1 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
IN THE COURT OF XVI ADDL. CHIEF METROPOLITAN MAGISTRATE
HYDERABAD
PRESENT: SMT. M. Eunice
XVI ADDL. CHIEF METROPOLITAN MAGISTRATE,
HYDERABAD
DATED: THIS THE 17 th DAY OF AUGUST, 2022
C.C. No.121 of 2017
Between:
State through P.S.Shahinathgunj, Hyderabad ....Complainant
A N D
A1) Smt. Sarala Singh, W/o. Sunil Singh Age: 30 years, Occupation: Housewife
A2) Smt. Malathi, W/o. Ramesh Singh, Age: 50 yearls, Occupation: Housewife
A3) Bablu @ Jeevan Singh, S/o. Ramesh Singh Age: 29 years, Occupation: Private job {R/o. H.No. 142334, Gyanbagh colony, Goshamahal, Hyderabad}
...Accused
This case is coming up before me for final hearing in the presence of A.P.P. Sri. G.B. Aravind Kiran Kumar, for the State and Sri. Dinesh Jaiswal & Associates, Counsel for the Accused Nos.1 to 3. Counsel for Accused and upon hearing the arguments of both sides and perusal of record and having stood over for consideration till this day, the Court delivered the following:
J U D G M E N T
The SubInspector of Police, P.S. Shahinayathgunj, Hyderabad has filed charge sheet against the Accused Nos.1 to 3 in Cr. No.338 of 2016 for the offences punishable U/sec.448, 342, 323, 506 read with 34 IPC.
2 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
2. The brief facts of the case are that:
On 24102016 at about 10:00 AM, P. Kavitha Goud, Defacto complainant came to the police station and lodged a report stating that whenever she needs money she used to take hand loan from the accused
No.1 herein, who is her neighbour and used to return the same. It is further stated that since few days, the Accused No.1 is blaming her by stating that she gave gold and net cash to her. In this regard, on 2310 2016 at about 12:30 PM, accused persons came to their house and abused her and her daughter P. Shravani in filthy language and beat them with hands, when they tried to escape, the accused persons wrongfully confined her, her daughter and also her son Shiva Kumar in a room.
3. On receipt of the above report, C. Ramudu, SI of Police, registered a registered a case in Crime No.338/2016 under Sections 448, 342, 323, 506 read with 34 IPC and took up investigation. During the course of investigation, the Investigating Officer has examined the witnesses and recorded their statements, visited the scene of offence and also examined the witnesses and recorded their statements. Further, referred the injured to Osmania General Hospital for treatment and after completion of investigating, filed charge sheet.
4.Cognizance was taken by my predecessor for the offences punishable U/Sec. 448, 342, 323, 506 read with 34 IPC against the
Accused Nos.1 to 3.
3 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
5.On appearance of the Accused persons, copies of all the documents were furnished to them as required U/sec. 207 Cr.P.C.
6.Accused Nos.1 to 3 were examined U/Sec.251 of Cr.P.C, by explaining the accusations levelled against them for the offences punishable under Sections 448, 342, 323, 506 read with 34 IPC in vernacular language for which, he pleaded not guilty and claimed to be tried.
7. To prove its case, the prosecution has examined P.Ws.1 to 7 and got marked Exs.P1 to P4 . None of the witnesses were examined and no documents are marked on behalf of the Accused persons. P,W.1 is the
Defactocomplainant and victim. P.Ws.2 and 3 are victims. P.W.4 is the
Eye witness. P.W.5 is th Medical Officer. P.W.6 is the Eye witnesses and
P.W.7 is the Investigating Officer.
8. After closure of the prosecution evidence, Accused Nos.1 to 3 were examined U/Sec.313 Cr.P.C with regard to the incriminating evidence available on record against them, for which, they denied and reported no defence evidence.
9.Heard arguments on both sides and perused the record.
10.Now the point of consideration is:
“Whether the prosecution has proved the guilt of Accused
Nos.1 to 3 for the offences punishable U/Sec. 448, 342,
323, 506 read with 34 IPC ?
4 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
Point:
11. It is the case of the prosecution that the Defactocomplainant and the Accuse No.1 are neighours, the Defactocomplainant used to take hand loans from Accused No.1 whenever she is in requirement and used to repay the same. Since few days before lodging the repor, the Accused
No.1 blamed the Defactocomplainant by stating that she took net cash and gold from her and in that regard on 23102016 at about 12:30 PM, accused persons came to the house of Defactocomplainant, abused her and her daughter P. Shravani / P.W.3 in filthy language and beat them with hands, when they tried to escape, the accused persons wrongfully confined P.Ws.1 to 3 in a room.
12. P.W.1 who is the complainant in this case has deposed that in the year 2016 all the accused came to their house and beat her and her children with hands and confined them in a room by locking the doors from outside. P.W.2 who is the son of P.W.1 deposed that the accused beat P.Ws.1 and 3 with hands and confined them in their house by locking the door from outside. P.W.3 who is also injured and daughter of
P.W.1 has deposed that on 23102016, A1 to A3 came to their house and asked them to return the amount and thereafter, beat her mother.
when she intervened, they also beat her and abused P.W.2 and confined them in their house by locking the door from outside. P.W.2 who is the son of P.W.1, P.W.3 who is the daughter of P.W.1 and P.W.4 who is the husband of P.W.1 also deposed in the same manner as that of P.W.1.
5 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
P.W.5 is the Doctor who treated P.W.1 and P.W.3 has deposed that on 23102016 at 1:45 PM she examined PWs1 and 3 and found an aberration on right knee of 2x1 cm to P.W.1 and found swelling over the face of P.W.3 and as such, issued Exs.P2 and P3 Medical Certificates of
P.Ws.1 to 3 respectfully.
13. P.W.6 who is the constable deposed that at 12:45 PM on 2310 2016 he received phone call from S.M. Ramesh, ASI of Police and immediately, he went to PS and they both went to Raja Dhanraj Bhada, there they noticed that door was bolted from outside and they heard shouting from inside the house. On hearing, they opened the door and found three persons inside the house. On enquiry, they revealed their names as Kavitha, Shravani and Shiva Kumar. Thereafter, they returned to PS and PW1 lodged report. P.W.7 is the Investigating Officer, who deposed to the extent of investigation done by him.
14. With the above evidence, the prosecution has to prove that the accused has committed the offences under Sections 448, 342, 323, 506 read with 34 IPC.
15. On perusal of the evidence of P.W.1, it is found that in the cross examination she stated that she is the tenant of their house and her house is surrounded by 30 to 40 residential houses. P.W.2 who is the son of P.W.1 stated in the crossexamination that he is working as mechanic in a shop and he used to go to shop and returns to home at 9:30 PM. On the date of incident he did not go to work. P.W.3 the daughter of P.W.1 in her crossexamination admitted that he is studying Intermediate first
6 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
year and she used to go to college at 9:30 AM and used to return at 12:30
PM. At the time of incident, the neighbours gathered at their house and their house is surrounded by 30 to 40 houses. P.W.4 in his cross examination has stated that at the time of incident neighbours gathered there. It is the case of the prosecution that the complainant P.W.1 used to take hand loan from Accused No.1 and used to return back but the
Accused No.1 has spread the roamers about P.W.1 that she took hand loan of Rs.5 Lakhs and 80 tolas of gold from the Accused No.1. On 2310 2016 at about 12:30 PM all the accused persons came to their house and abused P.W.1 to 3 and also confined them in a room by locking the bolt from outside.
16. P.W.1 in her evidence herself admitted that she used to take loans from Accused No.1 and used to return back and also stated that Accused
No.1 spread roamers on her by stating that she has taken cash of Rs.5 lakhs and 80 tolas of gold from her. When the Accused No.1 has spread the roamers against P.W.1, then, P.W.1 had to go to the house of Accused
No.1 and question her as to why she is spreading roamers against her.
But in the present case, P.W.1 never go to the house of Accused No.1, but the accused persons themselves came to the house of P.Ws.1 to 3 and abused them, beat them and also confined them in their house by locking the bolt from outside which is creating a doubt about the truthfulness of the case of the prosecution.
7 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
17. P.Ws.1 to 4 did not state the reasons as to why the accused persons came to their house, abused them, beat them and confined them in their house. They all denied the suggestion that in order to evade the payment of loan amount to P.W.1, they foisted a false case against the accused persons. They never stated the reasons as to why the accused persons came to their house, abused them, beat them and threatened them. They simply stated that the accused persons came to their house and confined them. But there must be some reason for the accused to come to the house of P.W.1 and abuse them. It is the case of the defence that P.W.1 has taken a loan of Rs.5 Lakhs from the Accused No.1 and also gold of 80 tolas and when they demanded them to return the amount and gold P.W.1 has foisted a false case against the accused persons. Even P.W.6 who is the constable in this case has deposed that himself and S.M. Ramesh, ASI of Police went to the house of P.W.1 situated at Raja Dahnraj Bada and opened the door. The said ASI of
Police i.e. S.M. Ramesh is not examined before this court and P.W.6 in his crossexamination has admitted that when they visited the scene of offence, 10 to 12 members were present and P.W.4 also present there and he did not see as to whom have bolted the door from outside. When
P.W.4 was present by the time they went there, then how P.W.6 and S.M.
Ramesh opened the door when P.W.4 was already present and standing outside the door. It is very vague story and hard to believe the contents, since P.W.4 who is the father of P.Ws.2 and 3 and husband of P.W.1 came there and kept silent watching his family members inside the room without opening the bolt till police coming over there, is a question to be
8 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
answered by P.W.4 but he kept silent with regard to the reason for the said incident.
18. Further, P.Ws.1 to 4 in their crossexamination admitted that they do not know their house number , but surprisingly, P.W.6 who is the constable stated that he reached the house bearing No.142335 and found that 10 to 12 members were present over there, but none of them were examined to speak about the facts of the case. All the witnesses admitted that their house is surrounded by 30 to 40 residential houses but none of the independent witnesses were cited as witnesses in this case. Even P.W.7 the Investigating Officer in his crossexamination has admitted that he visited the scene of offence on 24102016 at 11:00 AM and received Ex.P1 on the same day at about 10:00 AM. When it is the evidence of P.Ws.1 to 6 that on 23102016 at about 12:45 PM they went there and the incident occurred at 12:30 PM and P.W.6 deposed that immediately they returned to Police Station alongwith P.Ws.1 to 3 and
P.W.1 lodged a report. Then the report ought to have lodged on 2310 2016 itself but the Investigating Officer in his crossexamination admitted that he received Ex.P1 from P.W.1 on 24102016, which shows that there is a delay of one day in lodging Ex.P1 report and he admitted in his crossexamination that he has not received any report prior to lodging Ex.P1.
19. It is the evidence of PWs. 1 to 3 and 6 that the report was lodged immediately after the incident, but the Investigating Officer has deposed that he received Ex.P1 report on 24102016. Even on perusal of Ex.P1
9 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
report, it reveals that Ex.P1 was lodged on 24102016 at 10:00 AM, but the incident had occurred on 23102016, which is also creating a doubt about the occurrence of the incident. Further, PW1 in Ex.P1 stated that the accused persons beat P.Ws.1 to 3 with hand whereas, P.Ws.2 and 3 stated that the accused beat P.Ws.1 and 3 only, which also creating a doubt about commission of the offence by the accused persons. Further,
P.W.5 who is a Civil Assistant Surgeon at Osmania General Hospital has deposed that on 23102016 at 1:45 PM she examined P.Ws.1 and 3 and issued Exs.P2 and P3 Medical Certificates of P.Ws.1 to 3 respectively. It is the evidence of P.W.7 that after receiving Ex.P1 from PW1, he referred the injured to Osmania General Hospital for treatment. As per his evidence he received Ex.P1 from PW1 on 24102016 at 10:00 AM whereas, P.W.5 the Doctor has deposed that on 23102016 at about 1:45 PM she examined P.Ws.1 and 3. Then, how it is possible for P.W.5 to examine P.Ws.1 and 3 on 23102016, when P.W.7 referred them to hospital on 24102016 after receipt of report, is also creating a doubt about giving treatment to P.Ws.1 and 3 by P.W.5 at Osmania General
Hospital. On perusal of Exs.P2 and P3 Medical Certificates it is mentioned that P.W.1 sustained aberration on right knee and PW3 sustained swelling over face. Whereas, P.W.1 in her evidence did not state as to where she sustained the injury so also P.W.3. On perusal of entire case on record, it is establishing that it is a story foisted against the accused by P.W.1 in order to evade payment of amount taken by her since the evidence of PW1 to 7 are inconsistent with each other and not corroborating with each others evidence. On the other hand, it is
10 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
strengthening the case of the accused that P.Ws.1 to 4 have implicated the accused persons in this case to evade the payment of loan. Moreover, no independent witnesses are examined before this court though they are cited as witnesses by the prosecution. Absolutely, there is no convincing evidence appearing on record to prove the guilt of the accused.
20. For the foregoing reasons, the prosecution has failed to prove the guilt of the accused beyond all reasonable doubt for the offence punishable under Sections 448, 342, 323 and 506 read with 34 IPC.
21. In the result, the Accused Nos.1 to 3 are found not guilty for the offences punishable under Sections 448, 342, 323, 506 read with 34 IPC
Accordingly, they are hereby acquitted as per the provisions U/s.255(1)
Cr.P.C. for the said offences. The bail bonds of Accused Nos.1 to 3 shall stand cancelled after expiry of appeal time as contemplated under section 437A Cr.PC.
Dictated to the Stenographer, transcribed and typed be her, corrected and
pronounced by me in the open court on this 17 th day of August, 2022.
XVI ADDL. CHIEF METROPOLITAN MAGISTRATE,
HYDERABAD
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:
P.W.1: P. Kavitha Goud, Defactocomplainant P.W.2 Shiva Kanth Goud, Eye witness / son of P.W.1 P.W.3 Kum. Shravani, Victim / Daughter of P.W.1 P.W.4 P. Gangadhar Goud, Witness / husband of P.W.1 P.W.5 Dr. P. Swapna, Medical Officer P.W.6 K. Shekar, Police Constable P.W.7 P. Ramudu, Investigating Officer FOR DEFENSE: NIL
11 of 11 CC No.121 of 2017 XVI A.C.M.M., Hyd.
EXHIBITS MARKED
FOR PROSECUTION: Ex.P1: Report Ex.P2: Medical Certificate of P.W.1 Ex.P3: Medical Certificate of P.W.3 Ex.P4: FIR
FOR DEFENSE: NIL
MATERIAL OBJECTS MARKED
FOR PROSECUTION: NIL FOR DEFENSE: NIL
XVI ADDL. CHIEF METROPOLITAN MAGISTRATE,
HYDERABAD