C.C NO. 425 of 2018
IN THE COURT OF THE PRINCIPAL JUDICIAL MAGISTRATE OF
FIRST CLASS AT SURYAPET .
(Dated this the 31 st day of AUGUST, 2021)
Present: Sri. N. Srikanth Babu,
Prl. Judl.Magistrate of First Class,
Suryapet.
***
New C .C.NO. 425 of 2018
Old C.C.No.120 of 2014
BETWEEN:
The State through SubInspector of Police, P.S Suryapet II town.
….Prosecution A N D
1.Motkur Venkanna S/o: Sathaiah, Age: 52 years, Occ: Petty Business, R/o: Poola Center, Suryapet.,
2.Motkur Nagamani W/o: Venkanna, Age: 45 years, Occ: Petty Business, R/o: Poola Center, Suryapet.
…Accused Nos.1 and 2
This case came before me for final hearing in the presence of the learned APP for State and of Sri. Banala Vijay Kumar, Counsel for Accused Nos.1 and 2 and the matter having stood over for consideration till this day, this court delivered the following:
: J U D G M E N T :
The SubInspector of Police, P.S Suryapet II town filed charge sheet in Cr.No.16/2014 for the offences U/sec.324 R/w 34 of IPC against the
Accused Nos.1 and 2.
The brief facts of the prosecution are thus:
2 C.C NO. 425 of 2018
1.On 13012014 at 1330 hours LW1/ Edigalla Narsamma went to
Police Station and lodged complaint in which she stated that she is running a Idly business beside Tedlapandurangaiah shop situated at
Poola Center, Suryapet by taking a wooden box for rent. Besides to her shop Motkur Venkanna and his wife Nagamani are also running idly business. On 12012014 at 1830 hours Narsamma quarreled with her by demanding to vacate her business and beat her by caught her hair, meanwhile Venkanna beat her with a stick and caused blood injury on her head. Immediately she took treat at Area Hospital, Suryapet. Finally she requested to take legal action against Accused Nos.1 and 2.
2.On receipt of said complaint, Lw.7 registered the case in
Cr.No.16/2014 for the offence U/sec. 324 r/w 34 of IPC and took up investigation.
3.During investigation Lw.7 examined and recorded the statements of Lws.1 and 2 at Police Station. Later submitted a requisition to Duty
Medical Officer, Area Hospital, Suryapet with a request to issue medical certificate of Lw.1. Later visited the scene of offence situated at Poola
Center, Suryapet and recorded the statement of eye witness as Lw.3.
Later secured two mediators i.e., Lws.4 and 5 and conducted scene of offence panchanama in presence of them and drawn rough sketch of the scene. On 20012014 at 1000 hours, he rushed to Poola Center,
Suryapet and apprehended the Accused and brought them to Police
Station at 1030 hours and after following due procedure produced the
Accused before the court for judicial remand. Later collected MC of 3 C.C NO. 425 of 2018 injured from Area Hospital, Suryapet. After completion of investigation filed charge sheet.
4.On perusal of the material this court took cognizance for the offence punishable under Sec.324 r/w 34 of IPC against Accused Nos.1 and 2.
5.On appearance of Accused Nos.1 and 2, copies of documents are furnished as required under Sec.207 Cr.P.C. Accused Nos.1 and 2 were examined under Sec.239 Cr.P.C., charges framed and explained to them in telugu language, for which the Accused Nos.1 and 2 pleaded not guilty, claimed to be tried.
6.To prove the charges, the prosecution in all examined PWs.1 to 7 as witnesses and got marked Exs.P1 to P6.
7.After closure of prosecution evidence, Accused Nos.1 and 2 were examined u/s.313 Cr.P.C and was explained with the incriminating circumstances appearing in the prosecution evidence. The Accused
Nos.1 and 2 denied the same and reported no defense evidence on their behalf.
Heard both parties.
POINT:
Now the point for determination is “Whether the prosecution proved the guilt of Accused Nos.1 and 2 for the charged offence beyond all reasonable doubt?
4 C.C NO. 425 of 2018
8.It is the case of the prosecution that Pw.1 is doing idly business beside Tedla Pandu Rangaiah shop and besides to her shop the Accused persons are also doing idly business. The Accused Nos.1 and 2 stating that they have purchased the shop in which Pw.1 is doing her business and on 12012014 at 06.30 PM Accused No.2 quarreled with Pw.1 to vacate the said shop and she caught hold the hair of Pw.1 and Accused
No.2 beat Pw.1 with a stick on her head and as such she sustained injury. Later she went to area hospital for treatment and after that she lodged complaint.
9.In order to prove the guilt of the Accused No. 1 and 2 the prosecution in all examined Pws.1 to 7 and got marked Exs.P1 to P6.
10.The evidence of Pw.1 shows that she is doing Idly business beside
Tedla Pandu Rangaiah shop at Suryapet by taking wooden box for rent.
Accused are also running idly business beside to her business. At about 05 years ago on one day at about 4.00 or 5.00 PM, Accused have quarreled with her by demanding her to vacate her business and
Accused No.2 has caught hold her hair and she also caught hold hair of
Accused No.2 and started quarreling. Then Accused No.1 came behind her and hit her with a stick on her head, as such she sustained bleeding injury. The said incident was witnessed by Pw.5 and she rescued her from the hands of Accused. Later she went to Police station and lodged complaint against Accused Nos.1 and 2 and later she along with one police personal went to area hospital, Suryapet for treatment.
5 C.C NO. 425 of 2018
11.The prosecution in the charge sheet has shown that Lws.2 and 3 as eye witnesses. The evidence of Pw.2 shows that at about 06 years ago one day in between 04.00 or 05.00 Pm when she was at her house her mother came to her house with a head injury and she enquired as to the incident. On that she stated that Accused Nos.1 and 2 used to abused her for petty issues and further stated that on the date of incident there was a galata took place between Accused and Pw.1 and Accused No.1 has caught hold hair of her mother and beat her with a stick and due to which she sustained bleeding injury and later she went to place of incident and one Padma has also informed her about the incident as she witnessed the same and rescued Pw.1 from the hands of Accused Nos.1 and 2. Later she along with her mother went to police station and her mother lodged the complaint against Accused. Later her mother was referred to area hospital for treatment. From the evidence of Pw.2 it is clear that she is not an eyewitness, but only a circumstantial witness.
The perusal of Ex.P1 shows that on 12012014 at 06.30 PM Accused
No.2 has quarreled with her and Accused No.2 caught hold hair of Pw.1 and Accused No.1 has beat her with a stick and she went to area hospital for treatment. The perusal of Ex.P1 shows that one Narsamma has quarreled with the defacto complainant, but the name of the Accused
No.1 is shown as one Nagamani. Pw.1 in her evidence stated that the incident took place at about 04.00 or 05.00 PM and Accused No.2 has caught hold hair and she also caught hold hair of Accused No.2 and
Accused No.1 came behind to her and beat her with a stick on her head, as such she sustained bleeding injury. The Pw.1 either in Ex.P1 or in 6 C.C NO. 425 of 2018 her evidence has not stated anything about Pw.2. The evidence of Pw.2 shows that on one day at about 04.00 PM or 05.00 PM, her mother came to her house with a head injury and she enquired as to incident and her mother stated that there are disputes to her with Accused and also stated that Accused No.2 has caught hold her hair and Accused No.1 beat her with a stick on the head. Further Pw.2 also stated that she went to the place of incident and Pw.5 has informed her about the incident as she witnessed the same and rescued PW.1 from the hands of Accused
No.2. The Pw.1 has not stated anything as to Pw.2 in her complaint
Ex.P1 or in her evidence, but Pw.2 has stated that her mother has come to her with a head injury and later and knowing that Accused has beat her Mother she went to place of incident and enquired with Pw.5 as to the incident. There is no corroboration in the evidence of Pws.1 and 2. In
Ex.P1 it is mentioned that after Pw.1 sustained head injury she went to area hospital for treatment and the perusal of Ex.P1 shows that it was lodged on 13012014. Pw1 during in her evidence stated that after the incident she went to police station and lodged compliant against Accused
Nos.1 and 2 and later she along with one police personnel went to area hospital for treatment. Pw.2 also in her evidence stated that she along with her mother went to police station and her mother lodged complaint against the Accused. Later her mother was referred to area hospital for treatment. The perusal of Ex.P1 shows that it was lodged on 13012014 and as per the complaint the offence took place on 12012014 and as per the evidence she first lodged the complaint and then was referred to complaint, so the complaint should have been lodged on 12012014 7 C.C NO. 425 of 2018 itself. Pw.1 during her cross examination stated that the alleged incident took place at about 03.00 or 04.00 PM in the evening. PW1 denied the suggestion that she has not stated to police that immediately after alleged incident she went to Area Hospital, Suryapet for treatment. The perusal of statement of Pw.1 before police shows that after the incident she went to area hospital for treatment and the same was marked as
Ex.D1. PW.1 denied the suggestion that she has not stated to Police that
Accused No.2 came from backside and hit her with a stick and Pw.1 added that at first she has given a statement and in which she has stated that Accused No.2 has beat her from backside. But the perusal of her statement shows that nothing was disclosed as to how Accused No.1 beat her. Pw.1 also denied the suggestion that she has not stated to police that immediately after the alleged incident she went to police station and later was referred to area hospital for treatment. The perusal of Ex.D1 reveals that in her statement she stated that she went to area
Hospital, Suryapet. There are contradictions in the evidence of Pw.1.
Pw.2 during her cross examination stated that Pw.1 came to her house in between 04.00 to 05.00 PM. After the alleged incident her mother came to her house and later went to Police station. After that police referred them to area hospital. Pw.2 further stated that she has stated to police in her statement as to that first her mother came to her and after that they went to police station. The perusal of her statement shows that when she came to know as to that her mother sustained injury she went to place of incident and later took her mother to area hospital. The said portion was marked as D2. There are several contradictions in the 8 C.C NO. 425 of 2018 evidence of Pws.1 and 2 and there is no corroboration in the evidence of
Pws. 1 and 2.
12.The Pw.1 during her evidence stated that one Padma has witnessed the incident and rescued her from the hands of Accused. Pw.2 has also stated in her evidence that after her mother came to her and informed about the incident and she went to place of incident and one
Padma has also informed her about the incident as she witnessed the same and rescued Pw.1 from the hands of Accused Nos.1 and 2. The said
Padma was shown as eye witness by the prosecution and she was examined as PW.5. The evidence of Pw.5 shows that she do not know anything about the facts of the case and she never witnessed any incident between Pw.1 and Accused Nos.1 and 2. The learned APP requested the Court to declare the witness hostile and he was permitted to cross examine the witness and nothing was elicited by the learned APP by the cross examination of Pw.5. One of the panch witnesses was examined as Pw.3. The said panch witness has turned hostile and not supported the version of prosecution. The learned APP requested the
Court to declare the witness hostile and he was permitted to cross examine the witness and nothing was elicited by the learned APP by the cross examination of Pw.3.
13.The Medical Officer was examined as PW4. The evidence of Pw.4 shows that on 12012014 he has received requisition from SHO, P.S
Suryapet II town to examined Pw.1. Accordingly he has examined Pw.1 at 06.25 PM on 12012014 and found following injuries, 1) lacerated injury 9 C.C NO. 425 of 2018 over scalp measuring 2 x 1 x ½ cm caused by blunt object and simple in nature and age of the injury is two hours and issued medical certificate
Ex.P3. He during his cross examination stated that he has examined
PW.1 at 06.25 PM on 12012014 and he has not enquired with Pw.1 as to how she sustained injuries and Pw.1 has also not stated to him.
Further stated that Pw.1 herself came to him and he examined her. He denied the suggestion that the similar kind of injuries can be sustained if one falls on a hard surface.
14.The investigating officers were examined as Pws.6 and 7. The evidence of Pw.6 shows that on 13012014 at about 01.30 PM Pw.1 went to police station and lodged complaint and he has registered a case for the offence under Sec.324 R/w 34 of IPC and examined Pws.1 and 2 at police station. Later he submitted requisition to area hospital Suryapet for medical certificate. Later he visited poola center and recorded the statement of Pw.5 and conducted scene of offence panchanama in the presence of panchas. Later arrested the Accused person and sent them to judicial remand and later he has handed over the CD file to Pw7. He during his cross examination stated that alleged incident took place at 12012014 at 06.00 PM and complaint was lodged on 13012014 and there is a delay in lodging of FIR and further stated that he has not mentioned in the FIR that there is the delay and reasons for it. He further stated that he himself has referred Pw.1 to hospital for treatment.
Further admitted that Pw.1 in her 161 statement stated that after alleged incident she went to hospital for treatment. Pw.6 also admitted that Pw.2 has stated to him that after alleged incident she took Pw.1 to area 10 C.C NO. 425 of 2018 hospital for treatment. Further also admitted that where the alleged incident took place is a busy locality and near to alleged scene of offence the houses of Narsing Venkateshwarlu, Venkanna and Tedla Praveen are situated and he has not examined any of them. The evidence of Pw.7 shows that he received medical certificate from Pw.4 and on verifying the investigation done by Pw.6 and having satisfied with it, he laid charge sheet. He during his cross examination stated that there is no delay in lodging FIR after the incident. Further stated that Pw.6 has referred Pw.1 to hospital after she came to police station. The Pw.4 in his evidence stated that on 12012014 he has received requisition from SHO,
Suryapet II town to examined Pw.1. Pw6 stated that on 13012014 Pw.1 came to police station and lodged complaint and later he has submitted requisition to area hospital for medical certificate. Pw.6 during his cross examination stated that he himself has referred Pw.1 to hospital for treatment. Pw.7 also stated that Pw.6 has referred Pw.1 to area hospital after she came to police station. There is no corroboration between the evidence of Pw.4 and 6 and 7 as to actually when the requisition was sent to examine Pw.1 as Pw.4 stated that he received requisition on 12 012014 and Pw.6 stated that he himself referred Pw.1 to hospital for treatment and as per his evidence on 13012014 Pw.1 came to police station to lodged the complaint.
15.The perusal of evidence of prosecution shows that there is no corroboration in the evidence of Pws.1 and 2 as Pw.1 has not disclosed anything as to Pw.2 but Pw.2 stated that after her mother came and stated to her about the incident she went to place to incident and 11 C.C NO. 425 of 2018 enquired Pw.5 and Pw.5 stated that she has witnessed the incident and rescued Pw.1 from the hands of Accused. But said Pw.5 has not supported the version of prosecution and she turned hostile. As per
Ex.P1 the alleged incident took place at 06.30 PM in the evening and
Pw.1 during her evidence stated that the incident took place at about 04.00 or 05.00 PM and in her cross examination she again stated that the incident took place at about 03.00 or 04.00 PM in the evening. PW.2 stated that the incident took place in between 04.00 to 05.00 PM and the perusal of Ex.P3 shows that the medical officer examined Pw.1 at 06.25
PM and he has mentioned the age of injury as two hours. The Pw.1 herself in the complaint stated that the incident took place at 06.30 PM but she in her evidence stated that if he is stated as 04.00 or 5.00 PM and in cross examination 03.00 or 04.00 PM and there are contradictions in her evidence and no corroboration with evidence of
Pw.2 as to when actually the alleged incident took place. The perusal of entire evidence shows that there are several contradictions in the evidence of Pws.1 and 2 and there is no corroboration in their evidence and moreover the Pw.5 who are shows as eyewitness and not supported the version of prosecution and Pw.4 who was shown as panch witness has turned hostile and this Court is of opinion that the prosecution has failed to prove the guilt of the Accused beyond reasonable doubt and they are entitled for acquittal.
In the result, Accused Nos.1 and 2 are found not guilty for the offence Under Section 324 r/w 34 of Indian Penal Code and they are acquitted Under Section 248 (1) of Cr.P.C. for the above said offences.
12 C.C NO. 425 of 2018
The bail bonds of the Accused Nos.1 and 2 shall stand cancelled after expiry of six months.
Typed to my dictation by P.A., corrected and pronounced by me in the open court on this the 31st day of August, 2021.
PRL. JUDICIAL MAGISTRATE OF FIRST CLASS
SURYAPET
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR PROSECUTION
PW1: E.Narsamma Complainant and Injured, PW2: Bethu Vidya Circumstantial witness, PW3: Mamidi Laxminarayana Panch for scene of offence panchanama PW4: Dr.S.Venkateshwarlu Treated the injured and issued MC PW5: Janapati Padma Eyewitness PW6: R. Venkateshwarlu 1st Investigating officer PW7: J. Simmaiah 2nd investigating officer
WITNESSES EXAMINED FOR DEFENCE
NIL
EXHIBITS MARKED FOR PROSECUTION
Ex.P1: is the complaint, Ex.P2: is the signature of PW3 on scene of offence panchanama, Ex.P3: is the Medical certificate, Ex.P4: is the 161 Cr.P.C statement of PW5. Ex.P5: is the FIR, Ex.P6: is the Scene of offence panchanama.
MATERIAL OBJECTS
Nil
PRL. JUDICIAL MAGISTRATE OF FIRST CLASS
SURYAPET