1 of 13 C.C.No. 1 of 2020
IN THE COURT OF THE CHIEF JUDL. MAGISTRATE –CUM ASSISTANT
SESSIONS JUDGE:: AT :: KARIMNAGAR
PRESENT: Sri K.PRASAD, Chief Judl. Magistrate –cum Assistant Sessions Judge Karimnagar.
FRIDAY, the 27th day of MAY, 2022.
CALENDER CASE NO. 1 OF 2020
Between:
The State through CI of Police, Korutla (Cr.No. 171 of 2018 of PS Korutla)
...Complainant
AND
Basa Raja Gangaram, s/o Rajalingam, 47yrs, Padmashali, R/o H.No. 14 223, Govindagiri Nagar of Korutla of Jagtial Dist.
…Accused
This case is coming before me on 23.05.2022 for final hearing in the presence of Addl. Public Prosecutor for State and Sri E.Madhusudan Rao, Advocate for the accused, having been heard and having stood over for consideration till this day the court delivered the following:
:: J U D G M E N T ::
The Circle Inspector of Police P.S. Korutla has filed charge sheet against the accused in Crime No. 171/2018 for the offence punishable under Sections 420, 406 of IPC, Sec. 4 &6 of Prize & chits and Money circulation Scheme (Banning) Act, 1978.
2) The brief facts of the prosecution case are that, on 1182018 at 1530 hours, Lw.25/M.Ravi Kumar, SI of Police along with Lw.1/Naresh Rao and
Lw.2/Veeraiah, Police Constables were raided one office of Kamalapirya
Hire purchase & Finance at Guntuka Complex, Jhansiroad of Korutla, who was running illegal chits & finance without having any valid registration and giving loans on high interests, collecting huge amount from the innocent people on the name of finance. On that, Lw.25 obtained search 2 of 13 C.C.No. 1 of 2020 proceedings from the SDPO, Jagtial and secured the presence of two mediators Lw.21/G.Satyanarayana and Lw.22/Md.Raheem and also secured the driver of accused namely Billa Mohan/Lw.3 and enquired him.
On enquiry, Lw.3 revealed that the accused is running the finance company on the name of Kamalapriya Hire purchase & Finance since few years and he used to attend the office and after verifying the records, he left from the office. Accordingly, the driver showed 25promissory notes of finance receivers, two empty cheques of A/c. No. 10486399460, cheque
Nos. 477945, 477960 and having signatures of Gajam Raj Kumar, one empty promissory note book,. containing 20 papers, two advance signed empty promissory notes, empty white papers pasted with revenue stamps, one register having credits and debits details of finance, two monthly routine chit fund small paper bundles (34 lakhs chits), 39revenue stamps each worth Rs.100 paisa. Immediately, the SI of Police seized the same in sealed covers before the panchas Later, observed the scene and drafted crime details form in the presence of same mediators. Thereafter, brought the seized property to the police station and issued FIR in Cr.No.
171/2018, U/s. 420, 406 of IPC, Sec. 4&6 of of Prize, Chits & Money
Circulation Schemes (Banning) Act, 1978 and handed over the CD file to
Lw.26/CI of Police for further investigation.
During the course of further investigation, Lw.26/K.Sathish chander
Rao took up the investigation from Lw.25, verified the same, found it on proper lines and secured the Lws. 2, 3 & 25 (V.Veeraiah/PC, B.Mohan and M.Ravi Kumar) examined and recorded their statements.
While the efforts are in progress, on 1382018, Lw.26 on reliable information rushed to the house of accused at Govindagirinagar of Korutla and took the custody of accused and when the accused was in a mood to confess the offence, Lw.26 secured the presence of Lw.23 & 24 ( A.Murali 3 of 13 C.C.No. 1 of 2020 & B.Shankaraiah) and interrogated the accused. On interrogation, the accused confessed that he is running Kamalapriya chit fund & Finance since long time at Korutla and in order to earn more money from innocent people, he used to give finance on more interest to needy people and earn more money from them by obtaining advance signatures on empty promissory notes and executing sale deed from the receives and when they did not pay the money in time, he dishonestly collects more interest and also collect their property documents. Later, Lw.26 seized the property from the possession of accused and also seized an amount of
Rs.5,85,320/ which was used in finance and prepared confession and recovery panchanama. Thereafter, brought the accused to police station, affected his arrest and after completion of arrest formalities, produced him
before the court for judicial remand. As per orders of Hon'ble court, Lw.26
served 41A Cr.P.C. notice against the accused with a directing to produce sufficient sureties, but the accused failed to produce sureties, then, on 1482018, Lw.26 arrested him and as per the orders of Hon'ble court,
Lw.26 took the accused into police custody for a period of two days from 2282018 to 2482018 for further investigation. The Lw.26 secured the presence of mediators Lw.23&24 and interrogated the accused. On interrogation, the accused voluntarily confessed to have committed the offence, then, Lw.26 recorded his confession statement. During the investigation, Lw.26 secured the presence of Lw.4 to 20 (K.Venkatesh,
G.Mahesh,V.Chandramohan,T.Satyanarayana,Ch.Ramesh,
V.Chandrashekhar, E.Usha Kiran, B.Sanjeev, D.Anand, G.Suresh,
M.Anjaneyulu, Ch.Dharmender, L.Rathnakar, M.Ranjith, S.Satyanand,
B.Deepak and L.Arun) examined and recorded their statements. After completion of investigation, Lw.26 filed charge sheet against the accused.
4 of 13 C.C.No. 1 of 2020
3) This case was taken on file by taking the cognizance for the offence punishable under U/s. 420,406 of IPC, section 4 &6 of Prize Chits and
Money circulation schemes (Banning) Act, 1978 and on appearance of the accused, case documents were furnished to him as contemplated under
Section 207 Cr.P.C.,
4)On appearance of accused, on hearing the counsel for the accused and Additional P.P., and on considering the material on record, charge under Sections U/s 420,406 of IPC and section 4 &6 of Prize Chits and
Money circulation schemes (Banning) Act, 1978 have been framed, read over and explained to him for which, he pleaded not guilty and claimed to be tried.
5)In order to prove its case, the prosecution has examined Pws.1 to
Pw.20, Exs. P1 to P22 (due to oversight Ex.P10 was not marked) and M.Os.
1 to 10 are marked.
6) After closure of prosecution evidence, the accused was examined U/s 313 Cr.P.C., by explaining the incriminating material available in prosecution evidence, for which, he denied and reported no defence evidence.
7) Heard both sides.
8) Now the point for determination is:
W hether the prosecution has established the guilt of the accused for
the offences punishable U/s. 420,406 of IPC, and Sec. 4&6 of Prize chits &
Money Circulation (Banned) Act, beyond all reasonable doubt?
POINT:
9) In order to prove the guilt of the accused, prosecution got examined
Pws 1 to 20. Pw.1/N.Naresh Rao, Police Constable, who assisted the 5 of 13 C.C.No. 1 of 2020 investigating officer, Pw.2/B.Mohan, driver of accused, Pw.3/K.Venkatesh,
Pw.4/ G.Mahesh, Pw.5/V.Chandra Mohan, Pw.6/T.Satyanarayana, Pw.7/
Ch.Ramesh, Pw.8/V.Chandrashekhar, Pw.9/E.UshaKiran, Pw.10/
B.Sanjeev, Pw.11/Sripuram Satyanand, Pw.12/B.Deepak, Pw.13/ L.Arun,
Pw.15/M.Anjaneyulu, Pw.16/L.Rathnakar, Pw.18/ M.Anjaneyulu are the victims as well as subscribers of chit run by accused, Pw.14/Md.Raheem is the panch witness for seizure panchanama and Crime details form,
Pw.17/A.Murali is panch witnesses for confession and recovery panchanama, Pw.19/M.Ravi Kumar and Pw.20/K.Sathish Chander Rao are investigating officers.
10)The charge against the accused is that, he cheated the innocent public i.e., Pws. 2 to 8 by running a prize chit without having license.
11)Sec.420 of IPC reads as follows:
"Whoever cheats and thereby dishonestly induces the person
deceived to deliver any property to any person, or to make,
alter or destroy the whole or any part of a valuable security,
or anything which is signed or sealed, and which is capable of
being converted into a valuable security, shall be punished
with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine".
12)Sec.406 of IPC reads as follows:
406. Punishment for criminal breach of trust— Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
13)Sec.4 of Prize chits and Money circulation Scheme (Banning Act), 1978 reads as follows:
Sec.4: Penalty for contravening the provisions of Sec.3 of the Act:
"Whoever contravenes the provisions of Sec. 3 (No person
shall promote or conduct any prize chit or money circulation
scheme, or enroll as a member to any such chit or scheme, or
participate in it otherwise, or receive or remit any money in
6 of 13 C.C.No. 1 of 2020
pursuance of such chit or scheme) shall be punishable with
imprisonment for a term which may extend to three years, or
with fine which may extend to five thousand rupees, or with
both."
14)Sec.6 of Prize chits and Money circulation Scheme (Banning Act), 1978 reads as follows:
Offences by companies:
"Where an offence under this Act has been committed by
a company, every person who, at the time the offence was committed,
was in charge of and was responsible to, the company for the conduct
of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
15)Pw.1/N.Naresh, Police Constable, who assisted Pw.19 deposed that on 1182018 himself and Lw.2 were on duty, Pw.19 obtained permission from DSP for search and they conducted raid at Kamalapriya Hire purchase and Finance situated in Guntuka Complex, Jhansi road,
Korutla, at that time, Pw.2 was present in the said shop. Pw.19 secured
Lw.21/Satyanarayana and Pw.14 as mediators and on enquiry, Pw.2 informed that he was driver of accused and the accused left the shop just now with documents and amount by informing him to wait at the shop, accordingly, he was present. Pw.2 further stated that the accused was running finance business and also doing chit fund business and used to obtain property documents as security. Then, they searched the shop of accused and found some property documents, written promissory note books, note books pertaining to the finance business and seized the same under a cover of panchanama in the presence of Lw.21 and Pw.14, brought them to police station.
During the cross examination, Pw.1 stated that on 1182018 from 1.00 pm onwards, he was at the police station and their duty timings mentioned in the General diary and he was informed by Pw.19 about raid 7 of 13 C.C.No. 1 of 2020 at about 3.30 p.m., and the scene of offence is less than one KM from their police station and at the time of proceeding to the scene of offence, they also secured Lw.21 and Pw.14 at their police station and along with them, they proceeded to the scene of offence, there are 5 or 6 shutters at
Guntuka Complex and out of said shutters, some of them were shops and to reach the said complex, there are two roads one from Jhansi road another from State High way and by the time they conducted raid, Pw.2 was present and the panchanama was drafted by Pw.19. He denied the suggestion that he never visited the scene of offence, Pw.2 did not take anything to them and no documents were seized and no panchanama was conducted in their presence.
16)Pw.2, who is cited as driver of accused and in whose presence Pw.14 raided the shop of accused did not support the case of prosecution . He deposed that he never worked as a driver under the accused and he do not know anything about the facts of the case and no property was seized in his presence. The learned PP requested the court to declare the witness as hostile and cross examined him with the permission of the court, regarding his Sec.161 Cr.P.C. statement, but he denied the same, which is Ex.P1.
17)Pw.3/K.Venkatesh, Pw.4/G.Mahesh, Pw.5/V.Chandra Mohan, Pw.6/
T.Satyanarayana, Pw.7/Ch.Ramesh, Pw.8/V.Chandrashekhar, Pw.9/
E.Usha Kiran, Pw.10/ B.Sanjeev, Pw.11/Sripuram Satyanand, Pw.12/
B.Deepak, Pw.13/ L.Arun, Pw.15/M.Anjaneyulu, Pw.16/L.Rathnakar and
Pw.18/ M.Anjaneyulu who are cited as victims, but they did not support the prosecution case. They categorically deposed that they do not know the accused and they do not know anything about the facts of this case.
The learned PP requested the court to declare the witnesses as hostile and 8 of 13 C.C.No. 1 of 2020 cross examined them with the permission of the court, regarding their
Sec.161 Cr.P.C. statements, but they denied the same, which are Ex.P2 to
Ex.P9, Ex.P11 to P13,Ex.P16, Ex.P17 & Ex.P19 respectively.
18)Pw.14/Md. Raheem, panch witness for crime details form deposed that police did not conduct seizure panchanama and nothing was seized in his presence. About more than 2 1/2 years back when he was proceeding on his Auto at Korutla, police called him to the police station and obtained his signatures on some written papers without disclosing any reasons. He identified his signatures on seizure panchanama and crime details form, which are marked as Ex.P14 and Ex.P15 respectively.
19)Pw.17/A.Murali, VRO deposed that on 1882018, he was in their office, then MRO, Korutla called him on phone and instructed to appear
before S.I. of Police, Korutla, then, he went to police station, there one
Basa Gangarajam i.e., accused also present and some promissory notes, patta papers and some net cash also in possession of police alleged to be seized from the accused, thereafter obtained hi signature on confession and recovery panchanama/Ex.P18.
In the crossexamination, Pw.17 stated that every day programme will be recorded in the Tour diary and he know the procedure how to conduct panchanama and after recording the panchanama, the signatures of panchas will be obtained in the last and the panchanama was written by Station writer and he do not know whether panchanama was signed by the police before their signatures and after panchanama, he never visited the police station, Korutla with this case. He further stated that at that time accused also was present in the police station and he put his signatures on panchanama some beside and some at last. He do not know 9 of 13 C.C.No. 1 of 2020 how much amount was seized under cover of panchanama and he had no idea what written in the panchanama and he can not say whether he mentioned in tour diary that he has attended office of CI of police, Korutla on 1882018. He denied the suggestion that police obtained his signatures on prepared document and he do not know anything mentioned in it.
20)Pw.19/M.Ravi Kumar, investigating officer deposed about his investigation i.e., on 1182018 at 1530 hours, on reliable information, he along with Pw.1 and Lw.2/Veeraiah, Police Constables raided on Kamala
Priya Chits and Finance at Guntuka Complex, Jhansi road of Korutla on the allegations that they are running illegal chits and finance without having valid registration and giving loans on higher rate of interest. Then, he secured the presence of Lw.21/Satyanarayana and Pw.14 and conducted search in the office, at that time one person by name Billa
Mohan i.e., Pw.2 was present in the office and on enquiry, he revealed that the finance company is run by accused and he is his driver and further showed 25promissory notes (M.O.1), 2empty cheques (M.O.2), empty promissory notes (M.O.3), 2 classmate books (M.O.4), loan application forms along with promissory notes worth Rs.4,15,000/ (M.O.5), empty hire purchase loan application books (M.O.6), one long book (M.O.7), small paper bundles (M.O.8) and 39revenue stamps (M.O.9) and seized the same under cover of panchanama. Later, drafted the crime details form in the presence of panchas and brought the seized property to the police station, registered a case in Cr.No. 171/2018 for the offence U/s., 420,406 of IPC and Sec. 4&6 of Prize chits, Money Circulation Banning Act and
Sec. 5 of AP protection of depositors of financial establishment Act and issued FIR vide Ex.P22, later handed over the CD file to Pw.20.
10 of 13 C.C.No. 1 of 2020
During the crossexamination, Pw.19 stated that after receiving the reliable information, he entered the same in General diary and the distance between police station, Korutla and Guntuka complex is 1/2 KM and while they reaching, shop of accused was kept pen and the driver present in the shop and he did not issue search memo to the driver and he took the panchas from the police station and obtained signatures of panchas on each page of panchanama and he did not made any mention about GD entry in Ex.P22/FIR and he did not obtain the signature of driver on seizure panchanama. He denied the suggestion that he prepared panchanama in the police station.
21)Pw.20 (K.Satish Chander Rao) CI of police deposed that he received
CD file from Pw.19, verified the same and found it on proper lines and took up further investigation. During his investigation, he apprehended the accused as he failed to comply the provisions of Sec.41A Cr.P.C and after completion of arrest formalities, accused was produced before JMFC,
Korutla for judicial remand, after that he filed a requisition before JMFC,
Korutla for police custody for further investigation and as per the orders, the accused was given in for police custody for a period of two days and during further investigation, accused voluntarily confessed to have committed the offence, then, he secured the presence of Pw.17 and Lw.24/
B.Shankaraiah and recorded the confession panchanama, later produced the accused before the court. On 1492018 the seized property an amount of Rs.5,85,320/ was deposited before the court. After completion of investigation, he filed charge sheet.
In the crossexamination, Pw.20 stated that Pw.19 conducted search and he deposited the case property seized by him into the court and he has not visited Guntuka complex and he has no idea that accused was 11 of 13 C.C.No. 1 of 2020 running Cement shop in that complex. He denied the suggestion that
Pw.19 seized the cash pertaining to that cement shop and the accused is no way concerned with the seized property and the accused is falsely implicated in this case.
22)As seen from the record, the prosecution examined the victims, who are subscribers of alleged chit run by accused i.e., Pw.3 to Pw.13, Pw.15,
Pw.16 and Pw.18 did not support the prosecution case. Further, the panch witness for confession &recovery panchanama/Pw.17, in whose presence
Pw.19 seized M.Os.1 to 10 stated in the chief examination that the police conducted panchanama in his presence and seized M.Os. 1 to 10, but in the cross examination, he stated that he has no idea what written in the panchanama and he do not know how much amount was seized under cover of panchanama. Therefore, his evidence is not helpful to connect the accused with the alleged offence and there is a doubt whether police seized the M.Os 1 to 10 from the possession of accused in the presence of Pw.17 or not. Hence, there is no corroboration with the evidence of Pw.19 and 20.
Further, mere confession before the police officials is not admissible in evidence as per Evidence Act.
23)In the light of above discussion, it is noticed that none of the victims supported the prosecution case. Further, none of the victims lodged complaint before the police and police suomoto registered the case against the accused. Though the documents are filed, but there is no oral evidence in support of documentary evidence and the police failed to prove that accused running the chit business illegally without having license. As the testimony of Pws.1 to Pw.20 as discussed above does not in any way establish the guilt of the accused for the charges levelled against him, this 12 of 13 C.C.No. 1 of 2020 court holds that the accused is entitled for acquittal. Points are answered accordingly.
24) In the result, the accused is found not guilty for the offence punishable U/s. 420,406 IPC and Section 4 &6 of Prize Chits and Money circulation schemes (Banning) Act and he is acquitted for the said offences
U/s 248(1) Cr.P.C.
The bail bonds of accused shall stand cancelled after the appeal time is over. The M.O.1 to 9 shall be destroyed after expiry of appeal time and
M.O.10 Net cash of Rs.5,85,320/ shall be returned to accused after expiry of appeal period.
Typed to my dictation directly on computer, corrected and pronounced by me in the open Court on this the 27th day of May, 2022.
Chief Judl. Magistrate –cum Asst. Sessions Judge,
KARIMNAGAR.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR THE PROSECUTION: FOR THE DEFENCE:
Pw.1 N.Naresh None Pw.2 B.Mohan Pw.3 K.Venkatesh Pw.4 G.Mahesh Pw.5 K.Chandra Mohan Pw.6 T.Satyanarayana Pw.7 Ch.Ramesh Pw.8 V.Chandrashekhar Pw.9 E.Usha Kiran Pw.10 B.Sanjeev Pw.11 S.Satyanand Pw.12 B.Deepak Pw.13 L.Arun Pw.14 Md.Raheem Pw.15 D.Anand Pw.16 L.Rathnakar Pw.17 A.Murali Pw.18 M.Anjaneyulu Pw.19 M.Ravi Kumar Pw.20 K.Sathish Chander Rao 13 of 13 C.C.No. 1 of 2020
EXHIBITS MARKED
FOR THE PROSECUTION:
Ex.P1 Sec.161 Cr.P.C. statement of Pw.2 Ex.P2 Sec.161 Cr.P.C. statement of Pw.3 Ex.P3Sec.161 Cr.P.C. statement of Pw.4 Ex.P4Sec.161 Cr.P.C. statement of Pw.5 Ex.P5Sec.161 Cr.P.C. statement of Pw.6 Ex.P6Sec.161 Cr.P.C. statement of Pw.7 Ex.P7Sec.161 Cr.P.C. statement of Pw.8 Ex.P8Sec.161 Cr.P.C. statement of Pw.9 Ex.P9Sec.161 Cr.P.C. statement of Pw.10 Ex.P10( not marked) Ex.P11Sec.161 Cr.P.C. statement of Pw.11 Ex.P12Sec.161 Cr.P.C. statement of Pw.12 Ex.P13Sec.161 Cr.P.C. statement of Pw.13 Ex.P14Signature of Pw.14 on seizure panchanama Ex.P15Signature of Pw.14 on Crime details form Ex.P16Sec.161 Cr.P.C. statement of Pw.15 Ex.P17Sec.161 Cr.P.C. statement of Pw.16 Ex.P18Confession & recovery panchanama Ex.P19Sec.161 Cr.P.C. statement of Pw.18 Ex.P20Seizure panchanama Ex.P21Crime details form Ex.P22First Information Report
FOR THE DEFENCE:
-Nil-
Material Objects marked
M.O.1:25Promissory notes M.O.2:2empty cheques M.O.3:Empty promissory notes M.O.4:2classmate books M.O.5:loan application forms along with promissory notes worth Rs.4,15,000/ M.O.6:Empty hire purchase loan application books M.O.7:one long book M.O.8:Small paper bundles M.O.9:39 revenue stamps M.O.10:Net cash of Rs.5,85,320/
Chief Judl. Magistrate –cum Asst. Sessions Judge,
KARIMNAGAR.