IN THE COURT OF THE ASSISTANT SESSIONS JUDGE :AT: JAGTIAL.
PRESENT: SRI.M.SATISH KUMAR,
ADDL. ASST. SESSIONS JUDGE,
KARIMNAGAR.F.A.C.ASST.SESSIONS
JUDGE, JAGTIAL.
Wednesday, the 21st day of August, 2019
SESSIONS CASE NO.843 of 2007
(On committal made by the Learned Judicial Magistrate of First Class, Jagtial vide PRC No. 92 of 2007)
Name of the Complainant:The State represented by the Inspector of Police, Jagtial PS in Cr.No. 270 of 2006.
Name of the Accused :A2:Alle Raju, S/o.Shankaraiah, 23 years, R/o Ashireddypalli
Charges:U/Sec.457, 395, 342 and 506 of IPC.
Plea of the Accused:“ Not Guilty “ Finding of the Court:“ Not Guilty”
Sentence or Order : In the result, the accused No.2 is found not guilty for the offence punishable under sections 457, 395, 342 and 506 of IPC and accordingly he is acquitted under section 235 (1) Cr.P.C. The bail bonds of the accused No.2 shall cancelled forthwith. The Superintendent Dist.Jail, Karimnagar is directed to release the accused No.2 forthwith if he is not required in any other case.
Prosecution conducted by:Additional Public Prosecutor.
Accused defended bySri R.Sriramulu, Advocate
This case is coming before me on 19.08.2019 for final hearing in the presence of Addl. Public Prosecutor for the State/Complainant and of Sri R.Sriramulu, Advocate for Accused, upon perusing the material papers on record, having heard and having stood over for consideration till this day, the Court delivered the following:- :: J U D G M E N T ::
1)This is a case committed by the learned Judicial Magistrate of First Class,
Jagtial to the Court of Sessions Devision, Karimnagar under Sections 457, 395, 342 and 506 IPC by his order dated 28.11.2007 in P.R.C No.92/2007 and made over to this Court by the Court of Sessions Division, Karimnagar for disposal in accordance with the law.
2)The C.I. of Police P.S.Jagtial charge sheeted the accused in
Cr.No.270/2006 for the offence under Sections 457, 395, 342 and 506. This is a split up case and originally the evidence was recorded in this case and during the course of time the case against some of the accused was split up and numbered as S.C.No.335/2009 and 335/2013. The said cases ended in acquittal. The brief averments of the prosecution, in brief, is that the complainant is the resident of
Govindupalli, Jagtial and did a business of contractor. The accused No.2 along with other accused formed a gang under the leadership of accused No.1 Bonagiri
Mallesham an ex militant of CPI (ML) Janashakti and he was also involved in the murder case in Cr.No.49/2000 of P.S.Kodimial and also committed house robberies along with his associates in Kodimial and Mallial P.S limits. About 1 1/2 years back
A1 along with A4 and others killed one person in Ramadugu for Rs.1,00,000/- in
Cr.No.58/2005 of P.S.Ramadugu and arrested for the above case, when he was in
Sub Jail, Jagtial he was contact with A5 Maqbool Pasha and others and they were hatched a plan to commit dacoities. According to their plan, they committed the docoity in Kodimial in Cr.No.70/2006 of P.S.Kodimial and A5 selected the houses of rich persons as per the directions of A1 and further A5 select LW1's (K.Manohar
Rao) house. On 07.11.2006 at about 2030 hours, the complainant along with his wife and daughter were present in his house, at the time the accused No.2 along with another accused came to his house and asked for the sand, for their construction work, but the complainant refused by saying that the sand for his personal works only and while the discussions were going on A3 also entered into the house and closed the doors and threatened them with dire consequences on the point of Toy Pistol and demanded the complainant to give Rs.15,00,000/- and searched all the almirah and committed the theft of 33 tolas gold, worth
Rs.1,65,000/- and leave from the scene of offence by confined the complainant, his wife and daughter in their kitchen and bolted it from outside. Thus, the accused No.2 along with other accused committed the offence punishable under
Sections 457, 395, 342 and 506.
3)The learned Judicial Magistrate of First Class, Jagtial took cognizance of the offence and after furnishing the copies of the documents relied upon by the prosecution under Section 207 Cr.P.C the case was committed to the Court of
Sessions Division, Karimnagar by his order dated 28.11.2007 in P.R.C No.92/2007
and the same was made over to this Court by the Court of Sessions Division,
Karimnagar for trial and disposal.
4)On appearance of the accused and after hearing the learned Additional
Public Prosecutor and the counsel for the accused this Court has framed the charge under Sections 457, 395, 342 and 506 IPC, against the accused, read over and explained to him in Telugu for which he pleaded not guilty and claimed to be tried.
5)During the trial out of 17 witnesses cited by the prosecution agency in column No.13 of the charge sheet, the prosecution could examine only PW.1 as witness. The Additional Public Prosecutor has given up the evidences of LW11 (P.Rajinikanth) and LW12 (Siripuram Srinivas) as they are confession panchas for
A4 to A6 only. The prosecution also failed to examine the other witnesses including investigating officers also.
6) Heard both sides.
7) Now the point for consideration is:
Whether the prosecution could prove the guilt of the accused for the charge under Sections 457, 395, 342 and 506 IPC?
9)To prove its case, the prosecution has examined PW1 and got marked
Ex.P1 only. PW1 who is the victim has deposed in his chief examination that about 3 years back, the accused No.2 and other accused came to his house at about 8.30 pm with an intention that he being a contractor and asked for sand, for construction. He has further deposed that the other accused persons observed inside of the house and threatened with dire consequences and damaged the furniture and other articles by showing the pistol to the complainant and had committed the docoity of 60 tulas gold that was purchased by the complainant for her daughter's marriage worth Rs.5,00,000/-. He has deposed in his further chief examination that he cannot identified the persons who came to his house on the night of incident as 13 years lapse. He has further deposed that he was taken the property from the police which recovered by the police. He has further deposed that LW2 (K.Munindra) is his wife and she is not in a position to come to the Court for giving evidence as she is ill and LW3 his daughter is staying in the U.S.A. and she is also unable to come to give evidence. The prosecution failed to examine the remaining witnesses. The evidence of PW1 is inconsistent because one point of time he deposed that accused No.2 and other person came to his house and he further stated that he cannot identified the persons who came on that day.
Hence, this Court cannot believe the evidence of PW1. Hence, the abscene of other corroborating evidence this Court, to record the finding against the accused
No.2 there is no material available to the Court to say that the accused No.2 is responsible for the dacoity in the house of PW1. Hence, it is held that prosecution failed to prove its case against the accused No.2 and he is is entitled for acquittal.
10)In the result, the accused No.2 is found not guilty for the offence punishable under sections 457, 395, 342 and 506 of IPC and accordingly he is acquitted under section 235 (1) Cr.P.C. The bail bonds of the accused No.2 shall cancelled forthwith. The Superintendent Dist.Jail, Karimnagar is directed to release the accused No.2 forthwith if he is not required in any other case.
Dictated to the Stenographer transcribed by him corrected and pronounced
by me in the Open Court on this the 21st day of August, 2019.
Addl.Asst.Sessions Judge, Karimnagar, F.A.C.Asst. Sessions Judge,
JAGTIAL.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR THE PROSECUTION: FOR THE DEFENCE:
Pw.1 Manohar Rao. - None-
EXHIBITS MARKED
FOR THE PROSECUTION
Ex.P.1 is complaint.
FOR THE DEFENCE: -Nil-
Material Objects marked ---Nil---
Addl.Asst.Sessions Judge, Karimnagar, F.A.C.Asst. Sessions Judge,
JAGTIAL.