1
IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASSCUMJUNIOR CIVIL
JUDGE : KOTA
PRESENT: Smt.M. SAILAJA,
JUDICIAL MAGISTRATE OF FIRST CLASS, KOTA,
Dated this the 16th day of March, 2020.
CALENDAR CASE NO.48 OF 2016
(Crime No.80 of 2015 of Chittamur Police Station) Between: State :– The SubInspector of Police, Chittamur Police Station. … Complainant
AND
1. Ingilala Naresh, S/o.Venkataiah, Hindu, Aged 26 years, Caste: S.C. Mala.
2. Ingilala Subrahmanyam, S/o.Muthyalaiah, Hindu, Aged 50 years, Caste: S.C. Mala.
3. Ingilala Nagababu, S/o.Subrahmanyam, Hindu, Aged 26 years, Caste: S.C. Mala.
4. Kuduru Ramanaiah, S/o.Venkata Subbaiah, Hindu, Aged 35 years, Caste: S.C. Mala.
5. Ingilala Kistaiah, S/o.Nagaiah, Hindu, Aged 38 years, Caste: S.C. Mala.
6. Ingilala Kasthuramma, W/o.Subrahmanyam, Hindu, Aged 45 years, Caste: S.C. Mala.
7. Ingilala Indiramma (Abated).
All are resident of Harijanawada, Kokkupalem Village, Chittamur Mandal, S.P.S.R. Nellore District. … Accused
This case is coming on this day for final hearing before me in the presence of the learned Assistant Public Prosecutor for the Complainant and of Sri.L.Ramachandra
Rao and Sri P.V.Ramanaiah, Advocates for the Accused, and the matter is having stood over for consideration to this day, this Court passed the following:
J U D G M E N T
01.The SubInspector of Police, Chittamur Police Station has filed the charge sheet against the Accused in Cr.No.80/2015 of Chittamur P.S. under Section. 326 r/w 34 of
Indian Penal Code.
02. The gist of the accusation against the accused as can be seen from the contents of the charge sheet is that: The father of the LW1 sold the house site an extent of 0.4 cents to Ingilala Naresh/A1 without the knowledge to the Lws.1, 2 and other sisters of LW1.
For the said sale of house site A1 given an amount of Rs.38,000/ to the father of LW1 2 but, there is no agreement in between them. By knowing the said sale Lws.1 and 2 objected the same through their parents and requested the A1 to take back the
Rs.38,000/ through their village elder D.Muthyalaiah, D.Masthanaiah. While so, on 17.09.2015 at morning time the accused arranging the roof with Palmyra leaves to the house situated at the disputed site. Then Lws.1 and 2 by seeing the same went there and try to pull the Palmyra leaves. Then Accused No.2 beat the Lws.1 and 2 on their right hand with a stick resulting which LW1 sustain simply injuries LW2 sustained grievous injuries and remaining accused also assaulted against Lws.1 and 2 by beating with sticks and caused swelling injuries.
On 17.09.2015 at 12.30 PM., LW1/defacto complainant and LW2 came to
Chittamur Police Station and presented a report to LW7/Head Constable of Chittamur
Police Station. Basing on the report of LW1, the said LW7 registered the same as a case in Cr.No.80/2015 U/sec.324 r/w 34 IPC of Chittamur Police Station and took up investigation and visited the scene of offence, drafted the rough sketch of the scene of offence, examined the witnesses and recorded their statements. During the course of investigation on 28.09.2015 the accused/A1, A2, A6 and A7 surrendered before the police station it self and Section 41(a) of Cr.P.C., notices served to the accused and sent him to the Court and obtained bail. After receiving the wound certificates and XRay report altered Section from Sec.324 IPC to Sec.326 of IPC. After completion of investigation, LW8 filed charge sheet.
03. On perusal of record, the case was taken on file under section 326 r/w 34 IPC against A1 to A7.
04. On appearance of the accused copies of documents were furnished as contemplated under section.207 Cr.P.C. to them.
05.When the accused was examined U/Sec.239 Cr.P.C., they denied the charge sheet allegations and then the charge is framed for the offence under Section.326, 324 r/w 34
IPC, and the contents of charge were read over and explained to them in Telugu, to which they pleaded not guilty and claimed to be tried. Hence, the trial.
06.To prove its case, the prosecution has examined Lws.1, 3, 6 and 7 as PWs.1 to 4 and marked Exs.P1 to P7 and Ex.D1. Hence, the prosecution evidence is closed.
07. On the closure of the evidence on the prosecution side, the accused was examined
U/Sec. 313 Cr.P.C. in respect of incriminating evidence found against them, and they denied the same as false and reported no defence. Hence, evidence on the defence side is closed.
08. Heard the learned counsel for the accused and LAPP. The LAPP submitted the written arguments and perused the record. The learned APP., took this Court through the evidence of PW.1 to 4 and argues that their testimony amply proves that the accused
Nos.1 to 7 caused injury to PW.1 and LW2 and the testimony of prosecution witnesses is consistent with the guilt of the accused persons, and inconsistent with the innocence of 3 the accused and the contradictions elicited by the defence counsel are minor in nature and do not go to the root of the case and hence conviction is sustainable against all the accused nos.1 to 7.
On the other hand, the learned defence counsel contended that there are house site disputes between PW1, LW2 and accused persons and parents of the PW1 sold the house site to the accused persons with the knowledge of PW1 and other sisters and PW1 and LW2 filed this false case with all false allegations. The evidence of PW.1 itself is contrary to her evidence in respect of motive of incident and getting treatment. The evidence of PW2 can not be taken into consideration as she is the relative of PW1 and also she is not the direct witness to the incident. Further argued that investigating officer not seized weapon or produced the same before the court which was alleged to used at the time of offence and not examined the persons present in the rough sketch at the commission of the offence certainly fatal to the prosecution case and the accused is entitled for benefit of doubt.
09. Now the point for determination is that:
“1. Whether the A1 to A7 beat the PW1 and LW2 with a stick with common intention and thereby they are liable for the offence under Sections 326, 324 r/w.34
I.P.C ?
2. Whether the prosecution proved the guilt of the Accused Nos. 1 to 7 for the offence punishable U/Sec.326, 324 r/w 34 of I.P.C. beyond reasonable doubt? ”
10. Point Nos.1 and 2 are discussed and decided together for the sake of convenience:
This is a case of voluntarily causing grievous hurt to the injured by the accused persons by dangerous weapon or means, which ispunishable under section 326 and also sec. 324 of IPC. In order to sustain the charge under section 326 of IPC, the prosecution must prove that the injured in this case sustained grievous injury and such injury was caused by the accused by using an instrument, which is used as a weapon of offence which is likely to cause death.
11. Unfolding the case of prosecution, the defacto complaint in this case by name
L.W.1 examined as PW1/I.Nagamma who is the defacto complainant and injured has deposed that in her chief her parents owned a house site an extent of four and half ankanams in their village near to the end of their village. Without knowing them her parents tried to sold away the said house site to A2 for a consideration of Rs.48,000/ on the request of A1 and A2 and they came to know that they paid an advance amount of
Rs.5,000/ for the said site. Later after knowing the said consideration and sale of the said house site and they being the four daughters to her parents they did not agree for the same thus they returned the advance amount of Rs.5,000/ to them. Later hearing their words with deaf ears A2 sent Rs.38,000/ to them where they returned the said 4 amount. Except taking advance amount her parents and themselves did not entered into any agreement or anything else. Again on one day A5 brought Rs.10,000/ to her mother for the said house site where in her mother requested them as they are not going to sell the said house site for which as they daughters did not agree to sell.
(a). On 17.09.2015 without hearing their words A1 to A7 trespassed into their house site and tried to lay hurt in the said site without selling to them. On seeing that she, herself and LW2 got ready to go to Chittamur Police Station on complaining about the illegal acts of AS1 to A7. On that noticing that the accused stitching dried palm leafs a roof, LW2 went and pulled the said dried palm leafs (thataku) as it is their site and they never sold them. At that time A2 beat LW2/I.Veeramma with stick on her right hand near elbow resulting fracture injury to her. While she tried to intervened A2 beat her on her both hands resulting split and blunt injuries. Then A1, A3 to A7 came as a mob and beat herself and LW2 with hands by caught hold of their tuft of hairs.
Meanwhile LW3 and LW4 observing from the road ran to them, intervened and helped from the accused and further sent them in auto. Directly herself and LW2 reached to police station and on her narration police drafted a written report where in the contents of the report was narrated to them by the police and after that she signed on it.
CrossExamination of PW1 deposed and admitted that the disputed land was sold by her parents to the accused persons prior to filing of this case. The accused persons constructed the house in the disputed land. The accused persons has given an amount of
Rs.38,000/ to her parents prior to filing of this case. The PW1 further admitted that they do not know about the sale of the disputed site by her parents to the accused persons. She was got married with the person residing in the Kokkupalem Village and her other two sisters also residing in the same said village. The PW1 deposed by denying the suggestion that they have know about the sale of disputed site by her parents to accused persons. The PW1 admitted that the dispute occurred when their cattle/buffaloes as entered into the house constructed by the accused persons.
(a). The PW1 parents sold an extent of Ac.0.4 ½ cents to the accused persons.
The PW1 deposed by denying the suggestions in their village they went for compromise about this case with the accused persons. At present she is residing in the disputed site and they have returned the amount of rs.38,000/ through one Damai Muthayalaiahan did not to the accused persons and the said Damai Muthyalaiah did not given the said amount to the accused and he again returned the same to her, then herself, went and given the said amount to the A7. The PW1 further admitted that at present the A7 was no more. The police did not seized the sticks used by the accused. The accused beat them at the disputed site. The police prepared the report on their narration on the same date of offence at about 10.00 AM. The PW1 deposed by denying the suggestion that their parents with their knowledge only sold the disputed site to the accused persons and 5 as their cattle entered into the accused person's site they picked up quarrel with them and filed this false case with false allegations.
12.The LW3 examined asPW2/I.Veeramma, deposed in her chief she is an illiterate at about vive years ago on one day at about 10.00 AM., while she heard galata sounds she ran near to the house site of PW1 and found A1 to A7 were in the site of PW1, LW2 and laying hut. Then LW2 went and caught hold of the dry palm leaf/thataku matta. At that time A2 hit LW2 with stick on her right hand where in she received fracture injury near her right elbow. Meanwhile PW1 intervened at that time A2 beat PW1 on her both hands with stick received injuries., A1, A3 to A7 came and fallen upon the PW1, LW2 and was beating them with their hands. Further she, herself along with others intervened and pacified the issue and shifted PW1, LW2 to the hospital in an auto. She do not know the motive of the offence.
In CrossExamination PW2 deposed that PW1 and LW2 are her relatives and both are got married the persons belongs to their village. The parents of the PW1 and LW2 also residing in their village and they are look after by the PW1 and LW2. The parents of
PW1 and LW2 residing separately in the same village. The PW2 deposed by denying the suggestion that she did not stated to the police that she was not present at the time of galata between the accused persons and PW1 and LW2. A3 is studying but she do not know where he is studying. The house site was sold by the parents of PW1 and LW2 to the accused persons. She do not know when the parents of the PW1 and LW2 sold the house site to the accused. The PW2 admitted that A1 constructed the house in the house site purchased by him from the parents of the PW1 and LW2. She do not know about the money matters in between the accused and PW1 and LW2. The PW2 deposed by denying the suggestion that she is deposing false evidence at the instance of PW1 and police.
13. The LW6 examined as PW3/Dr.P.Ramesh, who is the Medical Officer, deposed in his chief on 17.09.2015 at about 2.00 PM., PW1 and LW2 came to their hospital and he started treatment to the PW1 and LW2 and he also referred PW1 and LW2 to the XRay,
Gudur Area Hospital and found injuries. There is no fractures found in the XRay of
PW1, and issued the wound certificate with opinion that the injuries are simple in nature. On the same day he also started treatment to the LW2 and found injuries. As per the XRay report of LW2 found the fracture at elbow region and issued the wound certificate with opinion that grievous in nature.
InCrossExamination PW3 deposed that he issued the wound certificates only to the PW1 and LW2. The PW3 deposed by denying the suggestion that he issued the wound certificates formally at the request of the police. As he is not a radiologist he do not know the report and status of XRay. The PW3 admitted that he did not mentioned 6 in the wound certificates whether the radiologist is the private radiologist or
Government. He did not referred the PW1 and LW2 to the Orthopedic. As he given the treatment to the PW1 and LW2 he issued the wound certificates.
14. The LW7 examined as PW4/D.Mahaleela Babu who is the investigating officer, the then Head Constable of Chittamur Police station deposed formal lines in his chief examination on 17.09.2015 when he was present in the police station at 12.30 PM.,
PW1, LW2 came to the police station with swelling of both hands. He immediately sent them to the Vakadu Government hospital with medical memo and also received the written report from them. He registered the same as a case in Cr. No.80/2015
U/sec.324 r/w 34 of IPC., examined the witnesses, recorded their statements and prepared rough sketch. On 13.10.2015 he received the wound certificates and xray report, he arrested the A1 to A7 on 28.09.2015 and after following all due formalities released the accused by issuing Sec.41A Cr.P.C., notices. After receiving the wound certificates and xray report altered section from Sec.324 IPC to Sec.326 IPC. On verification of his investigation LW8/SubInspector of Police of Chittamur Police Station filed charge sheet.
In the crossexamination PW4 deposed and admitted that as per the FIR he mentioned only names of the accused and do not mention other details of the accused persons. He have not seized the material object from the scene either stick or stones.
The FIR column he did not obtained any signature or thumb impression of complainant.
He did not shown the details four sisters of the PW1. He did not mentioned the names of the persons shown in rough sketch as witnesses. The PW4 deposed by denying the suggestion that as LW3 to LW5 are relatives of the PW1 and LW2 he did not shown the other eye witnesses in charge sheet. The PW4 further admitted that there is a civil dispute pending between the accused persons and PW1 and LW2. At the time of altercation the parents of PW1 and LW2. As the parents of PW1 and LW2 were not present at the scene hence he did not examined them. The PW4 further deposed by denying the suggestion that he did not done the proper investigation in this case at the instance of PW1 with political influence and he filed the false case.
15. Coming to the evidence on record to prove the offfence U/s 326 of IPC, prosecution has to prove the ingredients of Sec320 of IPC. PW.1 is the injured witness categorically testified in his chiefevidence accused nos.1 to 7 trespassed into their/PW1 house and tried to lay hurt and on noticing the same as accused stitching the dried palm leafs to roof, LW2 went and pulled the said dried palm leafs/thataku as they never sold that house to the accused, then Accused no.2 beat LW2 with stick on her right hand near elbow resulting fracture injury. When PW1 tried to intervene Accused no.2 also beat her on her both hands resulting split and blunt injuries. In crossexamination the learned defence counsel posed questions to PW.1 at length relating to the land sold by the 7 parents of the PW1 prior to filing of this case, constructing the house by the accused persons at disputed site and giving amount to the parents of the PW1 by the accused persons. But, as seen from the crossexamination of PW.1 it disclosed that PW.1, LW.2 are own sisters and there is a property dispute between PW1, LW2 & other sisters of
PW1 with accused persons regarding the sale of disputed site to the accused persons by the parents of PW1. But the learned defence counsel did not try to disprove the relevant facts which was narrated in chief evidence of PW.1 and injuries sustained by her and
LW.2.
16. Coming to the other evidence on record, PW.2 who is eye witness to the incident sailed with the version of the PW.1. The learned counsel for the accused argued that
PW.2 is relative of PW.1 she is interested witness, naturally supports the evidence of
PW.1, even though she knows nothing about the incident and therefore her evidence on the face of it, cannot be taken into consideration as she is interested to PW.1. But it is to be noted that mere relationship is not a ground to dispel their evidence, if it is otherwise found credible and trustworthy. While assessing the evidence of such witness, it is the duty of the court to see whether their evidence is free from infirmities, inconsistencies and embellishments from their earlier versions and whether their evidence probables the very genesis of the occurrence of the alleged offence.
17. According to PW.2 though she deposed contrary to Ex.D1 that she did not went to the hospital and police station with PW1 and LW2 but she categorically deposed that
Accused no.2 hit the LW.2 and PW.1 with stick on the right hand of the LW2 and hands of the PW1 resulting received injuries. Further the PW.2 in her chief examination itself deposed that she do not know the motive of this offence though she deposed in her crossexamination that she know the sale of house site by the parents of PW.1 to the accused persons and accused no.1 constructed house in the site of purchased from the parents of the PW.1. On perusal of the evidence of PW.2 itself, Had really the PW.2 has an intention to depose the evidence against the accused persons, she might have deposed the parents of PW1 did not sold the site to the accused. Nonetheless, there is no infirmities in the evidence of PW.2. As already stated above, when the evidence of related witness is cogent and convincing, the relationship is no ground for rejecting his oral testimony. The evidence of PW.2 is worthy of credence and the same cannot be discarded. Further, PW.2 was subjected to crossexamination, but nothing was elicited by the learned counsel for the accused with regard to the incident and injuries sustained by the PW.1 and LW.2. Hence, in the absence of anything positive answers in the cross examination of PW.2 to show that his evidence is more exaggeration and suffers with lot of developments and improvements. It is difficult to discard her testimony merely because that there is contrary to the her statement in respect of went to the hospital along with the PW1 and LW.2.
8 18. Further, the PW.3/Doctor who treated the PW.1 and LW.2 and referred them to the Gudur Area hospital for xray deposed that PW.1 sustained injuries as per the
Ex.P2/wound certificate of PW1 at her right hand swelling and pain and right lower back ache and no fracture found in xray report of PW.1. For LW.2 deposed that right elbow region swelling and pain and right lower back ache and also found fracture as per the x ray report of LW.2. The learned counsel for the accused argued that there is no xray reports and radiologist is neither cited nor examined as witness and injuries were not proved which is fatal to the case of the prosecution.
Nonetheless, medical evidence is only for corroboration and when the evidence of injured which is corroborated with the direct eye witness to the incident about the overt acts of Accused no.2 against PW.1 and LW.2 In such a case, for the reason of non examination of radiologist and xray reports the entire prosecution case can not be brushed out. Further, having considered the evidence of PW.1 to PW.3, Ex.P2 and P3 is quite believable and acceptable that PW.1 sustained the injuries at right hand and lower back at the time of incident.
19. Nonetheless, the PW.1, PW.2 subjected to crossexamined by the learned defence counsel about the injuries caused by accused no.2 to PW.1 and LW.2 but nothing was elicited to impeach the credibility of PW.1 and PW.2 about the incident and assault of accused no.2 against PW.1 and LW.2. The evidence of prosecution is also useful to establish the motive for the accused causing injuries to PW.1 and LW.2. However, the evidence of PW.1 is itself silent about the assault of accused nos.1, 3 to 7 against them.
Though the PW.1 deposed that A1, A3 to A7 beat the PW.1 and LW.2 but they did not testified specifically who beat them and where they beat, to fix up the liability against them. To clear the said ambiguity this court tried to look into the evidence of LW.2 who is other injured and direct witness to the incident but surprisingly she was not examined by the prosecution for the reasons best known, in the said facts and circumstances it is certainly a dent upon the case of prosecution. Hence, there is no iota of evidence to fix up the liability against the accused nos.1, 3 to 7.
20. Nonetheless, the evidence of PW.1/one of the victims is cogent and specific with regard to overt act of accused no.2 and the injuries sustained by her and the evidence of
PW.1 supported by wound certificate/Ex.P2. In such a case though there are minor contradictions in the evidence of PW.1 with regard to the motive of incident, there may not be any change in the case of prosecution. Further, the testimony of PW.1 supported by the evidence of direct independent eye witnesses/PW.2 along with Ex.P1/report which sets the criminal law into motion and established the case of prosecution.
A).At this juncture, this court relying on another decision held in Boppana
Beeraiah vs The State Represented by the Public Prosecutor, Criminal Appeal
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No.1010 of 2010 decided on 19.05.2016 by our Hon’ble Division Bench of High
Court held that “In Criminal jurisprudence, the testimony of an injured witness has high evidentiary value, ordinarily a person who suffered injuries at the hands of another would not shield the real offender and falsely implicate an innocent. This view is supported by a catena of judgments. (Para 21)”. Further stated that, “the deposition of the injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies therein”.
21. Further, argument of the learned defense counsel is non seizure of the material object is fatal to the case of the prosecution. For this point this court would like to relied upon the judgment reported in Palvai Devaiah Vs. The State of AP. Rep by Public
Prosecutor in Crml.Appeal No.946 of 2008 decided on 4.7.2012 at para 20, held that even if the weapon used in the commission of offence is not seized, it is not fatal to the prosecution case, when the eye witnesses categorically stated about the factum of accused No.1 beating the deceased with a stick.
22. Nevertheless, in this case on hand, there is no contradictions and discrepancies which ruin the entire evidence of prosecution. Having considered the evidence of PWs.1 to 4 coupled with Exs.P.2 and P3 it can be said that the the evidence of prosecution witnesses consistent of material point that there were no material improvement or material contradictions which could shake the veracity of their version. Thus the prosecution has established the usage of deadly weapon by the accused no.2 and caused injury. Now it has to be seen whether the prosecution could establish that the injury sustained by the injured is a Grievous one. The word Grievous is defined in section. 320 of IPC. Eight kinds of injuries are designated as Grievous. The injury of PW.1 mentioned in her wound certificate is a right hand swelling and lower back ache and simple in nature. Further, the injuries of LW.2 is right elbow region swelling and right lower side back ache and grievous in nature. As already stated above that the learned defence counsel argued that as no Radiologist who is neither cited as witness nor examined in this case and section 326 of IPC has no applicability. Non examination of LW.2/injured by the prosecution and nonexamination of radiologist is definitely a fatal to the case of prosecution.
23. In the light of the foregoing discussion, this court determines that the prosecution failed to establish the assault of Accused Nos.1, 3 to 7 against PW.1 & LW.2. and injuries sustained by LW.2 is Grievous hurt. However, the prosecution has successfully
established the guilt of Accused No.2 beyond reasonable doubt that the Accused
No.2 has voluntarily caused hurt to P.W1 by means of a deadly weapon(Stick). This act of the Accused No.2 though doesn’t fall under section 326 IPC, squarely falls under section 324 IPC. Hence the accused No.2 is liable for punishment for committing the offence under section 324 IPC. Further, the prosecution failed to bring home the guilt 10 of the Accused no.1, 3 to 7 for the charge U/sec. 326, 324 of IPC thus, the Accused No.1, 3 to 7 are entitled for the acquittal on benefit of doubt.
24.In the result, Accused No.2 is found guilty and he is convicted under section 248 (2) Cr.P.C for the offence under Secs. 324 I.P.C. and the Accused No.2 is not guilty for the offence under section 326 of IPC and he is acquitted under section 248 (1) of Cr.P.C. Further, this Court find that Accused No.1, 3 to 7 are not guilty for the offence under section 326 and 324 of IPC and they are acquitted under section
U/sec.248 (1) of Cr.P.C. The Accused Nos.1, 3 to 7 directed to execute bail bonds, to appear before the Higher Court as and when such Court issues notice in respect of any appeal or petition filed against the Judgment of the respective Court and such bail bonds of the Accused shall stands discharged after expiry of six months from the date of this judgment as contemplated u/sec 437A Cr.P.C. No property order is passed since no property seized and produced.
Typed to my dictation by the Typist directly on system, corrected and pronounced by me in open Court, this the 16th day of March, 2020.
Sd/M.Sailaja,
JUDL. MAGISTRATE OF FIRST CLASS,
KOTA.
01. Hearing on Quantum of Sentence of Accused No.2:
Accused No.2 is present reported the he is 57 years old and he is suffering from
Diabetes, High Blood pressure problems and he has to go for medication regularly and his wife also age old and depending on him, he is only the person to look after his family and he is doing coolie works for their daily necessities prayed the Court to take lenient view. In view of nature of offence and facts of the case this Court feels that he is not entitled for the benefit of Provisions of 3 and 4 of P.O. Act.
Therefore, on considering the facts and circumstances of the case and motive behind the present case, this Court is of opinion that imposing fine will meet the ends of justice. The Accused No.2 is sentenced to pay a fine of Rs.10,000/ (Rupees Ten thousand only) for the offence punishable under section 324 of IPC in default of payment of fine the accused No.2 shall undergo simple imprisonment for a period of Six
Months.
02. The remand period of the accused No.2 during the pendency of trial shall be set off under Sec. 428 Cr.P.C., if he is not paid fine amount. As per the office note put up by the Bench Clerk concerned, there is no remand period to the accused.
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03. The accused No.2 is appraised of his right of appeal and of free Legal Aid
Counsel. The accused stated that he have means to engage Counsel on his behalf to prefer appeal.
Sd/M.Sailaja,
JUDL. MAGISTRATE OF FIRST CLASS,
KOTA.
Typed to my dictation by the Typist, corrected and pronounced by me in the Open
Court on this the 16 th day of March, 2020.
APPENDIX OF EVIDENCE
(WITNESSES EXAMINED)
FOR PROSECUTION : FOR DEFENCE: PW1 : I.Nagamma. None– PW2 : I.Veeramma. PW3 : Dr.P.Ramesh, Medical Officer. PW4 : D.Mahaleela Babu, Investigating Officer.
EXHIBITS MARKED FOR PROSECUTION :
Ex.P1 : Report of PW.1. Ex.P2 : Wound Certificate of PW1. Ex.P3 : Wound Certificate of LW2. Ex.P4 : F.I.R in Cr. No.80/2015 of Chittamur Police Station. Ex.P5 : Rough Sketch in Cr. No.80/2015 of Chittamur Police Station. Ex.P6 : XRay Report of LW2. Ex.P7 : Section alteration memo.
EXHIBITS MARKED FOR DEFENCE:
Ex.D1: Part of 161 Cr.P.C. Statement of PW2.
MATERIAL OBJECTS :
NIL
Sd/M.Sailaja,
JUDL. MAGISTRATE OF FIRST CLASS,
KOTA.
// TRUE COPY//
JUDL. MAGISTRATE OF FIRST CLASS,
KOTA.
12
Calendar and Judgment
Nellore : District.
Calendar of cases tried by the Judicial Magistrate of I Class, KOTA
Date of
Offence Report or Apprehension Release on Commen Close of Sentence or
complaint of accused bail cement of trial order
trial 17.09.1517.09.15 28.09.15 28.09.1523.01.2012.02.2016.03.20
Judgment in Calendar Case No.48 of 2016 on the file of the Judicial
Magistrate of First Class, KOTA.
Crime No.80 of 2015 of Chittamur Police Station. Complainant: State: Sub Inspector of Police, Chittamur Police Station.
Vs.
Name of Age:Father’s/ ReligionCalling Residence Mandal accused YearsHusband’s name
1. Ingilala Naresh, S/o.Venkataiah, Hindu, Aged 26 years, Caste: S.C. Mala. 2. Ingilala Subrahmanyam, S/o.Muthyalaiah, Hindu, Aged 50 years, Caste: S.C. Mala. 3. Ingilala Nagababu, S/o.Subrahmanyam, Hindu, Aged 26 years, Caste: S.C. Mala. 4. Kuduru Ramanaiah, S/o.Venkata Subbaiah, Hindu, Aged 35 years, Caste: S.C. Mala. 5. Ingilala Kistaiah, S/o.Nagaiah, Hindu, Aged 38 years, Caste: S.C. Mala. 6. Ingilala Kasthuramma, W/o.Subrahmanyam, Hindu, Aged 45 years, Caste: S.C. Mala. 7. Ingilala Indiramma (Abated). All are resident of Harijanawada, Kokkupalem Village, Chittamur Mandal, S.P.S.R. Nellore District. Offence: Voluntarily causing hurt. Voluntarily causing grievous hurt by dangerous weapons or means. Sentence or Order: Accused No.2 is found guilty and he is convicted under section 248 (2) Cr.P.C for the offence under Secs. 324 I.P.C. and the Accused No.2 is not guilty for the offence under section 326 of IPC and he is acquitted under section 248 (1) of Cr.P.C. Further, this Court find that Accused No.1, 3 to 7 are not guilty for the offence under section 326 and 324 of IPC and they are acquitted under section U/sec.248 (1) of Cr.P.C. The Accused Nos.1, 3 to 7 directed to execute bail bonds, to appear before the Higher Court as and when such Court issues notice in respect of any appeal or petition filed against the Judgment of the respective Court and such bail bonds of the Accused shall stands discharged after expiry of six months from the date of this judgment as contemplated u/sec 437A Cr.P.C. No property order is passed since no property seized and produced.
Explanation of delay and remarks: On 16.01.2016 the case was taken on file. On 22.01.2018 accused were present and copies of documents was furnished to them. On 06.02.2018 accused were examined under Sec.239 of Cr.P.C. On 23.01.2020 Pw.1 was examined and got marked Ex.P1. On 07.02.2020 Pw.2 was examined and got marked ExD1 On 12.02.2020 Pws.2 and 3 were examined andgotmarkedExs.P2toP7onbehalfoftheprosecutionsideandtheevidenceofprosecutionwasclosed.Theacc usedwereexaminedunderSection.313Cr.P.C.,on28.02.2020andpostedforarguments.Argumentsheardon 05.03.2020andpostedforJudgment.Judgmentwaspronouncedon16.03.2020. Sd/M.Sailaja,
JUDICIAL MAGISTRATE OF I CLASS,
KOTA Copy Submitted to: The Hon’ble Chief Judicial MagistrateCum Prl. Senior Civil Judge, Nellore. Date of receipt of Docket From Remarks of the Chief Judicial Magistrate Calendar Case No. Date of Judgment Date of dispatch of Calendar Date of receipt. Copy Submitted to: The Hon’ble Secretary, District Legal Services Authority, Nellore.
// TRUE COPY//
JUDL. MAGISTRATE OF FIRST CLASS,
KOTA.