Ms Kodali Deepa Dyva Krupa

1

CALENDAR AND JUDGMENT

District of West Godavari Calendar of cases tried by the Junior Civil Judge-cum-Judicial Magistrate of I class, Bhimadole

Date of offence Report of Complaint Apprehension of accused Accused Released on bail (1) (2) (3) (4) -------------------------------------------------------------------------------------------------------------------------------- 08.06.2018 08.06.2018 08.06.2018 11.06.2018 -------------------------------------------------------------------------------------------------------------------------------- Commencement of trail close of trail Sentence of order Explanation for delay (5) (6) (7) (8) 13.08.2019 11.09.2019 17.09.2019 Due to non production of Witnesses

Judgment of Calendar Case No: 195/2018 on the file of Junior Civil Judge-cum-Judicial

Magistrate of I class, Bhimadole.

Complainant:- State: Forest Range Officer, Wild Life Management, Eluru,(OR.No.12/2018-19)

Name of the Accused Father name Age Caste/Religion Calling Village

1.Jayamangala Paramesu, S/o. Veerraju, Aged 55 Years, Caste/Vaddilu (BC) Occupation, Agriculture Labour, R/o. Agadala Lanka, Bhimadole Mandal, West Godavari District.

2.Saidu Pandu Ranga Rao, S/o. Venkateswara Rao, aged 52 Years, Caste/Vaddilu (BC) Occupation, Agriculture Labour, R/o. Agadala Lanka, Bhimadole Mandal, West Godavari District.

3.Mungara Raghavulu, S/o. Anthervedi, Aged 50 Years, Caste/Vaddilu (BC) Occupation, Agriculture Labour, R/o. Agadala Lanka, Bhimadole Mandal, West Godavari District.

... Accused No.1 to 3.

-------------------------------------------------------------------------------------------------------------------------------- OFFENCE: Punishableunder Sections 27, 29, 39(1) (d) and Section 51 of Wild Life Protection Act 1972.

FINDING: Found not guilty.

RESULT: In the result, Accused No.1 to 3 are found not guilty for the offence punishable under Sections 27, 29, 39(1) (d) and Section 51 of Wile Life

Protection Act 1972 and they are acquitted of the same under section 248(1) of Cr.P.C. The bail bonds of Accused No.1 to 3 shall remain in force for a period of six months from the date of Judgment.

MO.1: Two Spades, MO.2: Two Thattas shall be destroyed after expiry of appeal time.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

Copy Submitted to:

 The Hon’ble 1st Addl. District &Sessions Judge, W.G.Eluru.

2

IN THE COURT OF THE JUNIOR CIVIL JUDGE-CUM- JUDICIAL MAGISTRATE

OF I CLASS : BHIMADOLE. Present : - Ms. K. DEEPA DYVA KRUPA Junior Civil Judge-cum-Judicial Magistrate of I Class, Bhimadole. Tuesday, the 17th day of September, 2019.

C.C.No. 195/2018

BETWEEN: State : Forest Range Officer, Wild Life Management, Eluru. …. Complainant AND

1. Jayamangala Paramesu, S/o. Veerraju, Aged 55 Years, Caste/Vaddilu (BC) Occupation, Agriculture Labour, R/o. Agadala Lanka, Bhimadole Mandal, West Godavari District.

2. Saidu Pandu Ranga Rao, S/o. Venkateswara Rao, aged 52 Years, Caste/Vaddilu (BC) Occupation, Agriculture Labour, R/o. Agadala Lanka, Bhimadole Mandal, West Godavari District.

3. Mungara Raghavulu, S/o. Anthervedi, Aged 50 Years, Caste/Vaddilu (BC) Occupation, Agricultusre Labour, R/o. Agadala Lanka, Bhimadole Mandal, West Godavari District.

... Accused No.1 to 3.

This case is coming on 11.09.2019 for final hearing before me in the presence of Learned APP for the prosecution and Sri S.GOPALA KRISHNA,

Advocate for Accused No.1 to 3 and upon hearing and having stood over the matter for consideration to this day, this Court delivered the following:

J U D G M E N T

1. The State Forest Range Officer, Eluru has filed a charge sheet against

Accused No.1 to 3, for the offence under Sections 27, 29, 39(1) (d) and

Section 51 of Wile Life Protection Act 1972.

2. The brief averments of the Charge-Sheet are that:

On 08.06.2018 on receipt of information LW.2 Ch.Eswara Rao, Forest

Section Officer, Wild Life Management, Bhimadole Section, along with his staff are proceeded to Karrakodu Area situated on the Eastern side of

Agadala Lanka Village at about 6 AM., and they found about 300 persons with spades and baskets and they were working at that place, on seeing the

Forest Officials the persons are escaped from that place, and only three persons are taken into custody. Later the matter was informed to the Higher

Officials and they instructed the LW.2 Ch.Eswara Rao to file a case against the offenders, immediately he informed the matter to LW.1 Gadde Chandra 3 Shekar @ Seshu Kumar, Village Revenue Officer, Agadala Lanka and requested him to come to the place of offence, on that the LW.1 Gadde

Chandra Shekar @ Seshu kumar went to the place of offence at 9 AM and enquired the three persons and got recorded their confessional statements, later the LW.2 Ch.Eswara Rao informed them that unauthorized entry into

Kolleru Wild Life Santuary is a crime, thereafter Panchanama was prepared at the place of offence, later the statements of the said three persons were recorded in the presence of LW.1 Gadde Chandra Shekar @ Seshu kumar and LW.2 Ch.Eswara Rao, seized spades and baskets under the cover of

Panchanama, later the LW.2 Ch.Eswara Rao registered the Panchanama as

POR.No.12/2018-19 and arrested the accused No.1 to 3 and handedover the custody of case properties to LW.3 P.Appa Rao, I/C. FBO, Agadala Lanka Beat,

Agadala Lanka and send the accused No.1 to 3 to the court for remand, after completion of investigation Lw.5 S.V.K.Kumar, Forest Range Officer, Wild Life

Management, Eluru filed charge sheet against the accused No.1 to 3.

3. This case was taken cognizance against Accused No.1 to 3, for the offence under Sections 27, 29, 39(1) (d) and Section 51 of Wild Life Protection Act 1972.

4. The accused No.1 to 3 were examined under Section 239 Cr.P.C. and charges for the offence under Sections 27, 29, 39(1) (d) and Section 51 of

Wile Life Protection Act 1972, has been framed against the accused No.1 to 3 for which the accused No.1 to 3 pleaded not guilty and claimed to be tried.

5. During the course of trial, prosecution has examined Pws.1 to 4 and got marked Exs.P.1 to P.7 and MO.1 and 2. After closure of the prosecution side, the accused is examined U/s. 313 Cr.P.C, they reported no defence evidence.

6. Thereafter heard the arguments of Learned APP and counsel for the accused No.1 to 3.

7.The point for determination is:

“Whether the Prosecution has proved the guilt of Accused No.1

to 3 for the offence punishable under Sections 27, 29, 39(1) (d)

and Section 51 of Wild Life Protection Act 1972 beyond all

reasonable doubts?” 4 POINT:

8. PW.1 who is working as VRO of Agadala Lanka has stated about the information received by him on 08.06.2018 from LW.2 Ch.Eswara Rao and rushing to the place of offence, preparation of Panchanama in his presence and seizure of MO.1 and 2 under the cover of Panchanama. PW.2 who is working as Forest Section Officer in Bhimadole Section has stated about the information received by him about the activities of 300 persons at the place of offence and rushing to the place of offence on 08.06.2018 at 6

AM., and arresting the Accused No.1 to 3, intimating the same to his higher authorities and securing PW.1, preparation of Panchanama, Seizure of MO.1 and 2 under the cover of Panchanama, registration of POR vide Ex.P2 and handing over the case properties to LW.3 P.Appa Rao, I/c. Forest Beat Officer,

Agadala Lanka under Ex.P3 and preparation of Rough Sketch vide Ex.P4 and arrest of accused No.1 to 3 and sending them to court for remand. PW.3 who is working as FBO of Bhimadole Section has stated about the assistance given by him to PW.2 on 08.06.2018, while arresting the Accused No.1 to 3 and his presence at the time of preparation of Panchanama and recording statements of A1 to A3 vide Ex.P5 to P7 and taking properties into his custody from PW.2. PW.4 who is working as FRO, Eluru has stated about the verification of the investigation and filing of charge sheet, after completion of investigation.

9.It is the case of prosecution that the accused NO.1 to 3 along with other 300 persons are farming bunds on 08.06.2018 at the Karrakodu situated on the Eastern side of Agadala lanka Village on at 6 AM., on receipt of said information the PW.2 along with his staff proceeded to the said place and caught the A1 to A3 and secured PW.1 and seized MO.1 and 2 under the cover of Panchanama and the statements of A1 to A3 are also recorded by him, later the PW.2 informed that unauthorized entry into the Kolleru Wild

Life Statutory is an offence and arrested the accused No.1 to 3 and send them to court for remand, and after completion of investigation PW.4 filed charge sheet. To prove the same the prosecution examined PW.1 to 4 and got marked Ex.P1 to P7 and MO.1 and 2.

10.The PW.1 who is working as VRO of Agadala Lanka has stated about his presence on 08.06.2018 at 9 AM at the time of preparation of Ex.P1 and seizure of MO.1 and 2 under the cover of Panchanama, and he aslo stated about his presence at the time of recording the statements of A1 to A3.

5 During the course of cross examination, it is admitted by him that the scene of offence is situated nearer to Agadala Lanka village , by the time of his visit 3 persons are in the custody of LW.2 Ch.Eswara Rao and in the presence of LW.2 Ch.Eswara Rao and on his request he questioned the said three persons , local persons are not secured by LW.2 Ch.Eswara Rao in his presence and he further admitted that no work is going on and he further stated that the MO.1 and 2 may be available in open marked and he admitted that the signatures of accused are not obtained on Ex.P1.

11. PW.2 who is working as Forest Section officer, Bhimadole also stated about receiving information and rushing to the place of offence on 08.06.2018 and noticing 300 persons while farming bunds and preparation of

Ex.P1 in the presence of PW.1 and seizure of MO.1 and 2 under the cover of

Panchanama and registration of Ex.P2 and preparation of EX.P.4 and handing over the case properties to PW.3, arrest of accused No.1 to 3.

During the course of cross examination, it is stated by him that the villagers are having possession of crow bars, the 300 villagers are having possession of spades and crowbars and he admitted that the Ex.P1

Panchanama and Ex.P2 POR are not reflecting the farmation of bunds and its height and other particulars and he further admitted that the place of offence is situated nearby the village and he further admitted that the signatures of accused are not obtained in the Ex.P1 Panchanama and he further admitted that after completion of investigation Ex.P2 was registered.

12. PW.3 who is working as FBO of Pulla Section has stated about his presence on 08.06.2018 at the time of arrest of accused NO.1 to 3, preparation of Ex.P1, Panchanama and seizure of MO.1 and 2 and he also stated about recording of Ex.P5 to P7 statements of Accused No.1 to 3.

During the course of cross examination, he also stated that the villagers are having possession of crow bars, the 300 villagers are having possession of spades and crowbars and he admitted that the Ex.P1

Panchanama and Ex.P2 POR are not reflecting the farmation of the bunds and its height and other particulars and he further admitted that the place of offence is situated nearby the village and he further admitted that the signatures of accused are not obtained in the Ex.P1 Panchanama and he further admitted that after completion of investigation Ex.P2 was registered.

6

13. As seen from the testimonies of PW.1 to 3, it is clear that by the time of visit of PW.1, the Accused No.1 to 3 were already in the custody of

PW.2 and by the time of visit of PW.2 and 3 to the place of offence about 300 persons were present at the place of offence, but the said 300 persons were not caught by PW.2 and 3 and their particulars are also not ascertained by

PW.2 and 3, except A1 to A3 no other person was caught and examined by

PW.2 and 3, according to the admission of PW.1 by the time of his visit to the place of offence the Accused NO.1 to 3 are in the custody of PW.2, it is a well settled law that a confession which was made while the accused are in the custody of Police Officer is inadmissible in the evidence, admittedly in this case on hand the PW.2 and 3 are rushed to the place of offence at 6 AM and caught the A1 to A3 and they have secured PW.1 at 9 AM., and Ex.P1 was prepared at 9 AM., and the Accused No.1 to 3 are in the custody of PW.2 and 3 from 6AM to 9 AM. So that the confessional statements made by A1 to A3 cannot be admitted into evidence. Moreover the PW.2 and 3 are not tried to secure the local persons to act as mediators and they also not examined any one to establish that the bunds are farming by the accused NO.1 to 3 and other villagers. As seen from the admission of PW.2, no evidence is collected by him to show that A1 to A3 along with other villagers are farming bunds at the scene of offence.

14. It is the admission of PW.2 and 3 that Ex.P1 and P2 are not reflecting the extent of farmation of the bunds, its height and other particulars, admittedly the photographs are not filed before this court to show that the bunds are formed at the scene of offence, further it is the testimonies of PW.2 and 3 that after preparing the Panchanama the statements of A1 to A3 are recorded and A1 to A3 are arrested by PW.2, rough sketch was prepared, witnesses are examined, thereafter he was returned to the station and registered POR.

As seen from the testimonies of pw.2 and 3, it is clear that even

before the registration of POR itself, the entire investigation was done by

PW.2 which is against the provisions of Criminal Procedure Code. No evidence is collected by PW.2 and 3, except Ex.P1 Panchanama to establish that A1 to A3 and 300 other persons are farming bunds at the scene of offence. Unless and until the prosecution is established the farmation of bunds at the scene of offence and the presence of A1 to A3 and 300 other persons in the Wild Life Sanctuary, this court cannot believe the version of 7 prosecution with regard to the offence committed by A1 to A3, in the case on hand, the prosecution is failed to establish that the A1 to A3 and 300 other persons are farming bunds unauthorized in +5 Contor.

15. On thorough reading of testimonies of PWs.1 to 4, Ex.P1 to P7 and MO.1 and 2, considering the entire material available record, this Court is of opinion that the prosecution is utterly failed to establish the guilt of accused under sections 27, 29, 39(1) (d) and Section 51 of Wile Life Protection Act 1972. Hence the accused No.1 to 3 entitled for acquittal.

16. In the result, Accused No.1 to 3 are found not guilty for the offence punishable under Sections 27, 29, 39(1) (d) and Section 51 of Wild Life

Protection Act 1972 and they are acquitted of the same under section 248(1) of Cr.P.C. The bail bonds of Accused No.1 to 3 shall remain in force for a period of six months from the date of Judgment.

MO.1: Two Spades, MO.2: Two Thattas shall be destroyed after expiry of appeal time.

Dictated to the Stenographer E.Sowjanya (Out Sourcing), transcribed by

her, corrected on computer and pronounced by me in open Court, this the 17th day of September, 2019.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION:

PW-1: Dated 13.08.2019 Gadde Chandra Shekar Seshu Kumar, VRO, Agadala

Lanka.

PW-2: Dated 22.08.2019 Ch. Eswara Rao, Forest Section Officer, Bhimadole

Section.

PW-3: Dated 22.08.2019 P.Apparao, FBO, Pulla Section.

PW-4: Dated 06.09.2019 S.V.K.Kumar, FRO, Eluru.

FOR DEFENCE:

NONE 8

DOCUMENTS MARKED

FOR PROSECUTION:

Ex.P-1: Panchanama.

Ex.P-2: Original POR OR.No.12/2018-19, dated 08.06.2018.

Ex.P-3: Form C, Dated 08.06.2018.

Ex.P-4: Rough Sketch, dated 08.06.20183

Ex.P-5: Statement of A1.

Ex.P-6: Statement of A2.

Ex.P-7: Statement of A3.

FOR DEFENCE:

Nil.

MATERIAL OBJECTS:

MO.1: Two Spades.

MO.2: Two Thatta.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

1

CALENDAR AND JUDGMENT

District of West Godavari Calendar of cases tried by the Junior Civil Judge-cum-Judicial Magistrate of I class, Bhimadole

Date of offence Report of Complaint Apprehension of accused Accused Released on bail (1) (2) (3) (4) -------------------------------------------------------------------------------------------------------------------------------- 269.06.2018 26.06.2018 26.06.2018 29.06.2018 -------------------------------------------------------------------------------------------------------------------------------- Commencement of trail close of trail Sentence of order Explanation for delay (5) (6) (7) (8) 13.08.2019 11.09.2019 16.09.2019 Due to non production of Witnesses

Judgment of Calendar Case No: 239/2018 on the file of Junior Civil Judge-cum-Judicial

Magistrate of I class, Bhimadole.

Complainant:- State: Forest Range Officer, Wild Life Management, Eluru, (OR.No.26/2018-19)

Name of the Accused Father name Age Caste/Religion Calling Village

1.Nallamilli Yesu, S/o. Joji, Aged 48 Years, C/Mala (SC), Occupation:Agriculture Labour, R/o. Pulla Sivaru M.M.Puram Village, Bhimadole Mandal.

2. Inti Daniyelu, S/o. Vanamayya, Aged 55 Years, C/Mala (SC), Occupation: Pisciculture, R/o. Pedalingampadu Village, Bhimadole Mandal.

... Accused No.1

and 2. -------------------------------------------------------------------------------------------------------------------------------- OFFENCE: Punishableunder Sections 27, 29, 39(1) (d) and Section 51 of Wild Life Protection Act 1972.

FINDING: Found not guilty.

RESULT: In the result, Accused No.1 and 2 are found not guilty for the offence punishable under Sections 27, 29, 39(1) (d) and Section 51 of Wild Life

Protection Act 1972 and they are acquitted of the same under section 248(1) of Cr.P.C. The bail bonds of Accused No.1 and 2 shall remain in force for a period of six months from the date of Judgment.

MO.1: Two Spades, MO.2: Two Thatta shall be destroyed after expiry of appeal time.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

Copy Submitted to:

 The Hon’ble 1st Addl. District &Sessions Judge, W.G.Eluru.

2

IN THE COURT OF THE JUNIOR CIVIL JUDGE-CUM- JUDICIAL MAGISTRATE

OF I CLASS : BHIMADOLE. Present : - Ms. K. DEEPA DYVA KRUPA Junior Civil Judge-cum-Judicial Magistrate of I Class, Bhimadole. Monday, the 16th day of September, 2019.

C.C.No. 239/2018

BETWEEN: State : Forest Range Officer, Wild Life Management, Eluru. …. Complainant. AND

1.Nallamilli Yesu, S/o. Joji, Aged 48 Years, C/Mala (SC), Occupation:Agriculture Labour, R/o. Pulla Sivaru M.M.Puram Village, Bhimadole Mandal.

2. Inti Daniyelu, S/o. Vanamayya, Aged 55 Years, C/Mala (SC), Occupation: Pisciculture, R/o. Pedalingampadu Village, Bhimadole Mandal.

... Accused No.1 and 2.

This case is coming on 11.09.2019 for final hearing before me in the presence of Learned APP for the prosecution and Sri G.V.PRASAD BABU,

Advocate for Accused No.1 and 2 and upon hearing and having stood over the matter for consideration to this day, this Court delivered the following:

J U D G M E N T

1. The State Forest Range Officer, Eluru has filed a charge sheet against

Accused No.1 and 2 for the offence under Sections 27, 29, 39(1) (d) and

Section 51 of Wild Life Protection Act 1972.

2. The brief averments of the Charge-Sheet are that:

On 26.06.2018 on receipt of information LW.2 Ch.Eswara Rao, Forest

Section Officer, Wild Life Management, Bhimadole Section, along with his staff are proceeded to Ambedkar Society Area situated on the Southern side of M.M.Puram Village at about 9 AM., and they found about 50 villagers with spades and Earthen baskets and they were working at that place, on seeing the Forest Officials the persons are escaped from that place, and only two persons are taken into custody. Later the matter was informed to the Higher

Officials and they instructed the LW.2 Ch.Eswara Rao to file a case against the offenders, immediately he informed the matter to LW.1 Gadde Chandra

Shekar @ Seshu Kumar, Village Revenue Officer, Agadala Lanka and requested him to come to the place of offence, on that the LW.1 Gadde 3 Chandra Shekar @ Seshu kumar went to the place of offence at 11 AM and enquired the three persons and got recorded their confessional statements, later the LW.2 Ch.Eswara Rao informed them that unauthorized entry into

Kolleru Wild Life Santuary is a crime, thereafter Panchanama was prepared at the place of offence, later the statements of the said two persons were recorded in the presence of LW.1 Gadde Chandra Shekar @ Seshu kumar and LW.2 Ch.Eswara Rao, seized spades and baskets under the cover of

Panchanama, later the LW.2 Ch.Eswara Rao registered the Panchanama as

POR.No.26/2018-19 and arrested the accused No.1 and 2 and handed over the custody of case properties to LW.3 P.Appa Rao, I/C. FBO, Agadala Lanka

Beat, Agadala Lanka and send the accused No.1 and 2 to the court for remand, after completion of investigation Lw.5 S.V.K.Kumar, Forest Range

Officer, Wild Life Management, Eluru filed charge sheet against the accused

No.1 and 2.

3. This case was taken cognizance against Accused No.1 and 2, for the offence under Sections 27, 29, 39(1) (d) and Section 51 of Wild Life

Protection Act 1972.

4. The accused No.1 and 2 were examined under Section 239 Cr.P.C. and charges for the offence under Sections 27, 29, 39(1) (d) and Section 51 of

Wild Life Protection Act 1972, has been framed against the accused No.1 and 2 for which the accused No.1 and 2 pleaded not guilty and claimed to be tried.

5. During the course of trial, prosecution has examined Pws.1 to 3 and got marked Exs.P.1 to P.6 and MO.1 and 2. After closure of the prosecution side, the accused is examined U/s. 313 Cr.P.C, they reported no defence evidence.

6. Thereafter heard the arguments of Learned APP and counsel for the accused No.1 and 2.

7.The point for determination is:

“Whether the Prosecution has proved the guilt of Accused No.1

and 2 for the offence punishable under Sections 27, 29, 39(1)

(d) and Section 51 of Wild Life Protection Act 1972 beyond all reasonable doubts?” 4 POINT:

8. PW.1 who is working as VRO of Agadala Lanka has stated about the information received by him on 26.06.2018 from LW.2 Ch.Eswara Rao and rushing to the place of offence, preparation of Panchanama in his presence and seizure of MO.1 and 2 under the cover of Panchanama. PW.2 who is working as Forest Section Officer in Bhimadole Section has stated about the information received by him about the activities of 50 persons at the place of offence and rushing to the place of offence on 26.06.2018 at 9

AM., and arresting the Accused No.1 and 2, intimating the same to his higher authorities and securing PW.1, preparation of Panchanama, Seizure of MO.1 and 2 under the cover of Panchanama, registration of POR vide Ex.P2 and handing over the case properties to LW.3 P.Appa Rao, I/c. Forest Beat Officer,

Agadala Lanka under Ex.P3 and preparation of Rough Sketch vide Ex.P4 and recording statements of A1 and A2 vide Ex.P5 and P6 and arrest of accused

No.1 and 2 and sending them to court for remand. PW.3 who is working as

FRO, Eluru has stated about the verification of the investigation and filing of charge sheet, after completion of investigation.

9.It is the case of prosecution that the accused NO.1 and 2 along with other 50 persons are farming bunds on 26.06.2018 at the Ambedkar

Society Area situated on the Southern side of M.M.Puram Village at 9AM., on receipt of said information the PW.2 along with his staff proceeded to the said place and caught the A1 and A2 and secured PW.1 and seized MO.1 and 2 under the cover of Panchanama and the statements of A1 and A2 are also recorded by him, later the PW.2 informed that unauthorized entry into the

Kolleru Wild Life Statutory is an offence and arrested the accused No.1 and 2 and send them to court for remand, and after completion of investigation

PW.3 filed charge sheet. To prove the same the prosecution examined PW.1 to 3 and got marked Ex.P1 to P.6 and MO.1 and 2.

10.The PW.1 who is working as VRO of Agadala Lanka has stated about his presence on 26.06.2018 at 9 AM at the time of preparation of Ex.P1 and seizure of MO.1 and 2 under the cover of Panchanama, and he also stated about his presence at the time of recording the statements of A1 and A2.

During the course of cross examination, it is admitted by him that the scene of offence is situated nearer to M.M.Puram Village, by the time of his visit 2 persons are in the custody of LW.2 Ch.Eswara Rao and in the presence 5 of LW.2 Ch.Eswara Rao and on his request he questioned the said two persons, local persons are not secured by LW.2 Ch.Eswara Rao in his presence and he further admitted that no work is going on and he further stated that the MO.1 and 2 may be available in open market and he admitted that the signatures of accused are not obtained on Ex.P1.

11. PW.2 who is working as Forest Section officer, Bhimadole also stated about receiving information and rushing to the place of offence on 26.06.2018 and noticing 50 persons while farming bunds and preparation of

Ex.P1 in the presence of PW.1 and seizure of MO.1 and 2 under the cover of

Panchanama and registration of Ex.P2 and preparation of EX.P.4 and arrest of accused No.1 and 2.

During the course of cross examination, it is stated by him that the villagers are having possession of crow bars, the 50 villagers are having possession of spades and crowbars and he admitted that the Ex.P1

Panchanama and Ex.P2 POR are not reflecting the farmation of bunds and its height and other particulars and he further admitted that the place of offence is situated nearby the village and he further admitted that the signatures of accused are not obtained in the Ex.P1 Panchanama and he further admitted that after completion of investigation Ex.P2 was registered.

12. As seen from the testimonies of PW.1 and 2, it is clear that by the time of visit of PW.1, the Accused No.1 and 2 were already in the custody of

PW.2 and by the time of visit of PW.2 to the place of offence about 50 persons were present at the place of offence, but the said 50 persons were not caught by PW.2 and their particulars are also not ascertained by PW.2, except A1 and 2 no other person was caught and examined by PW.2, according to the admission of PW.1 by the time of his visit to the place of offence the Accused NO.1 and 2 are in the custody of PW.2, it is a well settled law that a confession which was made while the accused are in the custody of Police Officer is inadmissible in the evidence, admittedly in this case the

PW.2 is rushed to the place of offence at 9 AM and caught the A1 and A2 and they have secured PW.1 at 11 AM., and Ex.P1 was prepared at 11 AM., and the Accused No.1 and 2 are in the custody of PW.2 from 9AM to 11 AM. So that the confessional statements made by A1 and 2 cannot be admitted into evidence. Moreover the PW.2 has not tried to secure the local persons to act as mediators and he also not examined any one to establish that the bunds are farming by the accused NO.1 and 2 and other villagers. As seen from the 6 admission of PW.2, no evidence is collected by him to show that A1 and A2 along with other villagers are farming bunds at the scene of offence.

14. It is the admission of PW.2 that Ex.P1 and P2 are not reflecting the extent of farmation of the bunds, its height and other particulars, admittedly the photographs are not filed before this court to show that the bunds are formed at the scene of offence, further it is the testimony of PW.2 that after preparing the Panchanama the statements of A1 and A2 are recorded and A1 and A2 are arrested by PW.2, rough sketch was prepared, witnesses are examined, thereafter he was returned to the station and registered POR.

As seen from the testimony of pw.2, it is clear that even before the registration of POR itself, the entire investigation was done by PW.2 which is contra of the provisions of Criminal Procedure Code. No evidence is collected by PW.2, except Ex.P1 Panchanama to establish that A1 and A2 and 50 other persons are farming bunds at the scene of offence. Unless and until the prosecution is established the farmation of bunds at the scene of offence and the presence of A1 and A2 and 50 other persons in the Wild Life Sanctuary, this court cannot believe the version of prosecution with regard to the offence committed by A1 and A2, in the case on hand, the prosecution is failed to establish that the A1 and A2 and 50 other persons are farming bunds unauthorizedly in +5 Contor.

15. On thorough reading of testimonies of PWs.1 to 3, Ex.P1 to P6 and MO.1 and 2, considering the entire material available record, this Court is of opinion that the prosecution is utterly failed to establish the guilt of accused under sections 27, 29, 39(1) (d) and Section 51 of Wild Life Protection Act 1972. Hence the accused No.1 and 2 entitled for acquittal.

16. In the result, Accused No.1 and 2 are found not guilty for the offence punishable under Sections 27, 29, 39(1) (d) and Section 51 of Wild Life

Protection Act 1972 and they are acquitted of the same under section 248(1) of Cr.P.C. The bail bonds of Accused No.1 and 2 shall remain in force for a period of six months from the date of Judgment.

MO.1: One Spade, MO.2: Two Thattas, shall be destroyed after expiry of appeal time.

7

Dictated to the Stenographer E.Sowjanya (Out Sourcing), transcribed by

her, corrected on computer and pronounced by me in open Court, this the 16th day of September, 2019.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION:

PW-1: Dated 13.08.2019 Gadde Chandra Shekar Seshu Kumar, VRO, Agadala

Lanka.

PW-2: Dated 06.09.2019 Ch. Eswara Rao, Forest Section Officer, Bhimadole

Section.

PW-3: Dated 06.09.2019 S.V.K.Kumar, FRO, Eluru.

FOR DEFENCE:

NONE

DOCUMENTS MARKED

FOR PROSECUTION:

Ex.P-1: Panchanama.

Ex.P-2: Original POR

Ex.P-3: Form C.

Ex.P-4: Rough Sketch

Ex.P-5: Statement of A1 namely Nallamilli Yesu.

Ex.P-6: Statement of A2 namely Inti Daniyelu.

FOR DEFENCE:

Nil.

MATERIAL OBJECTS

MO.1: One Spade.

MO.2: Two Thattas.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

1

CALENDAR AND JUDGMENT

District of West Godavari Calendar of cases tried by the Junior Civil Judge-cum-Judicial Magistrate of I class, Bhimadole

Date of offence Report of Complaint Apprehension of accused Accused Released on bail (1) (2) (3) (4) -------------------------------------------------------------------------------------------------------------------------------- 28.06.201828.06.201830.06.2018 30.06.2018 -------------------------------------------------------------------------------------------------------------------------------- Commencement of trail close of trail Sentence of order Explanation for delay (5) (6) (7) (8) 19.08.2019 19.08.2019 16.09.2019 Due to non production of Witnesses

Judgment of Calendar Case No:209/2018 on the file of Junior Civil Judge-cum-

Judicial Magistrate of I class, Bhimadole.

Complainant:- State: Sub-Inspector of Police, Bhimadole P.S. ( Cr.No.170/2018)

Name of the Accused Father name Age Caste/Religion Calling Village

1. Ganji Mahesh Babu, S/o. Subbarao, Aged 29 Years, C/Kamma, Bhimadole Village and Mandal.

2. Uyyala Sai, S/o. Venkanna, Aged 18 Years, C/Yerukula, BC Colony, Bhimadole Village and Mandal.

3. Thummagunta Pawan, S/o. Danayya, Aged 20 Years, C/T.Kapu, R/o. High School Road, Bhimadole.

4. Mopidevi Siva Krishna, S/o. Kodayya, Aged 19 Years, C/Kapu, R/o. Bhimadole Village and Mandal.

5. Shaik Nasir, S/o. Sattar, Aged 27 Years, C/Muslim, Rajulaveedhi, Bhimadole village and Mandal.

6. Ganji Mohan Monoj, S/o. Subbarao, AGed 26 Years, C/Kamma, R/o. Bhimadole Village and Mandal.

7. Bugga Chiranjeevi Rama Swamy, S/o. Subhash Chandrabose, AGed 29 Years, c/Kapu, High School Road, Bhimadole.

8. Alajangi Harish Kumar, S/o. Lakshmanarao, Aged 21 years, C/T.Kapu. Attavari Veedhi, Bhimadole village and mandal.

... Accused No.1 to 8.

-------------------------------------------------------------------------------------------------------------------------------- OFFENCE: Punishableunder Sections 326, 323, 506 r/w 34 IPC.

FINDING: Found not guilty. RESULT: In the result, Accused No.1 to 8 are found not guilty for the offence punishable under Sections 326, 323, 506 r/w 34 IPC and they are acquitted of the same under section 248(1) of Cr.P.C. The bail bonds of Accused No.1 to 8 shall remain in force for a period of six months from the date of Judgment.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

Copy Submitted to:

 The Hon’ble 1st Addl. District &Sessions Judge, W.G.Eluru.

2

IN THE COURT OF THE JUNIOR CIVIL JUDGE-CUM- JUDICIAL MAGISTRATE OF I

CLASS : BHIMADOLE. Present : - Ms. K. DEEPA DYVA KRUPA Junior Civil Judge-cum-Judicial Magistrate of I Class, Bhimadole. Monday, the 16th day of September, 2019.

C.C.No. 209 /2018

Between: State : Sub-Inspector of Police, Bhimadole Police Station. … Complainant. AND

1. Ganji Mahesh Babu, S/o. Subbarao, Aged 29 Years, C/Kamma, Bhimadole Village and Mandal.

2. Uyyala Sai, S/o. Venkanna, Aged 18 Years, C/Yerukula, BC Colony, Bhimadole Village and Mandal.

3. Thummagunta Pawan, S/o. Danayya, Aged 20 Years, C/T.Kapu, R/o. High School Road, Bhimadole.

4. Mopidevi Siva Krishna, S/o. Kodayya, Aged 19 Years, C/Kapu, R/o. Bhimadole Village and Mandal.

5. Shaik Nasir, S/o. Sattar, Aged 27 Years, C/Muslim, Rajulaveedhi, Bhimadole village and Mandal.

6. Ganji Mohan Monoj, S/o. Subbarao, AGed 26 Years, C/Kamma, R/o. Bhimadole Village and Mandal.

7. Bugga Chiranjeevi Rama Swamy, S/o. Subhash Chandrabose, AGed 29 Years, c/Kapu, High School Road, Bhimadole.

8. Alajangi Harish Kumar, S/o. Lakshmanarao, Aged 21 years, C/T.Kapu. Attavari Veedhi, Bhimadole village and mandal.

... Accused No.1 to 8.

This case is coming on 19.08.2019 for final hearing before me in the presence of Learned APP for the prosecution and Sri S.Gopala Krishna, advocate for accused No.1 to 8, and upon hearing and having stood over the matter for consideration to this day, this Court delivered the following:

J U D G M E N T

1. The State Sub-Inspector of Police, Bhimadol Police Station has filed a charge sheet against Accused No.1 to 8, for the offence under Sections 326, 323, 506 r/w 34 IPC.

2. The brief averments of the Charge-Sheet are that:

LW.1 Ramisetti Srinu Babu is resident of Vadlapatla Village of Bhimadole mandal, on 28.06.2018 at 3 PM., he went to petrol bunk on his motorcycle for getting deisel to his tractor, in the mean time the accused No.1 to 8 are came to the said place and stopped the motorcycle of LW.1 Ramisetti Srinu

Babu and abused him in filthy language by alleging that he uploaded some posts in facebook, thereafter the Accused No.1 to 8 are beat LW.1 Ramisetti

Srinu Babu with iron rod, and caused injuries on his head, left hand shoulder 3 and other parts of body, later the LW.1 Ramisetti Srinu Babu was shifted to

Government Hospital, Eluru.

Basing on the report of LW.1 Ramisetti Srinu Babu, a case in

Cr.No.170/2018 under Sections 341,323, 506 r/w 34 IPC of Bhimadole Police station was registered, during the course of investigation Lw.7

S.S.R.Gangadhar, SI of Police, Bhimadole PS., examined the witnesses, visited the scene of offence and prepared rough sketch, later he issued 41-A

Cr.P.C notices to accused No.1 to 8, and after completion of investigation he filed charge sheet.

3. This case was taken cognizance against Accused No.1 to 8, for the offence under Sections 326, 323, 506 r/w 34 IPC.

4.The accused No.1 to 8 were examined under Section 239 Cr.P.C. and charges for the offence U/Sec. 326, 323, 506 r/w 34 IPC has been framed against the accused No.1 to 8 for which the accused No.1 to 8 pleaded not guilty and claimed to be tried.

5.During the course of trial, prosecution has examined Pws.1 and got marked Exs.P.1 and P2, After closure of the prosecution evidence, as no incriminating evidence is found 313 Cr.P.C. examination dispensed with.

6.Thereafter heard the arguments of Learned APP and counsel for the accused.

7.The point for determination is:

“Whether the Prosecution has proved the guilt of Accused No.1

to 8 for the offence punishable under Sections 326, 323, 506 r/w

34 IPC beyond all reasonable doubts?”

POINT:

8.Pw.1 who is the defacto complainant did not support the prosecution case denied the contents of his statement as well as his 161 Cr.P.C statement as in Ex.P2 and further stated that on 28.06.2018 at 2.30 PM., while he was proceeding on his motorcycle and he fell on the ground at Petrol Bunk at

Bhimadole and received injuries on his face and other parts of body, later he was shifted to hospital, except that nothing was stated by him about the incident, during the course of cross examination, it is stated by him that he was compromised with the accused before the village elders. The evidence of LW.2 Thummaganti Venakta Rangarao @ Ranga, LW.3 Kurapati Ravi Kumar, 4 LW.4 Jalla Bala Krishna, LW.5 Rankireddy Durgarao, LW.6 Dr.D.Sai Deepthi,

CAS, and LW.7 S.S.R.Gangadhar, SI of Police, Bhimadole was given up by APP, no incriminating evidence is found against the accused No.1 to 8. Hence, this court is of opinion that the prosecution is utterly failed to establish the guilt of accused No.1 to 8 under section 326, 323, 506 r/w 34 IPC. Hence, the accused No.1 to 8 are entitled for acquittal.

9. In the result, Accused No.1 to 8 are found not guilty for the offence punishable under Sections 326, 323, 506 r/w 34 IPC and they are acquitted of the same under section 248(1) of Cr.P.C. The bail bonds of Accused No.1 to 8 shall remain in force for a period of six months from the date of Judgment.

Dictated to the Stenographer E.Sowjanya (Out Sourcing), transcribed by

her, corrected on computer and pronounced by me in open Court, this the 16th day of September, 2019.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION: FOR DEFENCE:

PW-1: Dated 19.08.2019 Ramistti Srinu Babu.

DOCUMENTS MARKED

FOR PROSECUTION:

Ex.P-1: Signature on Report.

Ex.P-2: 161 Cr.P.C. Statement of PW.1.

FOR DEFENCE:

NIL.

MATERIAL OBJECTS:

Nil

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

1

IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS : BHIMADOLE

Present : - Ms. K. DEEPA DYVA KRUPA

Judicial Magistrate of I Class, Bhimadole.

Monday, the 16th day of September, 2019.

C.C.No.262/2019

Between: State : Sub-Inspector of Police, Dwaraka Tirumala Police Station … Complainant. AND Ganta Satyanarayana, S/o. Venkata Ratnam, Aged 65 Years, Kamma, Thimmapuram Village, Dwaraka Tirumala Mandal.

... Accused.

This case is coming on 03.09.2019 for final hearing before me in the presence of Learned APP for the prosecution and advocate for accused was engaged, and upon hearing and having stood over the matter for consideration to this day, this Court delivered the following:

J U D G M E N T

1. The State Sub-Inspector of Police, Dwaraka Tirumala Police

Station has filed a charge sheet against the accused for the offence under Section 188, 270, 273 IPC.

2. The brief averments of the Charge-Sheet are that

On receipt of credible information the LW.8 M.Surya Bhagavan, SI of Police, Dwaraka Tirumala PS, along with his staff and mediators are rushed to the Killi Shop on 27.07.2019 and on seeing the police the accused tried to skulk away from that place, and that with the help of his staff LW.8 M.Surya Bhagavan, SI of Police, Dwaraka Tirumala PS, stopped him and he got his identity particulars and when searched his shop and found 1) Miraj – 1150 packets, 2) Raja Tobocco – 110 packets,

3) Vimal – 90 packets 4) MC -240- packets in total 590 packets worth

Rs.2,950/- , in which those are noxious food items prohibited by

Government of Andhra Pradesh, and that the accused admitted before the mediators and gave confession that he purchased Miraj, Raja

Tobocco, Vimal, MC Packets from unknown persons and the remaining 590 packets are with him after selling away the remaining packets.

Basing on the statement of accused, a case in Cr.No.152/2019

U/sec. 188, 270, 273 and Section 22 of Cigarettes and other Tobocco

Products Act 2003 (Probition of Cigarettes and other Tobacco

Products) (Prohibition of Advertisement and Regulation of Trade and

Commerce Production, Supply and Distribution) of Dwaraka Tirumala 2

Police Station was registered. Later, LW.8 M.Surya Bhagavan, SI of

Police, Dwaraka Tirumala PS was examined LWs.1 to 3 i.e. Lw.1. Raputi

Gopala Singh, LW.2. Surabathula Ramesh and LW.3 Midatha Chandu and recorded their statements. Later, LW.8 M.Surya Bhagavan, SI of

Police, Dwaraka Tirumala PS, visited the scene of offence, prepared rough sketch and he issued 41-A Cr.P.C notice to accused and after completion of investigation, he filed the charge sheet.

3.On examination of the accused under Section 251 Cr.P.C, he admitted the charge sheet allegations leveled against him. Hence, the accusation under

Section 188, 270 and 273 IPC has been explained, and read over to accused in Telugu, for which, he pleaded guilty for the offence under Section 188, 270 and 273 IPC and this Court followed the procedure contemplated Under section

XIX Cr.P.C.

4. Accused is found guilty for the offence under Section 188, 270 and 273 IPC and he admitted his guilty as such he is convicted under Section 252 Cr.P.C.

5. When accused is questioned about the quantum of sentence, he is stated that

Accused: I have to look after my family.

6. In the result, accused is found guilty for the offence punishable under section 188, 270 and 273 IPC and he is convicted the same 252

Cr.P.C and he is sentenced to pay a fine of Rs.200/- for the offence punishable under Section 188 IPC and he is further sentenced to pay fine of Rs.1,000/- for the offence punishable under section 270 IPC and he is further sentenced to pay fine of Rs.1,000/- for the offence punishable under section 273 IPC. In default of payment of fine, he shall undergo simple imprisonment for a period of THREE DAYS.

Dictated to the stenographer (E.Sowjanya) Out Sourcing, corrected and

pronounced by me in open Court, this the 16th day of September, 2019.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

No oral or documentary evidence

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

3

CALENDAR AND JUDGMENT

District of West Godavari Calendar of cases tried by the Judicial Magistrate of I class, Bhimadole

Date of offence Report of Complaint Apprehension of accused Accused Released on Bail (1) (2) (3) (4) -------------------------------------------------------------------------------------------------- 21.07.2019 21.07.2019 27.7.2019 27.07.2019 ----------------------------------------------------------------------------------------------------------------- Commencement of trial close of trial Sentence of order Explanation for delay (5) (6) (7) (8) -- -- 16.09.2019 Due to non production of Witnesses

Judgment of Calendar Case No:262/2019 on the file of Judicial

Magistrate of I class, Bhimadole

Complainant:- State: Inspector of Police, Bhimadole Police station.

( Cr.No.152/2019)

--------------------------------------------------------------------------------------------------- Name of the Accused Father name Age Caste/Religion Calling Village Ganta Satyanarayana, S/o. Venkata Ratnam, Aged 65 Years, Kamma, Thimmapuram Village, Dwaraka Tirumala Mandal.

... Accused.

---------------------------------------------------------------------------------------------------

OFFENCE: Punishable under sections 188, 270 and 273 IPC.

FINDING: Found guilty

RESULT: In the result, accused is found guilty for the offence punishable under section 188, 270 and 273 IPC and he is convicted the same 252

Cr.P.C and he is sentenced to pay a fine of Rs.200/- for the offence punishable under Section 188 IPC and he is further sentenced to pay fine of Rs.1,000/- for the offence punishable under section 270 IPC and he is further sentenced to pay fine of Rs.1,000/- for the offence punishable under section 273 IPC. In default of payment of fine, he shall undergo simple imprisonment for a period of THREE DAYS.

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

IN THE COURT OF THE JUNIOR CIVIL JUDGE-CUM-JUDICIAL I CLASS MAGISTRATE:

BHIMADOLE.

Present : - Ms. K. DEEPA DYVA KRUPA JUNIOR CIVIL JUDGE-CUM-JUDICIAL I CLASS MAGISTRATE: BHIMADOLE. Monday, the 16th day of September, 2019.

M.C.No.3/2018

BETWEEN:

1. Konatham Lakshmi alias Atchamma, W/o Srinivasu, D/o Angadala Rama Krishna, Hindu, Female, Aged 25 years, House Wife, Medanaraopalem Village, Denduluru Mandal 

2. Chy. Konatham Madhuliaka, D/o Srinivasu, C//o Angadala Rama krishna, Hindu, Female, Aged 6 years, Dependant, Medanaraopalem Village, Denduluru Mandal.

3. Chy. Konatham yaswanth Kumar, S/o Srinivasu, C/o Angadala Rama Krishna, Hindu, Male, Aged 4 years, Dependant, Medanaraopalem Village, Denduluru Mandal. (2nd and 3rd petitioners being minors rep by their mother/natural guardian i.e., 1st petitioner)

...Petitioners.

AND

Konatham Srinivasu,S/o Chinna Venkateswara Rao, Hindu, Male, Aged30 years, Cultivation, R/o D.No.1­66a, Pata Gandigudem, H/o Kalla Cheruvu, Kamvarapukota Mandal, W.G.District.

....... Respondent

This case is coming on 16-09-2019 for final hearing before me in the presence of Sri.J.Venkateswara Rao, Advocate for Petitioner and Sri.G.V.Prasad Babu, Advocate for Respondent and upon hearing and having stood over the matter for consideration to this day, this Court delivered the following:

O R D E R D A T E D – 16­09­2019

Both parties are present, Not press memo filed, Hence the petition is dismissed as not pressed.

Pronounced by me in open Court this the 16th day of September, 2019. 

Junior Civil Judge­Cum­

Judicial Magistrate of I Class, 

Bhimadole.