Sri.K. V. Chandrashekar Rao

P a g e | 1

IN THE COURT OF THE PRL. JUDL MAGISTRATE OF I CLASS

:: AT :: NIRMAL ::

PRESENT: SRI K.V. CHANDRA SEKHAR RAO, Prl. Judl. Magistrate of First Class, Nirmal

Thursday, this the 26 th day of April, 2018

CC.No.235 of 2015

(Cr.No.18/2015 of P.S. Mamada)

BETWEEN:

The State of Telangana through Sub Inspector of Police, Police Station Mamada.

...Complainant

// AND //

Shivarathi Ayyanna, S/o. Nadipanna, Age : 35 years, Caste : Waddera, Occ : Agriculture, R/o. Ponkal Village, Mamda Mandal, Nirmal. …Accused

This case coming before me on 26.04.2018 for final hearing, in the presence of the learned Assistant Public Prosecutor appearing for the State and that of Sri Raghuveer Reddy, Advocate Counsel for the Accused and having stood over for consideration to this day the court delivered the following:

:: J U D G M E N T ::

01.The Sub-Inspector of Police, P.S Mamada filed charge sheet against accused for the offence punishable under section 354-A and 323 of Indian Penal Code.

02.The brief facts of the Prosecution case are that :

On 23.02.2015 at 11.00 a.m., the informant/LW.1-Shivarathi

Laxmi lodged a report alleging that about 2 years back her husband went to Gulf Country for eking livelihood and she is

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P a g e | 2 having a 4 years son by name Naveen, whereas her in-laws are old aged and residing beside her house. Prior to two months, her brother-in-law Shivarathi Ayyanna i.e., the accused came to his parents to see them and also came to her and asked her to satisfy his lust. In this regard she informed the same to her husband on phone, on which her husband warned his brother on phone, even though the accused did not heed to her husband's words and did not change his attitude and demanded to satisfy his lust failing which he will forcibly commit rape on LW1 and on 22.02.2015 at 10.00 p.m., as usual the accused came to her and tried to outrage her modesty for which she warned him. On that the accused beat her with a stick on her left leg and also with hands. Upon which she made hues and cries. On hearing the same the neighbors came there and by the time the accused fled away. She further stated that she kept quite due to she may feel insult in reporting the matter and later after informing the said incident to her husband she lodged complaint against him.

Basing on the complaint, LW11/V. Srinivas, Sub-Inspector of

Police registered a case and issued FIR under section 354-A and 324 IPC and recorded the statement of LW1 and sent her to the

Government Hospital, Khanapur for treatment. Then, LW11 instructed LW8/N. Rajitha, Woman P.C to record the statement of

LW1. Then LW8 visited the Government Hospital and recorded the statement of LW1. After that LW11 visited the scene of offence

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P a g e | 3 and recorded the statements of LWs 2 to 5, i.e., M. Venkati, P.

Rajeshwar, M. Yellaiah and P. Rajanna. After that he prepared

Crime Details Form in the presence of LW6/N. Narsagoud and

LW7/M. Rajeshwar. On 27.02.2015, the accused surrendered

before this court and the said intimation was received from this

court vide Dis.No.303/2015 dated 27.02.2015 who was released on bail. Whereas LW9/Dr. Rajender Theegala who treated LW1 and issued a medical certificate stating that the injuries are simple in nature. Later, LW11 made a requisition before LW10/B.

Srinivas Judicial Magistrate of FIrst Class, Bhainsa to record the statement of LW1 and on 07.03.2015 the statement of LW1 was recorded by LW10 under 164 Cr.P.C. After completion of investigation, he filed charge sheet under section 354-A and 323

IPC.

03.Cognizance was taken for the offence punishable Under

Section 354-A and 323 IPC against accused.

04.On appearance of Accused copies of documents have been furnished to him, as contemplated Under Section 207 Cr.P.C.

05.The accused was examined under section 239 Cr.P.C and charge framed under section 354-A and 323 of IPC against accused, read over and explained to him, for which he pleaded not guilty and claimed to be tried.

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P a g e | 4

06. In order to prove the case, Prosecution examined PW1 and

Exhibit P1 marked.

07. PW.1 who is the informant stated that accused is the brother of her husband and about 3 years ago, the accused came in a drunken condition due to which she filed a case against the accused to see that he will not drink in future. She further stated that accused did not abuse and catch her and did not do anything to her. Then she lodged a complaint which was scribed by one stranger and after that he put her thumb impression. She further stated that the police did not examine her and denied the contents of 161 Cr.P.C statement marked as Ex.P1.

08.As the material witness turned hostile and did not support the case of the prosecution, as such this Court has closed the evidence of remaining witnesses.

09.The examination of accused under section 313 Cr.P.C is dispensed with as the material witness did not support the case of the prosecution.

10.Heard arguments.

11.Now the point for determination is :

Whether the Prosecution was able to bring home the guilt of the accused the offence punishable under section 354-A and 323 IPC, beyond all reasonable doubt ?

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P a g e | 5

POINT:

12.Perused the above evidence on record, as already discussed above, in this case the material witness turned hostile and not supported the case of the prosecution, as such, this court has closed the evidence of remaining witnesses. As such benefit of doubt is given to the Accused person and deserves acquittal.

13.In the result, Accused is not found guilty for the offence punishable under section 354-A and 323 of IPC and accordingly, he is acquitted under section 248[1] of Criminal Procedure Code.

The bail bonds of accused person shall stand cancelled after appeal time is over and sureties discharged after appeal time is over.

Dictated by me, to Stenographer directly on computer, corrected and

pronounced by me in the open court on this the 26 th day of April, 2018.

Principal Judicial Magistrate of First Class

Nirmal

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution

PW.1 : Shivarathri Laxmi, Complainant

For Defence :

−Nil –

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P a g e | 6

EXHIBITS MARKED

For Prosecution :

Ex.P1 is 161 Cr.P.C. Statement of PW1

For Defence :

- Nil -

Principal Judicial Magistrate of First Class

Nirmal

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P a g e | 1

IN THE COURT OF THE PRL. JUDL MAGISTRATE OF I CLASS

:: AT :: NIRMAL ::

PRESENT: SRI K.V. CHANDRA SEKHAR RAO, Prl. Judl. Magistrate of First Class, Nirmal

Wednesday, this the 25 th day of April, 2018

CC.No.308 of 2015

(Cr.No.155/2014 of P.S. Kadam)

BETWEEN:

The State of Telangana through Sub Inspector of Police, Police Station Kadam.

...Complainant

// AND //

1. Gujjula Thirupathi, S/o. Buchanna, Age : 28 years, Caste : Boya, Occ : Agriculture

2. Dasari Venkatesh, S/o. Narsaiah, Age : 29 years, Caste : Boya, Occ : Agriculture,

3. Muske Venkatesh, S/o. Chandraiah, Age : 35 years, Caste : Boya, Occ : Agriculture.

All r/o. Devunigudem, H/o. Dasthurabad of Kadam Mandal. …Accused No.1 to 3

This case coming before me on 25.04.2018 for final hearing, in the presence of the learned Assistant Public Prosecutor appearing for the State and that of Sri J. Krishna Mohan Rao and Sri V. Shyam Sunder Reddy, Advocate Counsels for the Accused persons and having stood over for consideration to this day the court delivered the following:

:: J U D G M E N T ::

01.The Sub-Inspector of Police, P.S Kadam filed charge sheet against accused No.1 to 3 for the offence punishable under section 447 and 435 of Indian Penal Code.

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P a g e | 2

02.The brief facts of the Prosecution case are that :

On 21.12.2014 at 13.30 hours, the informant/LW.1-Althati

Mallikarjun lodged a report alleging that he has Ac.1.16 guntas of wet land situated in the outskirts of Devunigudem village and about 15 days back, he harvested the paddy and placed the heap in the said land and in the early monring at 4.00 a.m., one of his neighbourers by name LW2/U. Muthyam telephoned him and informed that his paddy heap is burning. Then he immediately rushed to the spot along with some villagers and found the paddy heap was completely burnt worth Rs.70,000/- (Rupees Seventy

Thousand only) and caused to flow water in adjacent field of his paternal elder uncle A. Linganna and LW1 further suspected

Gujjula Thirupathi, M. Venkatesh and D. Venkatesh and lodged complaint against them.

Basing on that LW9/G. Sathish the Investigatio Officer registered a case and issued FIR and recorded the statement of

LW1. Then, he visited the scenee of offence and conducted scene of offence panchanama in the presence of LW5/V. Linganna and LW6/M. Anjanna and also drawn rough sketch. After that he recorded the statements of LW2 to LW4 i.e., U. Muthyam, A.

Linganna and T. Rajanna and subsequent to his transfer LW10/J.

Ramu took up further investigation in this case and on 19.03.2015 at 2.00 p.m., all the accused surrendered before him and voluntarily admitted their guilt. Then, he conducted

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P a g e | 3 confession panchanama in the presence of LW7/G. Narayana and

LW8/K. Ravi and after that he affected his arrest, but, were released on furnishing sufficient sureties and after completion of entire investigation, he filed charge sheet.

03.Cognizance was taken for the offence punishable Under

Section 447 and 435 of IPC against accused No.1 to 3.

04.On appearance of Accused No.1 to 3 copies of documents have been furnished to them, as contemplated Under Section 207

Cr.P.C.

05.The accused No.1 to 3 were examined under section 239

Cr.P.C and charge framed under section 447 and 435 of IPC against accused No.1 ot 3, read over and explained to them, for which they pleaded not guilty and claimed to be tried.

06. In order to prove the case, Prosecution examined PW1 and

PW2 and Exhibit P1 and Ex.P2 marked.

07. PW.1 who is the informant stated that in the year 2014, in the morning hours, when he went to his agricultural field situated at

Devunigudem village he saw some unknown offenders set fire to his paddy heap and due to previous grudges between him and accused No.1 to 3 he filed a case against them by suspecting.

Ex.P1 is the complaint. Further he denied the contents of 161

Cr.P.C statement which was marked as Ex.P2.

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P a g e | 4

08.PW.2 who is the panch witness to the confession panchanama stated that he knows LW7/G. Narayana and stated that he do not know anything about this case and further stated that the Police did not conduct any panchanama in their presence but obtained his thumb impression on a blank paper. Further another panch witness LW7 evidence was closed as his whereabouts are not known.

09.As the material witnesses turned hostile and did not support the case of the prosecution, as such this court has closed the evidence of remaining witnesses.

10.The examination of accused under section 313 Cr.P.C is dispensed with as the material witnesses did not support the case of the prosecution.

11.Heard arguments.

12.Now the point for determination is :

Whether the Prosecution was able to bring home the guilt of the accused No.1 to 3 the offence punishable under section 447 and 435 IPC, beyond all reasonable doubt ?

POINT:

13.Perused the above evidence on record, as already discussed above, in this case all the material wintesses turned hostile and not supported the case of the prosecution, as such, this court has

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P a g e | 5 closed the evidence of remaining witnesses. As such benefit of doubt is given to the Accused person and deserves acquittal.

14.In the result, Accused No.1 to 3 are not found guilty for the offence punishable under sections 447 and 435 of IPC and accordingly they are acquitted under section 248[1] of Criminal

Procedure Code. The bail bonds of accused persons shall stand cancelled after appeal time is over and sureties discharged after appeal time is over.

Dictated by me, to Stenograp her directly on computer, corrected and

pronounced by me in the open court on this the 25 th Day of April, 2018.

Principal Judicial Magistrate of First Class

Nirmal

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution

PW.1 : M. Mallikarjun, Complainant PW.2 : M. Ravi,Circumstantial witness

For Defence :

−Nil –

EXHIBITS MARKED

For Prosecution :

Ex.P1 is Complaint by PW1 Ex.P2 is 161 Cr.P.C. Statement of PW1

For Defence :

- Nil -

Principal Judicial Magistrate of First Class

Nirmal

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CC/622/20091 / 1Dt: 27-04-2017

TSNR020001052007

IN THE COURT OF THE Addl. Junior Civil Judge,

Nirmal

Present: Addl. Junior Civil Judge, Nirmal dated, this the 27th day of April, 2017

CC/622/2009

Between:

through ps Kadam Address: Kaddam … Plaintiff/Petitioner AND

Chakali Ramulu And 30 Others Address: 35 Yrs, Madida ,coolie, Ro Gudiserial … Defendent/Respondent

Counsel for : App,Advocate

Counsel for : L Laxman Reddy,Advocate

This (case type) having come before me for hearing today, having heard and considered the record, this court delivered the following :

ORDER

A2,a4,A6,A8,A10,12 to 15 ,18,20,24 and 29 present. and they are examined U/s. 251 Cr.P.C for the ofenne U/s147 ,447 and 427 r/ w 149 IPC read over the nontenets to them in telugu for whinh they

CC/622/20091 / 1Dt: 27-04-2017 admitted their guilty volutarily. Henne the above said annused are nonvinted U/s.252 IPC. For the ofenne U/s. 147,447 and 427 r/w 149 IPC. Henne the annused is quantum of sentenne for whinh the annused submitted they are not having any work to do sinne they are sufering from old age and several ill healths and sought the nourt to take a lenient view. In view of their substanne this nourt is is dirented to take a lineint view by imposing a fne of Rs.200/- eanh for the ofenne U/s.147,427 r/w 149 in default of payment of fne to undergo s.i for 1 month and for the ofenne U/s.447 r/w149 a fne of Rs.100/- and total of fne amount 6500/-. the nase against A1,25,27,30 separated vide nn.No 266/2017

This Order Generated in Case Information System (CIS) on 27-04-2017

Addl. Junior Civil Judge, Nirmal (Visit ecourts.gov.in for updates or download mobile app “eCourts Services” from Android or iOS)

CC/1483/20121 / 1Dt: 25-04-2018

TSNR020001732012

IN THE COURT OF THE PRL. JUNIOR CIVIL JUDGE,

NIRMAL

Present: Prl. Junior Civil Judge, Nirmal

This the 25th day of Aprial, 2018

CC/1483/2012

Between:

Through PS Nirmal town Address: Nirmal … Plaintiff/Petitioner AND

Anathula Papesh @ papeshawr Address: 20 Yrs Caste Golla Occ Hotel Sarvent Ro Pangally NIrmal … Defendent/Respondent

Counsel for : APP,Advocate

Counsel for : ,Advocate

This (case type) having come before me for hearing today, having heard and considered the record, this court delivered the following :

ORDER

Police present. Summons to LWs 2 to 5 unserved even after giving final date. Hence, the evidence of LWs 2 and 5 is closed. Prosecution evidence is closed. The Section Clerk is directed to address a letter to the Honourable Prl. District and Sessions Judge,

CC/1483/20121 / 1Dt: 25-04-2018

Adilabad seeking permission to convert this case into Long Pending Case.

This Order Generated in Case Information System (CIS) on 25-04-2018 Prl. Junior Civil Judge, Nirmal (Visit ecourts.gov.in for updates or download mobile app “eCourts Services” from Android or iOS)

IN THE COURT OF THE Addl. Junior Civil Judge,

Nirmal

Present: Addl. Junior Civil Judge, Nirmal

STC/512/2016

Between: PS Mamada … Complainant/Petitioner AND

Bakkolla Chinnaiah … Accused/Respondent

Counsel for : APPO,Advocate

Counsel for : ,Advocate

This (case type) having come before me for hearing today, having heard and considered the record, this court delivered the following :

ORDER

Respondent present. Copies furnished to him U.Sec. 207 Cr.P.C. He is examined U/sec.251 Cr.P.C with reference to the accusation leveled against him. However the respondent pleaded guilty. I am satisfed that the plea of the respondent is voluntary as such U.Sec.252 Cr.P.C. the respondent is convicted for the ofences punishable U.Sec. 185 of M.V. Act. In the result, the respondent is convicted U Sec. 252 Cr.P.C. and sentenced to pay a fne of Rs. 500 Rupees Five hundred only for the ofence under Sec. 181 of M.V. Act. IDSI for a period of 1 month.

This Order Generated in Case Information System (CIS)

Addl. Junior Civil Judge, Nirmal (Visit ecourts.gov.in for updates or download mobile app “eCourts Services” from Android or iOS)