JCC-31/2019, Date:14-07-2023; //1// Prl.Magistrate/JJB/SKLM
IN THE JUVENILE JUSTICE BOARD :: SRIKAKULAM.
Present : Ms.K.Rani,
Principal Magistrate,
Juvenile Justice Board, Srikakulam.
Members: 1) Smt. K.Sridevi
Friday, this the 14th day of July, 2023.
J.C.C.No.31 of 2019
Between:
State represented by the Sub Inspector of Police, Saravakota Police Station, Srikakulam District. Complainant
And :
XXX CICL
This case has come before me on 14.07.2023 for final hearing and disposal in the presence of the Learned Assistant Public Prosecutor for the Complainant/State and Sri K.Nanajee, Sri K.Pratap Chandra and Sri K.Aravind, Learned Counsel for Child in Conflict with Law and upon hearing on both sides and the matter having been stood over for consideration till this day, this Board delivered the following:
:: J U D G M E N T ::
01). The Sub-Inspector of Police, Saravakota Police Station,
Srikakulam District, has filed the Information Report against the Child in
Conflict with Law (here-in-after will be referred as CICL, for the sake of brevity) in Crime No.58/2019, for the offence punishable under Sections 324, 323 read with 34 of IPC.
02). The case of Prosecution in brief is that : CICL is the son of
Accused No.1, LW.3/P.Vykunta Rao and A.1 are own brothers and thus all the accused are interrelated. They are residents of Aludu village, Saravakota
Mandal and neighbours. As some disputes were raised between their families, which existing to their husbands, both parties used to indulge in quarrels and accordingly, so many cases were registered on both parties and further they were initiated 107 Cr.P.C. proceedings vide Cr.No.3/2016 under
JCC-31/2019, Date:14-07-2023; //2// Prl.Magistrate/JJB/SKLM
Section 107 Cr.P.C. and 50/2018 under Section 107 Cr.P.C. against them and though they were bounded over before the Sub Divisional Executive
Magistrate, Palakoda, but there is no change in their attitude and used to
indulge in disputes.
02(a). As the matter is stood thus, LW.3/P.Vykunta Rao got constructed 14” wall and gave right for 7” over the wall to the A.1 whenever he wants to build a house in the future and took an amount of Rs.20,000/- as compensation from accused No.1. Accordingly, LW.3/P.Vykunta Rao executed a document before the elders and later LW.3/P.Vykunta Rao started cement plastering and tile work to his house steps, he attached the tiles up to the end of wall and on seeing which, the accused No.1 came and when questioned LW.3/P.Vykunta Rao, LW.1/P.Damayanthi intervened and she tried to convince A.1 that he could break the tiles when he will starts the house work, but the Accused No.1 not convinced and raised a wordy due with her.
In the mean time, accused No.2 CICL, A.4 and A.5 joined to A.1, abused
LW.1/P.Damayanthi and his family members in foul and filthy language and wordy due became wild, the accused No.1 picked up a knife and beat with the same on the head of LW.1/P.Damayanthi and caused bleeding injury. On seeing which, when LW.2 came in rescue his mother, the A.2 picked up the knife from the hands of A.1 and he beat with the same on the back of right palm and caused bleeding injury. CICL, A.4 and A.5 beat LW.1 and 2 (LW.1/P.Damayanthi and LW.2/P.Chandrasekhar) with hands. LW.3/P.Vykunta
Rao witnessed the incident and he rescued LW.1 and 2 (LW.1/P.Damayanthi and LW.2/P.Chandrasekhar) from the hands of the accused, pressed for the service of 108 Ambulance and on its arrival, he shifted and admitted LW.1 and 2 (LW.1/P.Damayanthi and LW.2/P.Chandrasekhar) in RIMS, Srikakulam for medical treatment. LW.4 and 5 (LW.4/K.Ashok and LW.5/S.Karuvu) witnessed the incident from nearby place. On sending medical intimation by
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LW.9/Dr.R.Anuradha, the incharge of Police out post, RIMS, Srikakulam recorded the statement of LW.1/P.Damayanthi and forwarded the same to
LW.10/M.R.K.Rao, A.S.I., Saravakota P.S., for taking further action. Basing on the statement of LW.1/P.Damayanthi, LW.10/M.R.K.Rao, A.S.I., Saravakota
P.S., registered it as a case in Cr.No.58/2019 under Section 324, 323 read with 34 of I.P.C.
02(b). During the course of investigation, LW.10/M.R.K.Rao, A.S.I.,
Saravakota P.S., examined LW.1 to 5 (LW.1/P.Damayanthi,
LW.2/P.Chandrasekhar, LW.3/P.Vykunta Rao, LW.4/K.Ashok and
LW.5/S.Karuvu) and recorded their statements, inspected the scene of offence in the presence of LW.6 and 7 (LW.6/G.Gajapathi Narayana and
LW.7/Y.Manmadharao), got drafted scene observation report and also drawn rough sketch for the scene of offence. LW.11/E.Srinivas, S.I. of Police,
Saravakota Police Station verified the investigation of LW.10/M.R.K.Rao,
A.S.I.-609, Saravakota P.S.,, he served notices against A.1, A.2, A.4 and A.5 under Section 41-A Cr.P.C. and he obtained their explanations regarding the offence and consent to appear before the Court as and when required by the
Court and directed them to appear before the Court. As the A.3 as per FIR is the Juvenile in Conflict with law, on 14.05.2019, LW.11/E.Srinivas, S.I. of
Police, Saravakota Police Station served notice under Section 41-A Cr.P.C.
against him and on taking his explanation regarding the offence and got consent from A.1 he shall produce him before the Juvenile Justice Board,
Srikakulam, he handed over CICL under proper acknowledgment. During the course of investigation, LW.11/E.Srinivas, S.I. of Police, Saravakota Police
Station obtained the Date of Birth Certificate of CICL from LW.8, in which he mentioned the DOB of CICL and LW.11/E.Srinivas, S.I. of Police, Saravakota
Police Station obtained would certificates of LW.1 and 2 (LW.1/P.Damayanthi and LW.2/P.Chandrasekhar) from LW.9/Dr.R.Anuradha. LW.8/P.Padmasri
JCC-31/2019, Date:14-07-2023; //4// Prl.Magistrate/JJB/SKLM issued wound certificates of LW.1 and 2 (LW.1/P.Damayanthi and
LW.2/P.Chandrasekhar) opining that the injuries sustained by them are simple in nature. After completion of the investigation, LW.12/Y.Ravi Kumar,
S.I. of Police, Saravakota P.S., filed information report against the CICL.
03). The Board took cognizance for the offence punishable under
Sections 324, 323 read with 34 of IPC., against the CICL. On appearance of
CICL before the Board, copies of documents were furnished to him, as required under Section 207 of Cr.P.C. The CICL was examined under Section 251 of Cr.P.C and the accusation under Sections 324, 323 read with 34 of
I.P.C., have been read over and explained to him in Telugu, for which, he pleaded not guilty and claimed to be tried.
04). To prove the guilt of the CICL, the prosecution has examined
PW’s.1 to 10 and Exs.P1 to P6, was marked through them. The evidence of
LW.6/G.Gajapathi Narayana and LW.12/Y.Ravi Kumar, S.I. of Police,
Saravakota P.S., were given-up by the Learned Assistant Public Prosecutor, in view of evidence of PW’s.1 to 10 respectively. After closure of the prosecution evidence, the CICL was examined under Section 313 of Cr.P.C., by explaining the incriminating material evidence appeared against him, for which he denied it totally and reported no Defence evidence.
05). Heard Arguments on both sides.
06). Now the point for determination is:
Whether the CICL has committed the offence punishable under Sections 324, 323 read with 34 of IPC and Whether the Prosecution has proved the guilt of the CICL, beyond all reasonable doubt?
07). Point :-
Before going deep into the case, Sections 324, 323 read with 34 of
IPC, are reiterated, for the sake of brevity.
Section 324 : Voluntarily causing hurt by dangerous weapons or
means.- Whoever, excepted in the case provided for by section 334, voluntarily cause hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is Kelley to cause death, or by means or fire or any heated
JCC-31/2019, Date:14-07-2023; //5// Prl.Magistrate/JJB/SKLM substance ,or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Section 323 : Punishment for voluntarily causing hurt - Whoever, expect in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both.
Section 34 : Acts done by several persons in furtherance of
common intention - When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
I have perused the oral and documentary evidence. In support of the contention of the prosecution, the prosecution witnesses were examined as
PW’s.1 to 10 and Exs.P1 to P6, were marked through them.
08). It is the evidence of PW.1/P.Damayanthi that on 25.03.2019, at about 8.30 a.m., while his husband/LW.3 constructing the steps of his house, the father of the CICL, approached his husband and arose disputes due to previous incidents and thereby when he has interfered in the dispute, the father of the CICL, beat him with knife on his head, whereas, the other nephew by name Polumuru Narasimha Murthy beat on his right forearm with the same knife, whereas, the CICL and his mother and others beat him with their hands, thereby necked him and pushed him and as such, he sustained bleeding injury on his head and on right forearm. On seeing the dispute, his son/LW.2 approached them to rescue, but even he sustained injuries, in their hands. His son/LW.2 sustained scratched injury on his right palm.
Immediately, his husband rescued them and thereby shifted him to RIMS
Hospital, Srikakulam in 108 Ambulance. Later, the Police approached him and recorded his statement. Ex.P.1 is the statement of Pw.1, recorded by the
Police.
08(a). During the cross examination, PW.1 deposed that his husband along with his brothers, has 4 houses, in a row, wherein towards East of his house, the house of Laxmana Rao i.e., father of the CICL is situated, on further, towards East of Laxmana Rao’s house, house of Ramu i.e., last
JCC-31/2019, Date:14-07-2023; //6// Prl.Magistrate/JJB/SKLM brother of his husband was situated. There is a vacant place of Laxmana
Rao, towards of the house. He do not know the native of the parents of the
CICL’s mother and he do not know whether CICL was studying in Murapaka village or not.
9. It is the evidence of PW.2/P.Chandra Sekhar that on 25.03.2019, at about 8.30 a.m., while his father/LW.3 constructing the steps of their house, the father of the CICL approached his father and arose disputes due to previous incidents and thereby when PW.1 have interfered in the dispute, the father of the CICL, beat PW.1 with knife on her head, whereas, his other brother by name Polumuru Narasimha Murthy beat on PW.1’s right fore arm with the same knife, whereas the CICL and his mother and others beat PW.1 with their hands, whereas when he has interfered in the dispute, Polumuru
Narasimha Murthy beat him with a knife on his right palm, whereas the CICL and his mother and others beat him with their hands. As such, he sustained bleeding injury on his right palm and minor injuries all over the body, whereas, PW.1 sustained bleeding injury on her head and on right forearm and immediately, he has approached Saravakota Police Station and from thee, they were shifted to RIMS Hospital, Srikakulam in 108 Ambulance and later he was examined by the Police at the time Hospital.
During the cross examination, PW.2 deposed that, he is running a Auto driver and lighting supplier. The S.I. of Police, Saravakota Police Station frequently registered a cases against him and his father also. He admitted that in the rowdy sheeter list shown to him as a Serial Number 6 which is his name. Prior to this offence, the CICL father filed criminal case against family the same is pending before Judicial Magistrate of the 1st Class, Pathapatnam, according to this incident also the CICL father filed a criminal case against his family members and the same is pending.
10). It is the evidence of PW.3/P.Vykunta Rao that, on 25.03.2019, at
JCC-31/2019, Date:14-07-2023; //7// Prl.Magistrate/JJB/SKLM about 8.30 p.m., while he was constructing the steps of their house, the father of the CICL approached him and arose disputes due to previous incidents and thereby when PW.1 have interfered in the dispute, the father of the CICL, beat PW.1 with knife on her head, whereas, the mother of the CICL beat with PW.1 with her hands. Later, when his son/PW.2 was trying to rescue PW.1, his brother’s son by name Polumuru Narasimha Murthy, CICL and Polumuru Hemalatha beat PW.2 on his right fore-arm with the same knife. As such, after rescuing, PW.1 and 2 they have approached Saravakota
Police Station and from there, they were shifted to RIMS Hospital,
Srikakulam in 108 Ambulance and later he was examined by the Police at the
Hospital.
During the cross examination, PW.3 deposed that he along with his brothers has 4 houses, in a row, wherein towards East of his house, the house of Lakshmana Rao i.e., father of the CICL is situated, on further, towards east of Lakshamana Rao’s house, house of Ramu i.e., last brother of his husband was situated. Thee is a vacant place of Lakshmana Rao, towards
East of the house. He do not know whether the CICL was studying in
Murapaka village or not.
11). It is the evidence of PW.4/K.Ashok that on 25.03.2019, at about 8.30 p.m., while he was returning to his village, he has seen the father of the
CICL was disputing with PW.1, with regard to wall plastering works. He has seen that the father of the CICL beat PW.1, with a stick on her head. At time of witnessing the incident, the CICL was not present at the spot. As such, himself along with LW.5 pacified the dispute, whereas the son of PW.1 has shifted PW.1 to RIMS Hospital, Srikakulam and he was examined by the
Police. During the cross examination, PW,4 deposed that he is native of Aludu village. On the day of incident, he was coming from Market to his house at
S.C. street towards Saravakota village and the house of the defacto
JCC-31/2019, Date:14-07-2023; //8// Prl.Magistrate/JJB/SKLM complainant will not appear on the said way.
12). It is the evidence of PW.5/S.Karuvu that he has acquaintance with PW.1 to 4 and the CICL. About 10 months back, between 8.00 to 9.00 p.m., he has been Polumuru Lakshmana Rao has beat PW.1 with a knife on her head, with regard to the house disputes. During the incident, himself and
PW.4 has witnessed it. At the time of the incident, CICL was not present at the spot. The witness did not identify the CICL to be as Polumuru Kesava Rao and he was examined by the Police.
13). It is the evidence of PW.6/Y.Manmadha Rao that on 26.03.2019, he was summoned by the Saravakota Police and as such, himself along with
LW.6 visited the scene of offence i.e., the residence of PW.1 and thereby the
Police observed the scene in their presence, drafted scene observation report and he along with LW.6 have signed on it. Ex.P.2 is the certified copy of the scene observation report.
14). It is the evidence of PW.7/K.Padmasri that at about one year back, Saravakota Police approached and thereby requested him to issue the
Date of Birth Certificate of the CICL and as such, he have issued his Date of
Birth Certificate showing his Date of Birth as 14.07.2003, as per the School records. Ex.P.3 is the Date of Birth certificate of the CICL issued by him.
15). It is the evidence of PW.8/M.Ramakrishna Rao, the then A.S.I. of
Police, Saravakota P.S. that on 26.03.2019 he has received medical intimation along with the statement of P.W.1 recorded by the Outpost police,
H.C., RIMS Hospital, Srikakulam basing on the statement of P.W.1, he registered a case in Cr.No. 58/2019 u/sec. 324,323 r/w 34 of IPC. The
Original FIR Submitted to the Hon’ble JMFC Court, Pathapatnam. Ex.P.3 is the Certified copy of the F.I.R. He has examined and recorded the statement of P.W.1 and he visited the scene offence later he secured the mediators and he prepared scene observation report and also prepared
JCC-31/2019, Date:14-07-2023; //9// Prl.Magistrate/JJB/SKLM rough sketch and he has examined P.W.2 to 5 and record their detailed statement. On 26.03.2019 he has served the Sec. 41-A Cr.P.c Notice to the
Accused, he also issued Notices to the parents, and further investigation took up by the L.W.11.
During the cross examination, PW.8 deposed that, he has not received any report from the P.W.1 straight away and he received medical intimation on 26.03.2019 at 10:45 A.M. without examine the P.W.1, he registered a case against the CICL and others and he registered the F.I.R against the CCL basing on the medical intimation not by the report lodged by the P.w.1 and he visited the scene of offence and there is no street name mentioned in the scene of offence. Nearly 40 to 50 houses situated at Kelavalasa Village. The husband of P.w.1 having two brothers. He is having a one civil dispute regarding the Houses and he do not who filed the Civil case against whom.
The father of the CCL house is situated at Eastern side. In the eastern side the cuisine brother/Polumuru Narasimhamurthy of the CCL house situated towards further East and he do not know who are the officer situated towards Eastern side. The dispute arose between CCL and his family and
P.W.1 at CC Road towards Northern side the P.W’s1 house situated. The offence is situated at P.w.1 house. He also admitted that the father of the
CCL family is poor family and P.w1 family is rich family. He left the station by transfer in the month of June, 2019 later the SHO displayed the rowdy sheeters names displayed the SHO in Notice Board dated 16.05.2019.
16). It is the evidence of PW.9/Dr.R.Anuradha that on 25.03.2019 he has examined P.W.1 at 11:35 P.M and found the following injuries:
1.Curved laceration of size 4x1/2x1/2 C.M. over left frontal region of the secap with regular margins and Red in Colour.
2.Small cut of size 1.C.M over left forearm Red in Colour.
He is of the opinion that the above said injuries simple in nature and the age of the injures at the time of incident less then 20 years. Ex.P 5 is the wound Certificate of P.w.1.
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On the same day he has examined P.W.2 at 11:35 P.M and found the following injuries:
1.Laceration of size 2x1/2x1/2 C.M. over Left Palm Red in Colour.
2.Laceration of size 2x1/2x1/2 C.M. over Left Palm near index finger
Red in Colour.
3.Laceration of size 2x1x1 C.M. over Left knee Red in Colour.
He is of the opinion that the above said injuries simple in nature. Ex.P6 is the wound Certificate of P.w.2.
During the cross examination, PW.9 admitted that some times in some cases it might be possible to sharp object on the ground may receive injuries in ground in Ex.P.5 and Ex.P.6.
17). It is the evidence of PW.10/E.Srinivasa Rao, the then S.I. of
Police, Saravakota P.S., deposed that he declared the age of the CICL basing on the Aadhar card and send him to Juvenile Justice Board for judicial custody.
18). On perusal of the evidence, the point, to be considered is that the prosecution has to establish that the CICL beat LW.1 and 2 with hands and caused simple injuries. In this case PW.1 and 2 are injured and they both deposed that CICL and his mother and others beat them with hands and caused bleeding injury. PW.3 who is husband of PW.1 and father of PW.2 cited as Eye witness to the incident though corroborated the evidence of
PW.1 and 2, but his evidence cannot be believable since he is family member of the PW.1 and 2. PW.4 and 5 who are circumstantal witnesses deposed that
CICL was not present at the spot. PW.6 is the mediator for scene observation report and he deposed that that he visited the scene of offence and Police observed the scene in their presence, drafted the scene observation report and he signed on the scene observation report. PW.6 is not the direct witness to the incident. PW.7 who is Head Mistress of the CICIL school deposed about the issuance of the Date of Birth Certificate of the CICL. PW.8 is doctor examined the injured/PW.1 and 2 and she found injuries and found
JCC-31/2019, Date:14-07-2023; //11// Prl.Magistrate/JJB/SKLM that the injuries are simple in nature and issued Ex.P.5 and Ex.P.6 wound certificates and during her cross examination she stated that the above injuries might be possible to sharp object on the ground may receive the injuries in ground, but, nothing is extracted against the offence committed by the CICL. PW.9 and 10/Investigation Officers deposed in their evidence, but, nothing is elicited from their evidence, against the CICL.
19). Nulling over all the facts and circumstances of the case, this
Court is of the considered opinion that the prosecution should not sufficient to prove the guilt of the CICL that the prosecution has failed to establish the mandatory requirements of the offence, the benefit of doubt shall be given in favour of the CICL. As such, the Court opinion the prosecution did not establish the guilt of the CICL, beyond all reasonable doubt. The CICL is entitled for acquittal and the point is answered accordingly.
20). In the result, the CICL is found not guilty, for the offence punishable under Sections 324, 323 read with 34 of IPC.
Hence, the CICL is acquitted under section 255(1) of Cr.P.C, for the said offence. The Parental bonds of the CICL, shall stands cancelled, after expiry of a period of SIX months, as per Section 437-A of Cr.P.C. The CICL shall be under the Supervision of the
District Probation Officer (DPO), Srikakulam for a period of one year.
Typed to my dictation by the Stenographer, corrected and pronounced by me, in open Board, on this the 14 h day of July, 2023.
Sd/- Ms.K.Rani,
Sd/- PRINCIPAL MAGISTRATE,
MEMBERS. JUVENILE JUSTICE BOARD,
SRIKAKULAM.
JCC-31/2019, Date:14-07-2023; //12// Prl.Magistrate/JJB/SKLM
APPENDIX OF EVIDENCE
Witnesses Examined
For Prosecution: For Defence:-
PW-1P.DamayanthiNil
PW-2P.Chandra Sekhar
PW-3P.Vykunta Rao
PW-4K.Ashok
PW-5S.Karuvu
PW-6Y.Manmadha Rao
PW-7P.Padmasri
PW-8M.Ramakrishna Rao
PW-9Dr.R.Anuradha
PW-10E.Srinivasa Rao, S.I., of Police.
Exhibits marked
For Prosecution:
Ex.P.1Statement of the PW.1.
Ex.P.2Certified copy of the scene observation report.
Ex.P.3Date of Birth Certificate of the CICL.
Ex.P.4 Certified copy of the F.I.R.
Ex.P.5Wound certificate of PW.1.
Ex.P.6Wound certificate of PW.2.
For Defence: Nil
Material objects
Nil
Sd/- Ms.K.Rani,
Sd/- PRINCIPAL MAGISTRATE,
MEMBERS. JUVENILE JUSTICE BOARD,
SRIKAKULAM.