IN THE COURT OF THE JUDL. MAGISTRATE OF FIRST CLASS
AT SIRPUR
Present: Mohammad Yousuf Judl.Magistrate of First Class, Sirpur
Friday, this the 28th day of February, 2014
CC.No. 445 of 2009
Between:- The State of A.P through Sub Inspector of Police, PS Kaghaznagar Town in Cr.No. 193/2009. …. Complainant //AND//
Ratan Gupta, S/o. Late Kishan Gupta, age 37 years, Caste: Bhayya, Occ. Coolie, R/o. Sirsilk Colony, Kaghaznagar.
…..Accused
This case is coming before me for hearing on this day in the presence of APP for the State and of Sri. T. Dayaraj Singh, Advocate for the accused, after hearing both sides and having stood over for consideration till this day, the Court delivered the following:
JUDGMENT
The Sub Inspector of Police, PS Kaghaznagar Town filed charge sheet against accused for the offence punishable U/s. 353
IPC.
2.The case of the prosecution in brief is that : on 23-11-2009 at 5.30 pm. LW-1/Thakur Mahender Singh, Prohibition & Excise
Sub Inspector received credible information that the accused was illegally transporting Deshi Daru bottles from Veerur to
Kaghaznagar by Singareni Passanger Train. On that, he along with his staff LWs 2 to 6 and two panch witnesses LW-7 Takkur
Srinivas Reddy and LW-8 Modam Puram Sridhar went to iron 2 bridge at Vijaya Basthi, Kaghaznagar and laid an ambush to apprehend the accused. Meanwhile the accused was coming towards Vijaya Basthi from Chintaguda side with Deshi Daru bottles on his cycle, on seeing the Excise Officials, the accused started pelting stones indiscriminately on LWs 1 to 6 and ran away by leaving 192 Desi Daru Quarter bottles and cycle, then
LW-1 seized the same and thereby the accused had committed the offence punishable under Section 353 IPC.
3.Upon consideration of the material placed before the court, cognizance for the offences under Section 353 IPC was taken against the accused. On appearance of accused, copies of documents were furnished to him as required U/s. 207 Cr.P.C.
and after that he was examined U/s. 251 Cr.P.C., the contents read over and explained to him, for which he pleaded not guilty and claimed to be tried.
4.To prove the case, the prosecution has examined PWs 1 to 5, Ex.P-1 to P-3 were marked.
5.After closure of prosecution evidence, accused was examined U/s. 313 Cr.P.C. for the incriminating material appearing against him in the evidence of prosecution witnesses.
Accused denied the evidence and reported no defence witnesses to be examined.
6.Now the point for determination is that :
Whether the prosecution is able to establish the guilt of accused for the offence punishable U/s. 353 IPC, beyond all reasonable doubt ?
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7.In the instant case, PW-1 is the complainant, PWs-2 to 4 are the eye witnesses and PW-5 is the Investigation Officer. In spite of giving sufficient time, the police failed to produce the LW-7
Takkur Srinivas Reddy, another eye witness, hence his evidence is closed by this court.
8.The case of the prosecution in brief is that, on reliable information about illegal transportation of Deshi Daru, PW-1 along with his staff PWs 2, 3, LWs 4 to 6 Shaik Hussain, Valka Bhagwant
Rao and Mosam Suresh went near Iron bridge, Vijaya Basthi at
Kaghaznagar on 23-11-2009 at about 5.30 pm. and found the accused transporting (192) Deshi Daru Quarter bottles on his cycle. On seeing them the accused ran away by pelting stones on them by leaving cycle and contraband. Then PW-1 seized the cycle and (192) Deshi Daru Quarter bottles from the scene of offence.
9.As per the evidence of PW-1 that, on credible information on 23-11-2010 he along with PWs 2, 3, LW-4 Shaik Hussain, LW-5
Bhagwanth Rao, LW-6 Suresh, LW-7 Srinivas Reddy and LW-8
Sridhar went to Railway Bridge near Vijaya Basthi and found the accused was carrying four plastic bags on a cycle. Then they tried to stop him, but the accused went away by leaving cycle, by pelting stones on them and also by taking one plastic bag from the cycle. Then they searched the bags left by the accused and found 144 Deshi Daru bottles of each 180 ml. in three cartoons.
Then he seized the same under cover of panchanama and registered a case in PR No. 517/2009-10 U/s. 34 (a) of A.P. Excise 4
Act and there after he lodged complaint before police under Ex.P-
1. During cross examination, he admitted that there are number of houses around scene of offence and public floating is there but nobody was present at the time of incident. He further stated that there are previous cases pending against the accused in Excise
Station for the offence U/s. 34(a) of A.P. Excise Act and he has not mentioned in complaint or in his statement that he seized 144 Deshi Daru bottles and further admitted that there is whitener applied on two places of complaint and subsequently written on the said white portion. He denied to the suggestions that basing on previous records, he got mentioned the name of accused in Ex.P-1 complaint and accused did not commit any offence and never thrown stones on them.
10.As per the evidence of PW-2 that, on 23-11-2010 he along with PWs 1, 3, LW-4 Shaik Hussain, LW-5 Bhagwanth Rao, LW-6
Suresh, LW-7 Srinivas Reddy and LW-8 Sridhar went to Railway
Bridge near Vijaya Basthi and found the accused was carrying four plastic bags on a cycle. Then they tried to stop him, but the accused went away by leaving cycle, by pelting stones on them and also by taking one plastic bag from the cycle. Then they searched the bags left by the accused and found 144 Deshi Daru bottles of each 180 ml. in three cartoons. Then PW-1 seized the same under cover of panchanama and registered a case in PR No.
517/2009-10 U/s. 34 (a) of A.P. Excise Act and there after PW-1 lodged complaint before police. During cross examination, he admitted that there are number of houses around scene of offence and public floating is there but nobody was present at the 5 time of incident. He further stated that there are previous cases pending against the accused in Excise Station for the offence U/s.
34(a) of A.P. Excise Act. He denied to the suggestions that the accused did not commit any offence and never thrown stones on them. He further stated that, he has not stated before the police as in Ex.D-1 as they seized 192 bottles of Deshi Daru from the cycle of accused, in fact only 144 bottles were seized by PW-1.
11.As per the evidence of PW-3 that, on 23-11-2010 he along with PWs 1, 2, LW-4 Shaik Hussain, LW-5 Bhagwanth Rao, LW-6
Suresh, LW-7 Srinivas Reddy and LW-8 Sridhar went to Railway
Bridge near Vijaya Basthi and found the accused was carrying four plastic bags on a cycle. Then they tried to stop him, but the accused went away by leaving cycle, by pelting stones on them and also by taking one plastic bag from the cycle. Then they searched the bags left by the accused and found 144 Deshi Daru bottles of each 180 ml. in three cartoons. Then PW-1 seized the same under cover of panchanama and registered a case in PR No.
517/2009-10 U/s. 34 (a) of A.P. Excise Act and there after PW-1 lodged complaint before police. During cross examination he admitted that there are number of houses around scene of offence and public floating is there but nobody was present at the time of incident. He further stated that there are previous cases pending against the accused in Excise Station for the offence U/s.
34(a) of A.P. Excise Act. He denied to the suggestions that accused did not commit any offence and never thrown stones on them. He further stated that, he has not stated before the police as in Ex.D-2 as they seized 192 bottles of Deshi Daru from the cycle of accused, in fact only 144 bottles were seized by PW-1.
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12.PW-4 stated that he does not know anything about this case and he has not witnessed anything. Hence, the learned APP declared the evidence of PW-4 as hostile and during his cross examination by APP he denied to the suggestion that he has stated before the police as in Ex.P-2 that he accompanied the
Excise Officials PWs 1 to 3 and others on 23-11-2009 to Vijaya
Basthi, where they apprehended the cycle of accused containing four bags of Deshi Daru and the accused hurled stones on Excise
Officials and he witnessed the same.
13.PW-5 is the Investigation Officer stated that, on 23-11-2009 he registered a case in Cr.No.193/2009 against the accused for the offence U/s. 353 IPC on the report of PW-1 and issued FIR under Ex.P-3, then he examined PWs-1 to 4, LW-4 Shaik Hussain,
LW-5 Bhagwanth Rao, LW-6 Suresh, LW-7 Srinivas Reddy and visited scene of offence. On 13-12-2009 he arrested the accused and produced him before the court for judicial custody and after completion of investigation, he filed charge sheet. During cross examination he admitted that he has not filed any documents pertaining to Excise Case registered by PW-1 and he has not referred PWs 1 to 3 to hospital and further admitted that there is whitener applied in two places in the complaint. He denied to the suggestion that the accused never objected PWs 1 to 3 from discharging their lawful duties and a false case is foisted against the accused at the instance of PWs 1 to 3.
14.This is a case of deterring the Excise Officials PWs 1 to 3 being public servants while discharging their duties by the 7 accused. Therefore, it is the duty of prosecution to establish the fact that on the date of incident i.e. On 23-11-2010 PWs 1 to 3 were discharging their legitimate duties, but the accused deterred them from discharging their legitimate duties. As per the evidence of Pws 1 to 3 that PWs 1t to 3 were found the accused carrying Deshi Daru bottles in three cartoons and on seeing them the accused thrown the cycle on the ground and only the act of deterrence as alleged by PWs 1 to 3 to the effect that the accused thrown stones on them. PWs 1 to 3 also stated that they have seized the cycle and Deshi Darau bottles and registered the case in POR No. 517/2009-10 U/s 34 (a) of A.P.
Excise Act against the accused on the same day. PWs 1 to 3 have clearly stated that they have no prior acquaintance with the accused, but PW-1 mentioned the name of accused in Ex.P-1 complaint. PW-1 during his cross examination clearly admitted that in his complaint in two places whitener was applied and subsequently written on the said white portion. PWs 1 to 3 deposed that 144 Deshi Daru bottles of each 180 ml. in three cartoons were seized, but in Ex.P-1 complaint it is mentioned as 1952 Deshi Daru bottles were seized. PW-2 denied to have stated
before the police as in Ex.D-1 as they seized 192 bottles of Deshi
Daru. PW-2 clearly stated that only 144 bottles were seized by
PW-1 on the date of incident. The prosecution has failed to produce the alleged POR 517/2009-10 registered by PW-1 under 34 (a) of Excise Act to establish the fact that on the date of incident they were on duty and the accused deterred them from discharging their legitimate duties. Except PWs 1 to 3, there is no other independent evidence in support of the prosecution case to 8 establish the guilt of the accused. Admittedly, the place of offence being Vijay Basthi and Chintaguda having big population and busy area as per version given by PWs 1 to 3. The independent witness who is examined as PW-4 did not support the case of prosecution and turned hostile.
16.In these circumstances, on careful perusal of evidence of
PWs 1 to 5 coupled with Ex.P-1 to P-3 and in the light of my above discussion, the prosecution has failed to prove the guilt of accused for the offence U/s. 353 IPC, beyond all reasonable doubt.
In the result, the accused is found not guilty of the offence punishable U/s. 353 IPC. Accordingly he is acquitted U/s. 239 (1)
Cr.P.C. for the said offence. The bail and bonds accused shall stand cancelled.
Typed to my dictation and after correction, pronounced by me in the open court on this the 28th day of February, 2014.
Judl. Magistrate of I Class, Sirpur.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For ProsecutionFor Defence
PW-1: Thakur Mahender Singh (LW-1/complainant) --NONE-- PW-2: B. Chandra Shekar (LW-2/eye witness) PW-3: Gope Sathaiah (LW-3/eye witness) PW-4: M. Sridhar (LW-8/eye witness) PW-5: U. Venkanna (LW-9/Investigation Officer)
EXHIBITS MARKED
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Ex.P-1: ComplaintEx.D-1: Marked portion of 161 Cr.P.C. statement of PW-2 Ex.P-2: 161 Cr.P.C. Statement of Ex.D-1: Marked portion of 161 PW-4Cr.P.C. statement of PW-3
Ex.P-3: FIR
M.O.s MARKED
--NIL--
Judl. Magistrate of I Class, Sirpur.
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Calender & Judgment
IN THE COURT JUDL.MAGISTRATE OF FIRST CLASS AT
SIRPUR.
C.C.No. 46 of 2009
1.Date of Offence03-01-2009
2.Date of report to PS/Court04-01-2009
3.Date of arrest of accused/ 05-01-2009 Surrender in court
4.Date of release on bail16-01-2009
5.Date of commencement of 06-09-2013 trial
6.Date of Close of Trial08-01-2014
7.Date of Order/Judgment09-01-2014
8.Explanation of delay, if any---
The State of A.P. through Sub-Inspector of Police, P.S.Kaghaznagar Town // AND // Mohammad Sajeed, S/o. Md. Rouf, age 20 years, Caste: Muslim, Occ. Lorry Cleaner, R/o. Old Colony, Kaghaznagar.
09Plea of accusedNot Guilty
10.Offence chargedU/s. 457, 380 r/w. 511 IPC
11.Finding of the courtfound not guilty
The accused is found not guilty for the offences punishable U/s. 457, 380 r/w.
12.Result of Order/Judgment511 IPC. Accordingly he is acquitted U/S.248 (1) Cr.P.C. for the said offences. The bail bonds of accused shall stand cancelled and he is set at liberty. MO-1 shall be destroyed after expiry of appeal time.
JUDL.MAGISTRATE OF I CLASS
SIRPUR 11
OFFICE OF THE JUDL.MAGISTRATE OF I CLASS COURT AT
SIRPUR
From : To, Mohammed Yousuf, The Hon’ble I Addl. District & Judl.Magistrate of I Class, Sessions Judge, Adilabad. Sirpur.
Lr.Dis.No. /2014, Dt. -01-2014. Sir,
Sub: -Submission of Calendar & Judgment in C.C.No. 46/2009 – Reg.
***** With reference to the subject cited above, I have the honour to submit the Calendar and Judgment in C.C.No. 46/2009.
Yours faithfully,
Judl. Magistrate of I Class, Sirpur.
OFFICE OF THE JUDL.MAGISTRATE OF I CLASS COURT AT
SIRPUR
From : To, Mohammed Yousuf, The Hon’ble I Addl. District & Judl.Magistrate of I Class, Sessions Judge, Adilabad. Sirpur.
Lr.Dis.No. /2014, Dt. -01-2014. Sir,
Sub: -Submission of Calendar & Judgment in C.C.No. 46/2009 – Reg.
***** With reference to the subject cited above, I have the honour to submit the Calendar and Judgment in C.C.No. 49/2009.
Yours faithfully,
Judl. Magistrate of I Class, Sirpur.
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OFFICE OF THE JUDL.MAGISTRATE OF I CLASS COURT AT
SIRPUR
From : To, Sri Mohammed Yousuf,B.Sc.,LL.M, The Hon’ble I Addl. District & Judl.Magistrate of I Class, Sessions Judge, Sirpur.Adilabad. Lr.Dis.No. /2011, dt. -06-2011. Sir,
Sub: - SUBMISSION – Submission of Calendar & Judgment in C.C.No. 282/2007 – Reg.
***** With reference to the subject cited above, I have the honour to submit the Calendar and Judgment in C.C.No.
282/2007.
Yours faithfully,
Judl. Magistrate of I Class, Sirpur.
OFFICE OF THE JUDL.MAGISTRATE OF I CLASS COURT AT
SIRPUR
From :To, Sri Mohammed Yousuf,B.Sc.,LL.M,The Hon’ble I Addl. District & Judl.Magistrate of I Class,Sessions Judge, Sirpur.Adilabad. Lr.Dis.No. /2011, Dt. -06-2011. Sir,
Sub: - SUBMISSION – Submission of Calendar & Judgment in C.C.No. 282/2007 – Reg.
***** With reference to the subject cited above, I have the honour to submit the Calendar and Judgment in C.C.No.
282/2007.
Yours faithfully,
Judl. Magistrate of I Class, Sirpur.
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