1
IN THE COURT OF THE PRINCIPAL JUDICIAL MAGISTRATE OF
FIRST CLASS: AT KODAD
Dated this the 15 th day of October, 2024
Present: Sri N.SYAMASUNDAR
Prl. Judicial Magistrate of First Class, Kodad
C.C No. 705 of 2024
BETWEEN: The State of Telangana through the Sub-Inspector of Police, Kodad Town Police Station.
….COMPLAINANT
AND
Mamidi Gopi S/o. Late Nagaiah, Age 26 years, Caste: Mudiraj, Occ: Puncture Shop, R/o NSP Camp colony, Huzurnagar Town, Suryapet District.
This case came before me for final hearing in the presence of learned Assistant Public Prosecutor for the State and Legal Aid Counsel Manda Venkateswarlu for the accused, upon perusing the material papers on record, and on hearing both the sides and the case having stood over for consideration till this day, this Court delivered the following:-
JUDGMENT
1.The Sub-Inspector of Police, Kodad Town Police Station filed charge sheet against the accused in Crime No.225 of 2024 for the offences un- der Section 379 of IPC.
2.The brief facts of the prosecution case are that on 03-07-2024 at 06:00 hours the complainant Kantu Uma Maheshwar Rao S/o. Narsimha Rao,
Age: 33 years, R/o. Rajarampeta Village, Nelakondapalli Mandal,
Khammam District came to PS and lodged Telugu written complaint stating that he regularly came to Govt. hospital Kodad for perform Di- alysis to his father. As usually on 23-06-2024 morning at 06:00 am he 2
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad came to Govt. hospital and parked his splendor plus bike bearing No.
TS-04-ER-0146 and went inside. Later he came to his bike and did not appear his bike. Some unknown offenders were committed theft of his bike during he went inside to hospital. His bike value is Rs.70,000/- his father health is not good, due to which he lodged complaint with delay. Finally he requested to take necessary action in this matter.
3.Basing on the above complaint and as per its contents Inspector of
Police, PS Kodad Town LW-8 registered a case in Cr.No.225/2024, U/s.
379 of IPC and investigation entrusted to A. Ranjith, Sub In- spector of Police, PS Kodad Town LW-9 duly dispatched the FIRs to all concerned. Later LW-9 took up the investigation.
4.During the course of investigation, LW-9 examined the complainant as
LW-1, his wife Kantu Mamatha W/o. Uma Maheshwar Rao as LW-2 and recorded their statements in detailed in part-II CDS at Kodad Town and caused enquiry, then visited scene of crime located at Govt. hospi- tal, Kodad Town, where observed crime scene minutely, then secured the presence mediators i.e., Lws 4 & 5 and conducted scene of crime panchanama besides drawing its rough sketch then examined the Red- diboina Krishna S/o. Gopaiah as LW-3 and incorporated the same in part II CD.
5.While the efforts are being continued to traced out the accused on 05-07-2024 during the early morning hours LW-9 along with staff per- forming vehicle checking in Gold shop center Main road in Kodad Town 3
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad in routine manner, morning 07:00 hours one male person have been proceeding on Splendor Plus Bike bearing No.TS 04-ER-0416 in suspi- cious manner towards Bus station side from Ranga Theater side, im- mediately they stopped the bike and enquired about his nativity and also requested to produce the vehicle documents as well as DL, on that all they replies his nativities in different and suspicious manner, imme- diately LW-9 along with staff taken him into custody caused detailed and discreet enquiry one by one during the course of enquiry they vol- untarily confessed his guilt in this crime and also 5 crimes in various places. Upon the confession, LW-9 secured presence of two mediators
Chinthareddy Krishna Reddy and Kamalla Stalin i.e., Lws 6 & 7 and conducted confessional panchanama, in which he disclosed his name is one Mamidi Gopi S/o. Late Nagaiah, Age: 26 years, Occ: Puncture shop, R/o. NSP Camp colony, Huzurnagar Town, Suryapet District they had three sons, two elder sisters. He is fourth person in them. He was studied up to 5th class in NSP Camp school, Huzurnagar.
Later he did not like studies and completed his school life later. Further he was joined in a tyre puncture shop in Huzurnagar. Later he and his brother in law Jadav Ganesh were moving around without any work. On that they both become closely. Later he along with Jadav
Ganesh were committed theft a bike, due to which they went Jail for this offence. Later he loved one Nagamani and got married. Later at about 8 years back his parents are demised in an accident. In which 4
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad he also sustained severe injuries, due to which he addicted to consump- tion of alcohol, on his profession his earnings are insufficient to main- tain his luxuries, further he got marriage and have a female child.
Slowly there is a disputes arose with his elder sisters. Further he came to Kodad along with his wife and stayed. Since he used to commit thefts.
On his profession his earnings are in sufficient to maintain his family as well as his lavish luxuries. Later he committed so many bike thefts and Hundi theft cases in various police stations i.e., Huzurnagar, Ko- dad Town, Chilukuru, Miryalaguda, Suryapet, Khammam, Mahabooba- bad police station limits. In these cases he went Jail so many times.
Due to insufficient money for his luxuries and expenditure, he came to Kodad from Mahaboobabad on 23-06-2024 morning at 06:00 hours he committed theft a Splendor Plus Bike bearing No. TS- 04-ER-0416 which was parked on main road, in front of Govt. hospital,
Kodad later he committed thefts in Temples by using Splendor Plus
Bike. He committed thefts along with his wife Nagamani and wife of his brother-in-law i.e., Jadav Sreesha. Later all they committed so many thefts in various places the detailed are as below.
6. On 25-04-2024 he along with his wife Nagamani and his sister Jadav
Sireesha are proceeded to out skirts of Nagulapadu Village of
Penpahad police station limits in the night at 11:00 pm which was located at Musi river, where they ingress into the Ganga devara temple they committed theft four brass bells and net cash an amount of 5
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
Rs.3000/- in Gangadevara temple by breaking open the temple lock and committed the theft of Temple “Hundi” and decamped with boot in which Rs.3000/- expensed their luxuries and remaining 4 brass bells kept with him.
7.After committed the above theft, later on 19-06-2024 he proceeded to
Miryalaguda from Huzurnagar and committed theft a bike bearing No.
AP 24-P-1998 and which was kept in bushes located towards singaram road, outskirts of Kodad Town this offence committed himself only. If you come with him he will show the bike which was committed theft in Miryalaguda.
8.After committing the above theft, on 24-06-2024 night hours he along with his wife Nagamani and his sister Jadav Sireesha all they proceeded to Drishinapalli Village of Noothankal police station limits, where at 11:00 pm they break open the “ Hundi” in Kanakadurgamma temple and committed theft an amount approximately Rs.3000/- in which he purchased a key pad mobile phone with an amount of
Rs.2000/- and same was kept at Nagamani. Remaining Rs.1000/- is kept with his sister Sireesha.
9.After committing the above theft on 26-06-2024 all they proceeded to
Kusumanchi dam of Kusumanchi police station limits, where at 10:00 pm they committed break open the Gangamma temple and committed theft of Silver crown, gold Chandraharam, ear studs, buttas, 2 black breed gold chains. In which his wife Naganmani were sold out some 6
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad gold items, with these amount, he purchased a second hand auto on the same of his wife Nagamani at Khammam. This auto was hidden in bushes at Singaram road, Kodad Town out skirts. Remaining silver crown, Gold Chandraharam, one pair of buttalu, one locket were kept with him.
10.After committing the above theft on 30-06-2024 night hours he along with his wife Nagamani and his sister Jadava Sireesha were
Singareddipalem village of Penpahad police station limits, where they break open the “ Hundi” in Sri Seatharamanjaneya Swami Temple located beside main road. But there is no cash in said “ Hundi”.
11.Later on 05-07-2024 morning hours he put the stolen property four brass bells and gold items in a bag and proceeding towards Mazeed cen- ter, Kodad from Huzurnagar on Splendor Plus bike bearing No. TS 04-
ER-0146 which was committed theft in Kodad Town on 23- 06-2024. When he reached near to gold shop street on main road, Kodad
Town at 07:00 am meantime the police Kodad Town stopped him during the vehicle checking and asked the documents of vehicle and DL, but he did not produced the same on that the Police Kodad Town apprehended him into custody and caused detailed enquiry.
12.Upon the confession LW-9 recorded the confession statement of accused and seized the case property i.e., splendor plus bike bearing
No. TS 04-ER-0146 from the possession fo Gopi under cover of seizure panchanama as well as four 4 brass bells in which two were smaller and 7
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad two were bigger, silver crown about 500 grams one gold Chan- draharam about 20 grams, Ear buttalu about 2.2 grams, one gold locket about 2.8 grams were seized under cover of seizure pan- chanama.
13.LW-9 along with the same mediators along with accused are proceeded to Singaram road, out skirts of Kodad Town, where recovered the case property i.e., Hero Hond CD Deluxe bike bearing No. AP 24-P-1998 which are committed the theft in Miryalaguda I Town and also one auto
TS 04-UA-1058 which was purchased from the amount committed theft from Kusumanchi on 26-06-2024 and under cover of seizure pan- chanama pasted the signature slips of the panchas on seized property, pasted signature slips of the panchas on the case property. Then brought the accused person to PS Kodad Town at 11:00 hours by in- forming to him and his kith and kin about the grounds of his apprehen- sion as per U/s. 50, 50-A Cr.PC issued arrest memos against his and effected their arrest. Later the accused person was produced before the
Court and lodged him Jail.
14.The accused is habituated, previously he was involves in
property offence cases at PS Kodad Town, Huzurnagar,
Chilukuru, Miryalaguda, Suryapet, Khammam, Mahaboobabad
police stations, in which some of cases are disposed and some of
cases are pending the Court concerned Courts”. He was involved
in following cases in various police stations.
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CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
1) Cr.No.134/2023, U/s. 457, 380 of IPC of Chilkuru PS
2) Cr.No.145/2023, U/s. 457, 380 of IPC of Kodad Rural PS
3) Cr.No.154/2016, U/s. 379 of IPC of Kodad town PS
4) Cr.No.238/2019, U/s. 379 of IPC of Kodad Town PS
5) Cr.No.316/2018, U/s. 457, 380 of IPC of Kodad Town PS
15.The accused person was previously convicted in Cr.No.238/2019
U/s. 379 of IPC of PS Kodad Town for the period of 6 months RI
on 19-08-2019 vide CC.No. 528/2019. The Judgment copies also enclosed here with the above mentioned crime.
16.Thus the accused Mamidi Gopi S/o. Late Nagaiah, Age: 26 years, Occ:
Puncture shop, R/o. NSP Camp Colony, Huzurnagar Town, Suryapet
District, committed the offence punishable U/s. 379 of IPC.
17.Hence, it is prayed that the Court may be pleased to commence trial against the accused Mamidi Gopi S/o. Late Nagaiah, Age: 26 years,
Occ: Puncture shop, R/o. NSP Camp Colony, Huzurnagar Town, `
Suryapet District, and punish hjim as per laws due after trial.
18.This case is taken on file for the offences punishable under Section 379 of IPC, and on appearance of accused copies of documents are furnished to him as required U/sec.207 Cr.P.C.
19.On 21-08-2024 the accused was examined U/s 239 Cr.P.C. read over and explained the charges U/s 379 of IPC in vernacular lan- guage for which he pleaded not guilty and claimed to be tried.
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CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
20.To substantiate its case, the prosecution has examined PW-1 to PW-4 and got marked Ex.P-1 to Ex.P-5.
21.After closure of prosecution evidence, on 15-10-2024 the accused was examined U/s 313 Cr.P.C., by explaining the incriminating evidence against him for which he pleaded not guilty and reported no defense evidence.
22.Heard argument on both sides.
Now the point for determination is; “Whether the prosecution has brought home the guilt of the accused beyond all reasonable doubt for the offences punishable under Sec.379 of IPC?"
Point:
23. In this case the prosecution has examined PW-1 to PW-4 and ex- hibited Ex.P-1 to Ex.P-5. The vehicle is marked as MO-1.
In Chief Examination of PW-1/Complainant, PW-1 stated that:
24.On 03-07-2024 he came along with his father who is a dialysis patient to Government Hospital Kodad, kept his two wheeler near the hospital and went into the hospital. His vehicle No. is TS-04-
ER-0146. By the time he came out of the hospital, his Motor cycle was stolen. So he went to PS Kodad Town lodge the report. The witness identified his signature on the report given by him to the 10
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
Police. It is marked as Ex.P-1. The vehicle is marked as MO-1.
Police examined him and recorded his statement.
In Cross Examination of PW-1, PW-1 Stated that:
25.He studied up to 9th class. He denied that he completed his
Degree. He does not remember the day on which his vehicle was stolen. He accepted that there is 1 month gap between the day his vehicle was stolen and the day he gave report to Police. He ac- cepted that there is possibility of better treatment at
Khammam hospital than at Kodad. He accepted that they go to
Khammam for all of their health needs. He denied that the health cards are valid at only Khammam. He denied that the hospital gives a counter file for the treatment. He did not submit any coun- ter file from the Police about the treatment given to his father at
Kodad hospital. The witness adds that his father is not out pa- tient. He is a dialysis patient. No OP chit is given. He does not know when the OP starts at Government hospital. He denied that he has the habit of consuming liquor. He denied that he is con- victed in drunk and drive case. He denied that Police took his Mo- tor cycle in drunk and drive case. He denied that he left his vehicle with the Police without paying fine in drunk and drive case. He denied that he filed a false case of theft by pawning his vehicle for 11
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad his domestic needs. He denied that he did not come to Kodad on that day for the dialysis of his father. He denied that he is deposing false.
In Chief Examination of PW-2, PW-2 stated that:-
26.He knows LW-6/Ch.Krishnareddy. He can identify the ac- cused. On 05-07-2024 while himself and LW-6 were present at town library near Masjid at around 7.30 hrs after their morning walk, Police where were present there called them and requested them to talk to the accused. They took the accused to a side away from the sight of Police and enquired him. He mentioned his name as Mamidi Gopi and that his native of
Huzurnagar. He also told that his family has a background of com- mitting thefts. There is a two wheeler bearing No.TS04ER0146 be- side him. He confessed that he committed theft of that vehicle on 23-06-2024 from the premises of Government hospital.
They reported the confession given by the accused to the Police.
The Police prepared the confession and seizure Panchanama in their presence. The accused also confessed that he is a repeat offender and committed many thefts. Some other Gold not relating to this case is also seized from the accused in their 12
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad presence. The confession and seizure Panchanama is marked as
Ex.P-2.
In Cross Examination of PW-2, PW-2 Stated that:
27.He denied that he is working at Kodad. He used to work at
Ratnadeep Super Market, Vijayawada. He is at Kodad for past 3 months. Generally, he drop his children at their School. His chil- dren do not study here. He denied that he was not present at Li- brary near Masjid at 7.30 hrs. He denied that the accused did not confess anything to him and nothing is seized from accused. He denied that he signed at the Police station. He denied that he does not belong to Kodad and that he belongs to Vijayawada. He denied that he cannot identify the accused. He denied that he does not know LW-6. He denied that he is deposing false.
In Chief examination of PW-3, PW-3 stated that:
He is working as Inspector of Police, PS Kodad Town from 23-06-2023. On 03-07-2024 at about 06:00 hours PW-1 came to
PS Kodad Town and lodged written complaint/Ex.P-1. Basing on the contents of Ex.P-1 he registered a case in crime No. 225/2024
U/s.379 of IPC and entrusted the case LW-9/SI of Police. The FIR is marked as Ex.P-3. LW-9/A. Ranjith recorded the statements of 13
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
PW-1 and LW-2/K. Mamatha then visited the scene of offence, se- cured presence of mediators LW-4/. S. Nageshwar Rao and LW- /P. Ravi and prepared the crime detail form duly incorporating a rough sketch of scene of offence. It is marked as Ex.P-4. LW-9 also recorded the statement of LW-3/R. Krishna on 05-07-2024 in the early morning hours when the LW-9 along with staff performing vehicle checking in gold shop enters they found the accused pro- ceeding on Splender plus bearing No. TS-04-ER-0146 in sus- picious manner towards bus station side from Ranga Theater side.
They stopped the bike and enquired the accused. The accused re- plied in suspicious manner. LW-9 took the accused into custody and enquired. The accused confessed his guilt in this crime and also five other crimes at various places. LW-9 secured the presence of panch witness LW-6 CH. Krishna Reddy and PW-
2. The accused confessed his guilt to the panch wit- nesses. The seizure is also done in this as well as in four other crimes. The accused is habituated to property offences and he is also convicted by this Court on two occasions previously in
CC No. 527/2019 and in CC No.528/2019 for the offences of
theft. The copies of Judgments were filed into the Court and they are marked as Ex.P-5 as a bunch. Basing on the investigation 14
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad done, it is established that the accused committed the theft and
LW-9 filed charge sheet into the Court on 16-07-2024.
In Cross Examination of PW-3, PW-3 Stated that:
28.He denied that there is a correction in the month on Ex.P-1. He accepted that there is one week gap between the theft and the report of the theft. He did not file any certificate regarding the fa- ther of the complainant that he is sugar patient. He did not file any admission chit issued by Kodad hospital into the Court. He accepted that father of the complainant is not made witness in this case. He is a dialysis patient. He denied that the com- plainant is accused in drunk and drive cases previously. He de- nied that the present case is based on falsity and that there is no relevancy of Ex.P-5. He accepted that the watchman Gov- ernment hospital, Kodad is made a witness in this case.
Witness adds that the watchman is responsible only for the vehicles parked in the parking area and not all the vehicles parked in the premises of hospital. He denied that the patient get treated only his native district and not in other districts. He denied that table investigation is done in this case and that the case is filed only for statistical purpose. He denied that he is deposing false.
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CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
In Chief examination of PW-4/ PW-4 stated that:
29.He knows LW-5/P. Ravi who is also an auto driver. On 03-07-2024 while they were plying their auto rickshaws for service, police called them near the Govt. hospital, Kodad. Police conducted the scene of offence of panchanama duly incorporating a rough sketch of scene of offence which is already marked as Ex.P-4. The witness identify the scene of offence correctly.
In Cross Examination of PW-4, PW-4 Stated that:
30.He accepted that PW-1 belongs to his neighboring village. He denied that they belong same panchayath. He denied that to ply auto rickshaw in Kodad that person should belongs to Kodad. He denied that he does not have membership of Kodad. He de- nied that he has membership only at Nelakondaplli. He denied that he signed on blank papers. He denied that he did not come
Kodad on that day. He does not know whether PW-1 also plies an auto rickshaw. He denied that they do their works and ply their auto only in their district and that do not come to Kodad. He de- nied that police did not conduct the scene of offence pan- chanama in our presence. He denied that he came deposed only for the sake of PW-1 who is colleague auto driver. He denied that 16
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad he is deposing at the behest of the police. He denied that he is deposing false.
31.In this case,with the evidence of PW-1, Ex.P-1 and MO-1 it is proved that the bike was subjected to theft. The evidence of PW-2 also supports the case of prosecution regarding conducting confession Pan- chanama and effecting seizure of MO-1 and other valuables in presence of PW-2 and LW-7. The Police conducted Confession and Seizure Pan- chanama. Therefore, being an independent panch witness for the Confession and Seizure Panchanama he has no ne- cessity to depose falsely about the conducting the Panchanama and ef- fecting the seizure by the police in his presence. The PW-2 categorically stated about the said fact in his chief examination. The evidence of PW-2 establishes that the accused admitted his guilt and the confession is further strengthened by the seizure of MO-1.
32.The evidence of PW-4 is about marking of CDF and rough sketch of scene of offence in the presence of PW-4 and LW-4. The Police conducted scene of offence Panchanama, made the CDF and drew rough sketch of scene of offence. Therefore, being an independent panch witness for Ex.P-4 he has no necessity to depose falsely about conducting Panchanama by the police in his presence, PW-4 categorically stated about the said fact in his chief examination. There- fore, the evidence of PW-4 can be taken into consideration to come to a 17
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad conclusion that scene of offence of panchanama happened and police did investigation at the scene of offence.
33.PW-3 is Investigating Officer who deposed about registering FIR, conducting scene of offence Panchanama, rough sketch, confession
Panchanama, seizure Panchanama, arrest of accused and filing charge sheet.
34.The entire evidence of PW-1 to PW-4 categorically shows that the accused herein committed theft of vehicle/MO-1. PW-2 who is panch witness for Confession as well as Seizure Panchanama explained the confession by the accused, PW-4 who is panch witness for scene of of- fence Panchanama clearly explained the CDF and drawing of rough sketch of scene of offence. Therefore, the evidence of PW-1 to PW-4 coupled with Ex.P-1 to Ex.P-5 and MO-1 is very much sufficient to come to a conclusion that the accused committed the theft of Vehicle. Hence, it can be said that the accused is liable for punishment under Section 379 of IPC.
35.In the light above discussion, this Court is of the opinion that the pros- ecution could establish the guilt of accused for the offences pun- ishable under Section 379 of IPC. Therefore, the accused is li- able to be convicted.
Quantum of sentence:-
36.The accused is native of Huzurnagar, Suryapet District. He stud- ied up to 05 th class. He is of 25 years of age. His parents died ten 18
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
years ago in an accident. He is married. He does Tyre Punc-
ture works. He has two children aged 3 years and 4 years to take
care of along with his wife. His wife is also lodged in Nalgonda
District Jail in theft case. The accused pleads that he will reform himself and does not commit thefts in future. But the accused is 25 years of age and hence he is not entitled to seek the benefits under Probation of Offenders Act or Section 360 Cr.P.C. However,
in view of the submission made by the convict that he is
willing to mend his ways, this court is inclined to
sentence him for the offences punishable U/s 379 IPC. Accord-
ingly he is sentenced to undergo imprisonment for a period of
Two years.
37.In the result, the accused is convicted U/s 271 (2) BNSS for the of- fences punishable U/s 379 of IPC and he is sentenced to undergo rigorous imprisonment for a period of Two years. The remand period of convict shall be given set off as per Section 428 Cr.P.C. The vehicle is already returned to the original owner as it is recovered and the non valuable material objects if any shall be destroyed after the appeal period. The other sentences if any shall run concurrently.
The convict is informed about his right to appeal before Hon’ble Ses- sions Court.
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CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad (Dictated to Stenographer typed by her at the computer and pronounced by me in the open Court on this the 15 th day of October, 2024.)
sd/-
PRL JUDICIAL MAGISTRATE OF FIRST CLASS
KODAD.
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CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
APPENDIX OF EVIDENCE
WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW-1 Kantu Uma Maheshwar Complainant. Rao
PW-2 Kamalla Stalin Panch for confessional panchanama of accused
PW-3 T. Ramu IO and filed charge sheet
PW-4 Nageshwar Rao Panch for CDF
WITNESSES EXAMINED ON BEHALF OF ACCUSED: -NIL-
EXHIBITS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P-1 Compliant.
Ex.P-2 The confession and seizure Panchanama
Ex.P-3 FIR
Ex.P-4 Crime detail form duly incorporating a rough sketch of scene of offence
Ex.P-5 The copies of Judgments were filed into the Court
EXHIBITS MARKED ON BEHALF OF THE ACCUSED:
-NIL-
MATERIAL OBJECTS MARKED:
MO-1 The vehicle is marked as MO-1
sd/-
PRL. JUDICIAL MAGISTRATE OF FIRST CLASS
KODAD.
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CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
CALENDAR AND JUDGMENT
IN THE COURT OF THE PRL.JUDICIAL FIRST CLASS MAGISTRATE: AT
KODAD
C.C No.705 of 2024
DATE OF DATE APPREHENSION RELEASED
THE OF OF ON
OFFENCE REPORT ACCUSED B A I L
23-06-2024 03-07-2024 05-07-2024 -
COMMENCEMENT CLOSURE DATE
OF OF OF
TRIAL TRIAL JUDGMENT
10-10-2024 15-10-2024 15-10-2024
NAME OF THE COMPLAINANT: Kantu Uma Maheshwar Rao
NAME OF THE ACCUSED : Mamidi Gopi
OFFENCE : Under Section 379 of IPC
FINDING OF THE COURT Found guilty
SENTENCE OR ORDER :In the result, the accused is convicted U/s 248 (2) Cr.P.C for the offences punishable U/s 379 of IPC and he is sentenced to undergo rigorous imprisonment for a period of Two years. The remand period of convict shall be given set off as per Sec- tion 428 Cr.P.C. The vehicle is already returned to the original owner as it is recovered and the non valuable material objects if any shall be destroyed after the appeal period. The other sentences if any shall run concurrently. The convict is informed about his right to appeal
before Hon’ble Sessions Court.
EXPLANATION FOR DELAY : No delay
sd/-
PRL.JUDICIAL MAGISTRATE OF FIRST CLASS
KODAD Submitted to:- The Hon’ble Chief Judicial Magistrate-cum Asst. Sessions Judge, Suryapet. Dis. No. /2024, dated :15-10-2024.
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CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
Dt.15-10-2024
CC No. 705 OF 2024
(The Judgment pronounced V.S.O.)
Accused is produced from Central Prison, Chenchalaguda. In the result, the accused is convicted U/s 248 (2) Cr.P.C for the of- fences punishable U/s 379 of IPC and he is sentenced to undergo rigorous im- prisonment for a period of Two years. The remand period of convict shall be given set off as per Section 428 Cr.P.C. The vehicle is already returned to the original owner as it is recovered and the non valuable material objects if any shall be destroyed after the appeal period. The other sentences if any shall run con- currently. The convict is informed about his right to appeal before Hon’ble Ses- sions Court.
sd/-
Prl.JCJ, Kodad.
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CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
FORM No.27
WARRANT OF COMMITMENT
ON SENTENCE OF IMPRISONMENT OR FINE OR BOTH
(Sec.245, 238 and 306 Cr.P.C.) IN THE PRL. JUDICIAL MAGISTRATE OF FIRST CLASS: KODAD (Dated this the 15th day of October, 2024)
C.C.NO. 705 OF 2024
Cr.No.225/2024 Police Station: Kodad Town To The Superintendent, District-Jail, Nalgonda
Whereas on the 15th day of October, 2024 the accused Mamidi Gopi S/o Late Nagaiah, Age 26 years, Caste: Mudiraj, Occ: Puncture shop R/o NSP Camp Colony, Huzurnagar Town, Suryapet District in CC. No.705 of 2024 on the file of the Prl. Judicial Magistrate of First Class, Kodad (Crime No.225/2024 of PS Kodad Town) and he is found guilty for the offences punishable under Section 379 of IPC and accordingly accused is convicted under Section 248(2) of Cr.P.C., and sentenced to undergo rigorous imprisonment for a period of Two years for the offence U/s 379 of IPC. The other sentences if any shall run concurrently. The convicted is detained in Judicial Custody during the remand or trial, as such the benefit of set off under Section 428 of Cr.P.C. is available to him. The convicted is appraised of his right to prefer an appeal on enquiry he stated that he have got sufficient means to prefer an appeal against this judgment.
This is to authorize and require you to receive the said convict into your custody in the said jail together with this warrant and to carry the aforesaid sentence into execution according to the law. *Diet
a)The diet to which the prisoner was accustomed according to him and custom
b)The diet recommended by the Sessions judge
c)Brief reasons if rice or wheat is recommended. II The distance from the prisoners residence to nearest railway station is______ Kms., the distance by road from nearest railway station and from the bus stand to the prisoners residence. The amount of bus fare is Rs. - And ( - ) miles. III)Details of the person prisoner 24
CC No.705 of 2024 - Offence U/s 379 of IPC
Prl.Judicial Magistrate of First Class Court, Kodad
PRL. JUDL. MAGISTRATE OF FIRST CLASS, KODAD
V) DESCRIPTIVE ROLL:
1. Name of the prisoner: Mamidi Gopi S/o,
2. Name of the father: Late Nagaiah
3. Sex, married or single: Male/married
4. Age: 25 years
5. Occu: Puncture Shop
6. Address: R/o NSP Colony, Huzurnagar Town, Suryapet District
7. Race and Religion: Indian –Hindu
8. Identification marks : A mole on the right hand shoulder ( Given under my hand and seal of this Court on this the 15th day of October, 2024. )
PRL. JUDL. MAGISTRATE OF FIRST CLASS, KODAD
Note: 1) The accused was in jail from 05-07-2024 till date (102 days)
2) The above remand period of accused if any shall be given set off as per Section 428 CRPC.