Sri. K. Sudarshan

SC No. 185 of 2019 1/10

IN THE COURT OF III ADDITIONAL SESSIONS JUDGE :: ADILABAD AT

ASIFABAD

Present: - Sri K. Sudarshan, III Addl. Sessions Judge, Asifabad

Wednesday, this the 18th day of May, 2022

SESSIONS CASE No.185 of 2019

(In Cr.No.103 of 2018 of PS Sirpur T)

Name of the Complainant:The State through the Circle Inspector of Police, Kaghaznagar Rural represented by it's Additional Public Prosecutor, Asifabad.

Name of the accused :1) Ade Nagesh S/o late Shanker, Age: 21 years, Caste: Bare (Mali), Occ: Coolie R/o Mithra colony, H/o Kosini village of Kaghaznagar mandal.

2) Athmuri Raja Kumari W/o Chitti Babu, Age: 58 years, Caste: Naidu, Occ: Agrl., R/ oH.No.3-3-54,Gunturcolony, Kaghaznagar.

Charges:Under Section 304-II of Indian Penal Code and Sections 185(a) and 181 of Motor Vehicles Act against A1 and under Sections 180 and 196 of Motor Vehicle Act against A2.

Plea of the accused:Not guilty.

Finding of the Judge:Not guilty.

Sentence of order :In the result, A1 is found not guilty for the offences under section 304-II of

Indian Penal Code, 1860 and Sections 181 and 185 (a) of Motor Vehicles Act and A2 is found not guilty for the offences under Sections 180 and 196 of

Motor Vehicles Act and accordingly A1 and A2 are acquitted for the said offences under Section 235 (1) of Code of Criminal Procedure, 1973. The bail

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bonds of A1 and A2 shall be in force for a further period of six months as contemplated under Section 437-A of the Code of Criminal Procedure, 1973.

MO.1/motorcycle, the interim custody of which is already given to A2, shall become absolute after expiry of appeal period.

Prosecution conducted by:Addl. Public Prosecutor, Asifabad

Defence conducted by:Sri T. Suresh, Advocate

This case was committed by the Learned Judicial Magistrate of First Class, Sirpur as per orders dated 22.10.2019 in P.R.C.No.24 of 2019 in Cr.No.103 of 2018 of PS Kaghaznagar Rural.

This case is coming on 16.05.2022 for final hearing before me in the presence of learned Addl. Public Prosecutor for the State and of Sri T. Suresh, learned counsel for accused, upon hearing the counsel on record, upon perusing the material and documents available on record and having stood over till this day for consideration, this court delivered the following:

J U D G M E N T

1.The Circle Inspector of Police, Kaghanagar Rural, laid the charge-sheet before the learned Judicial Magistrate of the First Class,

Sirpur against accused No.1 for the offences punishable under Section 304-

II of Indian Penal Code, 1860 and Sections 181 and 185 (a) of Motor

Vehicles Act against accused No.2 for the offences punishable under

Sections 180 and 196 of Motor Vehicles Act in Crime No.103 of 2018 of

Kaghaznagar Rural Police Station.

2.The brief facts of the case are that on 23.12.2018 at about 2030 hours., LW1/Ade Vittal, the defacto complainant came to police station, Kaghaznagar Rural and lodged a report stating that on the same day at about 1900 hours he along with his brother/Ade Ramji went to

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Sirsilk market, Kaghaznagar on bicycle and while returning to their house and when reached near Kosini village, he got down to pass urine, in the meanwhile one Ade Nagesh who was proceeding on TVS Motorcycle bearing No.TS-01-EE-6603 towards Mithra colony drove the said vehicle in rash and negligent manner and dashed to his brother Ade Ramji from rear side, due to which he fell down on the BT road and sustained bleeding injuries and died on the spot.

Basing on the said report given by LW1, LW17/M.Upendra Chary, Sub-

Inspector of Police, PS Kaghaznagar Rural has registered a case in Crime

No.103 of 2018 for the offence under Section 304-A of Indian Penal Code, 1860 and issued FIR. During the course of investigation, visited the scene of offence, examined and recorded the statements of witnesses, observed the scene and dead body of deceased, got photographed the dead body and also seized the crime vehicle. On 23.01.2019 apprehended A1, wherein he confessed to have committed the offence. A2 also confessed about issuance of motorcycle to accused No.1. After collecting all relevant documents and after completion of investigation filed charge sheet against A1 for the offences punishable under Section 304-II of Indian Penal

Code, 1860 and Sections 181 and 185 (a) of Motor Vehicles Act and against

A2 for the offences punishable under Sections 180 and 196 of Motor

Vehicles Act.

3.On appearance of A1 and A2 before the Magistrate Court, copies of case documents were furnished to them as contemplated

U/sec.207 CrPC and as the offence under Section 304-II of Indian Penal

Code, 1860 is exclusively triable by the Court of Sessions, committed the

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SC No. 185 of 2019 4/10

case to the Hon’ble Prl. Sessions Court, Adilabad and the same was numbered as S.C.No. 185 of 2019 and made over to this Court to dispose of according to law.

4.On appearance of A1 and A2, after considering the material on record, charge under Sections 304-II of Indian Penal Code, 1860 and

Sections 185 (a) and 181 of Motor Vehicles Act were framed against A1 and charge under Sections 180 and 196 of Motor Vehicles Act were framed against A2, read over and explained to them in vernacular language. They pleaded not guilty of the alleged offences and claimed to be tried.

5.In order to prove the case, the prosecution has cited LWs.1 to 19 and examined PW.1 to PW.13 and got marked Ex.P1 to Ex.P31 and MO1.

On behalf of accused no defence evidence and documents are marked.

6.After closure of the prosecution evidence, A1 and A2 are examined under Section 313 CrPC with reference to the incriminating material appearing against them. They denied the same and reported no defence evidence.

7.The learned Addl. Public Prosecutor has vehemently argued

before this Court that the prosecution established the guilt of the accused

by examining Medical and Investigating Officers that the death of deceased is homicidal and prayed to convict A1 and A2 for the offence for which they stood charged.

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SC No. 185 of 2019 5/10

8.Per Contra, the learned counsel for the accused strenuously argued that PW1 to PW8 who are cited as complainant and circumstantial witnesses turned volte-face to the case of the prosecution and the sole testimony of investigating officer is not safe to convict the accused and prayed before this Court to acquit the accused for the offences for which they were charged.

9.Heard both sides. Perused the material on record.

10.Now the point for determination is :-

Whether the prosecution could establish the guilt of A1 for the offences under Section 304-II of Indian Penal Code, 1860 and Section 181 & 185 (a) of Motor Vehicles Act and A2 for the offences under Sections 180 & 96 of Motor Vehicles Act, beyond all reasonable doubt?

POINT :

11.Here it is pertinent to note that PW1 who is the complainant and eye witness to the incident and also elder brother of deceased/Ramji deposed that some unknown person hit to his brother on the road, due to which his brother succumbed to injuries on the spot. By stating so, he turned hostile to the case of the prosecution. Learned Additional Public

Prosecutor cross-examined this witness but could not elicit anything incriminating material against the accused except marking 161 CrPC statement of PW1.

12.PW2/Ade Savithri Bai who is wife of the deceased/Ramji deposed that she does know the cause of death and the facts of this case.

Learned Additional Public Prosecutor declared this witness as hostile as she does not supported the prosecution case and during cross examination

III Addl.SJ, ASF

SC No. 185 of 2019 6/10

got marked 161 CrPC statement of PW2 as Ex.P2. PW3/Ade Bapu also turned hostile and did not support the prosecution case and denied to have stated as in Ex.P3.

13.PW4 to PW6 and PW8 (G.Bheem Rao, M.Thirupathi, V.Rai and

Ch.Chinnaiah) who are panch witnesses for crime details form, inquest and confession respectively though admitted their signatures specifically deposed that police obtained their signatures on some written papers and they do not know the contents of it. Learned Additional Public Prosecutor declared the said witness as hostile and got marked their signatures on said panchanamas.

14.PW11/N.Thirpuathi who is panch witnesses for inquest deposed that police Kaghaznagar conducted inquest panchanama over the dead body of Ade Ramji in his presence and obtained signature on it but categorically deposed that he cannot say which vehicle dashed to the deceased. PW12/S.Mahesh who is panch witness for confession and recovery panchanama deposed that he does not know anything about the facts of this case and he does not know the contents of the panchanama.

Learned Additional Public Prosecutor declared PW11 and PW12 as hostile as they do not support the prosecution case.

15.PW7/Rathod Ramesh who is police constable deposed that on the instructions of his superior Officers he photographed the dead body of deceased/Ade Ramji and also the crime vehicle ie., TVS motorcycle and handed over the photographs to Sub-Inspector of Police.

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16.PW9/Azmeera Shyam Naik, the then Motor Vehicle Inspector,

Asifabad deposed that he had not found any mechanical defect causing the accident and he issued report under Ex.P23.

17.PW10/Dr.J.Chennakeshava Rao, Civil Assistant Surgeon deposed that on receiving a requisition from SI of Police, Kaghaznagar

Rural, on 24.12.2018 at 12:00 noon he conducted autopsy over the dead body of the deceased/Ade Ramji, male, aged about 45 years and found the injuries mentioned in Ex.P24/PME report and opined that cause of death is due to head injury.

18.PW13/M.Upendra Chary, the then Sub-Inspector of police,

Kaghaznagar Rural deposed that on receiving report from PW1 on 23.12.2019 at about 2030 hours under Ex.P1, he registered a case in crime

No.103/2018 for the offence punishable under Sec.304-A IPC against A1 in

Ex.P28. During the course of investigation, he visited scene of offence, visited the Praja life care hospital, Kaghaznagar and found A1 in drunken state of mind. He further deposed that on 24.12.2019 he visited the mortuary of Govt. Hospital, Sirpur-T and in the presence of PW6 and PW11 conducted inquest panchanama over the dead body under Ex.P19 and in the presence of PW4 and PW5 conducted crime details form under Ex.P7.

Later he handed over the CD file to Circle Inspector Police, Kaghaznagar

Rural for further investigation.

19.Here it is pertinent to note that PW.1 to PW6, PW8, PW11 and

PW12 are eyewitnesses and circumstantial witnesses and relatives of the

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deceased. All of them have deposed that they do not know anything about the facts of the case and they do not know who is responsible for the cause of death of deceased. They were declared hostile and cross-examined by the learned Additional Public Prosecutor but except marking their (U/sec.161 Cr.P.C) statements, nothing was elicited in favour of prosecution. Further more, it is settled law that it is not safe to convict the accused only basing on the testimonies of medical and investigating officer which is not corroborated by the testimonies of independent witnesses.

Hence the prosecution has miserably failed to prove the guilt of the A1 and

A2 beyond all reasonable doubt.

20.In the result, A1 is found not guilty for the offences under section 304-II of Indian Penal Code, 1860 and Sections 181 and 185 (a) of

Motor Vehicles Act and A2 is found not guilty for the offences under

Sections 180 and 196 of Motor Vehicles Act and accordingly A1 and A2 are acquitted for the said offences under Section 235 (1) of Code of Criminal

Procedure, 1973. The bail bonds of A1 and A2 shall be in force for a further period of six months as contemplated under Section 437-A of the Code of

Criminal Procedure, 1973. MO.1/motorcycle, the interim custody of which is already given to A2, shall become absolute after expiry of appeal period.

Typed to my dictation and after corrections pronounced by me in open court on this the 18th day of May, 2022.

III ADDITIONAL SESSIONS JUDGE

ASIFABAD

III Addl.SJ, ASF

SC No. 185 of 2019 9/10

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution:

PW1Sri Ade Vittal/complainant and brother of deceased

PW2Smt. Ade Savithri Bai/wife of deceased

PW3Sri Ade Bapu/circumstantial witness

PW4Sri G.Bheem Rao/panch witness for CDF

PW5Sri M.Thirupathi/panch witness for CDF

PW6Sri V.Ravi/panch witness for inquest

PW7Sri Rathod Ramesh/police constable

PW8Sri Ch.Chinnaiah/panch witness for confession and recovery panchanama

PW9Sri Shyam Naik/Motor Vehicle Inspector

PW10 Dr. Chennakeshavulu/Medical Officer

PW11 Sri N.Thirupathi/panch witness for inquest

PW12 Sri Ch.Mahesh/panch witness for confession and recovery panchanama

PW13 Sri M. Upendra Chary/Investigating Officer

For Defence:

None

Exhibits Marked For Prosecution

Ex.P1Report of PW1.

Ex.P2161 CrPC statement of PW2

Ex.P3161 CrPC statement of PW3

Ex.P4Signature of PW4 on crime details form

Ex.P5Signature of PW4 on rough sketch

Ex.P6Signature of PW4 on panchanama

Ex.P7Crime details form

Ex.P8Rough sketch

Ex.P9Panchanama

Ex.P10Signature of PW5 on crime details form

Ex.P11Signature of PW5 on rough sketch

Ex.P12Signature of PW5 on panchanama

Ex.P13Signature of PW6 on inquest panchanama

Ex.P14Signature of PW6 on inquest panchanama

Ex.P15Signature of PW6 on inquest panchanama

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SC No. 185 of 2019 10/10

Ex.P16 Signature of PW6 on inquest panchanama

Ex.P17Signature of PW6 on inquest panchanama

Ex.P18Signature of PW6 on inquest panchanama

Ex.P19Inquest panchanama

Ex.P20(3) dead body photos and (6) crime bike photos along with CD

Ex.P21Signature of PW8 on confession panchanama

Ex.P22Signature of PW8 on confession panchanama

Ex.P23MVI report

Ex.P24PME report

Ex.P25Signature of PW12 on confession and seizure panchanama

Ex.P26Signature of PW12 on seizure panchanama

Ex.P27Confession panchanama of A1

Ex.P28First Information Report

Ex.P29Sec. 161 CrPC statement of PW13

Ex.P30Breath analysis test report

Ex.P31 Section of alteration memo

Exhibits Marked For Defence

- None -

MOs Marked

MO1TVS motorcycle bearing No.TS-01-EE-6603

III ADDITIONAL SESSIONS JUDGE

ASIFABAD

III Addl.SJ, ASF

-1

IN THE COURT OF THE III ADDL, SESSIONS JUDGE, ADILABAD AT

ASIFABAD

PRESENT: SRI D. VENKATESH Addl. Sessions Judge-Adilabad II At Mancherlal /C: III Addl. Sessions Judge, Asifabad

Monday, this the 23rd day of May, 2022

Crl.M.P.No, 1832022 IN Cr.No.35/2022 of PS, Kerameri

Kota.

1. Enagale Mahadu, S/o. Nivarthi, Age: 52 years, Occ: Agriculture, R/o.

2. Tapagale Bhagvan, S/o. Ganapathi, Age: 45 years, Occ: Agriculture, R/o. Ashapalli village.

3. Vagmare Vaijinath, S/o. Pandari, Age: 40 years, Occ: Agriculture, R/o. Kota village.

4. More Kapil, S/o. Ganapathi, Age: 27 years, Occ: Agriculture, R/o. Kota Village.

5. Tapale Ramdas, S/o. Bhagvan, Age: 24 years, Occ: Agriculture, R/o.Ashapalli village of Jainoor mandal.

6. Talange Manohar, S/o. Shesharao, Age: 45 years, Occ: Agriculture, R/o. Kota village

Petitioners/Accused No.1 to 6 of Kerameri mandal.

IJANDI/ -The State of Telangana through SHO PS, Kerameri

...Respondent/Complainant

This petition coming before me for final hearing on 23. 05.2022 in the Petitioners/Accused No.l to 6 Pradeep Naik, AdvOcates for the and Sri.R. Shyam:Rab; Add.. Public Prosecutor for the State and having heard preşence of Sri B. and perused the material on record, and stood for consideration to till this day this court delivered thefollowing:

cooked in the marriage, -2

ORDE R:

This is a Petition filed U/Sec. 439 of Code of Criminal Procedure by the 1. Petitioners/Accused No.l to 6 requesting to enlarge them on regular bail, who are involved in Cr.No.35/2022 of PS, Kerameri for the offence U/Sec. 306 r/w 34 of

IPC.

2. Brief Facts of the Prosecution Case::

It was alleged by the prosecution that on 29.04.2022 at 8 am Lwl/Mavale

Asha filed police report alleging that on 24.04.2022 the deceased was called by

her villager Wagmare Vaijanath (accused no.3), for as helper for cooking in the

marriage of Ingle Madhav son. T. Ramdas (accused no.5) lost his mobile phone in the marriage. All the accused started harassing the deceased demanding the mobile phone alleging that he has committed theft. On 28.04.2022 a panchyath was conducted in the presence of caste elders in the village wherein, the mediators decided for payment of Rs.5000/- each by the deceased and More

Kapil who were present when the mobile committed for theft. In view of the decision of the mediators, all the accused continued the harassment for payment

On that deceased consumed pesticide poison and died while of money.

undergoing treatment.

Basing on the police report filed by the wife of the deceased a case in 3. "Cr.No. 35/2022 was registered for the offence U/Sec.306 r/w 34 of IPC.

Theearned çounsel for petitioner/accused argued that Petitioners/accused 4 nọ.1 to6are innočent and they are nothing to do with alleged offence. He súbmittėd..thať petitioners are the innocent farmers and they were falsely implicated by the wife of the deceased taking advantage of death of her

SE3

-3 husband. The learned counsel further submitted that entire investigation in the present case is completed and filing of charge sheet is left out. Since, entire investigation is completed he prayed to enlarge the petitioner/Accused on bail

The learned Addl. PP who received notice opposed the bail application and 5 but did not choose to file his counter and arque the matter. Therefore, the matter is treated as heard. However, CD file has been produced by police concerned.

Heard the petitioner. Perused the record. 6.

Now the points that arise for determination is:

7.

1. Whether the petitioner/accused are entitled for grant of regular bail under Section 439 of Cr.P.C.?

2. What order? My answers to the above points are as under:

Point No.1 :: In the positive.

Point No. 2 :: As per final order.

REASONS FOR THE DECISION: 8.

I have carefully gone through the material placed before this POINT NO.1:

Court.

As per the police report, the alleged incident took place on 28.04.2022 at

the house of the deceased at about 8 am. The deceased was shifted to hospital

and was treated but he breath his last at about 10 pm. The element of abetment

appears to be narrow.. Further both parties are same villages and caste people

possibility of influence isremote. The CD file shows recording the statements of

LWs 1 to 8. All the witnesses are the family members of the deceased. Scene of

offence panchanama andinquest panchanama has been conducted. Petitioners

-4 being eaning members of the family is not disputed. Material part of

investigation appears to have complete. Having considering the period of

detention, completion of material investigation and submission of learned counsel, petitioners are admitted to bail.

POINT NO.2:

9 In the result, the petition is allowed and the petitioners/accused no. 1 to 6 are ordered to be enlarged on bail on their executing a bond for Rs.10,000/ (Rupęes Ten Thousand) together with two sureties for the like sum each, to the satisfaction of the learned Addl. Judicial Magistrate of First Class, Asifabad.

Petitioners/Accused No.1 to 6 are hereby directed to appear before SHO

PS, Kerameri on every Monday between 10 am and l pm a period of one month.

Typed to my dictation by the bench typist, corrected and pronounced by me in open court on this the 23rd day of May, 2022.

I| Addl. Sessions Judge (FTC)-Adilabad, At Mancherial. Copy to:

1. The Addl. Judicial First Class Magistrate, Asifabad.

2.The Superintendent, Spl. Sub-Jail, Asifabad

3The SiOPS, Kerameri

4. Sri B.Pradeep'Naik, Advocate for Petitioners/Accused No.1 to 6 (on payment of process).

Rylsloc

Crl.MP 184 of 2022

1/2

IN THE COURT OF III ADDITIONAL SESSIONS JUDGE ADILABAD

AT ASIFABAD

PRESENT: SRI K. SUDARSHAN, Il ADDL. SESSIONS JUDGE

Wednesday, this the 18h day of May, 2022

Crl MP No. 184 of 2022 in Crime No.28 of 2022 of PS Kasipet

Durgam Venkateshwarlu S/o Chinna Banaiah, Age: 53 years, Occ: SCCL Employee, R/o H.No.11-76, Subhash colony, Jaya Shankar, Bhoopallpally district.

.Petitioner/Accused

And

The State of Telangana through the SHO, PS Kasipet Represented by Additional Public Prosecutor, Asifabad.

Respondent/Complainant Counsel for Petitioner Sri P. M. Rajeev Reddy, Advocate.

Additional Public Prosecutor

Counsel for Respondent

This petition coming on 17.05.2022 for Final hearing; upon hearing the counsel on record and considering the material on record and having stood over for consideration till this day, this Court has made the following:

ORDER

1. This is a petition filed under Section 439 CrPC,1973 by the petitioner/accused praying to grant bail to him in Cr.No.28 of 2022 of Kasipet police station registered for the offences punishable under section 307, 294-B and 506 of Indian Penal Code, 1860.

2. Notice of the petition is given to Addl. Public Prosecutor. Counter is filed by him, opposing the petition.

3. The case of the prosecution is that LW1 married LW3/daughter of the açcused,.out of love six months ago and the accused being aggrieved by it, bore

grudgè, ägäinst the family of LW1 and accordingly at the relevant time of

incident, while LW2/injured/father of LW1 was sitting on a chair, the accused attacked him from backside with a blade on his neck and right hand, abused him in filthy language, threatened with dire consequences to kill him and caused

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CrLMP 184 of 2022

bleeding injuries to LW2. LW2 was taken to Government Hospital, Bellanmpally for treatment. The acCUsed was femanded to judicial custody on 07.04.2022.

4. The accused alleged falsity of the case of the prosecution and his innocence.

5. Heard both sides and perused the record.

6. It is seen from the record that the accused being aggrieved by the love

marriage of LW1 with his daughter, bore grudge against the family of LW1 and at

the relevant time of the incident, while LW2 who is father of LW1 was sitting on a

chair, attacked him with a blade from back side on his neck and right hand and

caused bleeding injuries, due to which the injured was shifted to Government

Hospital. Charge-sheet is filed. However, considering the nature of the act committed by the accused, he can be enlarged on stringent conditional bail to secure safety to the family of the victim. Considering the same, the accused can be enlarged on conditional bail.

7. In the result, the petition is allowed and consequently the petitioner/accused shall be enlarged on bail on his execution of a personal bond for Rs.15,000/-(Rupees fifteen thousand only) and Furnishing two sureties for the like sum each to the satisfaction of the Court of Judicial Magistrate of First Class

Bellampally and on condition that the petitioner/accused shall appear before the

Station House Officer of PS concerned on every Sunday and Wednesday for a period of(3) months and shall not threaten the witnesses in any manner.

Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court on this the 18h day of May, 2022.

Il ADDL.SESSIONS JUDGE

ASIFABAD.

Copy to:

1. The Judicial Magistrate of First Class, Bellampally.

2. The Superintendent Spl. Sub-Jail, Asifabad

3. The Station House Officer, PS Kasipet.

4. Sri P.M. Rajeev Reddy, learned counsel for petitionerfaccused.

III AddLSJ

talse

IN THE COURT OF THE III ADDITIONAL DISTRICT JUDGE, AT

KUMURAM BHEEM ASIFABAD

Present:- III Additional District Judge, K.B. Asifabad.

Dated this the 17th day of May, 2022

MVOP.No.83 of 2022

Between:-

Boddula Shirisha W/o. Late Srinivas and (03) others … Petitioners AND

Arigela Sudhakar Rao S/o. Anjaiah and (01) other … Respondents

DOCKET ORDER

Register as MVOP No.83 of 2022. Issue notices to respondents through court and Register Post by 09.06.2022. Made over to II Addl. District and Sessions Court, Mancherial, for disposal as per law on the point of jurisdiction. Given under my hand under the seal of the Court on this the 17 th day of

May, 2022.

Sd/-

III Additional District Judge, K.B. Asifabad.

IN THE COURT OF THE III ADDITIONAL DISTRICT JUDGE, AT

KUMURAM BHEEM ASIFABAD

Present:- III Additional District Judge, K.B. Asifabad.

Dated this the 17th day of May, 2022

MVOP.No.84 of 2022

Between:-

Ramalla Shankaramma W/o. Shankar and (01) other … Petitioners AND

Bollikonda Bixam S/o. Narsaiah and (02) others … Respondents

DOCKET ORDER

Register as MVOP No.84 of 2022. Issue notices to respondents through court and Register Post by 09.06.2022. Made over to II Addl. District and Sessions Court, Mancherial, for disposal as per law on the point of jurisdiction.

Given under my hand under the seal of the Court on this the 17 th day of

May, 2022.

Sd/-

III Additional District Judge, K.B. Asifabad.