecution has to prove that the accused had dishonestly received or retained the stolen property knowing or having reasons to believe that the property to be stolen property.
Now as per the evidence of PW.3/Investigating officer, he seized Mos.1 to 4 from the possession of the accused in the presence of PW.2. At this juncture it is pertinent to have glance of Sec.114 illustration (a) of Indian Evidence Act.
Sec.114 of Indian Evidence Act: Court may presume existence of certain facts —The
Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Illustration(a): The Court may presume — 6
That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;
Therefore, as per the illustration (a) of Sec.114 of Indian Evidence Act, if a stolen property is found in possession of a person soon after the theft and if he fails to account for his possession, the Court may presume that the said person is a thief or receiver of stolen property.
Therefore, the prosecution has to prove that some property was seized from the possession of the accused and the property was nothing but the stolen property.
24)Now in the present case in hand, as per the evidence of Pws.1 to 3, no doubt some gold articles and cash ie., Mos.1 to 4 were stolen by some unknown offenders from the house of PW.1 on 28112017. But to fulfill the ingredients of Section.411 of IPC,
Illustration(a) of Section.114 of Indian Evidence Act, the prosecution has to prove that the accused must be in possession of the stolen property soon after the theft or receiver of the stolen property. Now in the instant case, the prosecution examined only PW.2 is acted as mediator, but PW.2 did not depose anything about that the accused stolen the case property from PW.1’s house or the case property was seized from the possession of the accused soon after the theft. All these facts revealed that the case property ie., MOS.1 to 4 are not seized from the possession of the accused soon after the theft from the house of
PW.1. Under these circumstances, the accused cannot be punished for the offence under
Sec.411 of IPC. Accordingly, Point No.3 is answered in favour of the accused and against the prosecution.
POINT NO.4:
25).In the result, the accused is found not guilty for the offence under Sections.454, 380 or 411 of IPC. Accordingly, the accused is acquitted under Section.248(1) Cr.P.C for the offence Under Sections.454, 380 or 411 of IPC. The Superintendent, Central Prison,
Nellore is hereby directed to release the accused in this case forthwith, if his presence is not required in any other cases. The case property ie., Mos.1 to 4, which was already returned to PW.1 for interim custody shall made absolute after expiry of appeal time.
Typed to my dictation by the Stenographer Grade III, corrected and pronounced by me in the open court, this the 27th day of April, 2018.
Sd/ K.Jayalakshmi (FAC) Judicial Magistrate of I Class Naidupet
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For prosecution: For Defence: PW1: B.Varalu NONE PW2: A.Seshagiri Rao PW3: M.Ravi Nayak, Investigating Officer PW4:T.Venkata Ramana, Investigating Officer
DOCUMENTS EXHIBITED FOR PROSECUTION
Ex.P1 : Report of PW.1 given to the police, dt.28112017.
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Ex.P2 :Arrest and Seizure Mahazaranama, dt.23122017.
DOCUMENTS EXHIBITED FOR DEFENCE :
NILL.
MATERIAL OBJECTS
MO.1 : Black Beed gold chain – 3 sovereigns. MO.2 : Gold Jada Kuchulu – ¾ sovereigns. MO.3 : Gold Lord Venkateswara dollar chain – 2 sovereigns. MO.4 : Green Stone Gold Ring 1.
Sd/- K.Jayalakshmi
(FAC) Judicial Magistrate of I Class Naidupet
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IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS :: NAIDUPETA.
Present:: Smt.K.Jayalakshmi, Prl. Junior Civil Judge, Gudur. (FAC) Judicial Magistrate of I Class : Naidupet
Friday, this the 27th day of April, 2018.
CALENDAR CASE NO.354 of 2017
1.Name of the complainant:State: Rep. by the SubInspector of Police, Pellakur Police Station.
2.Name of the Accused::1. Patan Salar Khan, S/o.Taj Khan, aged 47 years, Muslim by caste, R/o.Chandra Babu Naidu Colony, Naidupet. N/o. West Street, Eluru Town, West Godavari District.
2. Gunji Dhanraj, S/o.Manohar (Late), aged 20 years, Vaddera by Caste, R/o.Chandra Babu Naidu Colony, Naidupet.
3. Kalathuru Venkatesh @ Karrodu, S/o.Seenaiah, 24 years, SC Mala by Caste R/o.Chandra Babu Naidu Colony, Naidupet. N/o.Marlapalli Village, Naidupet Mandal.
3. Section of Law:Offence Under Sections.457, 380 or 411 of Indian Penal Code. 4.Plea of the accused :NOT GUILTY.
5. Finding of the court:NOT GUILTY.
6. Sentence or order:In the result, the accused 1 to 3 are found not guilty for the offence under Sections.457, 380 or 411 of IPC and they are acquitted under Section.248(1) Cr.P.C. for the offence under Sections.457, 380 or 411 of IPC.
This Calendar Case coming on for hearing before me on 25042018 in the presence of Asst Public Prosecutor, Naidupeta for the State, and of Sri P.Chengaiah, Advocate for the accused, and upon consideration of the material on record, and the matter having stood over till this day for consideration, and this court delivered the following:
J U D G M E N T
1)The SubInspector of Police, Pellakur Police Station, filed charge sheet against the accused 1 to 3 alleging that they committed the offence punishable under Sections.457, 380 of Indian Penal Code.
2)The material allegations stemming from the report and the material available on record is :
a)Prior to 08112017 at 600 hours some unknown offender/s entered into the
Sri Munivindalamma Temple at Sirasanambedu Village, Pellakur Mandal and broken the grills lock and committed theft of gold ornaments 1)Thalibottu 1 wg. About 7 grams, 2)Gundlu2, 3)Kasulu2, (2)and (3) wg about 3 grams, total worth of Rs.18000/ and theft 2 of cash from hundi and decamped with the booty. In this connection, on the report of
LW.1/Gunisetty Gopal LW.12/B.Srinivasulu, Head Constable, Pellakur PS registered the same as a case in Crime No.217/2017 under Sections.457, 380 IPC and investigated into.
b)During the course of investigation, Lw.13/M.Bobby, SI of Police, Gudur Rural
PS examined the witnesses, recorded their statements, visited the scene of offence and prepared the rough sketch of the scene of offence. During the course of investigation,
LW.14/T.Venkata Ramana, I/C.SI of Police, Doravari Satram PS on 13112017 at 1000 hours arrested the accused A1 and A2 at Nelaballi Rest Area, situated on the Western side of NH16, Doravari Satram PS in Crime No.77/2017 in the presence of the mediators Lws.8 and 9/T.Munirathnam and A.Muni Chandra and recorded the confessional statement of the accused A1 and A2 and they confessed that they committed theft of gold thalibottu, two kasulu, two gundlu, cash of Rs.1000/ and sold out gundlu and kasulu and spent out the cash for their lavish and A1 took the gold talibottu and then LW14 seized the one gold thalibottu from the possession of the accused A1. On 15112017 at 1200 noon LW.13 arrested the accused A3 at Chillakur circle, situated on the Western side road margin of
NH16, Gudur Rural Mandal in crime No.214/2017 in the presence of the mediators
Lws.10 and 11/B.Penchala Rao and P.Prasad Naidu and A3 confessed the same as A1. On 28112017 LW.1 identified his property in the presence of mediators Lws.6 and 7/V.Haribabu Reddy and .Rama Mohan Reddy. LW.14/T.Venkata Ramana, SI of Police,
Pellakur PS produced the accused before the Hon’ble Court on PT Warrant. After completion of the investigation, LW.14/T.Venkata Ramana, SI of Police, Pellakur PS filed charge sheet against the accused 1 to 3 for the offence under Sections.457, 380 of IPC.
Hence, the Charge.
3). The case was taken on file for the offence punishable under Sections.457, 380 of
IPC against the accused 1 to 3.
4)After appearance of accused, case copies were supplied to them as required under
Sec.207 Cr.P.C., and thereafter they were examined under Sec.239 Cr.P.C., during which they denied the offence. Hence, charges for the offence under Sections.457, 380 or 411 of
IPC were framed and the same was read over and explained to accused in Telugu, for which they pleaded not guilty and claimed to be tried.
5).The prosecution listed 14 witnesses, but examined PWs.1 to 9 and got marked
Exs.P1 to P11 and Mo.1. LW1/Gunisetty Gopal is examined as PW1. LW6/Veluru Haribabu
Reddy is examined as PW.2. LW.8/Thaidulapati Munirathnam is examined as PW3.
LW9/Athipatla Muni Chandra is examined as PW.4. LW10/Battala Penchala Rao is examined as PW.5. LW.11/Pachhava Prasad Naidu is examined as PW.6.
LW.12/B.Srinivasulu, Head Constable is examined as PW.7. LW.13/M.Bobby, Investigating
Officer is examined as PW.8. LW14/T.Venkata Ramana, Investigating Officer is examined as PW.10. Ex.P1 is the Signature of PW.1 in the Report given to the police, dt.08112017.
Ex.P2 is the Section.161 Cr.P.C. Statement of PW.1. Ex.P3 is the Identification
Mahazaranama, dt.28112017. Ex.P4 is the Signature of PW.3 in the Arrest and Seizure 3
Mahazaranama, dated.13112017. Ex.P5 is the Signature of PW.4 in the Arrest and
Seizure Mahazaranama, dt.13112017. Ex.P6 is the Signature of PW.5 in the Arrest and
Seizure Mahazaranama, dt.16112017. Ex.P7 is the Signature of PW.4 in the Arrest and
Seizure Mahazaranama, dt.16112017. Ex.P8 is the FIR in Crime No.217/2017 of Pellakur
Police Station, dated.08112017. Ex.P9 is the Rough Sketch in Crime No.217/2017 of
Pellakur Police Station. Ex.P10 is the Arrest and Seizure Mahazaranama, dt.16112017.
Ex.P11 is the Arrest Mahazaranama, dt.13112017. MO.1 is the Gold Talibottu. The evidence of Lws.2 to 5 and 7/B.Krishna Murthy, A.Chandraiah, G.Venkata Krishna Reddy, v.Murali Krishna Reddy and S.Rama Mohan Reddy was given up by the learned Asst. Public
Prosecutor.
6)After closure of entire Prosecution evidence the accused were examined under
Sec.313 Cr.P.C., and explained the incriminating evidence appearing against them in
Telugu, for which the accused denied the evidence of prosecution witnesses. The accused have not chosen to examine any defense witnesses and no documents were marked on their behalf.
7)Heard both side arguments.
8)Now the points for determination are : –
Whether the accused 1 to 3 committed theft of gold thalibottu, 1. Kasulu, Gundlu and cash by lurking the Sri Munivindalamma temple at Srisanambedu Village, Pellakur Mandal trespassed by breaking the
grill locks in order to commit theft from the temple?
Whether the accused committed theft of gold talibottu, Kasulu, 2. gundlu and cash from the temple of Sri Munivindalamma temple, Sirasanambedu Village, Pellakur Mandal, which are used for custody of the property?
Whether the Mo.1 was recovered from the possession of the accused 3.
which is dishonestly receives or retains as stolen property?
Whether the prosecution has established the guilt against the accused 4. for the offence under Section.457, 380 or 411 of IPC beyond all reasonable doubt ?
9)For the reasons to be recorded hereinafter, my finding is as under:
F I N D I N G
Point Nos.1 and 2 NO Point No.3 NO Point No.4 NO
FINAL ORDER:Accused 1 to 3 are ACQUITTED as per operative part of the Judgment.
REASONS IN SUPPORT OF MY FINDING
POINTS 1 AND 2 :
1. Whether the accused 1 to 3 committed theft of gold thalibottu, Kasulu, Gundlu and cash by lurking the Sri Munivindalamma temple at Srisanambedu Village, Pellakur Mandal trespassed by breaking the
grill locks in order to commit theft from the temple?
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2. Whether the accused committed theft of gold talibottu, Kasulu, gundlu and cash from the temple of Sri Munivindalamma temple, Sirasanambedu Village, Pellakur Mandal, which are used for custody of the property?
10)These two points are so intrinsically interrelated with each other and required common appreciation to facts and application of mind. Therefore, these two points are taken together for adjudication and determination.
11)The prosecution alleged that prior to 08112017 at 600 hours the accused were entered into Sri Munivindalamma Temple at Sirasanambedu village, Pellakur Mandal and broken the grills lock of temple and committed theft of Mo.1 and other gold ornaments and on 13112017 at 1000 am PW.9 arrested the accused in the presence of the mediators
Pws.3 and 4 and seized the case property Mo.1 from the possession of the accused under a cover of mediatornama.
12)In order to bring home the guilt of the accused for the offence under Sections.457, 380 of IPC, the prosecution has to prove that the accused have committed theft of case property by lurking house trespass or house breaking in the temple.
13)In support of its case, the prosecution has examined PWs.1 to 9 and got marked
Exs.P1 to P11 and Mo.1. PW.1 is the defacto complainant. PW.2 is the mediator at the time of identification mahazaranama. Pws.3 to 6 are the mediators at the time of arrest and seizure mahazaranama. PWs.7 to 9 are the investigating officers.
14)PW.1 deposed in his evidence that he is the resident of Sirasanambedu village. At about 8 monnths back all his villaers combindingly constructed a temple in the village ie.,
Sri Munivindalamma temple and he do not know anything about the case facats and he affixed his signature on the request of the village elders on a blank white paper and he came to know that there was a theft of about 11 grams of gold. Police never examined him and recorded his statement. He identified th;e property which is marked as MO.1.
15)Pw.2 who is the panch witnesses for the identification parade of the recovery of case property, categorically deposed in their evidence that on one day the Pellakur SHO called them and in their presence they conducted the identification parade of the case property and the same was identified by PW.1.
16)Pws.3 and 4 are the panch witnesses at the time of arrest of A1 and A2 and seizure of the case property deposed that one police constable came to them and narrated about the continuous theft in and around the village requested them to sing on two white papers and they signed on two white papers, but they do not know the contents of it.
17)Pws.5 and 6 are the panch witnesses at the time of arrest of A3 deposed that they went to the police station on their personal work, the police requested them to affix their signatures and they affixed their signatures on a white papers, but they do not know the contents of it.
18)Pws.7 to 9 who are the investigating officers deposed as per the record only.
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19)On scrupulous perusal of the entire evidence of Pws.1 to 9, this court came to know that no witness deposed that the accused committed theft of Mo.1 by lurking the temple and trespassed into it. Admittedly Pws.1 to 3 are not the eye witnesses of Mo.1. In this case, the prosecuting mainly relied upon the confession statement of the accused to prove the theft of Mo.1 which is inadmissible in evidence as per Sections.25 to 27 of Indian
Evidence Act.
20) Therefore, for the reasons discussed supra, it can be safely concluded that the prosecution has failed to bring home guilt of the accused for the offence under
Sections.457 and 380 of IPC beyond all reasonable doubt. Accordingly, the point Nos.1 and 2 are answered in favour of accused and against the prosecution.
POINT NO.3 :
3. Whether the Mo.1 was recovered from the possession of the
accused which is dishonestly receives or retains as stolen property?
21)In order to bring home guilt of the accused for the offence under Sec.411 of IPC, the prosecution has to prove that the accused had dishonestly received or retained the stolen property ie., Mo.1 from the possession of the accused. The prosecution alleged that on 13112017 PW.8 arrested the accused A1 and A2 in the presence of the mediators Pws.3 and 4 and seized Mo.1 under a cover of mediatornama/Ex.P11 from the possession of the accused. At this juncture it is pertinent to have glance of Sec.114 illustration (a) of Indian
Evidence Act.
Sec.114 of Indian Evidence Act: Court may presume existence of certain facts —The
Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Illustration(a): The Court may presume —
That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;
Therefore, as per the illustration (a) of Sec.114 of Indian Evidence Act, if a stolen property is found in possession of a person soon after the theft and if he fails to account for his possession, the Court may presume that the said person is a thief or receiver of stolen property.
Therefore, the prosecution has to prove that some property was seized from the possession of the accused and the property was nothing but the stolen property.
22)Now in the present case in hand, it is the evidence of Investigating Officer/P.W.9 that on 13112017 at 1000 am he arrested the accused in the presence of the mediators
Pws.3 and 4 at Nelaballi Rest Area at NH 16, D.V.Satram village and recovered the stolen property ie., Mo.1 under cover of mediatornama. PW.9 further deposed that the accused confessed in the presence of the mediators about the theft of gold ornaments and cash in this case and some other cases. On 28112017 he conducted the identification parade, in 6 which PW.1 identified the Mo.1. Therefore, the entire evidence of PW.9 reveals that he arrested the accused and seized Mo.1 from the possession of the accused in the presence of mediators Pws.3 and 4. But Pws.3 and 4 have deposed in their evidence that at the request of the police they have signed on the papers and they do not know anything about this case. They admitted their signatures in arrest and seizure mahazaranama, but they denied their presence at the time of seizure of case property from the possession of the accused. In the cross examination, they clearly admitted that they do not know the contents of the papers on which they have signed and further admitted that the police have not seized any property from the possession of the accused in their presence. Therefore, the entire evidence of Pws.3 and 4 is not corroborated with the evidence of PW.9 in respect of seizure of the case property ie., Mo.1 from the possession of the accused.
23)No doubt as per the evidence of Pws.1 and 9, there was a theft committed in the temple at Sirasanambedu Village, in which some unknown offenders have stolen Mo.1 and some other gold articles. But, as I discussed supra, to bring home guilt of the accused for the offence under Sec.411 of IPC, it has to be proved by the prosecution that the stolen property was seized by the police from the possession of accused. In the present case in hand, except the evidence of Investigating Officer/P.W.9, no witness deposed that the case property/Mo.1 seized by P.W.9 from the possession of accused. Under these circumstances, the accused cannot be punished for the offence under Sec.411 of IPC. Accordingly, Point
No.3 is answered in favour of the accused and against the prosecution.
POINT NO.4:
24).In the result, the accused 1 to 3 are found not guilty for the offence under
Sections.457, 380 or 411 of IPC. Accordingly, the accused 1 to 3 are acquitted under
Section.248(1) Cr.P.C for the offence Under Sections.457, 380 or 411 of IPC. The
Superintendent, Central Prison, Nellore is hereby directed to release the accused 1 and 3 respectively in this case forthwith, if their presence is not required in any other cases. The case property ie., Mo.1, which was already returned to PW.1 for interim custody shall made absolute after expiry of appeal time.
Typed to my dictation by the Stenographer Grade III, corrected and pronounced by me in the open court, this the 27th day of April, 2018.
Sd/K.Jayalakshmi
(FAC) Judicial Magistrate of I Class Naidupet
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For prosecution: For Defence: PW1: Gopal NONE PW2: V.Haribabu Reddy PW3: T.Munirathnam PW4: A.Muni Chandra PW5: B.Penchala Rao PW6: P.Prasad Naidu PW7: B.Srinivasulu, Head Constable PW8: M.Bobby, Investigating Officer PW9:T.Venkata Ramana, Investigating Officer 7
DOCUMENTS EXHIBITED FOR PROSECUTION
Ex.P1 : Signature of PW.1 in the Report given to the police, dt.08112017. Ex.P2 : Section.161 Cr.P.C. Statement of PW.1. Ex.P3 : Identification Mahazaranama, dt.28112017. Ex.P4 : Signature of PW.3 in the Arrest and Seizure Mahazaranama, dated.13112017. Ex.P5 : Signature of PW.4 in the Arrest and Seizure Mahazaranama, dt.13112017. Ex.P6 : Signature of PW.5 in the Arrest and Seizure Mahazaranama, dt.16112017. Ex.P7 : Signature of PW.4 in the Arrest and Seizure Mahazaranama, dt.16112017. Ex.P8 : FIR in Crime No.217/2017 of Pellakur Police Station, dated.08112017. Ex.P9 : Rough Sketch in Crime No.217/2017 of Pellakur Police Station. Ex.P10: Arrest and Seizure Mahazaranama, dt.16112017. Ex.P11: Arrest Mahazaranama, dt.13112017.
DOCUMENTS EXHIBITED FOR DEFENCE :
NILL.
MATERIAL OBJECTS
MO.1 : Gold Talibottu.
Sd/- K.Jayalakshmi
(FAC) Judicial Magistrate of I Class Naidupet
1
IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS :: NAIDUPETA.
Present:: Smt.K.Jayalakshmi, Prl. Junior Civil Judge, Gudur. (FAC) Judicial Magistrate of I Class : Naidupet
Friday, this the 27th day of April, 2018.
CALENDAR CASE NO.8 of 2018
1.Name of the complainant:State: Rep. by the SubInspector of Police, Pellakur Police Station.
2.Name of the Accused::Chigurupati Parasuram, S/o.Pullaiah, aged 31 years, SC Madiga by Caste, Gnanammakandriga Village, Thottambedu Mandal, Chittoor District.
3. Section of Law:Offence Under Sections.454, 380 of Indian Penal Code. 4.Plea of the accused :NOT GUILTY.
5. Finding of the court:NOT GUILTY.
6. Sentence or order:In the result, the accused is found not guilty for the offence under Sections.454, 380 of IPC and he is acquitted under Section.248(1) Cr.P.C. for the offence under Sections.454, 380 of IPC.
This Calendar Case coming on for hearing before me on 25042018 in the presence of Asst Public Prosecutor, Naidupeta for the State, and of Sri.B.Suresh, Advocate for the accused, and upon consideration of the material on record, and the matter having stood over till this day for consideration, and this court delivered the following:
J U D G M E N T
1)The SubInspector of Police, Pellakur Police Station, filed charge sheet against the accused alleging that they committed the offence punishable under Sections.454, 380 of
Indian Penal Code.
2)The material allegations stemming from the report and the material available on record is :
a)On 28112017 between 830 hours and 1300 hours some unknown offender/s gained entrance into the house of LW.1/Aderi Malliswari by breaking the hinge of the iron grill of the house and broke opened the bearuva and committed theft of silver (chembu) of 80 grams and silver spoon of 15 grams and cash in Rs.5,000/, all worth
Rs.10,000/ and decamped with the booty. In this connection, on the report of
LW.1/A.Malleswari. LW9/G.Rama Koteswara Rao, ASI, Pellakur PS registered the same as a case in Crime No.220/2017 under Sections.454, 380 IPC and investigated into.
b)During the course of investigation, Lw.9/G.Koteswara Rao, ASI, Pellakur PS examined the witnesses, recorded their statements, visited the scene of offence and prepared the rough sketch of the scene of offence. During the course of investigation,
LW.10/M.Ravi Nayak, SI of Police, Naidupet PS on 23122017 at 1630 hours arrested the accused in front of his house at Gnanammakandriga Village, Thottambedu Mandal, Chittor 2
District in Crime No.368/2017 in the presence of the mediators Lws.7 and 8/Alladi
Seshagiri and Allakula Srinivasulu and recorded the confessional statement of the accused and the accused confessed that he committed theft of silver articles and cash in the house of LW.1 and then LW.9 seized the case property from the possession of the accused and sent him for remand. On 27122017 LW.1 identified her property in the presence of mediators Lws.5 and 6/Appadi Ramanaiah and N.Damodar Naidu. LW.9/G.Koteswara
Rao, ASI, Pellakur PS produced the accused before the Hon’ble Court on PT Warrant. After completion of the investigation, LW.11/T.Venkata Ramana, SI of Police, Pellakur PS filed charge sheet against the accused for the offence under Sections.454, 380 of IPC. Hence, the Charge.
3). The case was taken on file for the offence punishable under Sections.454, 380 of
IPC against the accused.
4)After appearance of accused, case copies were supplied to him as required under
Sec.207 Cr.P.C., and thereafter he was examined under Sec.239 Cr.P.C., during which he denied the offence. Hence, charges for the offence under Sections.454, 380 of IPC were framed and the same was read over and explained to accused in Telugu, for which he pleaded not guilty and claimed to be tried.
5).The prosecution listed 11 witnesses, but examined PWs.1 to 5 and got marked
Exs.P1 to P4 and Mos.1 to 3. LW1/Aderi Malliswari is examined as PW1. LW7/Alladi
Seshagiri Rao is examined as PW.2. LW.9/G.Rama Koteswara Rao, ASI is examined as
PW.3. LW.10/M.Ravi Naik, Investigating officer is examined as PW4. LW11/T.Venkata
Ramana, Investigating Officer is examined as PW.5. Ex.P1 is the Report of PW.1 given to the police, dt.28112017. Ex.P2 is the Arrest and Seizure Mahazaranama, dt.23122017.
Ex.P3 is the FIR in Crime NO.220/2017 of Pellakur PS, dt.28112017. Ex.P4 is the Rough
Sketch in Crime No.220/2017 of Pellakur PS. MO.1 is the Silver Tumbler. MO.2 is the
Silver Spoon. MO.3 is the Cash of Rs.4000/. The evidence of Lws.2 to 6 and 8/A.Sudhakaraiah, A.Chenchu Krishnaiah, K.Guravaiah, A.Ramanaiah, N.Damodar and
A.Srinivasulu was given up by the learned Asst. Public Prosecutor.
6)After closure of entire Prosecution evidence the accused was examined under
Sec.313 Cr.P.C., and explained the incriminating evidence appearing against him in
Telugu, for which the accused denied the evidence of prosecution witnesses. The accused has not chosen to examine any defense witnesses and no documents were marked on his behalf.
7)Heard both side arguments.
8)Now the points for determination are : –
Whether the accused committed theft of Mos.1 to 3 by lurking into 1. the house of PW.1 and trespassed by breaking the locks of the main door and broke open the bearuva in order to commit theft from the house of PW.1?
3
Whether the accused committed theft of Mos.1 to 3 from the house of 2.
PW.1, which are used for custody of the property?
Whether the Mos.1 to 3 was recovered from the possession of the 3. accused which is dishonestly receives or retains as stolen property?
Whether the prosecution has established the guilt against the accused 4. for the offence under Section.454, 380 of IPC beyond all reasonable doubt ?
9)For the reasons to be recorded hereinafter, my finding is as under:
F I N D I N G
Point Nos.1 to 3 NO Point No.4 NO
FINAL ORDER:Accused is ACQUITTED as per operative part of the Judgment.
REASONS IN SUPPORT OF MY FINDING
POINTS 1 to 3 :
Whether the accused committed theft of Mos.1 to 3 by lurking into 1. the house of PW.1 and trespassed by breaking the locks of the main door and broke open the bearuva in order to commit theft from the house of PW.1?
Whether the accused committed theft of Mos.1 to 3 from the house of 2.
PW.1, which are used for custody of the property?
Whether the Mos.1 to 3 was recovered from the possession of the 3. accused which is dishonestly receives or retains as stolen property?
10)These three points are so intrinsically interrelated with each other and required common appreciation to facts and application of mind. Therefore, these three points are taken together for adjudication and determination.
11)The prosecution alleged that On 28112017 between 830 hours and 1300 hours some unknown offender/s gained entrance into the house of LW.1/Aderi Malleswari by breaking the hinge of the iron grill of the house and broke opened the bearuva and committed theft of silver (chembu) of 80 grams and silver spoon of 15 grams and cash in
Rs.5,000/, all worth Rs.10,000/ and decamped with the booty. On 23122017 at 1630 hours PW.4 arrested the accused in the presence of the mediators Pw.2 and LW.8 and seized the case property Mos.1 to 3 from the possession of the accused under a cover of mediatornama.
12)In order to bring home the guilt of the accused for the offence under Sections.454, 380 of IPC, the prosecution has to prove that the accused have committed theft of case property by lurking house trespass or house breaking in the house of PW.1.
13)In support of its case, the prosecution has examined PWs.1 to 5 and got marked
Exs.P1 to P4 and Mos.1 to 3. PW.1 is the defacto complainant. PW.2 is the mediator at the time of arrest and seizure mahazaranama. PWs.3 to 5 are the investigating officers.
14)PW.1 deposed in her evidence she deposed that at about 3 ½ months ago on one day some unknown offenders committed theft of silver articles and cash of Rs.5,000/ from 4 her house. Immediately she lodged a report in the police station. Later the police informed that the silver articles and cash ie.,Mos.1 to 3 were recovered from the offender and she took the same for interim custody.
15)Pw.2 who is the panch witnesses for the arrest of the accused and seizure of the case property and VRO of Puduru Village deposed that on 23122017 at 1200 noon the police enquired the accused in his presence at Gyanamma Kandriga Village, Thottambedu Village,
Srikalahasthi, Chittoor District and on that the accused confessed that he committed theft of gold and silver articles and cash in 5 houses, ie., 3 houses are situated at
Modugulapalem Village and one house is situated at Chinthapudi village and one house is
Kothuru Village in Pellakur Mandal. The police prepared the mediatornama and obtained his signature. In the cross examination he admitted that the police seized number of articles from the possession of the accused, but he cannot say the list of articles. Further admitted that the cash was seized from the possession of the accused, but he did not remember the denomination.
16)Pw.3 deposed in formal lines about registering of case, examination of witnesses and recording of their statements, visiting of scene of offence and preparation of rough sketch.
17) PW.4/M.Ravi Nayak, investigating officer deposed in his evidence that on 23122017 he got credible information about accused who involved in this case, then he immediately rushed to the Gyanamma Kandriga village, where he noticed two persons trying to skulk away on seeing them and on suspicion, with the help of his staff he caught hold the accused and on enquiry the accused revealed his name and on further enquiry the accused confessed that he and S.Munisekhar are the habitual offenders and further confessed that he committed theft in PW.1’s house situated in Pellakur Village in the presence of mediators and he seized the case property from the possession of the accused.
18)Having gone through the entire evidence of Pws.1 to 5, PW.2, the VRO deposed that he acted as a mediator and in his presence PW.4 prepared the mediatornama and further deposed that the accused confessed about the commitment of theft in his presence. But his evidence is silent about that the accused confessed about the theft that he committed in the
PW.1’s house. Further PW.2 deposed that some of the articles were seized from the possession of the accused, but he cannot say the said articles list and further admitted that number of articles were seized from the possession of the accused and also cash, but he cannot say what are the articles that are seized from the accused and whether the property that was thefted in PW.1’s house was seized. Further PW.2 admitted that he cannot say the amount of cash that was seized and denomination of the cash. It is also admitted by Pws.2 and 4 that PW.4 arrested the accused in the centre of Gyanamma Kandriga Village. From the evidence of Pws.2 and 4 it revealed that the accused was arrested in the busy locality.
19)On going to the evidence of PW.2 does not reveals that PW.4 seized the case property from the possession of the accused. Further the prosecution failed to examine any independent witness at the scene of arrest .
5
20)Having gone through the entire evidence of Pws.1 to 5, it can be said that no evidence is there to believe that the accused has committed theft of Mos.1 to3 from the house of PW.1. PW.2 is the only mediator to the arrest and seizure mediatornama. PW.4 is the Investigating officer, but there is no eye witness to speak that the accused was committed theft of MOs.1 to 3 in the house of PW.1. In this case, the prosecuting mainly relied upon the confession statement of the accused to prove the theft of Mos.1 to 3 which is inadmissible in evidence as per Sections.25 to 27 of Indian Evidence Act.
21) Therefore, for the reasons discussed supra, it can be safely concluded that the prosecution has failed to bring home guilt of the accused for the offence under
Sections.454 and 380 of IPC beyond all reasonable doubt.
22)The prosecution further alleged that on 23122017 PW.4 arrested the accused in the presence of the mediator Pw.2 in Crime No.220/2017 and seized Mos.1 to 3 under a cover of mediatornama/Ex.P2 from the possession of the accused. The accused confessed
before the PW.4 that he thefted the case property and cash of Rs.20,000/ in Puduru,
Pellakur jurisdictions in the absence of inmates. PW.4 seized the case property ie., MOS.1 to 3 in respect of the present case and seized so many stolen properties including cash in some other crime numbers under a cover of mediatornama.
23)At the time of arguments, the learned APP filed written arguments and argued that when the evidence adduced by the prosecution is not sufficient to prove the offence under
Sections.454, 380 of IPC of the accused, but the accused can be punished for the offence punishable under Section.411 of IPC as the seizure of property is clearly proved.
24)In order to bring home guilt of the accused for the offence under Sec.411 of IPC, the prosecution has to prove that the accused had dishonestly received or retained the stolen property knowing or having reasons to believe that the property to be stolen property.
Now as per the evidence of PW.4/Investigating officer, he seized Mos.1 to 3 from the possession of the accused in the presence of PW.2. At this juncture it is pertinent to have glance of Sec.114 illustration (a) of Indian Evidence Act.
Sec.114 of Indian Evidence Act: Court may presume existence of certain facts —The
Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Illustration(a): The Court may presume —
That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;
Therefore, as per the illustration (a) of Sec.114 of Indian Evidence Act, if a stolen property is found in possession of a person soon after the theft and if he fails to account for his possession, the Court may presume that the said person is a thief or receiver of stolen property.
6
Therefore, the prosecution has to prove that some property was seized from the possession of the accused and the property was nothing but the stolen property.
25)Now in the present case in hand, as per the evidence of Pws.1 to 5, no doubt some silver articles and cash ie., Mos.1 to 3 were stolen by some unknown offenders from the house of PW.1 on 28112017. But to fulfill the ingredients of Section.411 of IPC,
Illustration(a) of Section.114 of Indian Evidence Act, the prosecution has to prove that the accused must be in possession of the stolen property soon after the theft or receiver of the stolen property. Now in the instant case, the prosecution examined only PW.2 is acted as mediator, but PW.2 did not depose anything about that the accused stolen the case property from PW.1’s house or the case property was seized from the possession of the accused soon after the theft. All these facts revealed that the case property ie., MOS.1 to 3 are not seized from the possession of the accused soon after the theft from the house of
PW.1. Under these circumstances, the accused cannot be punished for the offence under
Sec.411 of IPC. Accordingly, Point No.3 is answered in favour of the accused and against the prosecution.
POINT NO.4:
26).In the result, the accused is found not guilty for the offence under Sections.454, 380 of IPC. Accordingly, the accused is acquitted under Section.248(1) Cr.P.C for the offence
Under Sections.454, 380 of IPC. The Superintendent, Central Prison, Nellore is hereby directed to release the accused in this case forthwith, if his presence is not required in any other cases. The case property ie., Mos.1 to 3, which was already returned to the defacto complainant for interim custody shall made absolute after expiry of appeal time.
Typed to my dictation by the Stenographer Grade III, corrected and pronounced by me in the open court, this the 27th day of April, 2018. Sd/ K.Jayalakshmi (FAC) Judicial Magistrate of I Class Naidupet
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For prosecution: For Defence: PW1: A.Malleswari NONE PW2: A.Seshagiri Rao PW3: G.Koteswara Rao, ASI PW4: M.Ravi Nayak, Investigating Officer PW5:T.Venkata Ramana, Investigating Officer
DOCUMENTS EXHIBITED FOR PROSECUTION
Ex.P1 : Report of PW.1 given to the police, dt.28112017. Ex.P2 : Arrest and Seizure Mahazaranama, dt.23122017. Ex.P3 : FIR in Crime NO.220/2017 of Naidupet PS, dt.28112017. Ex.P4 : Rough Sketch in Crime No.220/2017 of Naidupet PS.
DOCUMENTS EXHIBITED FOR DEFENCE :
NILL.
7
MATERIAL OBJECTS
MO.1 : Silver Tumbler. MO.2 : Silver Spoon. MO.3 : Cash of Rs.4000/.
Sd/- K.Jayalakshmi
(FAC) Judicial Magistrate of I Class Naidupet
1
IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS :: NAIDUPETA.
Present:: Smt.K.Jayalakshmi, Prl. Junior Civil Judge, Gudur. (FAC) Judicial Magistrate of I Class : Naidupet
Friday, this the 27th day of April, 2018.
CALENDAR CASE NO.15 of 2018
1.Name of the complainant:State: Rep. by the SubInspector of Police, Naidupet Police Station.
2.Name of the Accused::Guvvala Suresh Babu, S/o.Venkateswarlu, aged 30 years, Mutharaasi by Caste, BC Colony, Bangarupeta, Venkatagiri Town, SPSR Nellore District.
3. Section of Law:Offence Under Sections.457, 380 or 411 of Indian Penal Code. 4.Plea of the accused :NOT GUILTY.
5. Finding of the court:NOT GUILTY.
6. Sentence or order:In the result, the accused is found not guilty for the offence under Sections.457, 380 or 411 of IPC and he is acquitted under Section.248(1) Cr.P.C. for the offence under Sections.457, 380 or 411 of IPC.
This Calendar Case coming on for hearing before me on 25042018 in the presence of Asst Public Prosecutor, Naidupeta for the State, and of Sri P.Chengaiah, Advocate for the accused, and upon consideration of the material on record, and the matter having stood over till this day for consideration, and this court delivered the following:
J U D G M E N T
1)The SubInspector of Police, Naidupet Police Station, filed charge sheet against the accused alleging that he committed the offence punishable under Sections.457, 380 or 411 of Indian Penal Code.
2)The material allegations stemming from the report and the material available on record is :
a)On the intervening night of 19/20092017 some unknown offender/s entered into the house of LW.1/Kalahasthi Sugunamma at Mangapathinaidunagar,
Naidupet Town and Mandal by broke open the lock fo the door, opened the bearuva with its keys available on it and committed theft of gold ornaments wg. about 5 sovereigns and cash of Rs.15000/ total worht Rs.95,000/ and decamped with the booty while the temporary absence of the complainant. In this connection, on the report of
LW.1/K.Sugunamma, LW.10/M.Ravi Nayak, SI of Police, Pellakur PS, I/c.Naidupet PS registered the same as a case in Crime No.365/2017 under Sections.457, 380 IPC and investigated into.
b)During the course of investigation, Lw.10/M.Ravi Nayak, SI of Police,
Pellakur PS examined the witnesses, recorded their statements, visited the scene of offence, 2 drafted the scene observation report, and prepared the rough sketch of the scene of offence. During the course of investigation, LW.10/M.Ravi Nayak, SI of Police, Pellakur PS
I/C.Naidupet PS on 26122017 at 900 hours arrested the accused at Gandhimandiram
Centre, Naidupet town in the presence of the mediators Lws.7 and 8/R.Masthanaiah and
T.Srinivasulu and recovered stolen property 1)Plain gold chain 2)Plain gold ear studs1 pair, 3)Plain gold ring1, total worth Rs.80,000/ under a cover of mediatornama and sent them for remand. On 27122017 LW.1 identified her property in the presence of mediators Lws.6 and 7/G.Venkata Subbaiah and R.Masthanaiah. After completion of the investigation, LW.10/M.Ravi Naik, SI of Police, Pellakur PS, I/c.Naidupet PS filed charge sheet against the accused for the offence under Sections.457, 380 of IPC. Hence, the
Charge.
3). The case was taken on file for the offence punishable under Sections.457, 380 or 411 of IPC against the accused.
4)After appearance of accused, case copies were supplied to him as required under
Sec.207 Cr.P.C., and thereafter he was examined under Sec.239 Cr.P.C., during which he denied the offence. Hence, charges for the offence under Sections.457, 380 or 411 of IPC were framed and the same was read over and explained to accused in Telugu, for which he pleaded not guilty and claimed to be tried.
5).The prosecution listed 10 witnesses, but examined PWs.1 to 3 and got marked
Exs.P1 to P6 and Mos.1 to 3. LW2/Kalahasthi Maheswari is examined as PW1.
LW8/Talluru Srinivasulu is examined as PW.2. LW.10/M.Ravi Nayak, Investigating Officer is examined as PW3. Ex.P1 is the Report given by LW.1/K.Sugunamma to the police, dated.20092017. Ex.P2 is the Mahazaranama, dt.26122017. Ex.P3 is the FIR in Crime
No.365/2017 of Naidupet Police Station, dated.20092017. Ex.P4 is the Rough Sketch in
Crime No.365/2017 of Naidupet Police Station. Ex.P5 is the Scene Observation Report, dt.20092017. Ex.P6 is the Identification Mahazaranama, dt.27122017. MO.1 is the
Gold Chains 2. Mo.2 is the One Pair of Ear Studs. MO.3 is the One gold Plain ring. The evidence of Lws.1, 3 to 7 and 9/K.Sugunamma, P.Subba Rao, G.Subramanyam, E.Jaya
Kumari, G.Venkata Subbaiah, R.Masthanaiah and Satti Polaiah was given up by the learned
Asst. Public Prosecutor.
6)After closure of entire Prosecution evidence the accused was examined under
Sec.313 Cr.P.C., and explained the incriminating evidence appearing against him in
Telugu, for which the accused denied the evidence of prosecution witnesses. The accused has not chosen to examine any defense witnesses and no documents were marked on his behalf.
7)Heard both side arguments.
8)Now the points for determination are : –
Whether the accused committed theft of gold ornaments of 1. LW.1/K.Sugunamma by lurking in to the house of LW.1, trespassed 3 by breaking the locks of the main door in order to commit theft from the house of LW.1?
Whether the accused committed theft of gold ornaments from the 2. house of LW.1/K.Sugunamma, Pellakur Mandal, which are used for custody of the property?
Whether the Mos.1 to 3 were recovered from the possession of the 3. accused which is dishonestly receives or retains as stolen property?
Whether the prosecution has established the guilt against the accused 4. for the offence under Section.457, 380 or 411 of IPC beyond all reasonable doubt ?
9)For the reasons to be recorded hereinafter, my finding is as under:
F I N D I N G
Point Nos.1 and 2 NO Point No.3 NO Point No.4 NO
FINAL ORDER:Accused is ACQUITTED as per operative part of the Judgment.
REASONS IN SUPPORT OF MY FINDING
POINTS 1 AND 2 :
1. Whether the accused committed theft of gold ornaments of LW.1/K.Sugunamma by lurking in to the house of LW.1, trespassed by breaking the locks of the main door in order to commit theft from the house of LW.1?
2. Whether the accused committed theft of gold ornaments from the house of LW.1/K.Sugunamma, Pellakur Mandal, which are used for custody of the property?
10)These two points are so intrinsically interrelated with each other and required common appreciation to facts and application of mind. Therefore, these two points are taken together for adjudication and determination.
11)The prosecution alleged that on 19/20092017 the accused gained entrance into the house of LW.1/K.Sugunamma by broke open the lock of the door, opened the bearuva with its keays available on it and committed theft of gold ornaments wg. about 5 sovereigns and cash of Rs.15,000/ and decamped with the booty while the temporary absence of the complainant and on 26122017 PW.3 arrested that accused and recovered the stolen property under a cover of a mediatornama. .
12)In order to bring home the guilt of the accused for the offence under Sections.457, 380 or 411 of IPC, the prosecution has to prove that the accused has committed theft of case property by lurking house trespass in night and also recovery of case property from the accused.
13)In support of its case, the prosecution has examined PWs.1 to 3 and got marked
Exs.P1 to P6 and MOs.1 to 3. PW.1 is the defacto complainant. PW.2 is the mediators at the time of arrest and seizure mahazaranama. PW.3 is the investigating officer 4
14)PW.1/K.Maheswari, who is the daughter of LW.1/K.Sugunamma deposed that on 19092017 her mother LW.1 closed the doors and locked her house and came to PW.1’s house to have dinner and sleep and on the next day morning the neighbours of LW.1 informed that the house of LW.1’s house doors were opened and immediately PW.1 and
LWs.1 to 7 rushed to the spot and found the main doors were broken open and the things in the house were scattered in the room and they found the gold ornaments and cash was missing, and then they went to the police statin and lodged Ex.P1 report.
15)Pw.2 who is the panch witness for the arrest of the accused and seizure of the case property and VRO of Naidupet deposed that on 26122017 at 630 am the police enquired the accused in his presence at Gandhi Mandir, Naidupet and on that the accused confessed that he committed theft of gold and silver articles and cash in a house and the police prepared the mediatornama and obtained his signature. In the cross examination he admitted that the police seized number of articles from the possession of the accused, but he cannot say the list of articles.
16)Pw.3 investigating officer deposed in his evidence that about registering of case, examination of witnesses and recording of their statements, visiting of scene of offence, and preparation of rough sketch. He further deposed that on 26122017 he got credible information about accused who involved in this case, then he immediately rushed to the
Gandhi Mandira, Naidupet along with mediators, where he noticed two persons trying to skulk away on seeing them and on suspicion, with the help of his staff he caught hold the accused and on enquiry the accused revealed his name and on further enquiry the accused confessed that he and another person are the habitual offenders and further confessed that he committed theft in LW.1’s house in the presence of mediators and he seized the case property from the possession of the accused.
17)Having gone through the entire evidence of Pws.1 to 3, PW.2, the VRO deposed that he acted as a mediator and in his presence PW.3 prepared the mediatornama and further deposed that the accused confessed about the commitment of theft in his presence. But his evidence is silent about that the accused confessed about the theft that he committed in the
PW.1’s house. Further PW.2 deposed that some of the articles were seized from the possession of the accused, but he cannot say the said articles list and further admitted that number of articles were seized from the possession of the accused and also cash, but he cannot say what are the articles that are seized from the accused and whether the property that was thefted in PW.1’s house was seized. It is also admitted by Pws.2 and 3 that PW.3 arrested the accused in the centre of Gandhi Mandir, Naidupet. From the evidence of
Pws.2 and 3 it revealed that the accused was arrested in the busy locality.
18)On going to the evidence of PW.2 does not reveals that PW.3 seized the case property from the possession of the accused. Further the prosecution failed to examine any independent witness at the scene of arrest .
19)Having gone through the entire evidence of Pws.1 to 3, it can be said that no evidence is there to believe that the accused has committed theft of Mos.1 to 3 from the 5 house of PW.1. PW.2 is the only mediator to the arrest and seizure mediatornama. PW.3 is the Investigating officer, but there is no eye witness to speak that the accused was committed theft of MOS.1 to 3 in the house of PW.1. In this case, the prosecuting mainly relied upon the confession statement of the accused to prove the theft of Mos.1 to 3 which is inadmissible in evidence as per Sections.25 to 27 of Indian Evidence Act.
20) Therefore, for the reasons discussed supra, it can be safely concluded that the prosecution has failed to bring home guilt of the accused for the offence under
Sections.454 and 380 of IPC beyond all reasonable doubt. Accordingly, the point Nos.1 and 2 are answered in favour of accused and against the prosecution.
POINT NO.3 :
3. Whether the Mos.1 to 3 were recovered from the possession of the accused which is dishonestly receives or retains as stolen property?
21)The prosecution alleged that on 26122017 PW.3 arrested the accused in the presence of the mediator Pw.2 in Crime No.365/2017 and seized Mos.1 to 3 under a cover of mediatornama/Ex.P2 from the possession of the accused. The accused confessed before the PW.3 that he thefted the case property in Naidupet, Venkatagiri and Pellakur jurisdictions in the absence of inmates. PW.3 seized the case property ie., MOS.1 to 3 in respect of the present case and seized so many stolen properties including cash in some other crime numbers under a cover of mediatornama.
22)At the time of arguments, the learned APP filed written arguments and argued that when the evidence adduced by the prosecution is not sufficient to prove the offence under
Sections.454, 380 of IPC of the accused, but the accused can be punished for the offence punishable under Section.411 of IPC as the seizure of property is clearly proved.
23)In order to bring home guilt of the accused for the offence under Sec.411 of IPC, the prosecution has to prove that the accused had dishonestly received or retained the stolen property knowing or having reasons to believe that the property to be stolen property.
Now as per the evidence of PW.3/Investigating officer, he seized Mos.1 to 3 from the possession of the accused in the presence of PW.2. At this juncture it is pertinent to have glance of Sec.114 illustration (a) of Indian Evidence Act.
Sec.114 of Indian Evidence Act: Court may presume existence of certain facts —The
Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Illustration(a): The Court may presume —
That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;
Therefore, as per the illustration (a) of Sec.114 of Indian Evidence Act, if a stolen property is found in possession of a person soon after the theft and if he fails to account for 6 his possession, the Court may presume that the said person is a thief or receiver of stolen property.
Therefore, the prosecution has to prove that some property was seized from the possession of the accused and the property was nothing but the stolen property.
24)Now in the present case in hand, as per the evidence of Pws.1 to 3, no doubt some gold articles and cash ie., Mos.1 to 3 were stolen by some unknown offenders from the house of PW.1 on 19/20092017. But to fulfill the ingredients of Section.411 of IPC,
Illustration(a) of Section.114 of Indian Evidence Act, the prosecution has to prove that the accused must be in possession of the stolen property soon after the theft or receiver of the stolen property. Now in the instant case, the prosecution examined only PW.2 is acted as mediator, but PW.2 did not depose anything about that the accused stolen the case property from PW.1’s house or the case property was seized from the possession of the accused soon after the theft. All these facts revealed that the case property ie., MOS.1 to 3 are not seized from the possession of the accused soon after the theft from the house of
PW.1. Under these circumstances, the accused cannot be punished for the offence under
Sec.411 of IPC. Accordingly, Point No.3 is answered in favour of the accused and against the prosecution.
POINT NO.4:
25).In the result, the accused is found not guilty for the offence under Sections.457, 380 or 411 of IPC. Accordingly, the accused is acquitted under Section.248(1) Cr.P.C for the offence Under Sections.457, 380 or 411 of IPC. The Superintendent, Central Prison,
Nellore is hereby directed to release the accused in this case forthwith, if his presence is not required in any other cases. The case property ie., Mos.1 to 3, which was already returned to PW.1 for interim custody shall made absolute after expiry of appeal time.
Typed to my dictation by the Stenographer Grade III, corrected and pronounced by me in the open court, this the 25th day of April, 2018.
Sd/ K.Jayalakshmi (FAC) Judicial Magistrate of I Class Naidupet
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For prosecution: For Defence: PW1: K.Maheswari NONE PW2: T.Srinivasulu PW3: M.Ravi Nayak, Investigating Officer
DOCUMENTS EXHIBITED FOR PROSECUTION
Ex.P1 : Report given by LW.1/K.Sugunamma to the police, dated.20092017. Ex.P2 : Mahazaranama, dt.26122017. Ex.P3 : FIR in Crime No.365/2017 of Naidupet Police Station, dated.20092017. Ex.P4 : Rough Sketch in Crime No.365/2017 of Naidupet Police Station. Ex.P5 : Scene Observation Report, dt.20092017. Ex.P6 : Identification Mahazaranama, dt.27122017.
DOCUMENTS EXHIBITED FOR DEFENCE :
NILL.
7
MATERIAL OBJECTS
MO.1 : Gold Chains 2. MO.2 : One Pair of Ear Studs. MO.3 : One gold Plain ring.
Sd/ K.Jayalkshmi (FAC) Judicial Magistrate of I Class Naidupet
1
IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS :: NAIDUPETA.
Present:: Smt.K.Jayalakshmi, Prl. Junior Civil Judge, Gudur. (FAC) Judicial Magistrate of I Class : Naidupet
Friday, this the 27th day of April, 2018.
CALENDAR CASE NO.358 of 2017
1.Name of the complainant:State: Rep. by the SubInspector of Police, Pellakur Police Station.
2.Name of the Accused::Chigurupati Parasuram, S/o.Pullaiah, aged 31 years, SC Madiga by Caste, Gnanammakandriga Village, Thottambedu Mandal, Chittoor District.
3. Section of Law:Offence Under Sections.454, 380 r/w.511 of Indian Penal Code. 4.Plea of the accused :NOT GUILTY.
5. Finding of the court:NOT GUILTY.
6. Sentence or order:In the result, the accused is found not guilty for the offence under Sections.454, 380 r/w.511 of IPC and he is acquitted under Section.248(1) Cr.P.C. for the offence under Sections.454, 380 r/w.511 of IPC.
This Calendar Case coming on for hearing before me on 25042018 in the presence of Asst Public Prosecutor, Naidupeta for the State, and of Sri.B.Suresh, Advocate for the accused, and upon consideration of the material on record, and the matter having stood over till this day for consideration, and this court delivered the following:
J U D G M E N T
1)The SubInspector of Police, Pellakur Police Station, filed charge sheet against the accused alleging that they committed the offence punishable under Sections.454, 380 r/w.511 of Indian Penal Code.
2)The material allegations stemming from the report and the material available on record is :
a)On 11122017 between 700 hours and 1600 hours some unknown offender/s gained entrance into the house of LW.1/Degala Yellaiah by breaking the doors of the house and broke opened the bearuva and attempted to commit theft of gold and silver ornaments, but no articles were found. In this connection, on the report of
LW.1/D.Yellaiah. LW6/B.Srinivasulu, Head Constable, Pellakur PS registered the same as a case in Crime No.223/2017 under Sections.454, 380 IPC and investigated into.
b)During the course of investigation, Lw.6/B.Srinivasulu, Head Constable,
Pellakur PS examined the witnesses, recorded their statements, visited the scene of offence and prepared the rough sketch of the scene of offence. During the course of investigation,
LW.7/M.Ravi Nayak, SI of Police, Naidupet PS on 23122017 at 1630 hours arrested the accused in front of his house at Gnanammakandriga Village, Thottambedu Mandal, Chittor
District in Crime No.368/2017 in the presence of the mediators Lws.4 and 5/Alladi 2
Seshagiri and Allakula Srinivasulu and recorded the confessional statement of the accused and the accused confessed that he attempted to commit theft by broke opened the lock of the house of LW.1, but no gold or silver ornaments were found and sent him for remand.
On 27122017 the accused was produced before the Hon’ble Court on PT Warrant. After completion of the investigation, LW.8/T.Venkata Ramana, SI of Police, Pellakur PS filed charge sheet against the accused for the offence under Sections.454, 380 r/w.511 of IPC.
Hence, the Charge.
3). The case was taken on file for the offence punishable under Sections.454, 380 r/w.511 of IPC against the accused.
4)After appearance of accused, case copies were supplied to him as required under
Sec.207 Cr.P.C., and thereafter he was examined under Sec.239 Cr.P.C., during which he denied the offence. Hence, charges for the offence under Sections.454, 380 r/w.511 of IPC were framed and the same was read over and explained to accused in Telugu, for which he pleaded not guilty and claimed to be tried.
5).The prosecution listed 8 witnesses, but examined PWs.1 to 5 and got marked Exs.P1 to P4. LW1/Degala Yellaiah is examined as PW1. LW4/Alladi Seshagiri Rao is examined as
PW.2. LW.6/B.Srinivasulu, Head Constable is examined as PW.3. LW.7/M.Ravi Naik,
Investigating officer is examined as PW4. LW8/T.Venkata Ramana, Investigating Officer is examined as PW.5. Ex.P1 is the Report of PW.1 given to the police, dt.11122017. Ex.P2 is the Arrest and Seizure Mahazaranama, dt.23122017. Ex.P3 is the FIR in Crime
NO.223/2017 of Pellakur PS, dt.11122017. Ex.P4 is the Rough Sketch in Crime
No.223/2017 of Pellakur PS. The evidence of Lws.2, 3 and 8/D.Yellamma, D.Nagaraju and
A.Srinivasulu was given up by the learned Asst. Public Prosecutor.
6)After closure of entire Prosecution evidence the accused was examined under
Sec.313 Cr.P.C., and explained the incriminating evidence appearing against him in
Telugu, for which the accused denied the evidence of prosecution witnesses. The accused has not chosen to examine any defense witnesses and no documents were marked on his behalf.
7)Heard both side arguments.
8)Now the points for determination are : –
Whether the accused attempted to commit theft of gold ornaments 1. and cash by lurking into the house of PW.1 and trespassed by breaking the locks of the main door and broke open the bearuva in order to commit theft from the house of PW.1?
Whether the accused attempted to commit theft of gold articles and 2. cash from the house of PW.1, which are used for custody of the property?
Whether the prosecution has established the guilt against the accused 3. for the offence under Section.454, 380 r/w.511 of IPC beyond all reasonable doubt ?
9)For the reasons to be recorded hereinafter, my finding is as under:
3
F I N D I N G
Point Nos.1 and 2 NO Point No.3 NO
FINAL ORDER:Accused is ACQUITTED as per operative part of the Judgment.
REASONS IN SUPPORT OF MY FINDING
POINTS 1 and 2:
Whether the accused attempted to commit theft of gold ornaments 1. and cash by lurking into the house of PW.1 and trespassed by breaking the locks of the main door and broke open the bearuva in order to commit theft from the house of PW.1?
Whether the accused attempted to commit theft of gold articles and 2. cash from the house of PW.1, which are used for custody of the property?
10)These two points are so intrinsically interrelated with each other and required common appreciation to facts and application of mind. Therefore, these two points are taken together for adjudication and determination.
11)The prosecution alleged that on 11122017 between 700 hours and 1600 hours some unknown offender/s gained entrance into the house of LW.1/Degala Yellaiah by breaking the doors of the house and broke opened the bearuva and attempted to commit theft of gold and silver ornaments, but no articles were found. On 23122017 at 1630 hours PW.4 arrested the accused in the presence of the mediators Pw.2 and LW.8 and seized some property in other cases, but no property was seized in this case from the possession of the accused.
12)In order to bring home the guilt of the accused for the offence under Sections.454, 380 r/w.511 of IPC, the prosecution has to prove that the accused have committed theft of case property by lurking house trespass or house breaking in the house of PW.1.
13)In support of its case, the prosecution has examined PWs.1 to 5 and got marked
Exs.P1 to P4. PW.1 is the defacto complainant. PW.2 is the mediator at the time of arrest and seizure mahazaranama. PWs.3 to 5 are the investigating officers.
14)PW.1 deposed in her evidence she deposed that in the year 2017 in the month of
December, some unknown offenders attempted to commit theft from her house by broke open almairah . Immediately she lodged a report in the police station.
15)Pw.2 who is the panch witnesses for the arrest of the accused and seizure of the case property and VRO of Puduru Village deposed that on 23122017 at 1200 noon the police enquired the accused in his presence at Gyanamma Kandriga Village, Thottambedu Village,
Srikalahasthi, Chittoor District and on that the accused confessed that he committed theft of gold and silver articles and cash in 5 houses, ie., 3 houses are situated at
Modugulapalem Village and one house is situated at Chinthapudi village and one house is
Kothuru Village in Pellakur Mandal. The police prepared the mediatornama and obtained his signature. In the cross examination he admitted that the police seized number of 4 articles from the possession of the accused, but he cannot say the list of articles. Further admitted that the cash was seized from the possession of the accused, but he did not remember the denomination.
16)Pw.3 deposed in formal lines about registering of case, examination of witnesses and recording of their statements, visiting of scene of offence and preparation of rough sketch.
17) PW.4/M.Ravi Nayak, investigating officer deposed in his evidence that on 23122017 he got credible information about accused who involved in this case, then he immediately rushed to the Gyanamma Kandriga village, where he noticed two persons trying to skulk away on seeing them and on suspicion, with the help of his staff he caught hold the accused and on enquiry the accused revealed his name and on further enquiry the accused confessed that he and S.Munisekhar are the habitual offenders and further confessed that he attempted to commit theft in PW.1’s house situated in Pellakur Village in the presence of mediators and he seized the property from the possession of the accused in some other crimes.
18)Having gone through the entire evidence of Pws.1 to 5, PW.2, the VRO deposed that he acted as a mediator and in his presence PW.4 prepared the mediatornama and further deposed that the accused confessed about the commitment of theft in his presence. But his evidence is silent about that the accused confessed about the attempt of theft that he committed in the PW.1’s house. Further PW.2 deposed that some of the articles were seized from the possession of the accused, but he cannot say the said articles list and further admitted that number of articles were seized from the possession of the accused and also cash, but he cannot say what are the articles that are seized from the accused and whether the property that was thefted in PW.1’s house was seized. Further PW.2 admitted that he cannot say the amount of cash that was seized and denomination of the cash. It is also admitted by Pws.2 and 4 that PW.4 arrested the accused in the centre of Gyanamma
Kandriga Village. From the evidence of Pws.2 and 4 it revealed that the accused was arrested in the busy locality.
19)On going to the evidence of PW.2 does not reveals that PW.4 seized the case property from the possession of the accused. Further the prosecution failed to examine any independent witness at the scene of arrest .
20)Having gone through the entire evidence of Pws.1 to 5, it can be said that no evidence is there to believe that the accused has attempted to commit theft from the house of PW.1. PW.2 is the only mediator to the arrest and seizure mediatornama. PW.4 is the
Investigating officer, but there is no eye witness to speak that the accused was committed theft of any articles in the house of PW.1. In this case, the prosecuting mainly relied upon the confession statement of the accused to prove the theft of any articles which is inadmissible in evidence as per Sections.25 to 27 of Indian Evidence Act.
21) Therefore, for the reasons discussed supra, it can be safely concluded that the prosecution has failed to bring home guilt of the accused for the offence under
Sections.454 and 380 r/w.511 of IPC beyond all reasonable doubt.
5
POINT NO.3:
22).In the result, the accused is found not guilty for the offence under Sections.454, 380 r/w.511 of IPC. Accordingly, the accused is acquitted under Section.248(1) Cr.P.C for the offence Under Sections.454, 380 r/w.511 of IPC. The Superintendent, Central Prison,
Nellore is hereby directed to release the accused in this case forthwith, if his presence is not required in any other cases. As there is no property was produced in this case, no property order is passed.
Typed to my dictation by the Stenographer Grade III, corrected and pronounced by me in the open court, this the 27th day of April, 2018.
Sd/ K.Jayalakshmi (FAC) Judicial Magistrate of I Class Naidupet
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For prosecution: For Defence: PW1: D.Yellaiah NONE PW2: A.Seshagiri Rao PW3: B.Srinivasulu, Head constable PW4: M.Ravi Nayak, Investigating Officer PW5:T.Venkata Ramana, Investigating Officer
DOCUMENTS EXHIBITED FOR PROSECUTION
Ex.P1 : Report of PW.1 given to the police, dt.11122017. Ex.P2 : Arrest and Seizure Mahazaranama, dt.23122017. Ex.P3 : FIR in Crime NO.223/2017 of Pellakur PS, dt.11122017. Ex.P4 : Rough Sketch in Crime No.223/2017 of Pellakur PS.
DOCUMENTS EXHIBITED FOR DEFENCE :
NILL.
MATERIAL OBJECTS
-NILL. -
Sd/- K.Jayalakshmi
(FAC) Judicial Magistrate of I Class Naidupet
Order Record 16 total
| Case No. | Parties | Date | Type | Outcome |
|---|---|---|---|---|
| CC/8/2018 | AP State SHO Pellakur PS vs Chigurupati parusuram | 27 Apr 2018 | Judgement | Acquitted |
| CC/9/2018 | AP State SHO pellakur vs Vschigurupati parusuram | 27 Apr 2018 | Judgement | Acquitted |
| CC/15/2018 | AP State, SHO Naidupeta PS vs Guvvala Sueresh Babu | 27 Apr 2018 | Judgement | Acquitted |
| CC/354/2017 | AP StateSHO pellakur vs Vspatan salar khan and 2 others | 27 Apr 2018 | Judgement | Acquitted |
| CC/358/2017 | AP State SHO Pellakur vs Vschigurupati parusuram | 27 Apr 2018 | Judgement | Acquitted |
| CC/363/2017 | AP State SHO naidupeta vs Guvvala suresh babu and 1 another | 27 Apr 2018 | Judgement | — |
| CC/350/2017 | AP State SHO pellakur vs Vspatan salar khan | 25 Apr 2018 | Judgement | — |
| CC/900/2015 | SHO Ozili PS vs Pakanati Krishnaiah | 25 Apr 2018 | Judgement | — |
| CC/346/2017 | AP State SHo pellakur vs Patan salar khan | 20 Apr 2018 | Judgement | — |
| CC/1048/2015 | AP State vs Vspoluru venkata seshaiah | 18 Apr 2018 | Judgement | — |
| CC/345/2017 | AP State SHO Pellakur vs Patan salar khan | 04 Apr 2018 | Judgement | — |
| CC/347/2017 | AP State SHo Pellakur vs Vspatan salar khan | 04 Apr 2018 | Judgement | — |
| CC/352/2017 | AP State SHo Pellakur vs Vspatan salar khan and 1 other | 04 Apr 2018 | Judgement | — |
| CC/353/2017 | AP State SHO pellakur vs Vspatan salar khan | 04 Apr 2018 | Judgement | — |
| CC/395/2015 | SHO Naidupeta PS vs Shaik Nazeer | 04 Apr 2018 | Judgement | — |
| CC/37/2015 | SHO NAIDUPET vs N RAMESHKUMAR | 31 Mar 2018 | Judgement | — |
Frequently Asked Questions
How many cases has Smt K.Jayalakshmi handled?
Smt K.Jayalakshmi has handled 16 court orders since 2018 at JCJ Naidupeta. The average disposal rate is 10 orders per month.
What types of cases does Smt K.Jayalakshmi hear?
Based on available records, Smt K.Jayalakshmi primarily handles Criminal matters (Criminal Cases) at JCJ Naidupeta.
Where is Smt K.Jayalakshmi currently posted?
Smt K.Jayalakshmi is posted as Junior Civil Judge at JCJ Naidupeta, Nellore, Andhra Pradesh.
Are judgments by Smt K.Jayalakshmi available online?
Yes. 5 judgments by Smt K.Jayalakshmi are available on Legistro with full text, outcome, and sections cited.
How fast does Smt K.Jayalakshmi dispose cases?
Smt K.Jayalakshmi disposes approximately 10 cases per month, based on 16 orders handled over their tenure at JCJ Naidupeta.
Since when is Smt K.Jayalakshmi serving?
Smt K.Jayalakshmi has been serving at JCJ Naidupeta since 2018.
Case Types
Posting History
-
Mar 2018 — May 2018Junior Civil Judge · 16 orders
Outcomes on Record
Other Judges at this Court