1 Of 12 C.C.No.76 Of 2014
IN THE COURT OF THE IV ADDL. CHIEF METROPOLITAN MAGISTRATE,
AT HYDERABAD:
PRESENT:SRI M.YESURATNAM.
IV Addl. Chief Metropolitan Magistrate.
Friday, Dated this the 30 th Day of June, 2017.
C.C.No. 76 of 2014
Between:
The State of Telangana, through SubInspector,
P.S., Osmania University, Hyderabad...Complainant
AND
A1. Kommidi Sanjeeva Reddy, S/o. Dharma Reddy, Age 66 Years,
Occ: Business, R/o. Flat No.302, Spurthy Susheela Apartments,
P&T Colony, H.No. 11261/10/A, Chikkadpally, Hyderabad.
A2. Singhu Ramchendra Reddy, S/o. Papi Reddy, Age 61 Years,
Occ: Auto Driver, R/o. H.No.:12606/34, Near Indira Park, Hyderabad.
A3. Mahankali Vijay Kumar, S/o. Rajalingam, Age 35 Years, Occ: Pvt.,
Employee, R/o. H.No.: 807/1, Durga Nagar, Malkajiri, R.R.District.
A4. R.Augastian, S/o. Joseph, Age 26 Years, Occ:Car Driver,
R/o. H.No.: 715/2, North Lalaguda, Railway Quarters, Secunderabad.
A5. Chintala Ramakrishna, S/o. Ramaswamy, Age 35 Years,
Occ: Pvt., Employee, R/o. H.No.: 12606/24, BM Nagar, Near
Indira Park, Hyderabad.
A6. Mythri Srinivas, S/o. Anjaiah, Age 34 Years, Occ: Pvt., Employee,
R/o. H.No. 184/1/3, Vivek Nagar, Chikkadpally, Hyderabad....Accused
This case coming on before me on this 30.06.2017 for final hearing in the presence of Sri P.Sandeep, A.P.P for Complainant and Sri V.Ramulu and others, Advocate
for the accused and the matter stood over for consideration till this day and this court
delivered the following:
2 Of 12 C.C.No.76 Of 2014
J U D G M E N T
The Sub Inspector of Police, P.S., Osmania University, Hyderabad, filed the charge sheet against the A1 to A6 stating that on 10.05.2013 at 08.30 p.m., the defacto complainant Sri.Ch.Chandra Reddy, came to the Police Station and filed a written complaint wherein stating that his daughter by relation Smt.Manjula, having a plot in
Survey No.30p and 31p, Plot No.51, Maheswari Nagar, Street No.8, Habsiguda,
Hyderabad, and presently she is residing in USA. The plot was purchased 20 years back vide Doc.No.1723/1992. While things are thus, Mr.S.Chandra Reddy and K.Sanjeeva
Reddy (A1) have a jointly planned to grabbing the land of Manjula and constructed a
Temporary shed as compound wall, gates etc., in the above said property illegally having no permission from the owner of the property Manjula and also from the Government
Officials i.e., Municipality/HMDA or any other.
On receiving the information of illegal activities of the above said persons, the defacto complainant/pw1 and Indrasena Reddy/pw2, rushed to the spot and seen the situation, when they questioned, A1 and A2 threatened them and beat them. Further the contents of the charge sheet reveals that in the Plot No.51 with the permission of the owner, one Balaswamy and his wife and their children are staying for the last 5 years, but suddenly without any permission, the accused persons trespassed and removed them from the plot and beat them. The owner of the property, Manjula sent a complaint through email, in this regard, the Pw1 filed a complaint requesting for legal action.
Basing on the contents of the complaint petition of Pw1, a case in Crime
No.194/2013, U/Sec.448, 427, 353, 506 IPC r/w 34 IPC, was registered by the
B.Srinivas, SI., of Police and investigation took by the Investigating Officers. During the course of investigation, K.Srinivas (Pw13), SI., of Police, examined the prosecution witnesses in detailed, as prima facie was proved A1 to A6 were arrested and they were produced before this Court for remand. The investigation reveals that Pw9
Smt.J.Sharadha had a piece of land in Cherlapally limits in Plot No.149 and 150 in 3 Of 12 C.C.No.76 Of 2014
Survey No.190, admearsuring 500 Sq.Yards. Pw9 lost the documents of the land, so that they got the certificate from the Police Station and due to unexplainable reasons, she sold to the same to A1 vide Doc.No.4799/2012 in which K.Karunkar Reddy is one of the witness. The document not at all concern to the disputed land in plot no.51 in survey no.30/p and 31/p, Habsiguda, Hyderabad. A set of certified copies of Doc.No.4799/2012 has been collected from the SRO, Uppal (Pw7) and to check the validity of Stamp of
Rs.100/ bearing No. BA939175, addressed a letter to the SRO, Saroornagar, R.R.District and collected the information officially which proved as the date of selling of stamp was altered from 12.12.2012 to 12.02.2012. Further the investigation reveals that A1 with the association of A2 to A6 hatched a plan to grab the same land as the owner is residing abroad, in execution of their plan, A1 purchased a bond paper of Rs.100/ on 12.12.2012 from the Pw8 on his name and altered the date of purchase as 12.02.2012, prepared a fake document by copying back portion of the original document No.4799/2012, then made a fake attestation over it and submitted to the electricity officials to get the power connection, collected the indemnity bond from the applicants and without any cross enquries over the document, the indemnity bond was given. Likewise, they sanctioned power connection in the name of A1 to the above said plot. In that connection the electricity officials were examined and recorded their statements and the documents which were submitted by A1 were collected officially from Pws4 and 5 to verify the veracity of the attestation on the submitted documents. The investigation officer,
Sri.B.Srinivas, SI., of Police, addressed a letter to the Commissioner (Ayush) and collected the information officially. As well one of the Senior medical officer, Government
Indian Medicines Pharmacy was examined as Pw12. After getting the power connection with fraduluent mentally on his name vide Service No. NR 90813720858/22MAR2013, for 3Ph, 5000 walts, domestic load. So, the accused conspired to grab the piece of land of Smt.Manjula who is now residing now in States. Further alleged that A1 was involved in 10 criminal cases under various crimes numbers in Bhongiri PS., and he involved in 5 4 Of 12 C.C.No.76 Of 2014 criminal cases under 8 crime numbers of Bibi Nagar PS., on different sections of IPC and special acts. After completion of entire investigation, the charge sheet was filed.
2.The charge sheet as filed is taken cognizance for the offences U/Sec.468, 471, 448, 427, 323, 506 IPC r/w 120B IPC against the A1 to A6. On appearance of accused, the charge sheet and other documents were furnished to them U/Sec.207 Cr.P.C and they are examined U/Sec.239 of Cr.P.C. A charge for the offences U/Sec.468, 471, 448, 427, 323, 506 IPC r/w 120B IPC is framed, read over and explained to them and they pleaded not guilty and claimed to be tried.
4.To prove its case, the prosecution has examined Pws1 to 13 and got marked
Exs.P1 to P12. The Pw1 is the Complainant. The Pw2 is the Eye Witness. The Pws3 to 7, 9, 12 are the Circumstantial Witnesses. The Pws 8 and 10 are the Stamp Vendors. The
Pw11 is the Panch Witness for Scene. The Pw13 is the Investigating Officer. After closure of prosecution evidence, the accused are examined U/Sec.313 Cr.P.C in respect of incriminating material appearing against them in the version of prosecution witnesses and they reported no defence. No evidence is adduced on their behalf, but they got marked Exs.D1, D2 and D3 in the cross examination of Pws1, 2 and 13 respectively.
5.Heard the learned A.P.P. for Prosecution and the learned defence counsel
for the accused.
6.Now the point for determination is whether the Prosecution has been proved the guilt of accused for the offences U/Sec.468, 471, 448, 427, 323, 506 IPC r/w 120B IPC? beyond the shadow of all reasonable doubts ?
7.Point: Basically, the allegations and the facts of the case comes under in 5 Of 12 C.C.No.76 Of 2014 civil nature, however the accused were charged under criminal nature offences, where the accused said to have been trespassed into the property of others and manhandled the defacto complainant and committed the manipulation of the document. So it is to be seen that how far the prosecution succeeded to prove the guilty of the accused for the charged offences. Pw1 evidence shows that one A.Manjula is the daughter of his cobrother and she is having a house plot bearing no.51 in Survey nos.30 and 31 at Street No.8,
Maheshwar Nagar, Habsiguda, Hyderabad, as she purchased the same in the year 1992 under registered sale deed. Since, then she was in possession and kept one Balaswamy as a watchman of the said property. The said Balaswamy is residing in the plot by erecting a small hut. On 05.05.2013 he received a phone call from Manjula who is stating in USA, where she stated that somebody is raising a compound wall in the said plot and requested to go there and look into the matter. Accordingly, Pw1 and Pw2 went to the said plot at about 12 noon on that day, where they were obstructed by A1 and 2 coming into the plot and they were pushed out and asked to approach the Court of Law if they have any grievance. Then on 09.05.2013, Pws1 and 2 went to the PS., O.U.Sity along with the documents of the plot and gave a report. Subsequently, on 11.05.2013 again
Pws1 and 2 went to the plot, where A1 and A2 were engaged 5 to 6 persons who are the antisocial elements to got that plot. As such again they went to the Police Station, on which the Police were arrested those persons. Further Pw1 stated that on 18.05.2013, he lodged a complaint before municipality concerned as well as the electricity department officials and the municipality people demolished the compound wall and rooms raised by
A1 and A2 in the plot. Further stated that A1 obtained the electricity connection by creating a fake document vide Doc.No.4799/2012, on his complaint, the said power connection was removed. While things are thus, on the same day A1 brought the Court order in respect of the wall and after four months, A1 again constructed two rooms over the plot and later created a document stating that the said plot was sold to one
Janardhan and obtained electricity connection for the same in respect of the said 6 Of 12 C.C.No.76 Of 2014 occurrence, Pw1 lodged a report before the Police which is marked as Ex.P1. Ex.P2 is the
Certified copy of sale deed vide Doc.No.1723/1992, dated 24.02.1992 under which
Manjula purchased the said plot. The Ex.P2 was marked subject to objection, the party of the document was not examined and not present, however since the property covered under the said documents is the main dispute and created cause of action, so it is allowed to mark as Ex.P2.
8.The version of Pw2 who said to have been accompanied with Pw1 to go to the property covered under Ex.P2 of A.Manjula, the same facts revealed by Pw1, is stated by Pw2 also. Pw3 who erected a hut in the open plot at Habsiguda about 4 years back and he was asked by A1, who stated that he is the owner of the said plot and asked him to vacate the same, as such he vacated from the said plot. After one week, he was talked by Manjula, the owner of the property and informed the same to her. Pw4 the A.E. of
TSSPDCL, R.R.District, stated that in the month of April 2013, his office received an application for sanction of service connection made by A1 and he endorsed the same and after field inspection, the connection was sanctioned in respect of Plot No.51, later on in the month of May 2013, Pw1 lodged a complaint before him stating that A1 is not the owner of the said plot and the service was given wrongly. Then he tried to contact the A1 on the phone number furnished by him in the application, but no response. So on the strength of the indemnity bond, he order for the disconnection of the said service connection. Pw5 who worked as a line man under Pw4, stated that the service connection which was installed at Plot no.51 was disconnected on the instructions of Pw4. Pw6 evidence reveals that on 22.03.2013, the A1 submitted an application of issuance of new service connection and meter and on the next day the application was forwarded for issuance of connection and on 30.03.2013 the connection was issued with service No.
130213489. On 13.05.2013 Pw1 lodged a complaint attributing that A1 submitted an application with untrue facts and fake documents and in pursuance of those allegations, 7 Of 12 C.C.No.76 Of 2014 the matter handed over to the Police along with the application submitted by A1. Ex.P3 is the letter given by Pw6 to the Police along with the copies of the documents submitted by
A1.
9.The evidence of Pw7 reveals that on 03.06.2013 where his office received a requisition from the Police Osmania University to furnish the certified copies of registered sale deeds vide Doc.Nos. 4799/2012 and 1723/1992. Again on 10.06.2013 his office received another requisition under Ex.P5 to furnish the certified copy of registered sale deed vide Doc.No.1450/2009 and encumbrance certificate. On such requisitions, he issued certified copies of sale deeds vide Doc. Nos. 4799/2012, dt.15.03.2012 and 1723/1992, dt.24.02.1992 as in Exs.P6 and P7 respectively. The Ex.P7 is the same document as in Ex.P2. Pw8 the stamp vendor stated that he sold the stamp paper to A1 on 12.12.2012, when he was asked by the Investigating Officer, he stated that he has not altered that document in any manner. The stamp paper which is shown to him the date of sale of stamp paper was altered from 12.12.2012 to 12.02.2012 as after verification of his records, the date 12.02.2012 is falling on Sunday, as he is not having any practice selling a Stamp paper on Sunday. Pw9 stated that she is having immovable property of 500 Sq.Yards at cherlapally in Survey No.190. On 14.03.2012 her relative Karunakar
Reddy approached stating that the said property is to be registered in the name of other person, for which she would get Rs.1,80,000/ as the property in the possession of one
Chandra Mouli and accordingly, she went to Uppal registered Officer along with
Karunkar Reddy and she put her signatures on the documents which is marked as Ex.P6 and she was paid Rs.1,80,000/ and later 7 to 8 persons came to her son, who is a doctor and stated that the above said property was sold for lesser price and a huge amount would be paid and asked them to lodge a case and to sign on some papers for that she refused. Pw10 stamp vendor stated that on 14.03.2012 he sold a Non Judicial stamp paper worth of Rs.100/ bearing No. 852331 to one K.Sanjeeva Reddy, but he could not 8 Of 12 C.C.No.76 Of 2014 identify such person since it was happened long back. Pw11 stated that on 10.05.2013 when he was called by the Police to the Plot No.51 at Street No.8, he saw that a compound wall was constructed and partly damaged, in that connection, the Police drafted panchanama but he has not signed on it. Pw12 the Senior Medical Officer,
Government of Indian Medicine Pharmacy, stated during the month of August 2013, the
Police Osmania University came to him and shown a photostat copy of registered sale deed of one A.Manjula and inquired whether the signature appears therein pertains to him, for which he replied that the signature which shown to him is not belongs to him.
10.Pw13 the Investigating Officer stated that on 10.05.2013 at 2030 hours, the
S.I., of Police, B.Srinivas received Ex.P1 complaint and the same was registered as a case in Cr.No.194/2013, U/Sec.448, 427, 323, 506 r/w 34 IPC and issued FIR which is marked as Ex.P8. He recorded the statements of Pws1 to 3 U/Sec.161 Cr.P.C. and handed over the CD file to him and he recorded the statements of other witnesses and collected the relevant documents including Ex.P3 from the officials. From the evidence collected by him that the document in dispute was created and the attestation of the Gazetted Officers where also fabricated. Though he issued a notice to the accused U/Sec.91 Cr.P.C. to produce any documents, there was no response. He addressed a letter to the
Commissioner, Ayush Department to verify the genuine of the attestation of the Gazetted
Officers as in Ex.P9, for that letter he received a reply from the Department as in Ex.P10 along with the specimen signatures of the Gazetted Officers. He received a letter from
SubRegistrar as in Ex.P11 stating that Non Judicial Stamp of worth Rs.100/ bearing
No. 40331, dated 12.12.2012 was sold to one K.Sanjeeva Reddy along with the abstract of the NJ Stamp register of the vendor as in Ex.P12. After apprehension of the accused they were produced before the Court and after completion of investigation, filed charge sheet.
9 Of 12 C.C.No.76 Of 2014
11.In his cross examination, Pw13 clearly admitted that in Ex.P1 there is no mentioning of the date and time of the alleged incident and also there is no date mentioned on Ex.P1 as to its lodging to the Police. The investigation was proceeded as per the contents of the report of Ex.P1. Further he admitted that the neighbours of the disputed plot were not examined as nobody come forward. The copy of the notice
U/Sec.91 Cr.P.C., said to have given to the accused is not at all filed before Court. The
Investigating Officer is not aware whether the Principal Junior Civil Judge Court,
R.R.District has granted Sethesco Order in favour of A1 in I.A.No.361/2013 in
O.S.No.255/2013 on 19.09.2013, but he stated that the charge sheet was filed in this
case prior to that date i.e., on 24.08.2013. He came to know that the Hon'ble High Court has passed an order in W.P.No.14710/2013 on 15.05.2013 as in Ex.D3 asking the Police not to interfere to the civil dispute. Witness adds that in the same order the Police were given liberty to take action if any, criminal act is taken place. The Investigating Officer has not seized the register from the stamp paper in respect of Ex.P12 and no document were sent for FSL, since no original document is available, he tried to secure the original owner of the plot in dispute and he came to know that she is not in India and he has not examined the vendors of Manjula. He further admitted that one P.Ashok was the
Inspector of P.S., Osmanina Univerity by the date of the incident and he is native of
Bhongir area, where A1 is also native of that place. As per his knowledge, A1 is retired as
VRO, he does not know whether A1 served as the president of VRO's state association and he denied that at the instance of Ashok, Inspector, case was got filed against the accused and they were falsely implicated and further stated that as per his knowledge some of the cases registered against A1 were ended in acquittal and there is no any property dealing between A1 and Pws1 and 2. No GPA or authorization was filed by Pw1 to show that he got that from Manjula. Pws1 and 2 during their cross examination also admitted that they have not stated before Police as in Exs.D1 and D2 that they were never manhandled any persons at the scene of offence.
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12.On perusing the entire scenario of case facts whatever the allegations and criminal nature attributed by Pws1 and 2 against A1 and those allegations were not at all proved that Pws1 and 2 are not at all manhandled by the A1 and other accused and whatever they feel grievance over the property in plot no.51, they advised to approach the Court of Law for the readdressal. Accordingly, A1 filed the civil suit and got Sesthoco orders over the property which is pending before the Court in civil in nature. The allegations levelled against the accused for the charged offences over the disputed documents, no expert opinion or original documents were collected by the Investigating
Officer where the cross examination of Investigating Officer (Pw13) clearly reveals.
13.Therefore, from the foregoing discussion, I am of the considered opinion that the prosecution utterly failed to establish the guilt of the accused for the charged offences U/Sec.468, 471, 448, 427, 323, 506 IPC r/w 120B IPC beyond shadow of all reasonable doubts. Therefore, the case of the prosecution creates a doubt and the accused are entitled to the benefit of doubt and for acquittal. Accordingly, the point for determination is answered.
14.In the result, the A1 to A6 are found not guilty and they are acquitted
U/Sec.248 (1) Cr.P.C., for the offence U/Sec.468, 471, 448, 427, 323, 506 IPC r/w 120B
IPC and they shall be set at liberty forthwith and their bail bonds shall stands cancelled.
Typed to my Dictation by the Personal Assistant, corrected and pronounced by me in open Court on this the 30th day of June, 2017.
IV ADDL. CHIEF METROPOLITAN MAGISTRATE,
HYDERABAD:
11 Of 12 C.C.No.76 Of 2014
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION FOR DEFENCE
Pw1 Sri. Ch.Chandra Reddy, the Defacto Complainant. None
Pw2 Sri. Arjula Indrasena Reddy, the Eye Witness.
Pw3 Sri. Gangaram Balaswamy, the Circumstantial Witness.
Pw4 Sri. K.Chandra Mouli, the Circumstantial Witness.
Pw5 Sri. J. Venugopal Reddy, the Circumstantial Witness.
Pw6 Smt. Phani, the Circumstantial Witness.
Pw7 Sri. G. Vishnuvardhan Rao, the Circumstantial Witness.
Pw8 Sri. Kaparthi Ramulu, the Stamp Vendor.
Pw9 Smt. J. Sharada, the Circumstantial Witness.
Pw10 Smt. Madishetty Shaila Kumar, the Stamp Vendor.
Pw11 Sri. P. Venugopal Reddy, the Mediator of Scene of Offence Panchanama.
Pw12 Sri. Ch. Achyutha Reddy, the Circumstantial Witness.
Pw13 Sri. Akula Srinivas, the S.I./I.O.
EXHIBITS MARKED FOR PROSECUTION
Ex.P1 Report of Pw1.
Ex.P2 Certified Copy of Sale Deed, vide Doc.No.1723/1992, dt. 24.02.1992.
Ex.P3 Letter of Pw6 to P.S.Osmania University along with the copies of the documents submitted by A1.
Ex.P4 Requisition of Police, Osmania University to SubRegistrar, Uppal, dt 03.06.2013.
Ex.P5 Requisition of Police, Osmania University to SubRegistrar, Uppal, dt 10.06.2013.
Ex.P6 Certified Copy of registered sale deed vide Doc.No.4799/2012, dt.15.03.2012.
Ex.P7 Certified Copy of registered sale deed vide Doc.No.1723/1992, dt.24.02.1992.
Ex.P8 FIR.
Ex.P9 Letter of Pw13 to the Commissioner, Ayush Department, dt.15.07.2013.
Ex.P10 Letter of Commissioner, Ayush Department to P.S.Osmania University, dt.25.07.2013.
Ex.P11 Letter of SubRegistrar, Saroornagar to P.S.Osmania University, dt.12.06.2013.
Ex.P12 True Copy of abstract of the Non Judicial Stamp register of the vendor.
12 Of 12 C.C.No.76 Of 2014
EXHIBITS MARKED FOR DEFENCE
Ex.D1 Part of Sec.161 Cr.P.C. Statement of Pw1.
Ex.D2 Part of Sec.161 Cr.P.C. Statement of Pw2.
Ex.D3 Order of Hon'ble High Court in W.P.No.14710/2013, dated 15.05.2013.
M.O. MARKED:
Nil
IV ADDL. CHIEF METROPOLITAN MAGISTRATE,
HYDERABAD