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In the Court of the VI Addl. Sessions Judge, Anantapur at Gooty
Present: SMT. P. KAMALA DEVI, B. Com., B.L., Spl. Judge, SC/ST Court-cum-VIII Additional Sessions Judge, Ananthapuramu, FAC VI Addl. Sessions Judge, Anantapuramu at Gooty
FRIDAY, THE 30TH DAY OF AUGUST, 2019
Sessions Case No.384 of 2017
(PRC 10/2017Judl. First Class Magistrate, Tadipatri) [Cr.No.295 of 2016 of SHO of Tadipatri Town P.S]
Name of :Inspector of Police, Tadipatri Town P.S. complainant Crime No. and PS:Cr.No.295 of 2016 of Tadipatri Town P.S.
Name of accused:1.Baiggari Mallikarjuna Reddy, aged 28 years, S/o Siva Sankar Reddy, Reddy by caste, Cultivation, R/o D.No.1-660, near RTC Bus Stand, Tadipatri Town.
2.Baiggari Siva Sankar Reddy, aged 60 years, S/o Late Narayana Reddy, Reddy by caste, Cultivation, R/o D.No.1-660, near RTC Bus Stand, Tadipatri Town. Charges:U/s.302 r/w 34 IPC
Plea of accused:Not guilty.
Finding of Judge:Not guilty.
Order or Sentence:In the result, the accused A1 and A2 are found not guilty for the offence U/s.302 IPC and they are acquitted of said charges U/s 235(1) Cr.P.C. The bail bonds executed by accused and their sureties shall be in force for a period of 6 months. M.Os.1 to 5 and unmarked property if any shall be destroyed after appeal time is over.
Case conducted by:Sri M.V. Mahesh Kumar, Addl. Public Prosecutor, Gooty.
Accused defended :Sri G. Venkata Reddy and Sri G.Sreekanth byReddy, Advocates, Gooty.
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This case coming on 27.08.2019 for hearing before me and after hearing the counsel of both parties and having stood over for consideration till this day, this Court delivered the following:
J U D G M E N T
This case is filed by Inspector of Police, Tadipatri Urban P.S.
against the accused No.1 and 2 U/s.302 r/w 34 IPC in Cr.No.295/2016 of
Tadipatri Town P.S.
2.The brief averments of the charge sheet are as follows:-
The accused and the deceased Baiggari Raja Reddy are residents of Tadipatri Town. LW.1 B. Naresh Reddy @ Naresh is younger son of the deceased. The deceased and A2 are brothers and A1 is son of A2. Previously the deceased and A2 were resided combinedly under one roof. Later there ensured ill feelings in between the deceased and
A2. So, about 5 years back, both of them got separated and shared their properties equally and started to reside separately. But A2 got loss due to the digging of bore-wells in his lands. The deceased and his family members are well settled and so A2 is jealous on them. A2 used to quarrel with the deceased unnecessarily by creating troubles. To avoid the same, Lw1 started to live at Bangalore since one year and often he used to visit Tadipatri town to look after their properties. About five days back, Lw1 Naresh Reddy and deceased came to Tadipatri for seeing their properties and transactions and they are staying in their house.
While so on 23.10.2016 at about 6.00 hrs, the deceased had tea and came out side. Then A2 came to the deceased and quarreled with him and further threatened the deceased with dire consequences that he will kill him. On the same day at about 9.30 hrs, Lw1 Naresh
Reddy was standing near his house and at that time the deceased and 3
Lw7 Kuraba Lakshmi Narayana came down from the stairs. At the same time A1 and A2 were standing on the 1st floor top and then A2 handed over a big black boulder to A1 who dropped the same aiming on the deceased. The said boulder fell on the head of the deceased, due to which the deceased sustained bleeding injury over his head and fell down. Blood oozed from the mouth, ear and eyes of the deceased. Lw7
Kuruba Lakshmi Narayana and Lw8 Mallela Prabhakar witnessed the incident and shifted the deceased to Govt. Hospital, Tadipatri in an auto along with Lw1 Naresh Reddy. On the advise of the doctors Lw1 Naresh
Reddy was shifted the deceased to Govt. General Hospital,
Anantapuramu in 108 Ambulance and on the way, the deceased was died.
On 23.10.2016 at 15.30 hrs Lw19 G. Ramakrishna Reddy,
Inspector of Police has received death intimation from Govt. Hospital,
Tadipatri and at the same time Lw1 Naresh Reddy came to the Police station and gave written report. Then Lw19 Inspector of Police registered the case in Cr.No.295/2016 U/s 302 r/w 34 IPC and submitted
Express FIR copies to all concerned officers and took up investigation into the case.
Immediately Lw19 Inspector of Police visited Govt. Hospital,
Tadipatri and found the dead body of the deceased and rushed to the scene of offence and there secured the presence of two mediators and inspected the scene of offence in the presence of mediators and seized big black boulder at the scene of offence under cover of mahazarnama in the presence of mediators. LW19 has also photographed the scene of offence through Lw2 Dodlla Obulesu and also drawn the rough sketch.
Later, Lw19 Inspector of Police has secured the presence of
LWs 1 to 4 viz. B.NareshReddy, Dodlla Obulesu, Mallela Maruthi Kumar and N. Venu Gopal and examined them and recorded their statements.
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On 24.10.2016 Lw19 Inspector of Police has visited mortuary room,
Govt. General Hospital, Anantapuramu and secured the presence of
Lw1, Lw5 to Lw8, inquest panchayatdars and commenced inquest over the dead body of the deceased and concluded inquest by 10.00 hrs and forwarded the dead body of the deceased for autopsy. During the course of inquest, Lw19 has examined the dead body of the deceased.
Later Lw19 has visited the scene of offence and secured the presence of Lw9 A.Jagan Mohan and examined him and recorded his statement.
On 24.10.2016 Lw5 B. Ramesh Reddy has produced the blood stained shirt of the deceased and then Lw19 has observed the same and seized under cover of police proceedings and material objects were seized and submitted to the JFCM, Tadipatri, after that the same material forwarded to the RFSL, Tirupathi.
On 28.10.2016 at 12.30 pm, Lw19 has arrested accused 1 and 2 under cover of Mahazarnama in the presence of mediators and forwarded them to the Hon'ble Court for judicial custody.
Lw17 Dr. A. Pavan Kumar, Civil Asst. Surgeon, Govt. General
Hospital, Tadipatri has conducted autopsy over the dead body of the deceased and issued P.M.Report.
Lw18 Smt. K. Jaya Nagaraj, Scientific Asst., RFSL, Tirupathi has examined the material objects and issued report. After completion of investigation, Lw19 filed charge sheet.
3.Considering the material on record, the learned Judl. First
Class Magistrate, Tadipatritook the case on file u/s.302 r/w 34 IPC against accused No.1 and 2 as PRC No.10/2017 and furnished copies of documents on which prosecution proposed to rely, soon after the accused made their appearance and committed the case to the 5
Sessions Court, Anantapuramu by his order dated 23.08.2017 by
adopting procedure contemplated u/s 209 Cr.P.C. as the offence u/s.302
IPC is exclusively triable by this Court. The Sessions Court,
Anantapuramu numbered the case as S.C.384/2017 and made over the same to this Court.
4.On appearance of accused before this Court an opportunity was given to the prosecution and also defence to submit its version at the stage of framing charges. Considering the material on record after hearing the Additonal Public Prosecutor appearing for state and defence counsel charges U/s.302 IPC was framed against A1 and A2, read over and explained said charges to them in their language, for which accused pleaded not guilty and claimed to be tried.
5.During the course of trial, the prosecution examined PWs.1 to 16 besides marking Exs.P1 to P25 and MOs.1 to 5.
6.After closure of prosecution side evidence, the accused were examined u/s 313 Cr.P.C. putting incriminating material found against them in the evidence of prosecution witnesses for which they denied the same and reported no evidence on behalf of the accused.
7.Now the point for determination is, “Whether the prosecution proved the guilt against the accused for the offences U/s.302 IPC against A1 and A2 beyond all reasonable doubt?
8.Heard both sides and perused the record.
9.POINT:-P.W.1 who is no other than the eye witness cum son of the deceased, his version is as follows:- Since around 40 years his father and his senior paternal uncle happily resided together as a joint family and around five years back there was division of properties 6 between their two families. On 23.10.2016 he and his father came to
Tadipatri from Bangalore in respect of maintenance of their properties.
Both of them stayed in their Lodge by name Raja Lodge. At about 9.00 am he came down from the lodge to have some tea. While his father was getting down from the first floor, the Cuddapah slab which was at the slab fell accidentally on his head and then he sustained severe bleeding injuries. Then himself, Obulesu/Lw2 and Lakshmi
Narayana/Lw7 shifted him to Govt. Hospital, Tadipatri. Doctors at
Tadipatri advised him to take his father to Anantapuramu for better treatment. Therefore, he shifted him to 108 Ambulance and while they were in the transit his father died. While they were in the hospital police obtained his signature on some report and he does not know the contents of the said report. His signature on the report is marked as
Ex.P1. Police never examined him and recorded his statement. No inquest was conducted in his presence by the Inspector of Police,
Tadipatri.
10.Coming to the evidence of P.Ws.2, 4, 6 to 8, who are said to be other eye witnesses, their version is as follows:- On 23.10.2016 at about 9.30 am they heard some sound from the adjacent building i.e.
from Raja Lodge and they went there and found the father of the PW1 in pool of blood at the steps and then Pw1 and others who gathered there shifted him to hospital in an Auto. They further deposed that by the time they went there the blood was oozing out from the head since he fell down from the steps. After one hour or so he died. They further deposed that the accused were not there at the scene of offence. Police never examined them and recorded their statements. To their knowledge there was good relationship in between the family of Pw1 and the accused.
11.PW.3, who is the son of the deceased, his version is as follows:- On 23.10.2016 while he was at his in-laws house of Y.Kothapalli, 7 he came to know over telephone through his friend Nagendra stating that his father fell down from the steps and sustained bleeding head injury and he was taken to hospital etc., Immediately he started from his in-laws village and reached Tadipatri, his father was shifted into the
Ambulance to Anantapuramu for better treatment. When they reached
Singanamala Village, his father succumbed to injuries. They have no disputes with the family of the accused by the date of the incident and according to him they are not concerned with the death of his father.
Police never examined him and recorded his statement. No inquest was conducted in his presence.
12.PW.5, who is working as Manager in Raja Lodge, his version is as follows:- On 23.10.2016 at about 9.30 am while he was engaged in his duty he heard some sounds from the steps and found Raja Reddy fell down from the steps and sustained head injury, blood was also oozed out. Then himself, Pw1 and one Obulesu shifted him to Govt. Hospital,
Tadipatri in an Auto and thereafter as per doctors advice, they shifted him to Anantapuramu for better treatment. While they were on the way, Raja Reddy succumbed to injuries. The accused were not there at the scene of offence. Police never examined him and recorded his statement. There was good relationship in between the family of the
PW1 and the accused.
13.P.W.9 and P.W.10, who are said to be present at time of the seizure of boulder, they deposed that about 2 ½ years back, when they went to Tadipatri town PS, police people obtained their signatures on some documents and they did not accompany them anywhere. The signatures of them on the scene observation report are marked as
Exs.P10 and P11. The police have not seized any material objects in their presence and they did not observe any scene, but they simply obtained their signatures on some prepared report.
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14.P.W.11 to P.W.13, who are said to be inquest panchayatdars, their version is as follows:- Around 2 ½ years back police obtained their signatures on some documents. But nothing was taken place in their presence. Their signatures were marked as Exs.P12, P13 and P14.
15.P.W.14 and P.W.15, who are said to be mediators for arrest
Mahazarnama, their version is as follows:- Police people obtained their signatures on some report and they do not know the contents therein.
Their signatures were marked as Exs.P15 and P16.
16.At this stage, all the witnesses were declared hostile by the learned Addl. Public Prosecutor and they were cross-examined with the permission of the Court by the learned Addl. Public Prosecutor and 161
Cr.P.C. statements of P.Ws.1 to 8 were marked as Exs.P2 to P9 as they completely resiled from their earlier version stated before the police.
17.So as per the evidence of P.Ws.1 to 9, who are said to be direct eye witnesses, it makes clear that there are no disputes between the deceased and the accused family and the relationship between them is cordial and that accused were not present at the scene of offence and that the deceased died due to falling from the steps and sustained head injury. So their evidence itself falsifies the entire case of prosecution that A1 and A2 thrown a boulder on the head of the deceased with an intent to kill him due to family/property disputes between them. Moreover their evidence also falsifies the case of prosecution that there are family or property disputes between the accused and the deceased.
18.Coming to the evidence of PW.16, investigating officer, he categorically deposed that previously he worked as Inspector of Police,
Tadipatri Town P.S. On 23.10.2016 at about 15.30 hours while he was present in the P.S., he received death intimation of B. Raja Reddy 9 under Ex.P17 from Govt. Hospital, Tadipatri through Hospital Ward boy.
In mean time B. Naresh Reddy @ Naresh / Pw1 came to P.S. and presented a written complaint. Ex.P17 is written complaint of Pw1.
Ex.P18 is the death intimation of Raja Reddy from Govt. Hospital,
Tadipatri. Basing on the Ex.P17, he registered a case in Cr.No.295/2016
U/S 302 r/w 34 IPC. Ex.P19 is the original FIR. He submitted Express FIR to the Court and copies to the all concerned officials. Immediately he left the P.S., and rushed to Govt. Hospital along with Pw1 and staff and visited Mortuary room. There he found the dead body of B.Raja Reddy.
He deputed P.C. 2168 and 1540 to guard the dead body and left the hospital. Then he visited scene of offence which is situated near
APSRTC, Tadipatri Bus stand, in front of Raja Lodge, Kadapa Road,
Tadipatri. He served summons to the mediators i.e., PWs 9 and 10. He inspected the scene of offence and seized a big black boulder which is used for offence and also two pieces of Kadapa slabs which were found on ground in the presence of mediators under cover of Scene
Observation-cum-Seizure Mahazar. Ex.P20 is the said Mahazar. He also took the photographs of scene of offence through photographer. Ex.P21 is four photographs. There he secured the presence of Pws 1, 2, 6 and
Lw4 Venugopal and examined them and recorded their statements. As late in the night he could not move further investigation.
On 24.10.2016 he visited the mortuary room Govt. Hospital,
Tadipatri Town and served summons to the blood relatives of the deceased and mediators. He commenced inquest over the dead body of the deceased at 7.00 am. During course of inquest he examined the dead body and found injuries as noted in the inquest report. He instructed PC 2168 after postmortem exam to collect the deceased clothes and submit the same to me. During the inquest he examined 10
Pws 1, 3, 5, 7, Lw6 Nagalakshmamma examined them and recorded their statements. He concluded the inquest at about 10.00 am. All inquestdars and panchayatdars opined that the deceased Raja Reddy was murdered by his younger brother and son / A1 and A2 due to property disputes. Ex.P22 Inquest report. On the same day our constable 2584 Rama Mohan brought deceased black colour cotton
Pant, Green colour full drawer and handed over to him. Again he visited scene of offence and secured the presence of Pw8 and examined him and recorded his statement. Then he left the place and reached P.S. At about 5.30 pm, Pw3 came to the police station and handed over the blood stained shirt of the deceased. He seized the same under cover of
Police Proceedings. Ex.P23 is the Police proceedings dt.24.10.2016.
Mo.1 is small black stone piece with blood, Mo.2 black colour cotton pant, Mo.3 is green colour full drawer, Mo.4 is blood stained Shirt and
Mo.5 is one big black boulder. Mos. 1 to 4 were sent to RFSL for chemical analysis and report on 25.10.2016 through JFCM, Tadipatri.
On 28.10.2016 at 10.30 am, he received credible information about the accused. Immediately he collected mediators Pws 14 and 15 and rushed to R&B guest house, C.B. Road, Tadipatri Town along with my staff. There he found two persons passing towards Court side. On observing the police jeep, they tried to skulk away. Then he caught hold of them with the help of his staff. On his interrogation they disclosed their identity particulars and also confessed the offence. He arrested the accused under cover of Arrest Mahazar and on the same day he forwarded the both the accused to JFCM, Tadipatri along with remand report and proper escort for judicial remand. After obtaining P.M.
Certificate of the deceased and RFSL Report he filed charged sheet.
Ex.P24 is the P.M. Certificate received by him and Ex.P25 is the RFSL 11
Report received by him. Pws 1 to 9 stated before him as in Exs.P2 to
P10.
19.Though the investigating officer PW.16 deposed supporting the version of the prosecution, in the light of the evidence of all material eye witnesses along with official witnesses, I am of the view that it is not safe to solely rely or believe the evidence of PW.16.
20.In the light of above mentioned circumstances, I am of the view that the prosecution failed to prove the offence u/s.302 IPC against the accused 1 and 2 beyond all reasonable doubt. Hence I found that the accused are not guilty for the offence u/s.302 IPC. Accordingly, this point is answered.
21.In the result, the accused A1 and A2 are found not guilty for the offence U/s.302 IPC and they are acquitted of said charges U/s 235(1) Cr.P.C. The bail bonds executed by accused and their sureties shall be in force for a period of 6 months. M.Os.1 to 5 and unmarked property if any shall be destroyed after appeal time is over.
Dictated to the Stenographer and transcribed by him, corrected
and pronounced by me in open Court on this the 30th day of August, 2019.
Special Sessions Judge, for trial of SCs & STs Cases, Ananthapuramu, FAC VI Addl. Sessions Judge, Gooty.
APPENDIX OF EVIDENCE
Witnesses examined for
Prosecution: Defence:
P.W.1:B. Naresh Reddy - Nil -
P.W.2:D. Obulesu
P.W.3:B. Ramesh Reddy 12
P.W.4:N. Venugopal
P.W.5:K. Lakshminarayana
P.W.6:M. Maruthi Kumar
P.W.7:M. Prabhakar
P.W.8:A. Jagan Mohan
P.W.9:Shaik Shasha
P.W.10 :K.Raghunatha Reddy
P.W.11 :Y. Jagan Mohan Reddy
P.W.12 :B. Sreeramulu Reddy
P.W.13 :Syed Ahammed Basha
P.W.14 :P. Nagi Reddy
P.W.15 :Dodla Narayana
P.W.16 :G. Ramakrishna Reddy, C.I.
Exhibits marked for prosecution
Ex.P.1:Signature of Pw1 on report
Ex.P.2:161 Cr.P.C. Statement of Pw1
Ex.P.3:161 Cr.P.C. Statement of Pw2
Ex.P.4:161 Cr.P.C. Statement of Pw3
Ex.P.5:161 Cr.P.C. Statement of Pw4
Ex.P.6:161 Cr.P.C. Statement of Pw5
Ex.P.7:161 Cr.P.C. Statement of Pw6
Ex.P.8:161 Cr.P.C. Statement of Pw7
Ex.P.9:161 Cr.P.C. Statement of Pw8
Ex.P.10 :Signature of Pw9 on Scene Observation Report
Ex.P.11 :Signature of Pw10 on Scene Observation Report
Ex.P.12 :Signature of Pw11 on Inquest Report
Ex.P.13 :Signature of Pw12 on Inquest Report
Ex.P.14 :Signature of Pw13 on Inquest Report
Ex.P.15 :Signature of Pw14 on Confession Mahazar
Ex.P.16 :Signature of Pw15 on Confession Mahazar
Ex.P.17 :Written complaint of Pw1
Ex.P.18 :Death intimation
Ex.P.19 :Original F.I.R.
Ex.P.20 :Scene Observation Mahazar
Ex.P.21 :Four photographs
Ex.P.22 :Inquest Report
Ex.P.23 :Police Proceedings dt.24.10.2016 13
Ex.P.24 :P.M. Certificate
Ex.P.25 :RFSL Report
Exhibits marked for defence: Nil.
Mos. marked for prosecution:
M.O.1 : Small black stone piece with blood
M.O.2 : Black colour cotton pan
M.O.3 : Green colour full drawer
M.O.4 : Blood stained shirt
M.O.5 : One big black boulder.
FAC: VI A.S.J.