Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.1/9 APPR000002772021
Before the Special Judge for trial of offences under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 – cum – VII-Additional District and Sessions Judge, Prakasam District at Ongole.
Present: Sri K.Syam Babu,
Special Judge for Trial of Offences under
SCs and STs (PoA) Act, 1989-cum-VII
Additional District & Sessions Judge,
Prakasam District, Ongole.
Monday, this the Eleventh (11th) day of May, 2026.
Spl. Sessions Case No.5 of 2021
(Crime No.150 of 2020 of Bestavaripeta Police Station)
Prosecution:Smt. Y.Prasanthi Kumari Special Public Prosecutor.
Defence Counsel : Sri Y.Sunil Kumar
Name(s) of the Accused: 1. Mirampalli Chenna Keshavulu, son of Macherla, aged 28 years, Rajaka by caste, Resident of Singarapalli Village, B.V.Peta Mandal, Prakasam District.
2. Mirampalli Keshaiah, son of Macherla, aged 32 years, Rajaka by caste, Resident of Singarapalli Village, B.V.Peta Mandal, Prakasam District.
Charges under section(s) : Sections 324, 323 r/w.34 of the Indian Penal Code, 1860 and Sections 3 (1) (r) (s) & 3 (2) (va) of theScheduledCastesand Scheduled Tribes (Prevention of Atrocities) Act, against the accused.
Plea of the Accused: Pleaded not guilty
Finding of the Court: Found not guilty
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.2/9 Result of the Case: In the result, this Court found the accused Nos.1 & 2 not guilty of the offences punishable Under Secs.324, 323 r/w.34 of the Indian Penal Code, 1860 and Sections 3 (1) (r) (s) & 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, accordingly, they are acquitted under Section 232 of Cr.P.C. They are set at liberty. Their bail bonds shall be cancelled after six months under Section 437-A of Cr.P.C.
Order relating to case property
As no case property has been produced before this Court, no property order is passed.
--o0o--
The above numbered Sessions Case presented before me on 08.05.2026 for final hearing, the matter having stood over for consideration till this day, the court delivered the following :
// J U D G M E N T //
1.The State, represented by the Sub-Divisional Police Officer,
Markapur Sub-Division, has filed charge sheet against the accused Nos.1 & 2 in Cr.No.150 of 2020 of Bestavaripeta Police Station, for the offences punishable under Sections 324, 323 r/w.34 of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3 (1) (r) (s) & 3 (2) (va) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity ‘the SCs & STs (PoA) Act, 1989’).
2.Briefly stated, the contents of the charge sheet are that, the de facto complainant, namely, Kamunuri Chandra Sekhar, belongs to
Mala community, which is a Scheduled Caste, and is a resident of
Singarapalli Village, Bestavaripeta Mandal. The accused Nos.1 and 2, who are own brothers, belong to Rajaka community, which falls under
Backward Class and not under Scheduled Castes or Scheduled Tribes, and they are also residents of the same village.
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.3/9 It is alleged that accused No.1 was maintaining close acquaintance with one Smt. Sri Kala, who is the aunt of the de facto complainant. The same was allegedly noticed by her husband, namely,
James, who admonished accused No.1 and advised him not to speak with his wife, but accused No.1 paid deaf ear to the same. Thereafter, the de facto complainant informed the matter to one of their elders, namely,
Kamunuri Venkateswarlu, and requested him to advise accused No.1 not to interact with Sri Kala. Accordingly, the said Kamunuri Venkateswarlu contacted accused No.1 over phone and questioned him regarding his conduct, to which accused No.1 allegedly responded in a rude and abusive manner using vulgar language.
While matters stood thus, on 11.08.2020 at about 02:30 p.m., accused No.1 went to the house of one Marri Venkata Narayana for obtaining rice soup for transplantation work in his agricultural field. At that time, the de facto complainant along with his associates, namely, Darla
Venkateswarlu and Kamunuri Hari Krishna, approached accused No.1 and questioned him as to why he abused Kamunuri Venkateswarlu over phone when he was only advised regarding his behaviour towards Sri
Kala. At that juncture, accused No.1 entered into a verbal altercation with them, and in the meanwhile, accused No.2 also came there. Thereupon, accused Nos.1 and 2 picked up a quarrel with the de facto complainant and his associates and abused the de facto complainant in filthy language by referring to his caste name as “Mala naa kodaka”. By abusing so, the accused No.1 beat the de facto complainant with a stick on his head, causing a bleeding injury, and also bite the right ear of Darla
Venkateswarlu, resulting in bleeding injuries. Accused No.2 beat the de facto complainant and one Kati Ankaiah, who intervened to pacify the quarrel, with hands and legs, thereby causing injuries to them. It is also stated that the complainant party, in turn, beat accused No.1 and caused
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.4/9 injuries to him. Thereafter, the de facto complainant approached B.V.
Peta Police Station and lodged a report regarding the said incident.
On the strength of the report submitted by the defacto complainant, the SHO, B.V.Peta Police Station, registered a case in
Cr.No.150 of 2020 under Secs.354-D, 324, 323 r/w.34 of IPC and
Secs.3(1)(r)(s)(w)(ii) & 3(2)(va) of the SCs & STs (POA) Act, 1989, submitted FIR to the Court and copies to all the concerned. On receipt of copy of FIR and authorization from S.P., the Sub-Divisional Police Officer,
Markapur Sub-Division took up investigation, visited the scene of offence, observed the scene and prepared rough sketch and then secured the presence of witnesses, examined them and recorded their statements.
Meanwhile, sent up requisition to the Tahsildar concerned for issuance of caste certificates of the complainant as well as accused. While the investigation is in progress, on 03.09.2020, he arrested the accused
Nos.1 & 2 and produced before the Court of Magistrate for remand. The medical officer, who examined the injured-defacto complainant, issued wound certificate to that effect. After receipt of all necessary documents and on completion of investigation, the SDPO laid charge sheet against the accused Nos.1 & 2 for the offences punishable under Secs.324, 323 r/w.34 of I.P.C and Secs.3(1)(r)(s) & 3(2)(va) of the SC & ST (POA) Act, 1989.
Cognizance
3.On file of charge sheet, this Court took cognizance of the offences punishable under Sections 324, 323 r/w.34 of the Indian Penal
Code, 1860 and Secs.3 (1) (r) (s) & 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the accused Nos.1 & 2.
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.5/9
4. On the appearance of the accused Nos.1 & 2, they were examined U/s.228(1)(b)&(2) of Cr.P.C., whereby they pleaded not guilty and claimed to be tried, thereby having heard the Spl. Prosecutor and the defence counsel, charges under Sections 324, 323 r/w.34 of the Indian
Penal Code, 1860 and Sections 3 (1) (r) (s) & 3 (2) (va) of the SCs & STs (POA) Act, 1989 have been framed and read over to the accused, for which they denied the same and claimed to be tried.
5.The prosecution, in support of its case, examined the PWs.1 to 4 and marked Exs.P1 to P5. On behalf of defence, none were examined and no documents were marked.
6.The learned Spl. Public Prosecutor given up the evidence of
LW.3-Kati Ankaiah, LW.5-Kamunuri Hari Krishna, LW.7-S.V.Subbarao,
Tahsildar, LW.8-Dr. K.Anusha, Medical Officer, LW.9-M.Saleem, H.C.,
LW.10-G.Nageswara Reddy, SDPO, LW.11-Dr M.Kishore Kumar, SDPO, since the material witnesses i.e., PWs.1 to 4 did not support the prosecution case and turned hostile.
7.After closure of prosecution side evidence, the examination of the accused under Section 313 Cr.P.C., was dispensed with, since there is no incriminating evidence appeared in the evidence of PWs.1 to 4, who turned hostile.
8.Now the point for determination is:
Whether the prosecution is able to establish that the accused Nos.1 & 2 committed the offences punishable under Secs.324, 323 r/w.34 of IPC and Secs.3(1)(r)(s) & 3(2)(va) of SCs & STs (POA) Act, 1989 beyond all reasonable doubts?
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.6/9 POINT
9.In order to prove its case, the prosecution got examined
PWs.1 to 4. Among them PW.1 is the defacto complainant cum injured
Victim. PW.2 is also projected as victim of the crime by contending that he was being subjected to atrocity in the hands of the accused. PWs.3 & 4 are the independent eye witnesses to the occurrence.
10.The PW.1 who is the injured victim -cum- defacto complainant, who set the criminal law into motion as PW.1 deposed
before this Court that, he do not know A1 and A2 and that he has not filed
any case against them. However, he identified his signature on the report as that of him, and the same is marked as Ex.P1, but pleaded ignorance of its contents. He further deposed that, he sustained injuries when he fell down from the motorbike and that police did not examine him.
11.The PW.1 being the injured victim and defacto complainant, did not support his own case and turned hostile. His evidence is free from incriminating substance. As such, the learned Spl. Public Prosecutor cross-examined him at length, yet nothing suitable to the case of prosecution could be elicited.
12.The same is the case with PWs.2 to 4. They also deposed on similar lines as PW.1, stating that they do not know anything about the facts of the case and that the police never examined them. Thus, PWs.2 to 4 have not supported the prosecution case and have turned hostile.
Their evidence, therefore, does not in any manner advance or substantiate the case of the prosecution.
13.On perusal of the evidence of PWs.1 to 4, it is manifest that
PW.1, who is the de facto complainant-cum-injured witness, PW.2, who is
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.7/9 also projected as one of the victims of the incident, and PWs.3 and 4, who are cited as direct eyewitnesses to the occurrence, have not supported the case of the prosecution in any material particular. None of these witnesses attributed any overt acts to the accused persons nor did they depose anything incriminating so as to connect the accused with the alleged offences or the occurrence in question.
14.As there is no incriminating material in the evidence of PWs.1 to 4, who are the material witnesses, the learned Spl. Public Prosecutor given up the evidence of other circumstantial witnesses and official witnesses, since no purpose would be served even if they are examined.
15.In cases of this sort, wherein the allegations pertain to caste- based atrocity and voluntarily causing hurt, the evidence of the de facto complainant-cum-victim assumes considerable significance. When the victim himself fails to support the prosecution case and does not speak about the alleged incident, there remains no substantive evidence to proceed against the accused. Further, the material witnesses, namely, the direct eyewitnesses to the occurrence, have also turned hostile and failed to support the prosecution version. Consequently, the very foundation of the prosecution case stands shattered.
16.Upon careful appreciation of the evidence of PWs.1 to 4 coupled with Exs.P1 to P5, and in the light of the foregoing discussion, this Court is of the considered view that the evidence adduced by the prosecution is wholly devoid of incriminating material insofar as the offences punishable under Sections 324 and 323 read with Section 34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are concerned. The prosecution has thus failed to establish the guilt
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.8/9 of accused Nos.1 and 2 beyond all reasonable doubt for the offences charged against them. Accordingly, accused Nos.1 and 2 are entitled to acquittal. Hence, the point is answered accordingly.
16.In the result, this Court found the accused Nos.1 & 2 not guilty of the offences punishable Under Secs.324, 323 r/w.34 of the
Indian Penal Code, 1860 and Sections 3 (1) (r) (s) & 3 (2) (va) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, accordingly, they are acquitted under Section 232 of Cr.P.C. They are set at liberty. Their bail bonds shall be cancelled after six months under Section 437-A of Cr.P.C.
Order relating to case property
As no case property has been produced before this Court, no property order is passed.
Typed to my dictation by the Stenographer, corrected and
pronounced by me in Open Court, this the 11th day of May, 2026.
Sd/- K.Syam Babu
Special Judge for trial of offences
under SCs and STs (PoA) Act, 1989-cum- VII-Additional District & Sessions Judge, Prakasam at Ongole.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the ProsecutionFor the Accused
PW.1: Kamunuri Chandra Sekhar -None- PW.2: Darla Venkateswarlu PW.3: Kamunuri Venkateswarlu PW.4: Marri Venkata Narayana
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 Page No.9/9
DOCUMENTS MARKED
On behalf of the Prosecution :
Ex.P1: Signature of PW.1 on the report given to police Ex.P2: 161 Cr.P.C. statement of the PW.1 Ex.P3: 161 Cr.P.C. statement of the PW.2 Ex.P4: 161 Cr.P.C. statement of the PW.3 Ex.P5: 161 Cr.P.C. statement of the PW.4
On behalf of the Defence : -NIL-
MATERIAL OBJECTS
-NIL-
Sd/- K.Syam Babu
Spl.Judge-cum-VII A.D.& S.J. Ongole.
Copy submitted to : :Copy submitted to The Hon’ble Registrar (Judl.,) The Hon’ble Registrar (Judl.,)
Hon’ble High Court of Andhra Pradesh. Hon’ble High Court of Andhra Pradesh.
Nelapadu, Guntur District.Nelapadu, Guntur District.
Copies to :
1. The Spl. Public Prosecutor, VII ADJ court, Ongole.
2. The Superintendent of Police, Ongole.2. The Superintendent of Police, Ongole.
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021
APPR000002772021
CALENDAR AND JUDGMENT
Before the Special Judge for trial of offences under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 – cum – VII-Additional District and Sessions Judge, Prakasam District at Ongole.
Present: Sri K.Syam Babu,
Special Judge for Trial of Offences under
SCs and STs (PoA) Act, 1989-cum-VII
Additional District & Sessions Judge,
Prakasam District, Ongole.
Monday, this the Eleventh (11th) day of May, 2026.
Spl. Sessions Case No.5 of 2021
(Crime No.150 of 2020 of Bestavaripeta Police Station)
Prosecution:Smt. Y.Prasanthi Kumari Special Public Prosecutor.
Defence Counsel : Sri Y.Sunil Kumar
Name(s) of the Accused: 1. Mirampalli Chenna Keshavulu, son of Macherla, aged 28 years, Rajaka by caste, Resident of Singarapalli Village, B.V.Peta Mandal, Prakasam District.
2. Mirampalli Keshaiah, son of Macherla, aged 32 years, Rajaka by caste, Resident of Singarapalli Village, B.V.Peta Mandal, Prakasam District.
Charges under section(s) : Sections 324, 323 r/w.34 of the Indian Penal Code, 1860 and Sections 3 (1) (r) (s) & 3 (2) (va) of theScheduledCastesand Scheduled Tribes (Prevention of Atrocities) Act, against the accused.
Plea of the Accused: Pleaded not guilty
Finding of the Court: Found not guilty
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021
Result of the Case: In the result, this Court found the accused Nos.1 & 2 not guilty of the offences punishable Under Secs.324, 323 r/w.34 of the Indian Penal Code, 1860 and Sections 3 (1) (r) (s) & 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, accordingly, they are acquitted under Section 232 of Cr.P.C. They are set at liberty. Their bail bonds shall be cancelled after six months under Section 437-A of Cr.P.C.
Order relating to case property As no case property has been produced before this Court, no property order is passed.
DATES OF
Date of occurrence:11.08.2020 Date of report:11.08.2020 Date of appearance:01.06.2022 Date of commencement of trial:07.05.2026 Date of closure of trial:08.05.2026 Date of hearing :08.05.2026 Date of Judgment:11.05.2026
Explanation for Delay :
On file of charge sheet before this Court, the case is taken cognizance vide Spl. S.C.No.5 of 2021 on 29.01.2021 and posted for appearance of the accused. At this stage the case is adjourned from time to time due to non-service of summons amid Covid-19 pandemic. At last, on receipt of summons, the accused present before this Court on 01.06.2022 and on the same day copies of case documents were furnished to the accused and the case is posted for hearing on charges. At this stage also the case is adjourned from time to time due to unreadiness of both parties. At last on 19.12.2025 after hearing the learned counsel for both parties, charges framed under Sections 324, 323 r/w.34 of the Indian Penal Code, 1860 and Sections 3(1)(r)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989against the accused, read over and explained to them in Telugu, for which, they pleaded not guilty and claim to be tried. The trial of this case commenced on 07.05.2026 and concluded by 08.05.2026. During trial, on behalf of the prosecution, PWs.1 to 4 examined and Exs.P1 to P5 marked and as the material witnesses turned hostile, this Court closed the evidence of other list of witnesses. After closure of prosecution evidence, as there is no incriminating material in the
Spl. Judge-cum-VII-ADJ, OGL, Spl.S.C.No.5 of 2021 evidence of prosecution witnesses, the examination of accused under Sec.313 Cr.P.C. was dispensed with and on the same day both side arguments heard and on 11.05.2026 judgment is pronounced acquitting the accused. Hence, the delay.
Sd/- K.Syam Babu
Special Judge-cum-VII Additional District
& Sessions Judge, Prakasam District, Ongole.
Copy submitted to : :Copy submitted to The Hon’ble Registrar (Judl.,) The Hon’ble Registrar (Judl.,)
Hon’ble High Court of Andhra Pradesh. Hon’ble High Court of Andhra Pradesh.
Nelapadu, Guntur District.Nelapadu, Guntur District.
Copies to :
1. The Spl. Public Prosecutor, VII ADJ court, Ongole.
2. The Superintendent of Police, Ongole.2. The Superintendent of Police, Ongole.