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IN THE COURT OF SPECIAL JUDGE FOR TRIAL OF CASES UNDER
SCs & STs (PoA) ACT, 1989-CUM-VIII ADDITIONAL DISTRICT AND
SESSIONS JUDGE, WEST GODAVARI :: ELURU.
Present: Smt. Sunitha Kondabolu,
Special Judge for Trial of Cases under SCs & STs (PoA) Act-cum-
VIII Additional District and Sessions Judge.
Thursday, this the 25th day of June, 2020.
SC. ST. SESSIONS CASE No.44/2019
Name of the Accused Kapakayala Sambasiva Nageswara Rao, and particulars : S/o.Satyanarayana, Aged 34 years, Caste: Kapu, D.No.5-42, Near Kotha Cheruvu, Kadiyam Street, 5th Ward, Duvva Village, Tanuku Mandal.
Charge : Under Sections 302, 324 of I.P.C. and Section 3(2)(v) of SCs & STs (POA) Amendment Act, 2015 against accused.
Plea of the accused : Pleaded not guilty
Finding of the judge : Found not guilty for the offence under Section 3(2)(v) of S.Cs., & S.Ts., (POA) Amendment Act, 2015. But found guilty for the offences under Sections.302 and 324 IPC.
Sentence or Order : In the result, the accused convicted under Section 235(2) Cr.P.C is sentenced to undergo life imprisonment and shall pay a fine of Rs.500/- (Rupees Five Hundred Only) in default to suffer simple imprisonment for Six months for the offence under Section 302 IPC. He is further sentenced to undergo rigorous imprisonment for a period of one year for the offence under Section 324 IPC. Both the sentences of imprisonments shall run concurrently. The accused is entitled to benefit of set off under Section 428 Cr.P.C. He is in judicial custody since 25.10.2018. The property deposited in C.P.No.21/2019 i.e., M.O.1 Red and Black Colour Hero Company Spring Model Small Bicycle belonged to the deceased shall be handed over to PW.1/Battu Narasimha Murthy being his father, M.O.2 Blood stained and controlled earth, M.O.3 Stout stick, M.O.4 Light biscuit colour long hand cotton shirt and M.O.6 Black colour Lungi with multi colour dots and flower design shall be destroyed and further M.O.5 Hero Ignitor motorcycle bearing No.AP 16 AX 3148 used in commission of offence shall be confiscated to state after appeal time is over. The accused is appraised of his right to prefer appeal in appellate Court and legal aid if he has no means to engage a counsel.
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Counsel for the : Smt.D.Sreevani Bai, Special Public Prosecutor, W.G. prosecution District, Eluru.
Counsel for defence : Sri,K.Vijaya Bhaskar, Legal Aid Counsel for Accused.
This case is coming on this day of 11.6.2020 for hearing before me through whatsapp video conference and, after hearing both sides and after perusing the material on record, having stood over for consideration till this day, the Court delivered the following:-
J U D G M E N T
The Sub-Divisional Police Officer, Kovvur Sub-Division laid charge sheet against the accused in Crime No.229/2018 of Tanuku Rural Police
Station for the offences under Sections 302, 324 of I.P.C. and Sec.3(2)(v) of SCs & STs (POA) Amendment Act, 2015.
2. The accused namely Kapakayala Samba Siva Nageswara rao is
Kapu by caste and resident of Duvva Village of Tanuku Mandal. The deceased
Battu Srinu also belonged to Duvva Village and he is SC Mala by caste and eking out livelihood by coolie works and his wife and two children are dependent on him. As per the prosecution story there had been an altercation between deceased and accused at Surya Wine shop situated at Duvva on 22.10.2018 at 1.15 PM and they were asked to go away from the shop by the workers but they left the shop at 4.20 PM and 4.23 PM respectively.
3. While so, the deceased proceeded to his village on his red colour cycle at 4.20 PM from Surya Wine Shop and accused also went out on his motorcycle bearing No. AP 16 AX 3148 towards burial ground. It is alleged that the accused waylaid the deceased at burial ground on Duvva-Varighedu road at 4.30 PM on 22.10.2018 and had altercation with him regarding the earlier scuffle at wine shop. The accused stopped the deceased and dragged him into burial ground and picked up a stout and blunt stick and beat him indiscriminately on his face and head. The deceased received severe bleeding injuries over the left side of his mouth, left eye and also on his head. Then PW.3
Addanki Venkanna and LW.6/Cheeli Naresh passing through the burial ground road tried to rescue the deceased from the accused. But the accused hurled stones against them due to which PW.3 sustained injury over his right great toe. Thereafter the accused dragged the deceased up to Vayyeru canal abutting the burial ground and later ran away on the arrival of public.
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4. On the information given by PW.3 about the incident
PW.1/B.Narasimha Murhty, father of the deceased rushed to the spot and found dead body of his son. He lodged report in Tanuku Rural Police Station on 22.10.2018 at 8.30 PM. PW.13/Ch.V.Ramesh, SI of Police, Tanuku Rural P.S registered a case in Cr.No.229/2018 under Section 302 IPC and Section 3(2)(v) of SCs & STs(POA) Amendment Act, 2015. PW.14/S.Venkateswara rao, SDPO, Kovvur after obtaining authorization proceedings took up investigation on 22.10.2018 at 9.30 PM. In course of investigation he has examined PW.2/K.Somaiah, LW.3/M.Seshagiri Rao and recorded their statements. He also got drafted scene observation report on 23.10.2018 in the presence of PW.7/V.Siva Rama Krishna, LW.14/M.Venkata Satyanarayana and got photographed the scene and also dead body by PW.5/M.Srinivasu. He also seized controlled earth and blood stained earth and Hero red and black colour spring cycle of the deceased from the scene of offence in the presence of above mediators. The dead body of the deceased was sent for postmortem examination after conducting inquest where it was opined by the panchayatdars that the death of the deceased was homicide.
5. A team of two doctors PW.8/Dr.K.V.Sri Lakshmi, LW.19/Dr.
S.Rajarajeswari conducted postmortem over dead body. PW.14 also examined and recorded statements of Pws.1 to 6 and other witnesses and also forwarded the viscera collected by above doctors from the dead body to RFSL, Vijayawada for chemical analysis. At the time of postmortem examination black colour
Lungi with colour dots and flower design wore by the deceased was handed over by PW8 Medical officer to PW10 which was handed over to PW.14 on 23.10.2018. PW14 was also handed over pen drive containing the CC footage visuals of 22.10.2018 from 3.30 PM to 4.30 PM from Surya Wine shop collected by PW11.
6. The accused was arrested on 25.10.2018 at 11.00 AM by PW.14 and his confession statement was recorded in the presence of PW.7 and
LW.14/M.Venkata Satyanarayana. He also seized light biscuit colour full hands cotton shirt with label KS3 Fashion and also crime weapon i.e., Blunt stick and
Hero Ignitor white colour motorcycle from the accused in the presence of mediators. Later the accused was sent for remand on 25.10.2018 and he was sent to judicial custody. PW.14 also collected caste certificates of accused, deceased and also PW.1 besides PM report and wound certificate of PW.5 and filed charge sheet on completion of investigation.
4 7. The case was taken cognizance of the offences under Sections
302,324 IPC and Section 3(2)(v) of SCs and STs (POA) Amendment Act,
2015 against accused. He was furnished with copies under Section 207
Cr.P.C.
8. After appearance of accused produced from judicial custody before the Court and after hearing prosecution and accused, charges under Sections
302, 324 IPC and Section 3(2)(v) of SCs and STs (POA) Amendment Act,
2015 are framed, read over and explained to him in Telugu. He pleaded not guilty and claimed to be tried.
9. During the course of trial, the prosecution has examined P.Ws.1 to 14 and marked Exs.P.1 to P.18 and M.Os.1 to 6. Thus, the prosecution evidence is closed.
10. The accused denied the incriminating evidence appearing against him in 313 Cr.P.C, examination as false and no oral and documentary evidence is adduced on his side. His case is total denial.
11. Heard the Learned Special Public Prosecutor and Legal Aid counsel
for accused through Whatsapp Video Conference.
12. Now, the Points for determination are:-
1. Whether the accused committed murder by intentionally causing death of deceased Battu Srinu by beating him with a stout and blunt stick indiscriminately over his face and head on 22.10.2018 at 4.00 PM at Burial Ground on Duvva –Varighedu road in the outskirts of Duvva Village and thereby committed the offence punishable under Section 302 IPC ?
2. Whether accused voluntarily caused hurt to PW3 Addanki Venkanna by means of stone and thereby committed an offence punishable u/s.324 IPC?
3. Whether the accused not being the member of Scheduled Caste or Scheduled Tribe, murdered the deceased Battu Srinu belonged to Scheduled Caste and committed the offence of Murder punishable with imprisonment for life knowing that he is member of Scheduled Caste and thereby committed the offence punishable
u/s.3(2)(v) of S.Cs., & S.Ts., (POA) Amendment Act, 2015?
4. Whether the prosecution has proved the guilt of accused for the Offences under sections 302,324 of I.P.C. and Sec.3(2)(v) of SCs & STs (POA) Amendment Act, 2015 beyond all reasonable doubt?
13. POINT Nos.1 to 3:-
As per the charges leveled against the accused he has committed murder of the deceased Battu Srinu by beating him with a stout and blunt stick over his face and head with an intention to cause his death. It is also an 5 allegation and another charge framed against him that he voluntarily caused hurt to PW.3/Addanki Venkanna by pelting stones against him when he interfered to rescue the deceased. The above incident was alleged to have been occurred on 22.10.2018 at 4.00 PM at burial ground located on Duvva-
Varighedu Road in the outskirts of Duvva Village. According to prosecution the motive behind the above incident was altercation between the deceased and the accused at Surya Wines in Duvva Village. Another allegation is that the accused being non SC and ST member committed murder of the deceased knowing that he is a Scheduled caste person.
14. To prove the above allegations in attracting the charges under
Section 302 and 324 IPC against the accused the prosecution has examined 14 witnesses in total. PW.1 is the father of the deceased who rushed to the scene of offence situated at burial ground on Duvva - Varighedu road after coming to know about the alleged incident of the accused beating the deceased indiscriminately with a stout stick through PW.3 Addanki Venkanna. He also gave report marked as Ex.P1 after he found the dead body of his deceased son at the scene. The prosecution has examined PW.2 who worked as supplier in
Surya Wine shop by the date of incident in the year 2018 as an witness for the altercation between the deceased and accused prior to the alleged incident.
PW.3 is cited as eye witness who said to have witnessed the accused beating the deceased with a stout stick. PW.4 is the younger brother of the deceased who accompanied PW.1 to scene of offence after the alleged incident.
15. The photographer who took Ex.P2 photographs Nine in number related to the scene and dead body of the deceased lying there was examined as PW.5. PW.6 is sales man worked in Surya Wines as on the date of alleged incident who also witnessed the alleged altercation between deceased and accused. PW.7 is the then VRO, Duvva Village who acted as mediator for the examination of scene and seizure of M.O.1 Hero Bicycle of the deceased and also M.O.2 blood stained and controlled earth under Ex.P2 scene observation report. He also spoke about his presence at the time of inquest over the dead body and arrest of the accused and seizure of M.O.3 stout stick and M.O.4 blood stained shirt of the accused and also his M.O.5 motorcycle in pursuance of his confession under Ex.P5 mediator report marked to the extent of recovery.
PW.8 is the Doctor who conducted postmortem examination over the dead body of the deceased and gave Ex.P8 final opinion based on Ex.P7 RFSL report and 6
Ex.P6 PM report findings. PW.9 is the Doctor who examined PW.3 and issued
Ex.P9 wound certificate for the injury said to have been received by him.
16. PW.10 is the then police constable of Tanuku P.S. who guarded dead body of the deceased at the scene and collected M.O.6 black colour lungi worn by the deceased at the time of PM examination handed over by PW8.
PW.11 is the Head constable of Tanuku P.S who collected CC footage of Surya
Wines, Duvva into Ex.P16 pen drive and loaded the same into Ex.P17 CD which contains the altercation between the deceased and the accused. PW.12 is the Tahsildar who issued Ex.P10 to 12 caste certificates of PW.1, deceased and also the accused. PW.13 SI of Police received Ex.P1 report from PW.1 and registered a case and issued Ex.P13 FIR. The material part of the investigation was conducted by PW.14 the then SDPO, Kovvur after obtaining Ex.P14 authorization proceedings from Superintendent of Police, Eluru as the accused is Scheduled caste person and provisions of SC ST Act are also involved. He also prepared Ex.P15 rough sketch of the scene and collected Ex.P18 RFSL report in course of investigation and arrested the accused and filed charge sheet.
17. The learned Public Prosecutor argued that evidence of P.Ws. 1 and 3 and 4 is in corroboration with each other. It is argued that P.W. 3 being eye witness to the murder committed by the accused deposed consistent version. It is further argued that P.W.2 and 6 workers in Surya Wines also categorically deposed that they saw the accused and deceased having altercation with each other on the day of incident. It is argued that their evidence is being corroborated by PW.11 Head constable who recorded CC footage into a pen drive and from there into a CD. It is also the argument that P.W.5 photographer, PW.7 VRO evidence establish the scene of offence at burial ground on Duvva-Varighedu Road. It is argued that PW.7 supported the prosecution version and investigation conducted by PW.14 I.O in respect of seizure of M.Os.1 and 2 from the scene of offence and MO.3 stout stick and
MO.4 blood stained earth of the accused and MO.5 is motorcycle in pursuance of his confession.
18. It is argued that the evidence of PW.8/Doctor proves the fact that the deceased received multiple injuries on vital organs of his body and further
PW.9 corroborated the fact that PW.3 received simple injury. It is the argument that PW.10 Police constable deposed about the seizure of clothes of the deceased collected from PW.8/Doctor and PW.12 Tahsildar spoke about caste 7 certificates issued by him in proving the fact that the deceased is scheduled caste person and accused is non SC and ST member. It is the argument that
Pws.13 and 14 who issued FIR and conducted material part of the investigation deposed in support of the investigation conducted by them which is being corroborated by other prosecution witnesses. It is argued that the defence could not elicit any material contradictions and omissions in the evidence of prosecution witnesses. It is further argument that prosecution could prove the guilt of the accused beyond all reasonable doubt for the offences with which he has been charged and he is liable for conviction.
19. It is the argument of the legal aid counsel for the accused that motive on part of the accused is not established by the prosecution and there are discrepancies in the evidence of PWs. 1 to 6 and their evidence is not trustworthy and consistent. It is argued that Ex.P1 report did not contain the name of PW.3 eye witness and alleged information given by him about the alleged incident. It is further argued that the entire incident is a weaved story and the accused is no way related to the death of the deceased and he has been implicated in a false case by the family of the deceased so as to get compensation from the Government.
20. It is also the argument that the prosecution has given up the other eye witnesses and further PW.3 is also planted witness. It is argued that stick was not seized from the scene of offence and alleged seizure from the accused is nothing but invented. It is argued that PW.14 I.O also deposed different version about the location of scene of offence and no traces of alleged incident on ground at the alleged scene. It is argued that the prosecution could not link the chain of evidence and PW.2 and 6 are also planted witnesses and their evidence is not trustworthy and further PW.12 Tahsildar issued caste certificates without proper enquiry.
21. It is argued that the evidence of PW14 investigating officer is found to be false. It is the argument that the accused is falsely implicated in the case and the prosecution could not bring home the guilt of the accused for the offence under Sections 302 and 324 of IPC and Section 3(2)(v) of SCs &
STs(POA) Act, 1989., and the accused is entitled to acquittal.
22. The essential ingredients of the offence under Section 302 IPC are
1. Death of a human being was caused; 2. Such death was caused by or in consequence of the act of the accused; 3. Such act was done (a) with the intention of causing death, or (b) that the accused knew it to be likely to cause 8 death, or (c) that the injury was sufficient in the ordinary course of nature to cause death. In order to attract the offence under Section 324 IPC the prosecution has to prove that the accused voluntarily caused hurt to PW.3 by pelting stone. It is to be proved by the prosecution that the accused being non
SC and ST member committed murder of the deceased on the ground that he is a Scheduled caste person to attract the Section 3(2)(v) of SCs & STs(POA)
Amendment Act, 2015.
23. As per the evidence of PWs.1 and 4 father and brother of the deceased whose version is hearsay and PW.3 eye witness the death of the deceased was due to severe beatings with a stout stick over his face and head by the accused. It is also the evidence of PW.8 Doctor who conducted PM examination on the dead body of the deceased giving detailed account of the injuries that the death of the deceased was due to the multiple injuries.
24. The oral testimony of P.Ws. 1,3,4 coupled with the evidence of PW8
Doctor and observations in Ex.P6 Post Mortem report, Ex.P7 RFSL report and
Ex.P8 final opinion of the deceased Battu Srinu discloses that his death was due to multiple injuries and injury to vital organs such as brain. The cause of death as per Ex.P6 Post Mortem report findings and Ex.P4 inquest report is out of Hemorrhage and shock due to above injuries sustained by the deceased
Battu Srinu. The defence has not disputed the death of the deceased and also cause of his death as otherwise than that of the findings recorded in Ex.P6 Post
Mortem report. Therefore it is proved fact that the death of the deceased was homicide.
25. Now the prosecution has to prove that the death of the deceased was caused by the accused by beating him with stout stick marked as MO.3 with an intention of causing his death. The motive behind the above incident is previous altercation between accused and deceased in Surya Wines at Duvva
Village. PW.1 and 4 are the father and brother of the deceased and both of them deposed in single voice that on 22.10.2018 at 5.00 PM PW.3 came to their house in running state and informed that the deceased was being beaten by the accused at burial ground with a stick. It is also the evidence of PW.1 that PW.3 also informed him that the accused threatened to kill PW.3 when he intervened.
They have deposed that they rushed to the burial ground in the village and found the dead body of the deceased in a pool of blood. PW.1 deposes that he found bleeding injury over the head of his son and face stained with blood.
26. Evidently PW.1 and 4 are not eye witnesses and their evidence regarding the alleged incident is hearsay on the information given by PW.3.
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However their evidence about the scene of offence at burial ground and PW.1 noticing bleeding injury over the head of his son and face stained with blood is being corroborated by PW.7 VRO in whose presence scene of offence was examined and inquest was held over the dead body of the deceased under Ex.P3 and P4. Moreover Ex.P2 photographs of the scene of offence and dead body of the deceased taken by PW.5 photographer is also in conformity with the evidence of PW.1 showing bleeding injury over the head of the deceased and blood stained face.
27. PW.8/Doctor deposed in corroboration to Ex.P6 PM report issued by him which is not in dispute. It is found from the recitals therein that the deceased received two crush injuries on the left side of his face, cheek and nose with multiple fracture of nasal bones and left maxillary bone and also over mouth with disruption of all teeth in both jaws with multiple fracture of maxilla and mandible of left side. It is also mentioned there that the deceased received two irregular lacerations over cheek and also over left auricle with blood clot and also laceration over forehead on left side. Further large multiple abrasions seen on the back of the chest and multiple contusions over right arm, left fore arm near elbow. It is also seen that scalp contains multiple contusions over left frontal and temporal areas and there was fracture of temporal and frontal bones of left side. From the above it is clear that deceased sustained multiple injuries particularly over his face and head. Ex.P1 report lodged by PW.1 was also being stated by PW.11 SI of Police also contains the fact of blood stained face of the deceased with head injury.
28. PW.3 is the crucial witness in this case being an eye witness to the incident and his unshattered evidence discloses that the accused coming on motorbike towards Duvva Village came across the cycle of the Battu Srinu. It is also his evidence that the accused stopped the deceased and slapped on his cheeks and dragged him into burial ground. He deposes categorically that the accused picked up a stout stick and beat over face and head of the deceased indiscriminately. He further deposes that when he tried to open the gate of the burial ground the accused pelted stones against him and one of the stones hit his right toe and he received injury. He also corroborates the fact of giving information of the incident to PWs.1 and 3.
29. Some discrepancies as pointed out by the defence counsel in the form of contradictions were found in the evidence of PWs.1 to 3 about PW.3 giving information and his attempt to intervene in the incident. But the said discrepancies are not at all material or sufficient to affect the core case of the 10 prosecution. It is settled law that while appreciating the evidence of a witness, minor discrepancies on trivial matters without affecting the core of the prosecution case, ought not to prompt the court to reject evidence in its entirety. Difference in some minor detail, which does not otherwise affect the core of the prosecution case, even if present, that itself would not prompt the court to reject the evidence on minor variations and discrepancies.
30. As can be seen from the evidence of PW7 VRO it is deposed that
PW.14 seized MO.1 red and black colour Hero Company spring model small bicycle and collected MO.2 blood stained earth and controlled earth at the scene of offence under Ex.P3 and also got photographed the scene. He also spoke about inquest held over the dead body of the deceased under Ex.P4 inquest report and conclusion that the deceased was beaten by the accused with MO.3 stout stick and killed him. He also spoke about seizure of MO.3 stick and MO.4 light biscuit colour cotton shirt from the possession of the accused in pursuance of his confession cum seizure report under Ex.P4. MO.5 Hero Ignitor motorcycle bearing No.AP 16 BX 3148 which was also seized from the possession of the accused was also marked through PW.7.
31. The evidence of PW.9 Doctor reveals that he treated PW.3 who received simple injury as mentioned in Ex.P9 wound certificate. PW.10 another constable spoke about handing over of MO.6 lungi worn by the deceased collected from PW.8 Doctor at the time of PM examination over the dead body of the deceased. PW.9 another Doctor who treated PW.3 deposed in corroboration to Ex.P9 wound certificate issued by him stating that PW.3 received mild contusion and pain over right great toe which is simple in nature.
32. PW.14 I.O. narrated investigation conducted by him after obtaining
Ex.P4 proceedings. He deposed regarding examination of scene of offence and
Ex.P15 rough sketch prepared by him. He also spoke about inquest conducted over the dead body of the deceased and seizure of MOs.1 to 5 from the scene of offence and from the house of the accused besides collection of MO.6 lungi by
PW.10 police constable from PW.8 Doctor. The evidence of PWs 1, 3 and 4 is in corroboration to the medical evidence of PW.8 and 9. Ex.P9 wound certificate issued by PW9 discloses that PW.3 also received simple injury caused by stone object.
33. The case of the accused in 313 Cr.P.C., examination is total denial with a contention that he is no way related to the alleged offence and has been implicated in a false case. As per the defence version the accused is total stranger to all the prosecution witnesses. But the defence could not elicit any 11 circumstances from the evidence of the witnesses to implicate him in a false case. It is evident that the death of deceased Battu Srinu was caused due to multiple injuries on vital organs of the body like head and there are no suspicious circumstances surrounding his death except the alleged incident of the accused beating him with MO.3 stick.
34. The argument of the defence counsel is that PW.3 is a planted witness. The defence could not suggest and attribute any ill motive to the above referred witnesses to speak falsehood against the accused. PW3 categorically spoke about the presence of the accused at the scene of offence and also about witnessing him beating the deceased with MO.3 stick. The omissions found in the evidence of Pws.1, 3 and 4 are not material to the prosecution case and their evidence cannot be discarded on that ground as discussed above. Even as per the settled law solitary testimony of eye witness is sufficient to convict the accused provided the said testimony inspires truth.
35. Apart from the oral evidence of P.Ws. 1, 3 and 4 the seizure of
MO.3 stout stick and MO.4 light biscuit colour long hand cotton shirt besides
Mo.5 Hero Ignitor motorcycle from the accused in pursuance of his confession under Ex.P5 is being corroborated by PW7. The seizure of the above material objects also proves the fact that the accused used MO3 stout stick in beating the deceased Battu Srinu.
36. The accused did not submit any explanation for the seizure of M.O.
3 stick from his possession. Moreover, it is his contention that he has been falsely implicated in the case. But in the absence of any circumstances elicited from the evidence of P.Ws. 13 and 14 investigating officers, there is no merit in said contention.
37. Now the question falls for consideration is whether the act of the accused resulted in death of the deceased Battu Srinu comes under the offence of murder defined under section 300 of IPC. It is found proved from the evidence on record that the accused has beat the deceased and also PW.3 who intervened to rescue the deceased and caused bodily injuries to the deceased with an intention to cause death and also simple injury to PW.3.
Pws.2 and 6 spoke about the presence of the accused and deceased in Surya
Wine Shop at Duvva Village and also the altercation between them which is the motive behind the offence.
38. It is also the evidence of PW.14 that he collected CC TV footage in
Surya Wines in Ex.P16 pen drive which was loaded into Ex.P17 CD. So also it is the evidence of PW.11 that in course of investigation he collected CC footage 12 into his pen drive and later loaded into a CD handed over to PW.14. But the contents of Ex.P16 and P17 were not get displayed by the prosecution. However the evidence of PW.2 and 6 is consistent in proving the fact of altercation between the deceased and accused at their Wine shop on 22.10.2018 prior to the alleged incident. From the evidence of PW.3 it is evident that the accused having intention to kill the deceased had way laid him with his motorcycle in front of the burial ground and dragged him inside of the ground and beaten him to death.
39. The multiple injuries sustained by the deceased on vital parts of his body including the head injury indicates that the accused had knowledge that the injuries caused to the deceased are likely to cause his death. Therefore the case falls under Section 300 of IPC punishable under section 302 of IPC.
Therefore, on careful scan of the evidence on record it is concluded that the accused has committed the offence of murder and further voluntarily caused hurt to PW.3 by dangerous weapon like stone in attracting the offences under
Sections 302 and 324 of IPC.
40. As regards the charge under Section 3(2)(v) of SCs &
STs(POA) Amendment Act, 2015 it is the allegation that the accused being non
SC and ST member committed murder of the deceased belonged to Scheduled caste. It is evident from the testimony of P.W.12, the then Tahsildar, Tanuku that she has issued Ex.P.10 caste certificate of PW.1 and Ex.P11 caste certificate of the deceased stating that they belonged to Mala SC community.
The caste certificate of accused under Ex.P.12 issued by PW12 Tahsildar also establish the fact that he belongs to Kapu OC community other than SC & ST community. The caste of the deceased and accused could not be disputed by the defence.
41. Section 3(2)(v) of S.Cs., & S.Ts., (POA) Amendment Act, 2015 states that whoever not being a member of Scheduled Caste or Scheduled Tribe commits any offence under the Indian Penal Code (45/1860) punishable with imprisonment for a term of 10 years or more against a person or property (knowing that such person is a member of Scheduled Caste or a Scheduled
Tribe or such property belongs to such member) shall be punishable with imprisonment for life and with fine.
42. It is clear from the aforesaid provision that the prosecution shall prove that accused had knowledge that the deceased belonged to Scheduled caste. But in the case at hand, accused and deceased are strangers to each other. It is not at all the case of the prosecution that the accused got any prior 13 acquaintance with the deceased and no evidence has been brought to show that
before commission of offence accused had knowledge that the deceased
belonged to Scheduled caste. In such a case, the prosecution could not establish the offence under Section 3(2)(v) of S.Cs., & S.Ts., (POA) Amendment
Act, 2015 and the charge under the said provision fails against the accused.
Points 1 to 3 are answered accordingly.
43. POINT No.4:-
It is found from the foregoing discussion that the prosecution could establish the guilt of the accused beyond all reasonable doubt for the offences Under Sections 302 and 324 IPC. But the charge under Section 3(2)(v) of S.Cs., & S.Ts., (POA) Amendment Act, 2015 against the accused could not be established by the prosecution beyond all reasonable doubt. Thus point is answered.
44. In the result, the accused is found not guilty for the offence under
Section 3(2)(v) of S.Cs., & S.Ts., (POA) Amendment Act, 2015 and acquitted under Section 235(1) Cr.P.C. But the accused is found guilty for the offences under Sections 302 and 324 IPC and he is convicted under Section 235(2)
Cr.P.C.
(Sd/-Smt.Sunitha Kondabolu)
Special Judge for Trial of Cases under
SCs & STs (POA) Act-cum-VIII Additional District &Sessions Judge, W.G., Eluru.
45.Heard the accused on quantum of sentence Under Section 235(2) Cr.P.C for the offences punishable under Sections 302 and 324 IPC. The accused stated that his wife, children and old aged parents are dependent on him. The punishment prescribed Under Section 302 IPC is death or life imprisonment and fine and it is not a rarest of rare cases to impose death penalty and life imprisonment is the minimum punishment.
46.In the result, the accused convicted under Section 235(2) Cr.P.C is sentenced to undergo life imprisonment and shall pay a fine of Rs.500/-(Rupees
Five Hundred Only) in default to suffer simple imprisonment for Six months for the offence under Section 302 IPC. He is further sentenced to undergo rigorous imprisonment for a period of one year for the offence under Section 324 IPC.
Both the sentences of imprisonments shall run concurrently. The accused is entitled to benefit of set off under Section 428 Cr.P.C. He is in judicial custody since 25.10.2018.
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47. The property deposited in C.P.No.21/2019 i.e., M.O.1 Red and
Black Colour Hero Company Spring Model Small Bicycle belonged to the deceased shall be handed over to PW.1/Battu Narasimha Murthy being his father, M.O.2 Blood stained and controlled earth, M.O.3 Stout stick, M.O.4
Light biscuit colour long hand cotton shirt and M.O.6 Black colour Lungi with multi colour dots and flower design shall be destroyed and further M.O.5 Hero
Ignitor motorcycle bearing No.AP 16 AX 3148 used in commission of offence shall be confiscated to state after appeal time is over.
The accused is appraised of his right to prefer appeal in appellate Court and legal aid if he has no means to engage a counsel.
Directly typed to my dictation by the Personal Assistant, corrected and
pronounced by me, through Whatsapp Video Conference, this the 25th day of
June, 2020.
(Sd/-Smt.Sunitha Kondabolu)
Special Judge for Trial of Cases under
SCs & STs (POA) Act-cum-VIII Additional District &Sessions Judge, W.G., Eluru.
APPENDIX OF EVIDENCE
Witnesses examined
For Prosecution:
P.W.1: Battu Narasimha Murthy. P.W.2: Kothapalli Somayya @ Swamy. P.W.3: Addanki Venkanna. P.W.4: Battu Arjuna. P.W.5: Miriyala Srinivasu. P.W.6: Chintana Narayana. P.W.7: Vemuri Siva Rama Krishna. P.W.8: Dr.K.V.Sri Lakshmi. P.W.9: Dr.U.Raghavendra Rao. P.W.10: B.Rambabu. P.W.11: D.Srinivas. P.W.12: K.V.V.Satyavathi. P.W.13: Ch.V.Ramesh. P.W.14: S.Venkateswara Rao.
For Defence: None
Documents marked
For Prosecution:
Ex.P.1/22.10.2018 Report of PW.1. Ex.P.2/19-08-2011 Nine photographs of the dead body and scene of Offence along with CD. Ex.P.3/23.10.2018 Scene observation report. Ex.P.4/23.10.2018 Inquest report.
15
Ex.P.5/25.10.2018 Mediator report for confession cum seizure. Ex.P.6/23.10.2018 Postmortem certificate. Ex.P.7/15.2.2019 RFSL report. Ex.P.8/21.2.2019 Final opinion. Ex.P.9/5.2.2019 wound certificate of PW.3. Ex.P.10/25.10.2018 Caste certificate of PW.1. Ex.P.11/25.10.2018 Caste certificate of deceased. Ex.P.12/25.10.2018 Caste certificate of accused. Ex.P.13/22.10.2018 FIR. Ex.P.14/22.10.2018 Proceedings. Ex.P.15/23.10.2018 Rough sketch. Ex.P.16/ Pen drive. Ex.P.17/ C.D for Ex.P16 recording. Ex.P.18/21.2.2019 RFSL report.
For Defence: - NIL –
Material Objects marked: -
MO1: Red and black colour Hero company spring model small bicycle. MO2: Blood stained and controlled earth. MO3: Stout stick. MO4: Light biscuit colour long hand cotton shirt. MO5: Hero IGNITOR Motorcycle bearing No.AP 16 AX 3148. MO6: Black colour lungi with multi colour dots and flower design.
(Sd/-Smt.Sunitha Kondabolu)
Special Judge for Trial of Cases under
SCs & STs (POA) Act-cum-VIII Additional District &Sessions Judge, W.G., Eluru.
Copies to: (Electronic Media)
1. The Registrar (Judl.) High Court of Andhra Pradesh at Nelapadu, Guntur District (through C.D).
2. The District Collector, West Godavari District, Eluru.
3. The Superintendent of Police, West Godavari, Eluru.
5. The Director of Prosecution, Vijayawada.
6. Smt.D.Sreevani Bai, Special Public Prosecutor, West Godavari, Eluru.
16 TABULAR FORM ANNEXED TO THE JUDGMENT IN SC ST S.C.No.44/2019 ON THE FILE OF SPECIAL JUDGE FOR TRIAL OF CASES UNDER SCs & STs (POA) ACT, 1989-CUM- VIII ADDITIONAL DISTRICT AND SESSIONS
JUDGE, WEST GODAVARI, ELURU UNDER RULE 354 OF THE CRIMINAL
RULES OF PRACTICE.
1. Sessions Case No. and : SC ST S.C.No:44/2019 P.R.C.No. with name of the committal Court
2. Name of the Police : Tanuku Rural Station, Cr.No.229/2018. Station and Crime No.
3. Description of the : Kapakayala Sambasiva Nageswara Rao, Accused: S/o.Satyanarayana, Aged 34 years, Caste: Kapu, D.No.5-42, Near Kotha Cheruvu, Kadiyam Street, 5th Ward, Duvva Village, Tanuku Mandal.
4. Date of Offence : 22.10.2018
Complaint : 22.10.2018
Apprehension : 25.10.2018
Release on bail : --
Commitment : --
Commencement of trial : 29.11.2019
Close of Trial : 11.6.2020
Sentence or Order : 25.6.2020
In the result, the accused is found not guilty for the offence under
Section 3(2)(v) of S.Cs., & S.Ts., (POA) Amendment Act, 2015 and acquitted under Section 235(1) Cr.P.C. But the accused is found guilty for the offences under Sections 302 and 324 IPC and he is convicted under
Section 235(2) Cr.P.C.
The accused convicted under Section 235(2) Cr.P.C is sentenced to undergo life imprisonment and shall pay a fine of Rs.500/- (Rupees Five Hundred Only) in default to suffer simple imprisonment for
Six months for the offence under Section 302 IPC. He is further sentenced to undergo rigorous imprisonment for a period of one year for the offence under Section 324 IPC. Both the sentences of imprisonments shall run concurrently. The accused is entitled to benefit of set off under Section 428 Cr.P.C. He is in judicial custody since 25.10.2018.
17 The property deposited in C.P.No.21/2019 i.e., M.O.1 Red and
Black Colour Hero Company Spring Model Small Bicycle belonged to the deceased shall be handed over to PW.1/Battu Narasimha Murthy being his father, M.O.2 Blood stained and controlled earth, M.O.3 Stout stick, M.O.4
Light biscuit colour long hand cotton shirt and M.O.6 Black colour Lungi with multi colour dots and flower design shall be destroyed and further
M.O.5 Hero Ignitor motorcycle bearing No.AP 16 AX 3148 used in commission of offence shall be confiscated to state after appeal time is over.
The accused is appraised of his right to prefer appeal in appellate
Court and legal aid if he has no means to engage a counsel.
5. Explanation for the delay. : No avoidable delay
(Sd/-Smt.Sunitha Kondabolu)
Spl. Court for Trial of Cases under Spl. Judge for trial of Cases under SC&ST
SCs & STs (POA) Act-cum-VIII Addl (PoA) Act-cum-VIII Addl. District and
District & Sessions Court, W.G., Eluru. Sessions Judge, W.G. District, Eluru.
Dated:25.6.2020