C.C.No.812 of 2025 1 II Additional Judicial Magistrate of First Class Court, Nuzvid
CALENDAR AND JUDGMENT
Calendar Case No. 812 of 2025 on the file of II Addl. Judicial First Class Magistrate, Nuzvid.
DATE OF
OffenceReport or Apprehension Release on Commence Closure of Sentence complaintof accusedbailment of trialtrialor order 23.07.2025 24.07.202508.08.2025 A1 and A3 09.01.202602.03.202617.04.2026 Till Date they are in Judicial Custody A2 on 18.03.2026
BETWEEN
The State – Represented by
Sub Inspector of Police,
Hanuman Junction Police Station, … Complainant
AND 1 Sk.Munna @ Siri S/o Ramesh, 20 yrs, 5th division, Lambadi pet, near Ramalayam, Eluru Town,
Eluru District.
2 Kotari Srinivasu @ Vasu S/o Rajeswara Rao, 36 yrs,
R/o. Ppposite APSP Batalon, Indira Gandhi Street,
PetaKalava gattu, Avanthi Nagar, Kakinada Town.
3 Patamati Manikanta S/o Peddirajulu, 21 yrs,
Daniyalupet, Gudivada Town.
…..Accused
Offence: U/s.331(4), 305(a) or 317(2) of B.N.S.
Finding : Not Guilty for the offence punishable U/s. 331(4), 305(a) of B.N.S
C.C.No.812 of 2025 2 II Additional Judicial Magistrate of First Class Court, Nuzvid and guilty for the offence punishable U/s. 317(2) of B.N.S.
Explanation for delay and remark : No Delay
Result : In the result, accused No.1 to 3 are not found guilty for the offence punishable under section 331(4), 305(a) of BNS, hence the accused No.1 to 3 are acquitted for the same under Section Section 271(1) of BNSS for the said charge. Further the accused
No.1 to 3 are found guilty for the offence punishable under section 317(2) of BNS.
Accordingly, they were convicted under section 271(2) of BNSS. M.O.1. is the Gold Ring in
Big size, M.O.2 is the 2 small rings., M.O.3 is the 1 pair of gold matte, M.O.4 is the 1 silver glass, M.O.5 is the 1 silver bowl, M.O.6 is the 2 pairs of silver anklets, M.O.7 is the 1 silver waist chain which were given to the custody of the PW.1 is holds good.
Sd/- K. Sravani
II ADDL. JUDICIAL FIRST CLASS MAGISTRATE,
NUZVID.
Copy submitted to: The Hon’ble I Addl. District and Sessions Court, Krishna, Machilipatnam.
C.C.No.812 of 2025 3 II Additional Judicial Magistrate of First Class Court, Nuzvid
Hearing on Quantum of Sentence by accused 1 and 3:
The accused 1 and 3 submitted that they have old aged parents and they are the sole bread winners of their family. Hence, prayed the court to take lenient view with regard to the quantum of sentence.
In the result, the court convicted the accused number 1 and 3, U/Sec. 271(2) of BNSS, for the offence U/sec.317(2) BNS and sentenced the convict to undergo simple
Imprisonment for a period of 8 months 10 days. As per the office note put by the bench clerk, the period of detention undergone by the accused are from 08.08.2025 to till date i.e., for a period of 8 months 9 days shall be set off under section 468 BNSS. The accused/convict are appraised about their right of appeal and free legal if required. The copy of the judgment is ordered to be supplied to the accused/convict forthwith.
Sd/- K. Sravani
II ADDL. JUDICIAL FIRST CLASS MAGISTRATE,
NUZVID
// TRUE COPY//
II AJFCM/NZD
C.C.No.812 of 2025 4 II Additional Judicial Magistrate of First Class Court, Nuzvid
IN THE COURT OF II ADDITIONLA CIVIL JUDGE (JUNIOR DIVISION)- CUM – II
ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS :: Mylavaram
PRESENT: Smt K.Sravani,
II Additional Judicial Magistrate of First Class, Nuzvid.
Friday, dated this the 17th Day of April, 2026.
Calender Case No. 812/2025
Between:
State Represented by:
Sub Inspector of Police
Hanuman Junction P.S … COMPLAINANT
AND 1 Sk.Munna @ Siri S/o Ramesh, 20 yrs, 5th division, Lambadi pet, near Ramalayam, Eluru Town,
Eluru District.
2 Kotari Srinivasu @ Vasu S/o Rajeswara Rao, 36 yrs,
R/o. Ppposite APSP Batalon, Indira Gandhi Street,
PetaKalava gattu, Avanthi Nagar, Kakinada Town.
3 Patamati Manikanta S/o Peddirajulu, 21 yrs,
Daniyalupet, Gudivada Town.
... ACCUSED No.1 to 3
This case came before me for arguments on 07.04.2025 in the presence Assistant
Public Prosecutor for the state and in the presence of Legal Aid counsel Sri.S.K.John
Babu for A1 to A3 and the matter having stood over for consideration and on that this court has delivered the following:
C.C.No.812 of 2025 5 II Additional Judicial Magistrate of First Class Court, Nuzvid
::J U D G E M E N T::
This is a case in Cr.No.119/2025 of Hanuman Junction P.S. Police Station registered U/s.331(4), 305(a) or 317(2) of B.N.S. against the accused No.1 to 3.
1. The facts of the prosecution case are as follows:-
a). The Accused No.1 to 3 are close associates and they are habituated in commission of property offences, number of cases are registered against them. The complainant (LW.1) is residing Ogirala village of Bapualapadu Mandal, On 24.07.2025 morning at 11 am, LW.1/Jutru Rangamma is doing "battayi" juice business. About 20 days back LW.1 and her husband (LW.2) went to Khammam on their "Battayi"juice business after locked their house doors and asked her mother to see On 23.07.2025, her mother contacted her over phone and informed that their house doors are found broken, almirah was also broken and the articles in the almirah are thrown pelmel. She along with her husband came back to their house and noticed the Gold big ring -1 children small Rings
2. Small Gold Rings two 3. Maties -2 weighing about 12 grams 4. Silver Glass and Bowl
5. Silver anklets 6. silver molathradu wg about 250 grams are committed theft off by some un known offenders by broke open the latch of their house doors and committed theft of the above gold and silver from their steel almirah. LW.3 the mother of LW.1. LWs 4 and 5 neighbours to LW.1 noticed the broke open the locks of the doors of the house of LW.1,
LW.3 informed the same to LW.1.
b) LW.8 received the above report and registered the same as FIR in
Cr.No.119/2025, U/s. 331(4) and 305(a) BNS of H'Junction PS on 24.07.2025 at 13.00 hrs., and issued F.I.R., by submitting the original F.I.R., along with the original Report of the complainant to the Hon'ble JFCM, Nuzvid and submitted copies of F.I.R to the concerned officers. LW.8 took up investigation in this case, He secured presence of
LWs.1 to 2 examined them U/s 180 BNSS and recorded their detailed statements. LW.8 visited the scene of offence, secured presence of marginally noted mediators (LWs 6 and 7), explained the facts of the case and requested to act as mediators at the time of observation of the scene of offence, LW.8 examined the same, noted all the details. LW.8
C.C.No.812 of 2025 6 II Additional Judicial Magistrate of First Class Court, Nuzvid secured presence of LWs.3 to 5 examined them U/s 180 BNSS and recorded their detailed statements.
c) During the course of investigation, on 07.08.2025 while LW.8 was present in the PS, received credible information in this case, secured presence of mediators(LWs 6 and 7), LW.8 along with mediators and staff left PS on Police Jeep AP 18 P 1580 and went to Perikeedu village out skirts on Gudivada side road at 15.00 hrs., and while conducting vehicle checking, noticed one auto stopped nearer to them and three persons aged between 20 and 30 years, got down the auto and tried to escape from the above place, LW.8 along with his staff stopped them and noted they are two male persons and one is transgender, questioned them in the presence of mediators, about their identity, in the beginning they did not give proper reply, then LW.8 separated one person among three and questioned A1 and confessed is as follows. His name is Sk.Munna @ Siri S/o
Ramesh, and he is one son to his parents, studied up to 10th class and he discontinued in the middle of his studies. In the year 2018, he got Hijra operation, since then he is moving with co Hijras. He is having in the habit of consuming alcohol, to fulfill his vices, he is addicted to commit thefts. In this process in the year 2018, one cell phone theft case was registred agaisnt him at Eluru I town PS, in the year 2020 he was sent to Home, he came out from the juvinile home in the month of April, 2022. Again he committed theft in a house at Eluru rural area, Police arrested him and sent him to the Central jail,
Rajahmudnry. 9 cases have been registered agaisnt him in Eluru I town PS, 2) 3 cases have been registered agaisnt him in Eluru III town PS, 3) 3 cases have been registered agaisnt him in Pedavegi PS, 4) 1 case has been registered agaisnt him in Pedapadu PS,
5) 1 case has been registered agaisnt him in Eluru Rural PS, 6) 1 case has been registered agaisnt him in Iragavaram PS, 7) 1 case has been registered agaisnt him in
Kaikaluru town PS, 8) 3 cases have been registered agaisnt him in Kovvuru town PS, 9) 1 case has been registered agaisnt him in Devarapalli PS, 10) 1 case been registered agaisnt him in Korinapadu PS, 11) 1 case been registered agaisnt him in Penamaluru PS,
12) 1 case has been registered agaisnt him in H'Junction PS and 13) 1 case has been registered agaisnt him in Pamarru PS, total 21 theft cases are pending against him.
Previously while he was in Nellore Jail, he is having friendship with one Kotari Srinivasu
C.C.No.812 of 2025 7 II Additional Judicial Magistrate of First Class Court, Nuzvid @ Vasu a r/o of Kakinada, while they are in the jail, they both decided to commit thefts jointly. He along with Kotari Srinivas @ Vasu committed theft at Pamarru, in this case
Kotari Srinivas @ Vasu went to Nuzvid jail in the month of July, 2025, he went to
Rajahmundry jail in the month of July, 2025. On 13.08.2025, he released from
Rajahmundry jail and came on 20.08.2025 he went to Gudivada Vasu. He along with
Vasu and one Padamati Manikanta of Daniyalupet, Gudivada decided to commit theft jointly and accordingly on 20.07.2025 in the night at about 1 am he along with srinivasu @ Vasu and Padamati Manikanta went to Arugolanuy village of Bapualapadu Mandal and went to Ogirila village and noticed one house situated by the side of the road by the side of roaed, they decided none were prsent in the house, they broke open the lock of the said door, entered in to the house and broken the steeel almirah and committed theft of
Gold big Ring-1 gold children rings- 2. Small Gold Rings two 3. Maties -2 and 4. Silver
Glass and Bowl 5. Silver anklets 6. silver molathradu, after that they all came out of the house and one female person noticed them, questioned the who are, they all escaped.
Later they all went to Gudivada and hide the valubles at the room of Srinivasu @ Vasu and he went to Eluru. on 07.08.2025 he went to Gudivada and met Srinivasu @ Vasu and Manikanta, they kept the gold and silver in a packet and decided to sell the same at
Eluru, while they all coming in a passenger auto towards H'Junction, noticed the Police, due to fear they tried to escape, Police stopped them.
d) LW.8 handed over the above person to his staff and questioned A2 person, he voluntarily confessed is as follows. His name is Kotari Sriniasu, his parents blessed with him and his younger daughter, studied up to 7th class. He addicted vices like consume alcohol, Ganja, playing gambling, to fulfil his vices he started committing thefts from 2006. Following cases have been registered against him. 1) 2 cases have been registered agaisnt him in Nallajarla PS, 2) 2 cases have been registered agaisnt him in
Jaggaihpet PS, 3) 3 cases have been registered agaisnt him in Bhimadolu PS, 4) 2 cases have been registered agaisnt him in CCS, Chittur PS, 5) 2 cases have been registered agaisnt him in CCS, Rajahmundy PS, 6) 1 case has been registered agaisnt him in
Tadepalligudem PS, 7) 1 case has been registered agaisnt him in Gajuvaka PS, 8) 1 case has been registered agaisnt him in Eluru I town PS, 9) 2 cases have been
C.C.No.812 of 2025 8 II Additional Judicial Magistrate of First Class Court, Nuzvid registered agaisnt him in Ongole 2 town PS, 10) 1 case has been registered agaisnt him in H'Junction PS, 11) 1 case has been registered agaisnt him in Pamarru PS, total 22 cases are pending agaisnt him. Previously while he was in Nellore Jail, he is having friendship with Hijra Sk.Munna @ Siri, while they are in the jail, they both decided to commit thefts jointly. He along with they both committed theft at Pamarru, in this case he went to Nuzvid jail in the month of July, 2025, Sk.Munna went to Rajahmundry jail in the month of July, 2025. On 13.08.2025, he released from Rajahmundry jail. On the night of 19.07.2025 at about he along with his friends Patamati Manikanta and Syam went to
Jonnapadu village and broke open the house lock and committed theft of Rs.800/- and one camera and they decided to sell the camara in due course. He gave camera to Syam and sent to Vyuuru. On the next day Sk.Munna @Siri came to him to Gudivada.
20.07.2025 in the night at about 1 am he along with Munna and Padamati Manikanta went to Arugolanuy village of Bapualapadu Mandal and went to Ogirila village and noticed one house situated by the side of the road by the side of roaed, they decided none were prsent in the house, they broke open the lock of the said door, entered in to the house and broken the steel almirah and committed theft of Gold big Ring-1 gold children rings-
2. Small Gold Rings two 3. Maties -2 wg and 4. Silver Glass and Bowl 5. Silver anklets 6.
silver molathradu, after that they all came out of the house and one female person noticed them, questioned the who are, they all escaped. Later they all went to Gudivada and hide the valuables at his room. On 07.08.2025 they decided to sell the same at Eluru, while they all coming in a passenger auto towards H'Junction, noticed the Police, due to fear they tried to escape, Police stopped them.
e) LW.8 handed over the above person to his staff and questioned A3 person, he voluntarily confessed is as follows His name is Patamati Manikanta and his parents blessed with three male children, he is the elder one and studied up to 6th class. He addicted vices like consume alcohol, Ganja, playing gambling, to fulfil his vices he started committing thefts. Following cases have been registered against him. 1) 1 case has been registered agaisnt him in Gudivada PS, 2) 2 cases have been registered agaisnt him in
Gudivada I town PS, 3) Icase has been registered agaisnt him in Gudivada II town PS,
Total four cases. While he was in Machilipatnam jail, he is having acquiantance with one
C.C.No.812 of 2025 9 II Additional Judicial Magistrate of First Class Court, Nuzvid
Kotari Srinivasu @ Vasu of Kakinada and they both decided to commit thefts jointly after theri release. He was released from jail after 8 months. On the night of 19.07.2025 at about 1 am he along with his friends Srinivas @ Srinu and Syam went to Jonnapadu village and and broke open the house lock and committed theft of Rs.800/- and one camera and they decided to sell the camara in due course. They gave camera to Syam and sent to Vyuuru. On the next i.e. on 20.07.2025 in the night at about 1 am he along with Munna and Srinivasu @Vasu went to Arugolanuy village of Bapualapadu mandal and went to Ogirila village and noticed one house situated by the side of the road by the side of roaed, they decided none were prsent in the house, they broke open the lock of the said door, entered in to the house and broken the steeel almirah and committed theft of
Gold big Ring-1 gold children rings- 2. Small Gold Rings two 3. Maties -2 wg about 12 grams and 4. Silver Glass and Bowl 5. Silver anklets 6. silver molathradu wg about 250 grams, after that they all came out of the house and one female person noticed them, questioned the who are, they all escaped. Later they all went to Gudivada and hide the valuables at the room of Srinifvasu This day ie..on07.08.2025 they decided to sell the same at Eluru, while they all coming in a passenger auto towards H'Junction, noticed the
Police, due to fear they tried to escape, Police stopped them.
f) LW.8 asked them where is the stolen property, Sk Munna @ Siri opened a cover and handed over the gold ornaments and Silver articles and informed that those articles are committed theft by them on the night of 20.07.2025 in a house at Ogirala village. LW8 verified the same and noticed Gold big Ring-1 gold children rings- 2. Small
Gold Rings two 3. Maties -2 wg and 4. Silver Glass and Bowl 5. Silver anklets 6. silver molathradu, later when searched in their pockets and nothing available. LW.8 identified them that property is pertaining to this case vide Cr.No.119/2025 U/s.331(4), 305(a) BNS of H'Junction PS and seized the same in the presence of mediators. LW.8 contacted
SHO, Nandivada and informed the facts of the confession, SI Nandivada informed that it is a fact that on the night of 19.07.2025, theft case was reported in which one camera was stolen and this is the subject matter in Cr.No.93/2025U/s331(3),305 BNS of
Nandivada PS. All the details are typed on lap top form 15.00 hrs., to 17.00 hrs.,took print
C.C.No.812 of 2025 10 II Additional Judicial Magistrate of First Class Court, Nuzvid out, the mediators attested on the mediators report, he obtained the signatures of the accused on the mediators' report.
g) After completion of all the formalities, the accused forwarded to this Hon'ble court for granting judicial custody to the accused for a period of 15 days. After completition of Investigation LW.8 filed the charge sheet. Hence,the charge.
2. On receipt of charge sheet, this case was taken on file U/s.331(4), 305(a) or 317(2) of B.N.S, against the accused No.1 to 3.
3. On appearance of accused No.1 to 3, copies of documents were furnished to them as contemplated under Section 230 BNSS.
4. When accused No.1 to 3 were examined under Section 262 BNSS, they denied the charges leveled against them. After perusing the entire material on record and on hearing both sides, charge for the offence U/s.331(4), 305(a) or 317(2) of B.N.S.
are framed, read over to the accused in Telugu language, for which, they pleaded not guilty and claimed to be tried.
5. To prove the guilt of the accused No.1 to 3 the prosecution has examined P.W.1 to
P.W.3 and got marked Exhibits P.1 to P.5 are marked. The learned APP given up the evidence of LW2 to Lw.5 and Lw.7 did not present before the court, and their evidence are closed.
6. After completion of the prosecution evidence, the accused No.1 to 3 were examined
U/Sec.351 BNSS. The incriminating circumstances found in the evidence of the prosecution witnesses is read over and explained to the Accused, they denied the same and reported no defence evidence. Hence, the defence evidence is closed.
7. Heard the the learned Assistant Public Prosecutor and learned counsel for the accused and and perused the material available in the record.
8. Now the point that arises for determination is as follows:
“ Whether the prosecution could bring home the guilt of the accused persons
for the offence punishable under Section 331(4), 305(a) or 317(2) of B.N.S. beyond all reasonable doubt ?
C.C.No.812 of 2025 11 II Additional Judicial Magistrate of First Class Court, Nuzvid
9. POINT:
10. In order to constitute an offence under Section 331(4), 305(a) or 317(2) of B.N.S., the prosecution has to establish that the accused has committed lurking house trespass or house breaking after sunset and before sunrise in order to committing theft or the accused are found in the possession of the same knowing full well that the said property is stolen.
In order to substantiate its case against the accused persons and bring home the guilt of the accused beyond all reasonable doubt, the prosecution in this case relied on the oral evidence of PWs. 1 to 3 and so also on the documentary evidence Exs.P1 to P5.
11. PW.1/Jutu Rangamma who is the de-facto complainant in this case, deposed that on 04.07.2025 she along with the her husband went to Khammam for the daily Juice
Business. On 23.07.2025 her mother LW.3 informed her over phone that the doors of her house were opened and damaged and things in the house are in pelmel Condition. Then, she along with her husband came to her house and found that the Iron Safe lock was opened and found missing of 2 gold rings of her children, 1 gold ring of her husband, 1 pair of Gold mattes, 2 pairs of anklets, 1 silver bowl and 1 silver glass and 1 silver waist silver chain. Then she filed a report before the police, Ex.P1 is the report and she was examined by the police, police recorded her statement. After 15 days of her report the police called her and informed her about the recovery of her property and she identified her property at the Police station, the police gave her the property after due acknowledgment. Ex.P2 is the
Acknowledgment/receipt. M.O.1 is the gold ring in Big Size, M.O.2 is the 2 small rings.,
M.O.3 is the 1 pair of gold matte, M.O.4 is the 1 silver glass, M.O.5 is the 1 silver bowl,
M.O.6 is the 2 pairs of silver anklets, M.O.7 is the 1 silver waist chain.
12.During the course of cross examination of PW.1, she testified that at present they are resident at Khammam along with her husband. Further, she stated that she did not mention in her report and in her Statement Under section 161 Cr.P.C. that the particular persons committed the theft of her property and she did not know who committed the theft of her property, her mother informed her about the theft of her house through phone. She denied for a suggestion that she did not go to Khammam on the date of alleged incident and no theft was committed in her house.
C.C.No.812 of 2025 12 II Additional Judicial Magistrate of First Class Court, Nuzvid
13. PW.2/Tummala Rama Krishna, resident of Ogirala Village, deposed that on 23.07.2025 at about 4.00 to 5.00 pm at the request of one Venkateswara Rao/Lw7, with regard to the theft committed in the house of Pw.1, he went to the house of Pw1. While he was reaching there SI of police and constable were present there and observed that the
Iron safe was broke open and all the things are pelmel condition. The police obtained the photographs, prepared report and obtained his signature and signature of LW.7 on the report. Ex.P3 is the scene observation report. On 08.08.2025, one constable called him, then he along with Lw7 went to the near the canal at Perikeedu Village. There the police are stopping the auto's to conduct patrolling, while so 3 members were tried to skulk away from there in an auto. Then the police constable caught hold the accused. Then SI of
Police handover two persons to the constables and enquired one person by name Munna and the accused A1/Munna and stated that committed theft in various places i.e.,
Perikeedu Village, Ogirala, Gudivada, Pamarru, Penamaluru and Kaikaluru Villages and further reveled that accused committed theft of one Gold Big size Ring and two small rings, and one pair of Mattis and silver anklets two pairs, one Silver Glass, and one Silver
Bowl and one silver waist thread vide property marked as Mo.1 to 6 in the house of PW.1.
The police seized the said items in his presence from Munna. The police obtained his, Lw7 signatures. The police arrested the accused and prepared the report and obtained their signatures. Ex.P4 is the mediators and he can identify the accused.
14. During the course of cross examination of PW.2, he testified that he did not see the accused when they are committing the theft. He denied that he did not go to the scene of offence, where the accused are arrested by the police and police did not seize the property in his presence and he is deposing false evidence at the instance of police.
15. PW.3/N. Lakshmi Narsimha Murthy, the then Sub Inspector of Hanuman
Junction, deposed that on 24.07.2025 at about 13.00 hrs and he received a report from the
PW.1/Jutru Rangamma and he registered the same as FIR in Cr.No.119/2025, U/s. 331 (4), 305 (a) BNS. Ex.P4 is the FIR and he sent the FIR to the concerned court. On the same day he went to the scene of offence situated at Ogirala Village of Bapulapadu
C.C.No.812 of 2025 13 II Additional Judicial Magistrate of First Class Court, Nuzvid
Mandal and prepared a rough-sketch and scene observation report. Ex.P5 is the rough- sketch and he examined Lws.2 to 5 and recorded their statements. On 08.08.2025 while he was conducting vehicle checking at under Pass at Perikeedu to Gudivada Village, you the accusedd on seeing them and tried to skulk away from there, then he along with his staff caught hold you and kept the two persons custody of his staff, questioned A1 in the presence of mediators. You the A1 reveled his identity as Sk. Munna and further stated that you the A1 studied upto X class and discontinued your studies and obtained of surgery as Hijra and since then you are working together with other hijras. The amounts earning by you are not enough to lead life, you committed theft of mobile phone at I Town police station Eluru and for which the court sent you to Juvenile home in the year 2022 after you came out from the Juvenile in April, 2022, committed theft in a house at Rural
Area of Eluru. Then the police arrested you and send you to Central Jail, Rajahmundry, by there were totally 21 cases were filed against you. A1 further reveled that when you were was at Nellore Jail with Kotari Srinivasas @ Vasu, you also used to commit theft. Then you both are came to an understanding to commit theft together. After that they both are under gone to the Jail in different cases. After came out Central Jail, Rajahmundry on 13.07.2025, on 23.07.2025 in the evening hours you went to the one Gudivada Vasu, from there along with Vasu and Padamata Manikanta together fixed to commit theft, at about 01.00 am they went to right side of Arugolanu Village to Bapulapadu Mandal, at road side of Ogirala Village they have seen a house which was locked at Ogirala Village, they fixed there are no body in that house, they break open the lock with a rod and went into the house and break open the lock of the Iron safe and one committed theft of one Gold Ring, 2 small Gold Rings, 2 pair of Mattis, 2 pairs of silver anklets, one silver Glass, one silver bowl, one silver waist thread and came out, at that time one lady has seen you and shouted at you, then you escaped from there. On 08.08.2025 in the morning hours you were coming in an auto to sell the theft property, you caught hold by the police at that time.
Then he handover Munna to his staff, called 2nd person stated his name as Kotari Srinivas @ Vasu stated that he studied upto 7th class and you discontinued your studies. As the money is not enough to you started committing theft and there are 22 cases were filed against you. You the accused break open the lock with a rod which is along with him and
C.C.No.812 of 2025 14 II Additional Judicial Magistrate of First Class Court, Nuzvid went into the house and observed that there is money in a box in the house, in another room they found one camera, along with these items they came out and after reaching the house at Gudivada they count the money and found that Rs.800/-, they purchased the liquor with that money and kept the camera with the syam. There after Munna, Manikanta along with him, committed the theft at Ogirala Village as stated by the Munna. Then he handover him to his staff and questioned the 3rd person in the presence of mediators. He stated his name as Padamata Manikanta. He studied upto 6th class and discontinued his studies. As the money is not enough to him for his vices, he started committing theft and there are 4 cases against him. He further confessed in the lines of above said two persons then the Munna opened the cover along with him and shown the Gold and Silver articles with him and stated that you committed the theft of those articles at Ogirala Village on 23.07.2025. then his staff verified the A1 to A3 and found no other things with them. Then he verified the Gold and Silver Articles in the presence of mediators, and found that they are one Gold Big size Ring, 2 Gold small Rings, 2 pairs of Gold Mattis, 2 pairs of Silver anklets, one Silver Glass and one Silver bowl and one silver waist thread. Then he identified that they are the property in Cr.No.119/2025 of Hanuman Junction PS and seized the same. Further he informed about the theft committed by the A2 and A3 to the police Nandivada. On 19.07.2025 there is a theft at Jonnapadu Village of Nandivada Limits and the police stated that there was theft of money and one camera in Cr.No.93/2025 under section 331 (4), 304 (a) BNS of Nandivada PS. Then he arrested the A1 to A3 at about 9.00 pm. After completing the investigation he filed charge sheet.
16. During in his cross examination of PW.3 who is the investigating officer in this case, he testified that he did not file any proceedings as he conducted vehicle checking on the date of arrest of the accused and as the place of arrest is at the road, there is pasing another vehicles and he did not collect any proof from the complainant as the property belongs to them and he did not issue any written notice to the mediators to act as witness in this case and he did not enquire A1 did revealed that where he under went the surgery. Further, he admitted that Ex.P1 is the typed matter and he did not file any witness shown by him in Ex.P5 in this case. Witness adds that LW.3, 4 and 5 are the person
C.C.No.812 of 2025 15 II Additional Judicial Magistrate of First Class Court, Nuzvid shown by him as witness in Ex.P5. He denied that he created the Ex.P1 and foisted the false case against the accused and also denied that Pw.2, LW.7 are the stock witness and whenever they called them, they came and sign on the papers prepred by him. Further, he denied that the accused did not commit any offence and he foisted the false case against the accused and also denied that as the vehicles will pass speedily at the arrest place and he did not stop and arrest the accused as stated by him.
17. Heard the the learned Assistant Public Prosecutor and learned counsel for the accused and perused the material available on the record. From the evidence of PW.1, it is clear that some unknown offenders committed theft of MO.1 to 7 from the house of
PW1, in the temporary absence of inmates. But she did not identified the accused and
PW1 did not state that she has seen the accused when the accused were committing theft. Further more there is no eye witness for the said incident. Therefore the testimony of
PW1 reveals that MO1 to 7 committed theft from the house of PW1. Further the evidence of PW4 who is the investigating officer reveals that PW1 presented the report on 24.07.2025 before him and the same is registered in Cr.No. 119/2025 under Section 331(4), 305(a) of B.N.S, which was marked in Ex.P4 and visited the scene of offence and prepared rough sketch, Ex.P5 is the rough sketch. Thus from the evidence of PW.1 and
PW3 it reveals about the date of offence and presentation of Ex.P1 report. However the prosecution failed to establish that the accused are the persons who entered into the house of PW1 in the night hours and committed theft of MO1 to 7. However the prosecution could successfully establish that the said MO1 to 7 were committed theft.
From the evidence of PW.1,2 and PW3, it is clear that some unknown offenders are committed theft of M.O.1 to 7 of PW.1.
18. From the evidence of PW.2 it can be seen that the accused confessed
before him about the theft of the M.O.1 to 7. From his evidence it is clear that he is not the
eye witness to the case. But from the evidence of PW2 it is clear that the accused are in the possession of MO.1 to 7 when they arrested the accused, which was committed theft from the house of PW1 and the police recovered the stolen property in the presence of
C.C.No.812 of 2025 16 II Additional Judicial Magistrate of First Class Court, Nuzvid
PW2. From which the prosecution clearly established the fact that the accused were in the possession of MO.1 to 7.
19. Further the accused have cross examined Pws. 3 as that he conducted the table investigation and implicated the accused in this case. Except the same nothing was elicited from the evidence of Pws.3. From the evidence of PW.1 coupled with evidence of
Pws 2 to 4 and Ex.P1 to P4, MO.1 to 7 it is clear that some unknown offenders committed theft of MO1 to 7. Hence the prosecution could successfully establish that the MO.1 to 7 were found in the possession of the accused. Even though no eye witness to the alleged theft committed by the accused, the confessional statement of the accused and they were in the possession of MO.1 to 7, which are the stolen property at the house of PW1, the recovery of the stolen property which is specifically in the knowledge of the accused.
Hence even though the prosecution failed to establish the offence under Section 331(4), 305(a) of B.N.S. against the accused, the prosecution successfully proved the guilt of the accused for the offence punishable under section 317(2) BNS.
20. In view of the above discussion, the evidence adduced by the prosecution coupled with the material object categorically shows that MO.1 to 7 were is found in the possession of accused knowing fully well that the same is the stolen property which comes within the ambit of section 317(2) BNS. The evidence both oral and documentary on behalf of the prosecution clinchingly proves its case that the accused is liable for the offence punishable under section 317(2) BNS.
21. In the result, accused No.1 to 3 are not found guilty for the offence punishable under section 331(4), 305(a) of BNS, hence the accused No.1 to 3 are acquitted for the same under Section Section 271(1) of BNSS for the said charge. Further the accused No.1 to 3 are found guilty for the offence punishable under section 317(2) of
BNS. Accordingly, they were convicted under section 271(2) of BNSS. M.O.1. is the Gold
Ring in Big size, M.O.2 is the 2 small rings., M.O.3 is the 1 pair of gold matte, M.O.4 is the
C.C.No.812 of 2025 17 II Additional Judicial Magistrate of First Class Court, Nuzvid 1 silver glass, M.O.5 is the 1 silver bowl, M.O.6 is the 2 pairs of silver anklets, M.O.7 is the 1 silver waist chain which were given to the custody of the PW.1 is holds good.
Typed by the Typist on my dictation on office computer, after correction and
pronounced in open court on this the 17 th Day of April, 2026.
Sd/- K. Sravani
II ADDL. JUDICIAL FIRST CLASS MAGISTRATE,
NUZVID.
Appendix of Evidence
Witnesses examined:
For prosecution: For defence: PW.1/LW.1 : Jutru Rangamma -None- PW.2/L.W.6: Tummala Rama Krishna PW.3/L.W.8: N. Lakshmi Narasimha Murthy
Documents marked:
For prosecution: For defence: Ex.P1: Report of PW.1. - NIL- Ex.P2: Acknowledgment/Receipt Ex.P3: Scene Observation Report Ex.P4: FIR. Ex.P5 : Rough Sketch
Material objects marked:
For prosecution: For defence: MO.1 : Gold Ring in Big size -Nil -
M.O.2 : 2 small rings.,
M.O.3 : 1 pair of gold matte,
M.O.4 : 1 silver glass,
M.O.5 : 1 silver bowl,
M.O.6 : 2 pairs of silver anklets,
M.O.7 : 1 silver waist chain
Sd/- K. Sravani
II ADDL. JUDICIAL FIRST CLASS MAGISTRATE,
NUZVID.
C.C.No.812 of 2025 18 II Additional Judicial Magistrate of First Class Court, Nuzvid
Hearing on Quantum of Sentence by accused 1 and 3:
The accused 1 and 3 submitted that they have old aged parents and they are the sole bread winners of their family. Hence, prayed the court to take lenient view with regard to the quantum of sentence.
In the result, the court convicted the accused No.1 and No.3, U/Sec. 271(2) of BNSS, for the offence U/sec.317(2) BNS and sentenced the convict to undergo simple
Imprisonment for a period of 8 months 10 days. As per the office note put by the bench clerk, the period of detention undergone by the accused are from 08.08.2025 to till date i.e., for a period of 8 months 9 days shall be set off under section 468 BNSS. The accused/convict are appraised about their right of appeal and free legal if required. The copy of the judgment is ordered to be supplied to the accused/convict forthwith.
Sd/- K. Sravani
II ADDL. JUDICIAL FIRST CLASS MAGISTRATE,
NUZVID.
//TRUE COPY//
II AJFCM/NZD