AJFCM, Addanki Page No.1 C.C.No.739 of 2022
IN THE COURT OF THE ADDITIONAL JUDICIAL MAGISTRATE OF I
CLASS, ADDANKI.
Present: Sri Masala Bujjappa, Prl. Junior Civil Judge, Addanki FAC: Addl. Judicial Magistrate of I Class, Addanki.
Wednesday, this the 27th day of September, 2023.
C.C.No. 739 of 2022
(Crime No.146/2019 of Santhamaguluru P.S)
Between:
The State: Inspector of Police,
Santhamaguluru Circle.... Complainant
Vs.
*1. Rapuru Durga Rao, S/o.Peeraiah, aged 25 years, ST Yanadi by caste, Neredupalli village, Peda Cherlopalli Mandal, Prakasam District.
2. Mekala Mahendra, S/o.Malyadri, aged 22 years, ST Yanadi by caste, Murugammi village, Peda Cherlopalli Mandal, Prakasam District.
3. Rapuri Mahes, S/o.Bodaiah, aged 23 years. ST Yanadi by caste, Neredupalli village, Peda Cherlopalli Mandal, Prakasam District. Now R/o.Bandapalem, Ravinuthala village, Korisapadu Mandal.
* As per docket order dated 27.07.2023, case against A.1 is split-up and numbered as C.C.No.532/2023.
... Accused
This case is coming on 05.09.2023 for final hearing before me in the presence of learned Assistant Public Prosecutor and of Sri N.Hari Babu,
Leagl Aid counsel for A.2 and of Sri.S.Nageswara Rao, Legal Aid Counsel for
A.3; and upon perusing the material available on record, upon hearing the arguments on both sides and having stood over for consideration till this day, this Court delivered the following:-
// J U D G M E N T //
1.The Inspector of Police, Santhamaguluru Circle, has filed charge sheet against the accused 1 to 3 in crime No.146/2019 in respect of the offences punishable under sections 457, 394 r/w.34 of the Indian Penal Code to punish the accused according to law:
AJFCM, Addanki Page No.2 C.C.No.739 of 2022
2.The brief facts of the prosecution case are as follows:
LW.1-Adavi Subba Rao, who has been working as Supervisor and LW2-
Vetagiri Ajay Babu and LW3-Dupati Suman have been working as sales man from 01.10.2019 and LW6 Guthikonda Sivaiah has been working as watchmen in Government wines shop license NO.08156 at Kommalapadu
Village. Daily LW1-Adavi Subba Rao used to come from Kundurru village at 11.00 A.M and opened the shop and closed the shop at 08.00 P.M, verified the counter cash and stock at 09.00 P.M and locked the shutter and went to his village. LW6 Guthikonda Sivaiah daily coming his duty at 07.00 P.M and get down the duty at 11.00 A.M. LW1-Adavi Subba Rao deposited the daily sale amount on the next day morning in SBI Karuminchi to the Government.
As usual on 08.12.2019 morning at 11.00 A.M, LW1-Adavi Subba Rao and
LW2-Vetagiri Ajay Babu came and opened the shop and sent LW6
Guthikonda Sivaiah. Saturday sales amount is in the shop. Sunday sale amount counted at 08.00 P.M, the remaining two days sales total amount of
Rs.4,09,000/- was kept in the counter cash box locked and closed the shutter and went away by informed to LW6-Guthikonda Sivaiah. On 09.12.2019 early hours at about 03.45/4.00 hours one person who is relative of LW6-Guthikonda Sivaiah came to the house of LW1-Adavi Subba
Rao, woke him up and informed to him that some unknown offenders attacked LW6-Guthikonda Sivaiah and committed theft of the cash from the shop. LW4-Chennupalli Mallikharjuna Rao is giving treatment to LW6
Guthikonda Sivaiah. Immediately LW1 went to the house of LW4
Chennupalli Mallikharjuna Rao and found LW6 Guthikonda Sivaiah having sustained with bleeding injuries on head. LW1-Adavi Subba Rao enquired
LW6-Guthikonda Sivaiah what happened. Night at about 01.30 hours four offenders who were wear winter coats came to the shop, beat him with logs on head caused bleeding injuries, tied both hands with lace, opened the
AJFCM, Addanki Page No.3 C.C.No.739 of 2022 shutter of the wine shop with the log at a height of two feet, entered in to the case counter, took the cash box, taken away cash box and LW6-
G.Sivaiah in to the fields located at a distance of 50 meters form the wine shop, thrown them and decamped with the booty amount Rs.4,00,000/-.
LW.1-Adavi Subba Rao, gave report to police, basing on the same police registered the case and investigated into.
3.During the course of investigation, LW.18-P.Ashok Vardhan, examined witnessed and recorded their statement, visited the scene of offence in the presence of mediators, observed the scene of offence, seized two wooden stumps, ‘3’ blood stained japan babul sticks, one pair of black chappals, uniform shirt, swatter, lungi, boot lace pieces, cash counter iron box under cover of scene observation report, prepared rough sketch of scene of offence.
4.Later, LW.15-D.Jagan Mohan Rao, Inspector of Police, Nellore Rural
Circle arrested A.1 and A.2 on 12.02.20200 at 12.00 hours in Cr.NO.16/2022 for the offences U/sec.461, 395, 397, 398 r/w.34 IPC of Indukurupet P.S at
Brundavana Colony of Mudivarthi Palem, Indukurupet Mandal, Nellore
District in the presence of mediators and that A.1 and A.2 confessed that they went to Kommalapadu village of Santhamaguluru Manda in the month of December, 2021 along with A.3, woke up watch man of wine shop, beat him with sticks, put him under fear, opened the wine shop shutters with crowbar, committed theft of Rs.4 lakhs cash from cash box, shared cash equally and spent their lavish desires. LW.19 took up further investigation into the case, produced the A.1 and A.2 before the court on P.T Warrant from
Central Prison, Rajahmundry on 03.06.2022 and sent them to remand.
5.Later, LW.16-L.Ramesh, Inspector of Police, Mylavaram Circle, NTR
District arrested A.3 at Nainavaram village of Vijayawada Rural Mandal in
AJFCM, Addanki Page No.4 C.C.No.739 of 2022
Cr.No.692/2021 for the offences U/sec.457, 380, 302 r/w.34 IPC of
G.Konduru P.S in the presence of mediators and that A.3 confessed that he along with A.2 and A.3 went to Kommalapadu village of Santhamaguluru
Manda in the month of December, 2021 woke up watch man of wine shop, beat him with sticks, put him under fear, opened the wine shop shutters with crowbar, committed theft of Rs.4 lakhs cash from cash box, shared cash equally and spent their lavish desires. LW.20-A.Siva Rama Krishna
Reddy, Inspector of Police, Santhamaguluru Circle took up further investigation into the case, produced A.3 before the court on P.T Warrant from Sub Jail, Tanuku on 15.10.2022 and sent him to remand. Basing on the confessional statements of A.1 to A.3. After completion of investigation
L.W.20 filed charge sheet against the accused 1 to 3.
6.This Court has taken cognizance of the charge sheet for the offences punishable under sections 457, 394 r/w.34 of the Indian Penal Code.
7.After the appearance of the accused before this Court, the copies of the documents relied upon by the prosecution, are furnished to the accused as contemplated under section 207 of the Criminal procedure Code.
8.The accused 1 to 3 examined under sections 239 of the Criminal
Procedure Code. A Charge for the offences punishable under sections 457, 394 r/w.34 of the Indian Penal Code have been framed against the accused 1 to 3, which were read over and explained to them in Telugu language, for which they pleaded not guilty and claimed to be tried.
9.During the course of trial, on 27.07.2023 the case against A.1 is split up and numbered as C.C.No.532/2023.
10.The prosecution in order to bring home the guilt of the accused has examined PW1 to PW.10, got marked Ex.P1 to Ex.P8 and M.O.1 to M.O.8, through them.
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11.After closure of the prosecution evidence, the accused 2 and 3 examined under section 313 of the Criminal Procedure Code, by explaining the incriminating circumstances found to be appearing in the evidence of the prosecution against them, to which they denied, and reported no defence evidence on their behalf.
12.Heard arguments on both sides. Perused the record.
13.Points that arise for consideration are:
i) “Whether the prosecution proved that on 09.12.2019 early hours at about 3.45/4.00 AM the accused trespassed in to the Govt. Wines shop license No.08156 at Kommalapadu village caused grievous hurt to PW.2- Guthikonda Sivaiah, Watch man of the shop and committed robbery cash of Rs.4,00,000/- and decamped with the booty? ii) Whether the prosecution proved that on 12.02.2022 at 12.00 hours, effecting the arrest of A.1 and A.2 in the presence of P.W.6 and L.W.11, the A.1 and A.2 confessed the offence or not? iii) Whether the prosecution proved that on 29.09.2022 at 3.00 P.M., PW.10 effecting the arrest of A.3 in the presence of P.W.4 and L.W.13, the A.3 confessed the offence or not? iv) Whether the prosecution able to bring home the guilty of the accused for the offences under Sections 457 & 394 IPC, beyond reasonable doubt?
14.Points No.1 to 4 Taken together:
Since Points 1 to 3 of above are connecting each other and having bearing on the facts and circumstances set out in the charge sheet, these points are taken together and answered here under.
It is a case of prosecution in simplicitor that on 09.12.2019 early hours at about 03.45/4.00 hours, one person who is relative of PW2-
Guthikonda Sivaiah came to the house of PW1-Adavi Subba Rao, woke him up and informed to him that some unknown offenders attacked on PW.2 and committed theft of the cash of Rs.4 lakhs from the shop and PW.2 sustained with bleeding injuries on head, then PW.1 asked PW.2 what happened, he narrated the incident to him that night at about 01.30 hours four offenders
AJFCM, Addanki Page No.6 C.C.No.739 of 2022 who were wear winter coats came to the shop, beat him with logs on head caused bleeding injuries, tied both hands with lace, opened the shutter of the wine shop with the log at a height of two feet, entered in to the case counter, took the cash box, taken away cash box and PW.2 in to the fields located at a distance of 50 meters form the wine shop, thrown them and decamped with the booty amount Rs.4,00,000/-. LW.1-Adavi Subba Rao, gave report to police, basing on the same police registered the case and investigated into. During the course of investigation, police arrested the accused in other crime and they confessed about the said offence and other offencesin the presence of mediators and accused voluntarily admitted the offence and thus the prosecution charged the accused by filing the charge sheet.
15.In order to establish the case of of the prosecution, it must produce clear, cogent and convincing evidence to drive the accused to the guilty.
Here in this case the prosecution tendered the evidence of L.W.1 Adavi
Subba Rao who is defacto complainant as P.W.1 and his evidence in chief goes to shows that previously he worked as Supervisor in Govt. Wine Shp
No.08156 (GSL NO.149) of Kommalapadu village from October, 2019 to 01.10.2022, generally they used to keep the sale amount in the cash box of the Wine shop and he kept Saturday (07.12.2019) and Sunday (08.12.2019)
Sale amounts i.e., cash of Rs.4,09,000/- in the cash box and left to his house. On the next day, he was informed through L.W.5-K.Srinivasa Rao that, on the intervening night of 08/09.12.2019 in between 1 to 3 hours four unknown offenders came to the Government Wine shop of
Kommalapadu village and while the Watchman of the said wine shop was sleeping, beat him with the sticks and other instruments used for gaining entrance to the wine shop over his head and caused bleeding injuries at the outside of the shop and they gained entrance to the shop by opening the
AJFCM, Addanki Page No.7 C.C.No.739 of 2022 shutter and committed theft of Cash box and stolen cash of Rs.4,09,000/- and thrown the cash box into the fields. PW.2/L.W.6 was taken to the
Hospital by L.W.5 (K.Srinivasa Rao) to the Hospital of L.W.4 (Ch.Mallikarjuna
Rao) for treatment, after getting first aid he was shifted to Area Government
Hospital, Narasaraopet, later he was taken to a Private Hospital, Guntur (Life
Hospital) for better treatment. On the next day morning he went to the wine shop and observed the same and after arriving to the decision that theft was committed, then he informed the same Depot Manager, APSBCL (Andhra Pradesh State Beverages Corporation Limited) and to the Excise
Officials, later reported to the matter Police. Ex.P1 is the report dated 09.02.2019.
16.The prosecution examined the crucial witness i.e., watch man of the wines shop and who is the eyewitness to the incidence and sustained injuries in the hands of the accused as PW.2 and his evidence in chief goes to shows that previously he worked as Watchman in Government Wine shop
No.08156 (GSL No.149) of Kommalapadu village for a period of three months. Prior to three years in the month of Christmas in between 1.30
A.M., some unknown offenders came to the Government Wine shop of
Kommalapadu village and while he was sleeping, beat him with the sticks and tied him with a cloth to his eyes and thrown him into the fields and that he was taken to the Hospital of L.W.4 Ch.Mallikarjuna Rao (R.M.P.) for treatment by L.W.5 K.Srinivasa Rao. Later he was shifted to Life Hospital,
Guntur for better treatment, he underwent treatment for a period of 20 days and he was examined by the Police. Later he came to know that the accused committed theft of around Rs.4 Lakhs in the Wines shop.
17.PW.2 who is the injured witness and PW.1 who set the law into motion in their chief examination itself categorically stated that they could not
AJFCM, Addanki Page No.8 C.C.No.739 of 2022 identify the persons who beat PW.2 and took away him into the fields chain and committed robbery of Rs.4 lacks, while he was sleeping, beat him with the sticks and tied him with a cloth to his eyes and thrown him into the fields. PW.2 in his chief examination himself stated that he does not know the accused who beat him on the date of incident. In his cross examination he did not stated before the police in his 161 (3) Cr.P.C statement that the accused beat him at around 1 a.m., and he had no personal knowledge as to how much amount was kept in the cash box of the wine shop on the date of alleged incident. It is further admitted by P.W.1 in the cross examination that he gave document as he worked as supervisor in Govt. Wines shop,
Kommalapadu village, but not filed before the court and they used to maintain stock register, day book register, cash register in the wines shop.
The total sale amount will reflect in the cash book daily and he handed over the days sheet of the sale amount for the dates 7th and 8th to the S.I of police Santhamaguluru. Pws.1 and 2 did not state to the police about the descriptive particulars of culprits who committed the offence and they denied further all the suggestions.
18.The prosecution examined PW.3-Gunturu Babu, the then VRO of
Kommalapadu village, he stated that on 09.12.2019 on being summoned by the Police, he along with L.W.9 went to the Santhamaguluru Police Station, thereafter they accompanied the police to the place of offence situated at
Government Wine shop, Kommalapadu village at 11.30 A.M., there the
Police observed the scene of offence in their presence where he noticed two wooden sticks, three blood stained Japanbabul sticks, one pair of uniform, one pair of black chappals, one lungi, Shoe lace, swatter, Cash counter Iron box and police seized the said material objects and have prepared scene observation report and he signed on the scene observation report after knowing the contents. Ex.P2 is the Scene of offence observation report
AJFCM, Addanki Page No.9 C.C.No.739 of 2022
dated 09.12.2019. M.O.1 is two Wooden sticks. M.O.2 is three Blood stained
Japan Babul sticks. M.O.3 is one Pair of Black chappals. M.O.4 is Uniform shirt. M.O.5 is Lungi, M.O.6 Shoe lace, M.O.7 is the Cash counter Iron box,
M.O.8 is one Swatter.
19.The prosecution examined PW.5-T.Lazar, VRO of Velagaluru village of
G.Konduru Mandal, he stated that on 29.09.2022 on being summoned by the Police, he along with L.W.13 went to the G.Konduru Police Station, thereafter they accompanied the police to the place of offence situated at
Ninavaram village of Sundarnagar colony 4th lane to the house of
Tirumalasetty Hari Babu at 3.00 P.M. Police interrogated Hari Babu and
Rapuri Mahesh (A3) Hari Babu and Rapuri Mahesh (A3) voluntarily confessed that they committed that at 41 places among them A3 along with A1 and A2 stolen Rs.4 Lakhs cash from a Wine shop at Santhamaguluru and disturbed the cash among themselves. He further states that police seized around 10 bottles of Whisky from the house of Hari Babu and Police prepared confession and seizure mediatornama wherein himself and L.W.13 singed on it and thereafter. Police arrested Hari Babu and A3 and also seized the crime property. Ex.P3 is the confession and seizure mediatornama dt.29.09.2022 at 3.00 P.M.
20.The prosecution examined Dr.Srirama Anjaneyulu as PW.5, who treated or examined P.W.2 i.e., G.Sivaiah son of Peda Anjaneyulu and found the following injuries Sutured wounds:
(I).4cm right eye brow, 3cm right parietal scalp, 5 cm right parietal scalp 2 cm middle forehead 1.5 cm left frontal area, 1 cm left frontal areal, 1 cm left parietal area abrasions, on abdomen, chest, back and knee joint. He opined that all sutured scalp lacerations are grievous in nature. Though the wounds are appeared to be in simple in nature as it causes dis figuration of
AJFCM, Addanki Page No.10C.C.No.739 of 2022 place/scalp. Ex.P4 is the Wound Certificate issued by him.
21.The prosecution examined PW.6-R.Mahesh, VRO of Indukuripeta village Nellore Town stated that on 12.02.2022 at 5 A.M., he received phone call from C.I. and S.I. of Police of Indukurpeta Police Station, Nellore District and requested him to assist him to act as mediator in a case, then he informed the same to his Tahsildar, at the request of Police he went to
Indukurpeta Police Station and they proceeded to Mudivarthipalem village,
Brundavan colony wine shop in Police jeep. After reaching to the scene, seven persons along with five motorcycles among the five motorcycles a crow bar is attached to one motor cycle, on seeing police jeep they tried to escape. Later the Inspector of Police caught hold them with the assistance their team and questioned as to why as they are escaping from the scene on seeing Police jeep. Then the C.I. of police enquired one of them in his presence, then he disclosed his identity as Rapuri Durga Rao/A1 and also revealed the names of other persons and stated that they were addicted vices like drinking, gambling and in-order to secure the money easily they were in habit of committing thefts by targeting wine shops. PW.6 further stated that on 30.01.2022 the accused gained entrance in to the wine shop at Kothuru village, Indukurupeta Mandal, Nellore District and committed theft of Rs.5,32,690/- from Cash Box and further confessed that they committed thefts in 42 places throughout Andhra Pradesh State. At the time of recording his confession, he further confessed that 2019 December, himself along with Mekala Mahendra and one Rapuri Mahesh, gained entrance in the mid-night in a Government wine shop at Kommalapadu village, Santhamaguluru Mandal, Prakasam District and they break open the shutter of Wine shop with the aid crow bar, beat the Watchman, damaged the CC Camera and committed theft of Rs.4 Lakhs cash from
Cash Box and further stated that they spent the said amount for their
AJFCM, Addanki Page No.11C.C.No.739 of 2022 luxurious. The Police recorded the confession statement of A2 Mekala
Mahendra in his presence, A.2 also confessed some of the crimes committed by him along with A1 in Nellore District and also confessed theft committed by A.2 in the Wine shop of Kommalapadu village of
Santhamaguluru Mandal along with A1 in the similar lines as confessed by
A1. Police seized three pulsar Motor cycles, One Honda Shine Motor cycle,
One Yamaha Motor cycle, Real Smart mobile phones -03 VIVO smart mobile
Phone-1 and one crow bar, cash of Rs.5000/- from A1 and approximately
Rs.5000/- from the possession of A2 in his presence. The C.I. of Police recorded the detailed confession of A1, A2 in this crime and other five accused persons in his presence and prepared a detailed confession mediatornama in the Lap top, wherein he signed. The Police arrested the accused persons. Ex.P5 is the confession and seizure mediatornama dt.12.02.2022 at 7 A.M.
22.The prosecution examined PW.7-P.Ankamma Rao, S.I of police,
Santhamagulur P.S who registered the case, state that on 09.12.2019 at 10.00 A.M. P.W.1 came to police station and submitted a written report.
Basing on the same he registered a case in Cr.No.146/2019 Under Sec.457, 394 r/w 34 of IPC and issued FIR, sent to the original FIR under Ex.P6. Later
L.W.18 P.Ashok Vardhan Inspector of Police took up further investigation in this case.
23. The prosecution examined the investigating officer in this case as
PW.8-T.Ashok Vardhan, Inspector of Police, Addanki stated that that on 09.12.2019 at about 8 A.M., he received Ex.P6 FIR from P.W.7 in
Cr.No.146/2019. Immediately he proceeded to scene of offence i.e.,
Government Wine shop located at Kommalapadu to Mamillapalli road. Then he secured P.W.3, L.W.9 M.Yesaiah and in the presence of said mediators he
AJFCM, Addanki Page No.12C.C.No.739 of 2022 examined scene of offence and seized M.Os. 1 to 8, prepared mediatornama duly signed by them, he took photographs of the scene of offence. Ex.P7
Four Photographs, drew the rough sketch under Ex.P8 and secured P.W.1,
L.W.2 Ajay Babu, L.W.3, L.W.4 examined them and recorded their statements. Thereafter he proceeded Life Hospital, Guntur, secured L.W.5
K.Srinivasa Rao, P.W.2 and L.W.7 examined them and recorded their statements. During the course of investigation, on 10.12.2019, he proceeded to Kommalapadu village, secured one Manam Siddaiah and
P.Linga Rao examined them and recorded their statements. Later L.W.19
M.Rajesh, Inspector of Police took up further investigation.
24.The prosecution examined PW.9-D.Jaganmohana Rao, the then
Inspector of Police, Nellore Circle stated that on 31.01.2022 he received FIR from S.I. of Police, Indukurpet in Cr.No.16/2022 of Indukurpet Police Station for the offence Under Sec.394 of IPC. Thereafter after examining the witnesses in the said crime, on 12.02.2022 he has visited outskirts of
Mudivarthipalem where Government Wine shop is located, along with P.W.6 and L.W.11. There he observed seven persons, and on seeing police people they tried to ran away. Then he caught hold them with the assistance of his staff and enquired. Then they disclosed their identity particulars as one
Rapuri Durga Rao (A1 herein) Mekala Mahendra (A2 herein), Mekala Anil
Kumar, Alluri Suvarthaiah, Rapuri Mallikarjun, Mekala Narendra and Indla
Samuel (who are child in conflict with law) and recovered some properties pertaining to other crimes. While examination A1 and A2 confessed that they have committed theft in the Government wine shop of Kommalapadu village of Santhamaguluru Mandal along with one Rapuri Mahesh (A3), by beating a watchman with sticks and committed theft of Rs.4 Lakhs from the cash box. Basing on the confession statement of accused he prepared
AJFCM, Addanki Page No.13C.C.No.739 of 2022 mediatornama in the presence of P.W.6 and L.W.11, arrested him and sent to court for remand. Later he informed the same S.I. of Police, Santhamaguluru
Police Station as to the arrest of the accused in Cr.No.146/2019 of
Santhamaguluru Police Station.
25.The prosecution examined PW.10-L.Ramesh, the then Inspector of police, Mylavaram Circle stated that on 29.09.2022 at 3 P.M., he received credible information as to the movement of A3, then he secured P.W.4 and
L.W.13 Shaik Meeravali and visited 4th lane, Sundarnagar colony, Mylavaram village of Vijayawada Rural where he apprehended A3 Rapuri Mahesh in connection with Cr.No.692/2021 for the offence Under Sec.457, 380 and 302 r/w 34 of IPC of G.Konduru police Station. He enquired A3 in the presence of said mediators where the accused disclosed identity particulars and then he recorded confession statement. While giving confession A3 given the particulars of committing crimes in 42 other crimes apart from our Police station crime. During the statement A3 also confessed that A.3 committed theft in the Government wine shop of Kommalapadu village of
Santhamaguluru Mandal along with A1 and A2 by beating the watchman with sticks and committed theft of Rs.4 Lakhs from the cash box and that he recovered some properties pertaining to other crimes. Basing on your confession statement he prepared Ex.P3-Mediatornama in the presence of
P.W.4 and L.W.13, arrested A.3 and sent to court for remand. Later he informed the same S.I. of Police, Santhamaguluru Police Station as to arrest of the A3 in Cr.No.146/2019 of Santhamaguluru Police Station for the offence Under Sec.457, 394 r/w 34 of IPC.
26. As could be seen from the record, when coming to the evidence of
P.W.2 is concerned, his evidence goes to shows that Prior to three years in the month of Christmas in between 1.30 A.M., some unknown offenders
AJFCM, Addanki Page No.14C.C.No.739 of 2022 came to the Government Wine shop of Kommalapadu village and while he was sleeping, beat him with the sticks and tied a cloth to his eyes and thrown him into the fields and robbed Rs.4 lacks and thereafter he has informed the same to PW.1 and inturn he went to police station and preferred complaint. PW.1 and P.W.2 was cross examined by the learned counsel for A1 to A3 and in the cross-examination they admitted that they did not seen the culprit and the could not say the correct time of offence.
This evidence of P.w.2 showing that he did not seen the manner of incident as well as who committed the offence. Therefore, there is no eye witness to the incident except P.W.2 and P.W.2 also not identified the accused as a culprit making culpable for commission of offence.
27.As seen from the entire record and evidence of P.W.2 it is very clear that except P.W.2 there is no other person witnessed the incident and
L.Ws.2 to 5 are only hearsay witnesses though they respond after the incident and LW.4 gave first aid to PW.2. When the prosecution case and record shows that L.W.2 to 5 are not seen the culprit who committed the offence, then their evidence will not serve any purpose as even P.W.2 not identified the accused and he made admissions that he can not identify the person who beat him, caused injuries and robbed Rs.4 lacks from the wines shop. Therefore, there is no eye witness to the incident to identify the accused as culprits.
28.The prosecution also tendered the evidence of L.W.18 who examined as P.W.8 to show that he took up investigation in this case from
PW.7/SI of police, who registered the case very promptly and his evidence goes to show that on 09.12.2019 at about 8 A.M., he received Ex.P6 FIR from P.W.7 in Cr.No.146/2019. Immediately he proceeded to scene of offence i.e., Government Wine shop located at Kommalapadu to Mamillapalli
AJFCM, Addanki Page No.15C.C.No.739 of 2022 road. Then he secured P.W.3, L.W.9 M.Yesaiah and in the presence of said mediators he examined scene of offence and seized M.Os. 1 to 8, prepared mediatornama duly signed by them, he took photographs of the scene of offence. Ex.P7 Four Photographs, drew the rough sketch under Ex.P8 and secured P.W.1, L.W.2 Ajay Babu, L.W.3, L.W.4 examined them and recorded their statements. Thereafter he proceeded Life Hospital, Guntur, secured
L.W.5 K.Srinivasa Rao, P.W.2 and L.W.7 examined them and recorded their statements. During the course of investigation, on 10.12.2019, he proceeded to Kommalapadu village, secured one Manam Siddaiah and
P.Linga Rao examined them and recorded their statements. The evidence of
P.W.7 though confirms about his registration of the crime, but in the charge sheet it is mentioned that four offenders wearing winter coats were participated in the commission of offence as per the complaint given by the
P.W.1. So, the version of the defacto complainant subsequently changed as the Investigating Officer that is P.W.8 who filed the charge sheet claimed only three accused participated in the commission of the offence. Hence, there is discrepancy in this case and in my view it is inherent defect in the case of the prosecution. Thereby, the evidence of prosecution witnesses need to be assessed with great care and caution.
29.Further the prosecution tendered another Investigating Officers’s evidence that is evidence of PW.7 and PW.8 and LW.19 & LW.20 and their evidence though shows that on information by the S.I. of Police about the crime he took up investigation and secured mediators and made visit to the scene of offence, there they did scene observation and prepared scene observation report and also drawing rough sketch of the scene and did efforts to find out the culprits are all not significantly helpful to the case of the prosecution and his evidence is only seems to be confined to the extent of the examination of the witnesses and thus the evidence of P.W.7 and
AJFCM, Addanki Page No.16C.C.No.739 of 2022
PW.8 not helping the prosecution to connect the accused with the crime.
30.Though the prosecution tendered the evidence of PW.9, who arrested the A.1 and A.2 whose evidence reveals that on 12.02.2022 he arrested A.1 and A.2 in Cr.No.16/2022 of Indukurupet police station for the offence U/sec.394 IPC and in that case, A.1 and A.2 confessed the guilt in
Cr.No.146/2019 of Santhamaguluru P.S and drafted Mahazarnama in which they signed. But, his evidence not helpful to the case of the prosecution to connect the accused with the crime.
31.Though the prosecution tendered the evidence of PW.10, who arrested the A.3 whose evidence reveals that on 29.09.2022 he arrested A.3 in Cr.No.692/2021 of G.Konduru police station for the offences U/sec.457, 380 & 302 r/w.34 IPC and in that case, A.3 confessed the guilt in
Cr.No.146/2019 of Santhamaguluru P.S and drafted Ex.P3-Mahazarnama in which he signed. But, his evidence not helpful to the case of the prosecution to connect the accused with the crime.
32.When coming to the aspect confession of accused is concerned, the prosecution to prove those aspects tendered the evidence of PW.4 being a
Village Revenue Officer of G.Kondur deposed in chief that on 29.09.2022 he was summoned by police, requested him to come to police station to assist them, as such himself and L.W.13 went to police station and met police officials, at their request he and L.W.13 agreed to act as mediators and then he along with L.W.13 and other police constables and CI of Police and SI of
Police together went to Ninavaram village of Sundarnagar colony, 4th lane to the house of Tirumalasetty Hari Babu at 3.00 P.M., there police interrogated
Hari Babu and A.3, they confessed at 41 places among them A3 along with
A1 and A2 stolen Rs.4 lacks cash from a wine shop at Santhamagulur and distributed the case among themselves and police seized around 10 bottles
AJFCM, Addanki Page No.17C.C.No.739 of 2022 of whisky from the house of Hari Babu under cover of Ex.P3-Mahazarnama and he signed on it. While so, P.W.4 was cross examined by the learned
Counsel and in the cross examination he admitted that “By the time they reached the house of the said Tirumalasetty Hari Babu, it was locked and he showed us the property i.e., Golden Whisky bottles. At that time A.3 is not present at the scene”. The admission of P.W.4 shows that police fails to explain the arrest of A.3 as narrated in their evidence. This is a major discrepancy.
33.Further when prosecution claims that the accused confessed the offence, but such confession when made in the presence of P.W.9 and PW.10 who are police officers capable enough to charge the accused then such confession has no instinct of admissibility in the evidence by virtue of
Section 26 of Indian Evidence Act. Hence, viewed from any angle prosecution fails to prove the confession of the accused and thus when there is no eye witness to show that accused committed the offence and when confession of accused is hit by Section 26 of Indian Evidence Act, then the entire case of the prosecution fall flat and thus I am unflinchingly stating that prosecution miserably fails to prove the guilty of the accused. Hence, accused deserves for acquittal as prosecution fails to prove the guilty of the accused.
34.In the result, the Accused 2 and 3 are found not guilty for the offence punishable under Sections 457 and 394 r/w.34 of Indian Penal Code and they re acquitted under Section 248(1) Cr.P.C. There shall not be any property order due to pending of C.C.No.532/2023 which is split up case stood against A.1.
AJFCM, Addanki Page No.18C.C.No.739 of 2022
The Jail authorities are directed to release the Accused 2 and 3 forthwith if they are not required in any other cases.
Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court on this, the 27 th day of September, 2023.
Sd/- S Priyadarshini Nuthakki
Prl. Junior Civil Judge, Addanki FAC:Addl. Judl. Magistrate of First Class, Addanki.
APPENDIX OF EVIDENCE
WITNESS EXAMINED
For Prosecution:For Defence: PW1 : A.Subba Rao- NIL- PW2 : G.Sivaiah PW3 : G.Babu PW4 : T.Lazaru PW5 : Dr.Srirama Anjaneyulu PW6 : R.Mahesh PW7 : P.Ankamma Rao PW8 : P.Ashok Vardhan PW9 : D.Jagan Mohan Rao PW10:L. Ramesh
EXHIBITS MARKED
For Prosecution: Ex.P1 : Report given by P.W.1 Ex.P2 : Scene observation report. Ex.P3 : Confession and seizure mediatornama dt: 29.09.2022 Ex.P4 : Wound certificate of PW.2 Ex.P5 : Confession and seizure mediatornama dt: 12.02.2022 Ex.P6 : FIR Ex.P7 : Four Photographs Ex.P8 : Rough sketch
For Defence:NIL
Material Objects Marked:
M.O.1 : Two wooden sticks M.O.2 : Three Blood stained Japan Babu sticks M.O.3 : One Pair of Black Chappals M.O.4 : Uniform shirt M.O.5 : Lungi M.O.6 : Shoe Lace, M.O.7 : Cash counter Iron box M.O.8 : One Swetter
Sd/- S Priyadarshini Nuthakki
Prl. Junior Civil Judge, Addanki FAC:Addl. Judl. Magistrate of First Class, Addanki.
AJFCM, Addanki Page No.19C.C.No.739 of 2022
IN THE COURT OF THE ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS,
ADDANKI.
CALENDAR IN C.C.NO. 739 of 2022
1. Date of Offence: 09.12.2019
2. Date of report/complaint: 09.12.2019
3. Date of apprehension of appearance : 12.02.2022 (A.1 & A.2) to of the accused 29.09.2022 (A.3)
4. Date of release of accused on bail: --
5. Date of commencement of trial: 06.02.2023
6. Date of close of trial: 17.07.2023
7. Date of Judgment: 27.09.2023
8. Complainant: Inspector of Police, Santhamaguluru Circle (Cr.No.146/2019) 9.
10. Description of Accused:
*1. Rapuru Durga Rao, S/o.Peeraiah, aged 25 years, ST Yanadi by caste, Neredupalli village, Peda Cherlopalli Mandal, Prakasam District.
2. Mekala Mahendra, S/o.Malyadri, aged 22 years, ST Yanadi by caste, Murugammi village, Peda Cherlopalli Mandal, Prakasam District.
3. Rapuri Mahes, S/o.Bodaiah, aged 23 years. ST Yanadi by caste, Neredupalli village, Peda Cherlopalli Mandal, Prakasam District. Now R/o.Bandapalem, Ravinuthala village, Korisapadu Mandal.
* As per docket order dated 27.07.2023, case against A.1 is split-up and numbered as C.C.No.532/2023.
11. Offence: U/sec.457 & 394 r/w.34 of IPC
12. Plea of Accused: Not guilty
13. Finding of the Court: Found not guilty
14. Sentence or Order: In the result, the Accused 2 and 3 are found not guilty for the offence punishable under Sections 457 and 394 r/w.34 of Indian Penal Code and they re acquitted under Section 248(1) Cr.P.C. There shall not be any property order due to pending of C.C.No.532/2023 which is split up case stood against A.1. The Jail authorities are directed to release the Accused 2 and 3 forthwith if they are not required in any other cases.
15.Fine amount: ---
AJFCM, Addanki Page No.20C.C.No.739 of 2022
16. Explanation for the delay: This case was taken on file on 31.12.2022. On 31.01.2023 A1 to A3 are produced from central prison, Rajahmundray, copies furnished to them, examined u/s.239 Cr.P.C., and charges framed for the offences u/s.457 & 394 r/w.34 of IPC, and the contents of charges were read over and explained to them in Telugu for which they denied, pleaded not guilty and claimed to be tried. From 06.02.2023 to 17.07.2023 P.Ws.1 to 10 examined, Exs.P1 to P8 and M.O.1 to M.O.8 marked and the prosecution side evidence was closed and posted for 313 of the Cr.P.C examination. On 23.08.2023, A.2 and A.3 were examined u/sec.313 of the Cr.P.C, reported defence no evidence, heard both sides and posted for judgment. On 27.09.2023 Judgment pronounced. Hence, the delay.
Sd/- S Priyadarshini Nuthakki
Prl. Junior Civil Judge, Addanki FAC:Addl. Judl. Magistrate of First Class, Addanki.
Copy submitted to:
The Hon'ble I-Addl.District & Sessions Judge, Ongole. Copy to:The Superintendent of Police, Bapatla.