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IN THE COURT OF THE PRL. ASSISTANT SESSIONS JUDGE,
MACHILIPATNAM
Present: Smt. N.Saraswathi, Addl.Asst.Sessions Judge, Machilipatnam FAC to Principal Assistant Sessions Judge, Machilipatnam.
Wednesday, this the 15th day of May, 2019
Calendar Case No.4/2018
Between:
The State represented by The SubInspector of Police, Kaikaluru Town Police Station. …Complainant.
And
1Nara Venkata Chenna Reddy, S/o. Subba Reddy, 27 years, Reddy, D.No.761416, Priyadhasini colony, Bavanipuram, Vijayawada.
2Nara Durga Reddy, S/o. Subba Reddy, 25 years, Reddy, D.No.76 1416, Priyadhasini colony, Bavanipuram, Vijayawada. Now at Marellavaripalem village, Nuzendel village and Mandal.
3Gole John, S/o. Devadanam, 45 years, Mala, Kristhirajupuram colony, Kothagudem, Eluru1, W.G.District.
4Aasodi Yedukondalu, S/o. Ranga Reddy, 45 years, Reddy, Padripalli village, Vetapalem, Mandal, Prakasam District.
…Accused.
This case came up before me in the presence of Sri Y. Kiran, Addl. Public Prosecutor on behalf of the Prosecution and of Sri.R.V.V.Murali Krishna Prasad, Advocate on behalf of the Accused Nos. 1 to 3 and of Sri.Adapa Murali, Advocate on behalf of the accused No.4 and upon considering the material available on record and having stood over till this day for consideration, this Court delivered the following :
J U D G M E N T
1.The accused arraigned before this Court for the charge under
Sections 406,420 r/w 34 of Indian Penal Code and Sec.4 and 5 of Prize,
Chits and Money Circulation (Banning) Act, 1978.
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2.The State represented by the SubInspector of Police, Kaikalauru
Police Station laid charge sheet against the accused in Cr.No.45/2012 alleging that the accused A1 to A4 were approached the PW. 1 to PW.5,
PW.6, PW.7, PW.8, PW.9, PW.10, PW.11, PW.12, LW.13 M.Subba Rao,
PW.13, PW.15, PW.16, PW.14, PW.17, PW.18, PW.19, LW.22 Reddy
Chiranjeevi, PW.23, PW.20 informed that they are having “my shopping mall” at Vijayawada, having head quarters at Bangalore and the management decided to open some more shops like at Guntur and also at
Eluru and further informed that each subscriber has to pay Rs.6,000/ towards entry fees as a member, for which the management will give double the amount in a span of 45 months and also they will give provisions from their shops to a tune of Rs.200/ in every month. After believing the deceitful words of the accused the above members paid an amount of Rs.6,000/ to the accused. Thereafter the accused issued a stamped receipt for the receipt of cash an amount of Rs.6,000/. When they questioned the accused with regard to their amount, the accused did not respond properly and advised to contact the management, as the management is not in a position to install new branches at that stage.
On that they demanded for return of their amount, the accused denied and further threatened them with dire consequences, and misappropriated the funds with dishonest and cheated them fraudulent intention. Finally PW.1 came to the Police Station and gave report, on receipt of the report PW.28 registered the case in Cr.No.45/2012 under
Sec. 406,420 r/w.34 IPC and Sec. 3 and 4 of Prize Chits & Money
Circulation Act 1978 and submitted copies of FIR to all the concerned.
Further PW.29 and PW.30 conducted investigation and after completion of further investigation PW.31 laid charge sheet.
Brief facts:
3.The State represented by the SubInspector of Police, Kaikaluru town Police Station, laid charge sheet against the accused in 3 Cr.No.45/2012 alleging that the accused A1 to A4 were approached the
PW. 1 to PW.5, PW.6, PW.7, PW.8, PW.9, PW.10, PW.11, PW.12, LW.13
M.Subba Rao, PW.13, PW.15, PW.16, PW.14, PW.17, PW.18, PW.19,
LW.22 Reddy Chiranjeevi, PW.23, PW.20 informed that they are having “my shopping mall” at Vijayawada, having head quarters at Bangalore and the management decided to open some more shops like at Guntur and also at Eluru and further informed that each subscriber has to pay
Rs.6,000/ towards entry fees as a member, for which the management will give double the amount in a span of 45 months and also they will give provisions from their shops to a tune of Rs.200/ in every month.
After believing the deceitful words of the accused the above members paid an amount of Rs.6,000/ to the accused. Thereafter the accused issued a stamped receipt for the receipt of cash an amount of Rs.6,000/.
When they questioned the accused with regard to their amount, the accused did not respond properly and advised to contact the management, as the management is not in a position to install new branches at that stage.
On that they demanded for return of their amount, the accused denied and further threatened them with dire consequences, and misappropriated the funds with dishonest and cheated them fraudulent intention. Finally PW.1 came to the Police Station and gave report, on receipt of the report PW.28 registered the case in Cr.No.45/2012 under
Sec. 406,420 r/w.34 IPC and Sec. 3 and 4 of Prize Chits & Money
Circulation Act 1978 and submitted copies of FIR to all the concerned.
Further PW.29 and PW.30 conducted investigation and after completion of further investigation PW.31 laid charge sheet.
4.Considering the material on record, this court took cognizance u/s 406,420 r/w 34 of Indian Penal Code and Sec.4 and 5 of Prize, Chits and
Money Circulation (Banning) Act, 1978.
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5. On appearance of accused copies of documents were furnished as envisaged U/s 207 Cr.P.C.
6. Accused A1 to A4 were examined U/s 239 Cr.P.C for the charges
U/s. 406,420 r/w. 34 of Indian Penal Code and Sec.4 and 5 of Prize,
Chits and Money Circulation (Banning) Act, 1978 is framed for which the substance of accusation were read over and explained the same to accused in Telugu. On understanding the same accused pleaded not guilty and claimed to be tried.
7.During the course of the trial of the case, the prosecution examined
P.Ws.1 to PW.31 and got marked Ex.P.1 to Ex.P.42. The learned A.P.P given up the evidence of the witnesses i.e., L.W.13, LW.22 and LW.29.
8.After closure of the prosecution evidence, accused were examined u/s.313 (1) (b) for the incriminating material available against them. On understanding the same, the accused denounced the incriminating material and reported no defence evidence.
9.Heard the counsel for the Prosecution i.e., Addl. Public Prosecutor and the Counsel for the accused.
10.The point for determination is :
Whether the prosecution did prove the guilt of the accused
beyond all reasonable doubt for the offence punishable under
Sections 406,420 r/w.34 IPC and Sec.4 and 5 of Prize, Chits
and Money Circulation (Banning) Act, 1978?
11.As noted above during the course of the trial of this case, the prosecution has examined Kollipara Seetharamanjaneyulu is examined as
PW.1, U.V.Ramesh Babu is examined as PW.2, K.Venkata Mhana Rao is examined as PW.3, N.Syamala Rao is examined as PW.4, A.Ramesh Babu is examined as PW.5, Lakkoji Mallikarjuna Rao is examined as PW.6, 5 Ch.Madhu Syam Kumar is examined as PW.7, A.Siva Nageswara Rao is examined as PW.8, K.Veera Venkata Kanya Bhaskara Rao is examined as
PW.9, Tumu Venkateswara Rao is examined as PW.10, M.Gowri Naidu is examined as PW.11, U.Yesu Kumar is examined as PW.12, Vuyyuri Rama
Mallaiah is examined as PW.13, G.Appala Naidu is examined as PW.14,
Kollipaka Subba Rao is examined as PW.15, Ghantasala Seshu Varadhana
Rao is examined as PW.16, Nagireddy Hemalatha is examined as PW.17,
Nagireddy Bharathi is examined as PW.18, Gollu Venkata Syamala
Lakshmi is examined as PW.19, V.Lakshmi is examined as PW.20,
R.Hemalatha is examined as PW.21, D.Varalakshmi is examined as
PW.22, P.Siva Prasada Rao is examined as PW.23, N.Nagamani is examined as PW.24, Giri Anantha Lakshmi is examined as PW.25, Talari
Venkata Kasi Viswanadham, VRI is examined as PW.26, B.Esteramma is examined as PW.27, K.Ashok Kumar, Sub Inspector of Police is examined as PW.28, B.Chandra Sekhar, Sub Inspector of Police is examined as
PW.29, Md. Shabbir Ahmad, Sub Inspector of Police is examined as
PW.30, A.Ganesh Kumar, Sub Inspector of Police is examined as PW.31.
And got marked Ex.P.1 to Ex.P.42.
12.The case of the prosecution is that, the accused A1 to A4 were approached the PWs. 1 to PW.5, PW.6, PW.7, PW.8, PW.9, PW.10,
PW.11, PW.12, LW.13 M.Subba Rao, PW.13, PW.15, PW.16, PW.14,
PW.17, PW.18, PW.19, LW.22 Reddy Chiranjeevi, PW.23, PW.20 informed that they are having “my shopping mall” at Vijayawada, having head quarters at Bangalore and the management decided to open some more shops like at Guntur and also at Eluru and further informed that each subscriber has to pay Rs.6,000/ towards entry fees as a member, for which the management will give double the amount in a span of 45 months and also they will give provisions from their shops to a tune of
Rs.200/ in every month. After believing the deceitful words of the accused the above members paid an amount of Rs.6,000/ to the accused.
6 Thereafter the accused issued a stamped receipt for the receipt of cash an amount of Rs.6,000/. When they questioned the accused with regard to their amount, the accused did not respond properly and advised to contact the management, as the management is not in a position to install new branches at that stage. On that they demanded for return of their amount, the accused denied and further threatened them with dire consequences, and misappropriated the funds with dishonest and cheated them fraudulent intention.
13.PW.1 simply testifies that at about 6 or 7 years back two unknown persons came to his shop and informed about the details of My Shopping
Mall and they further informed that to deposit an amount of Rs.6,000/ and they will pay double the amount for the duration period 40 months.
PW.1 further testifies that they informed him they will deliver provisions for the worth of Rs.200/ every month. He believed the words and paid
Rs.6,000/ to that unknown persons and they issued bond dt. 02.04.2012 in Bond No. 357019, it is exhibited as Ex.P.1 and the said persons did not deliver provisions to them.
14.PWs. 2 to PW.22, PW.24 and PW.25 testifies the same thing and corroborated the evidence of PW.1. In their examination Ex.P.2 to
Ex.P.34, Ex.P.36 to Ex.P.39 were marked. PW.23 testifies that he did not know anything about the facts of the case.
15.Coming to the evidence of PW.26 who is working as VRO. He testifies that on 16.09.2017 while he was present in MRO office at
Kaikaluru by the time Kaikaluru Town Sub Inspector of Police called him to act as mediator in this case. He identified his signature on mediator report as scribed the same dt. 16.09.2017 at 10.00 A.M., in the presence of Katta Nagaraju Gowd and Sub Inspector of Police. Ex.P.40 is the mediators report. He further testifies that Sub Inspector of Police and 7 Katta Nagaraju Gowd and himself proceeded to the Kaikaluru Railway station along wit staff, then Sub Inspector of Police enquired two suspected persons about My Shopping Mall. They admitted and gave total details of My shopping Mall and that the Sub Inspector of Police obtain two persons signatures in the mediator report in their presence.
Later the Sub Inspector of Police arrested the said two suspected persons with the assistance of his staff. PW.27 testifies that he did not pay any amount to the accused and police did not enquire and recorded his statement.
16.PW.28 who is the Sub Inspector of Police testifies that during the course of his investigation he received the report from PW.1 and the same was registered as case in Cr.No.45/2012 for the offence u/s 406,420 r/w.
34 of Indian Penal Code and Sec.4 and 5 of Prize, Chits and Money
Circulation (Banning) Act, 1978 and issued FIR and submitted copy of
FIR to all the concerned and recorded the statements of the witnesses and on 01.01.2014 and handed over the case record to his Presiding Officer
D.Chandra Shekar i.e., PW.29 for further investigation.
17.PW.29 testifies that during his course of investigation he has examined the witnesses and recorded their statements and collected bonds and arrested the accused A4 at Andhra Bank and sent the accused
A4 to judicial custody and he handed over the case file to PW.30.
18.PW.30 testifies that during his course of investigation on receipt of credible information about the case on 16.09.2017 he left the Police
Station along with mediators and staff and proceeded to opposite of
Kaikaluru Railway Station and noticed two persons and caught hold the said two persons in the presence of mediators and staff and enquired A1,
A2 separately in the presence of mediator, the said accused confessed
before them. After that arrested the accused and produced the accused
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before the court for judicial custody. Later he handed over the case file to
PW.31.
19.PW.31 testifies that during his course of investigation he has examined the witnesses and received the bonds and after completion of investigation he laid charge sheet.
20.The learned counsel for the accused cross examined PW.26, PW.28 to PW.31 at length and elicit many things which falsifies the case of the prosecution. During the course of cross examination PW.26 stated that the police did not seize identity card or other identity proofs from the suspects in their presence at the railway station and further stated that there is no documentary proof to show that he was accompanied with the
Kaikaluru Town Sub Inspector of Police on 16.09.2017.
21.PW.28 stated in his cross examination that he did not seize any document from A1 to A4 pertaining to my shopping mall and further admitted the signature and name of the accused is not found in the bonds which is received by the witnesses and further admitted that each bond found the name of K.Venkata Mohana Rao and Saritha and he did not seize any receipts from the witnesses to show that witnesses paid amount to my shopping mall.
22.PW.29 stated in his cross examination that bonds did not contain name and signature of the accused and he did not seize any documents of
My shopping mall to show that the accused are employees of the shopping mall. PW.30 stated in his cross examination that the pen used in drafting of confessional statement of the accused and the pen used for scribing the signature of PW.26 is different. PW.29 stated that Ex.P.6 and
Ex.P.28 does not contain the signature of the accused A1 to A4. He further stated that his investigation does not reveal that whether such 9 shopping mall is in existence and accused is connected with the shopping mall or not.
23.The evidence of PWs. 1 to PW.22, PW.24, PW.25 discloses that they deposited an amount of Rs.6,000/ to my shopping mall to two suspected persons and other witnesses stated that they believing the words of some of the persons who already paid the amount deposited the amount two suspected persons. The evidence of PWs. 1 to PW.22, PW.24 and PW.25 does not disclose the said suspected persons names and also they did not disclose the names of the accused and they did not even identify the accused persons in the court hall. PW.23 and PW.27 did not support the case and they stated simply, they did not know anything about the facts of the case.
24.PWs.1 to PW. 22, PW.24, PW.25, PW.23 and PW.27 did not support the case of the prosecution and they have resciled from their own statements made before the police at the earliest point of time. The evidence of prosecution did not hit the charge to convict the accused for the offence. There is no incriminating material against the accused.
Except the evidence of VRO, Sub Inspector of Police no evidence on record to incriminating the material against the accused. The material on record clearly shows that PW.1 gave report. This court is of the opinion that merely because the prosecution is able to prove the statement at any stretch of imagination, it cannot be said that report itself established the case of the prosecution. When the content of the report is supported by the maker of the report, said report can be taken as corroborative piece of evidence and moreover the witnesses did not support the case.
25.The standard of proof in criminal cases is not the same as in the civil. Importantly, in criminal cases the burden of proving the guilt of an accused is upon the prosecution. It must standard by itself. Essentially accused need not establish their case beyond all reasonable doubt. Of 10 course, in some cases where the burden of proof relating to a fact in issue in a case is on the accused, the standard of proof required of him is not the same as is required from the prosecution. This proposition of law is no more resintegra. Upon such proof as is adduced, if there is a real and reasonable doubt as to their guilt, the accused are entitled to the benefit of doubt. The law always requires that the conviction should be certain and not doubtful. If the evidence on record establishes the truth of the charge and satisfies the reason and judgment of the court such evidence must be taken to have proved the charge beyond all reasonable doubt justifying conviction.
26.Upon reading the material on record, this court is of the opinion that PW.1 and other witnesses didn't support the case of the prosecution and there is nothing on the record to show that the accused committed the offence. For this reason this court is of the opinion that prosecution not established the guilt of the beyond all reasonable doubt.
27.In the light of above discussion, it is held that prosecution miserably failed to establish the guilt against accused for the offences under sections 406,420 r/w 34 of Indian Penal Code and Sec.4 and 5 of
Prize, Chits and Money Circulation (Banning) Act, 1978 beyond all reasonable doubt. Hence, the accused are entitled for acquittal.
Result:
In the result, the accused A1 to A4 are found not guilty for the
offences under sections 406,420 IPC and Sec.4 and 5 of Prize, Chits
and Money Circulation (Banning) Act, 1978 and they are acquitted
under Sec. 248(1) Cr.P.C., The bail bonds of accused and that of
sureties shall remain in force for a period of 6 months from the date
of this Judgment under Section 437A of Criminal Procedure Code.
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Unmarked (non valuable) property shall be destroyed after lapse of
appeal time.
Dictated to the Stenographer, Grade II, transcribed by her corrected
and pronounced by me in the Open Court, this the 15 th day of May, 2019.
Sd/ N.Saraswathi, Addl. Asst. Sessions Judge, FAC. Prl.Asst.Sessions Judge, Machilipatnam.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
Prosecution: Accused
PW.1: Kollipara Seetharamanjaneyulu Nil PW.2: U.V.Ramesh Babu PW.3: K.Venkata Mohana Rao PW.4: N.Syamala Rao PW.5: A.Ramesh Babu PW.6: Lakkoji Mallikarjuna Rao PW.7:Ch.Madhu Syam Kumar PW.8:A.Siva Nageswara Rao PW.9:K.Veera Venkata Kanya Bhaskara Rao PW.10: Tumu Venkateswara Rao PW.11:M.Gowri Naidu PW.12: U.Yesu Kumar PW.13: Vuyyuri Rama Mallaiah PW.14: G.Appala Naidu PW.15: Kollipaka Subba Rao PW.16: Ghantasala Seshu Varadhana Rao PW.17: Nagireddy Hemalatha PW.18: Nagireddy Bharathi PW.19: Gollu Venkata Syamala Lakshmi PW.20: V.Lakshmi PW.21: R.Hemalatha PW.22: D.Varalakshmi PW.23: P.Siva Prasada Rao PW.24: N.Nagamani PW.25: Giri Anantha Lakshmi PW.26: Talari Venkata Kasi Viswanadham, VRO PW.27: B.Esteramma PW.28: K.Ashok Kumar, Sub Inspector of Police PW.29: B.Chandra Sekhar, Sub Inspector of Police PW.30: Md. Shabbir Ahmad, Sub Inspector of Police PW.31: A.Ganesh Kumar, Sub Inspector of Police 12
DOCUMENTS MARKED FOR
Prosecution
Ex.P.1: Bond issued by My Shopping Mall with No. 3570119, dt.02.04.2012 Ex.P.2: Signature of PW.1 on the report Ex.P.3: Bonds in the name of PW.2 in number 13. Ex.P.4: Bonds issued by My Shopping Mall with Nos.302594,303025 and 745702 Ex.P.5: Bond issued by My Shopping Mall with No.482889 Ex.P.6: Bonds issued by My Shopping Mall with No.546567 Ex.P.7: Bonds issued by My Shopping Mall with Nos. 750178 &57292 Ex.P.8: Bonds issued by My Shopping Mall with No.98007& 409961 Ex.P.9: Bonds issued by My Shopping Mall with No.277248 & 184078 Ex.P.10: Bonds issued by My Shopping Mall with No.150454 Ex.P.11: Sec.161 Cr.P.C., of PW.10 Ex.P.12: Bonds issued by My Shopping Mall with No.534811 Ex.P.13: Bonds issued by My Shopping Mall with No.683329 Ex.P.14: Bonds issued by My Shopping Mall with No.797677 Ex.P.15: Sec.161 Cr.P.C., statement of PW.13 Ex.P.16: Bonds issued by My Shopping Mall with No.169905 Ex.P.17: Sec. 161 Cr.P.C.,. statement of PW.14 Ex.P.18: Bonds issued by My Shopping Mall with No.624057& 124445 Ex.P.19: Sec. 161 Cr.P.C statement of PW.15 Ex.P.20: Bonds issued by My Shopping Mall with No.845016 Ex.P.21: 161 Cr.P.C statement of PW.16 Ex.P.22: Bonds issued by My Shopping Mall with No.340057 Ex.P.23: 161 Cr.P.C statement of PW.17 Ex.P.24: Bond issued by My Shopping Mall with No.828697 Ex.P.25: 161 Cr.P.C statement of PW.18 Ex.P.26: Bond issued by My Shopping Mall with No.697230 Ex.P.27: 161 Cr.P.C statement of PW.19 Ex.P.28: Bonds issued by My Shopping Mall with No. 649481 Ex.P.29: Bonds issued by My Shopping Mall with No.239072 Ex.P.30: 161 Cr.P.C statement of PW.20 Ex.P.31: Bond issued by My Shopping Mall with No.752256 Ex.P.32: 161 Cr.P.C statement of PW.21 Ex.P.33: Bonds issued by My Shopping Mall with No. Ex.P.34: 161 Cr.P.C statement of PW.22 Ex.P.35: 161 Cr.P.C statement of PW.23 Ex.P.36: Bond issued by My Shopping Mall with No.61112 Ex.P.37: 161 Cr.P.C statement of PW.24 Ex.P.38: Bond issued by My Shopping Mall with No.852933 Ex.P.39: 161 Cr.P.C statement of PW.25 13 Ex.P.40: Mediator report dt. 16.09.2017 Ex.P.41: 161 Cr.P.C statement of PW.27 Ex.P.42: FIR
Accused: Nil
MATERIAL OBJECTS MARKED FOR PROSECUTION: Nil
Sd/ N.Saraswathi, Addl. Asst. Sessions Judge, FAC Prl. Asst.Sessions Judge, Machilipatnam. // True Copy //
A.S.C.J/MTM FAC.P.S.C.J/MTM.