C.C.No.136/20141 Dated: 11112019
IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS:GAJAPATHINAGARAM
Present:- P.Nageswara Rao
Judicial Magistrate of First Class, Bobbil
FAC. Judicial Magistrate of First Class, Gajapathinagaram
Monday, this the 11th day of November , 2019
C.C.NO. 136/2014
Between:-
State Represented by Sub-Inspector of
Police, Gajapathinagaram Police Station. …… Complainant
And :
A1.Nowdu Kanaka Venkata Narasimhulu Naidu,
S/o late Satyanarayana, Age 53 years,
Assistant Engineer (Housing),
Gajapathinagaram, presently working as Deputy Executive Engineer (Housing),
Sabbavaram Sub Division, Visakhapatnam
Visakhapatnama District. R/O of D.No.4-14-43,
Peda Waltair , Visakhapatnam.
A2.Pallantala Subrahmanyam,
S/o P.S.V Kama Raju, 48 years,
M.I.C, presently working as
Asst. Engineer, Housing Corporation,,
O/o Project Director (H), Srikakulam,
R/o D.No.8-27-1A, Sainagar,
C.C.No.136/20142 Dated: 11112019
Thotapalem, Vizianagaram District.
A3. Kattoju Sundara Nanababu Achari,
S/o Satya Achari, Age 50 years,
Engineer (Housing ITI), Gajapathinagaram,
Presently working as A.E (Housing),
Dattirajeru mandal,Vizianagaram District.
A4. Valluru Appa Rao,
S/o Suribabu, Age 53 years,
Technical Work Inspector,
Presently working as Asst. Engineer (H),
Kurupam, Parvathipuram Division,
R/o Gembala Veedhi, Parvathipuram.
Vizianagaram District.
A5. Kenguva Narayana Appala Naidu,
S/o Suri, Age 30 years,
Outsourcing Work Inspector, (Terminated from Service),
R/o Kalamrajupeta Village,
Gajapathinagaram mandal,
Vizianagaram District.
A.6. Dola Venkata Mallikharjuna Rao,
S/o late Latchanna, 42 years,
M.P.D.O. & Mandal Housing Officer,
Presently working as MPDO, Nathavaram mandal,
Visakhapatnam District. R/o of Plot No.102,
Saidee Apartments, Sivajipalem,
C.C.No.136/20143 Dated: 11112019
Visakhapatnam District.
A7. Sunkari Chnnammalu, W/o Paidiraju,
Age 38 years, Vemali Village,
President of Sri Anjaneya VMACGS (Village Organization), Vemali Village.
Vizianagaram District.
A8.Koppala Annapurnamma, W/o Satyam,
Age 32 years, Vemali Village,Secretary of Sri Sai Anjaneya VMACGS (Village
Organization), Vemali Village,
Vizianagaram District.
A9. Byreddy Papalu W/o Rama Muirthy,
Age 45 years, Treasurer,
Vemali Village, Sri Sai Anjaneya VMACGS (Village Organisation), Vemali Village.
Vizianagaram District. ……Accused No. 1 to 9
This case came on 27-05-2019 for final hearing before me in the presence of Assistant Public Prosecutor for the prosecution and of K.Ashok Babu, Advocate
for the accused no. 1 to 4, 6 and K.Ramanaji, Advocate for accused no.5, 7 and 8,
and of U.Ramesh, Advocate for accused no.9 and upon hearing the arguments on both sides, the matter having stood over for consideration till this day, this Court delivered the following:-
JUDGMENT
1. The Inspector of Police of Gajapathiangaram Circle L.W.55. V.Chendra Sekhar has filed the charge sheet against the accused no.1 to 9 for the offenses punishable under sections 120-B, 467, 468, 477(A) and 409 r/w 34 of The Indian
C.C.No.136/20144 Dated: 11112019
Penal Code,1860.
2. The brief facts of the charge sheet are –-
That the Housing Corporation has sanctioned 255 houses vide G.O.Rt No.135,
dated: 23-07-2007 under Indiramma Housing colony Phase-II at Vemali village and
L.W.5.B.Appala Naidu has filed a complaint before Lokayukta in No.796/2009/B2 and in pursuance of the directions of Lokayukta , The Collector, Visakhapatnam has appointed L.W.3.O.Rammurthy to enquire into the fraud and he submitted report after conducting enquiry and the payment was released in 4 cases of joint houses, in 8 cases of old houses and one house to the beneficiary who too died two years back, to 3 beneficiaries on one house, and 1 beneficiaries without construction of house and the payment is released to the beneficiaries already covered under RPH 2004-2005 and 2005-2006 benami beneficiaries and on the old RPH 2004-05, 2005-2006 and to the beneficiaries whose husband were already sanctioned houses under RPH 2000-01 without following the norms set by the Government from time to time. During the course of investigation, L.W.12 to
L.W.49. Bodduru Satyavathi , Ippili Ramulamma , Ippili.Ramulappamma, Domana
Pydithalli, Koppala Papamma, Kilari Ramalakshmi , Korada Pydithalli, Burli
Seethamma , Koppala Laxmi , Korada Chellamma , Boni Pydamma , Bankapalli
Simhachalam , Tomala Appamma , Korada Suramma , Tompala Simhadri ,
Mallarapau Gairamma , Mallarapu Musalamma , Tompala Pydamma , Sunkari
Laxmi , Byreddy Ramanamma , Neelirothu Ramulamma , Neelirothu Rama laxmi,
Sunkari Santhamma, Sunkari Rajeswari , Byreddi Appayyamma , Sunkari
Ramanamma , Bonu Kanakaiah , Byreddi Adhilaxmi , Korada Appamma , Dasari
Laxmi, Punnapureddy Saraswathi , Bonu Gangamma , Mallarapu Eswara Rao,
Bonu Laxmi , Bonu Narayanamma , Palla Ramulamma , Palla Satyam , Koppala
Ramanamma, were examined and there statements disclosed that Accused no.1 to 9 approached them and obtained their thumb impression on various documents from time to time and got their photograph in the vacant site and also obtained
C.C.No.136/20145 Dated: 11112019 xerox copies of their ration cards but did not pay them any cash or other components like cement etc., and all the accused no.1 to 9 joined together in fabricating the documents like measurements book and also acquittance register without actually paying any amount to them and misappropriated the government funds entrusted to them. The amounts allegedly drawn on the basis of these fictitious documents are paid into the account numbers of self help group of
Accused no.7 to accused no.9 were shared by accused no.1 to 9 and the total amount misappropriated for an amount of Rs.9,59,550/- in respect of beneficiaries. All the accused conspired together to misaapropriate the governments funds allotted in the names of neneficiaries under Indiramma
Scheme by flouting all the norms, fudged measurements books, showed as if the houses are constructed , processed the files through accused no.1 to 6, issued cheques in the name of self help group of Vemali village which is the handmaid of
Accused no.7 to 9 and a case in Crime Number.20/2012 was registered, investigated into , arrested accused and after completion of investigation laid the charge sheet filed against the accused no.1 to 9 for the offences under sections 120-B, 467, 648, 477(A) and 409 r/w 34 of The Indiana Penal Code.
3. On perusal of record, cognizance is taken for the offences punishable under sections 120-B, 467, 468, 477(A) and 409 r/w 34 of The Indian Penal Code against the accused no.1 to 9 .
4. After appearance of the accused no.1 to 9 , they were furnished with the copies of case papers as required under section 207 of The Criminal Procedure
Code, 1973.
5. Then, accused no. 1 to 9 were examined under section 239 of The Criminal
Procedure Code,1973 and they denied guilty of offences. Hence, charges for the
C.C.No.136/20146 Dated: 11112019 offences punishable under sections 120-B, 467, 468, 477(A) and 409 r/w 34 of The
Indian Penal Code,1860, are framed and charges read over and explained to the accused no. 1 to 9 in Telugu language, whereupon they pleaded not guilty and claimed to be tried. Therefore, accused no.1 to 9 were sent up for trial.
6. During the course of trial, P.W.1 to P.W.44 were examined and Ex.P1 to P60 are marked for the prosecution and accordingly the prosecution side was closed.
7. Then accused no.1 to 9 were examined under section 313 of The Criminal
Procedure Code 1973 and incriminating materials in the prosecution evidence are explained to the accused no.1 to 9 and they denied the same as false.
8. When the accused no. 1 to 9 are questioned, they reported that no defence evidence and accordingly the defence side evidence was closed.
9. Heard the arguments of learned Assistant Public Prosecutor for the prosecution and the counsel for the accused no.1 to 9.
10. Now the point that arose for determination in the case on hand is whether the prosecution has proved the guilty of the accused no.1 to 9 for the offences punishable under sections 120-B, 467, 468, 477(A) and 409 r/w 34 of The Indian
Penal Code,1860, beyond all reasonable doubt or not “?
11. Point :
In the present case, P.W.1 is complainant and Project Director (Housing),
Vizianagaram and he deposed that in vemali village, 255 houses were sanctioned under Indiramma housing programme phase-II and out of said 255 houses, 148 houses have been grounded and they are in different stages and one person gave
C.C.No.136/20147 Dated: 11112019 a report to Lokayuktha, Hyderabad stating that irregularities committed in the constructions of Indiramma Housing Programme phase-II and then Lokayuktha has requested District Collector, Vizianagaram to conduct a detailed enquiry and then
District Collector has ordered for an enquiry by appointing O.Ramamurthy and then O.Ramamurthy has conducted a detailed enquiry and submitted his report to
District Collector, Vizianagaram by stating that an amount of Rs.9,59,550/- was misappropriated in indiramma Housing programme in-respect of 40 houses. P.W.1 also deposed that said O.Ramamurthy disclosed in his enquiry report that accused no.1 to 9 are responsible for releasing and distributing of irregular payments under Indiramma Housing Programme phase-II and then Rs.3,50,800/- was recovered from the ineligible beneficiaries and credited into the concerned account of the Government and then District Collector, Vizianagaram has ordered him to initiate criminal action against above said 9 persons and then he lodged a report before Gajapathinagaram Police Station on 17-03-2012.
12. In the cross-examination, P.W.1 admitted that alleged irregularities are in his knowledge prior to lodging of Ex.P1 report and that report to Lokayukta in the year,2019 was in his knowledge prior to lodging of Ex.P1 report and that he has no personal acquaintance with alleged irregularities except with enquiry report and other document. It is crystal clear from the admission of P.W.1 that he had knowledge about the alleged irregularities prior to lodging of Ex.P1 report as well as complaint at Lokayukata, but P.W.1 did not lodge any report against the accused no.1 to 9. Even, P.W.1 did not offer any proper explanation for his failure in lodging of report against the accused no.1 to 9 for alleged misappropriation prior to lodging of Ex.P1 report as well as complaint at Lokayukata. It is also proved from the admission of P.W.1 that he had no personal acquaintance with alleged irregularities except with enquiry report and other document. P.W.1 also admitted that he did not verify physically the construction of houses in this case
C.C.No.136/20148 Dated: 11112019 and there is no documentary evidence for appointment of accused no.6 as MHO.
The admission of P.W.1 also established that no documentary evidence for appointment of accused no.6 as MHO. Further, it is admitted fact that P.W.1 is only complainant in this case and he did not physically verify any construction of houses of beneficiaries and he did not examine any beneficiary of Indiramma
Housing Scheme about the alleged misappropriation of government funds. Hence, it is unsafe to come to conclusion that this accused no.1 to 9 have misappropriated government funds relating to Indiramma houses at Vemali village, in the absence of other reliable evidence.
13. Further, P.W.2 is Deputy Executive Engineer, Gajapathinagaram and he deposed that one person of Vemali village by name Appala Naidu went to
Lokayuktha on the allegations that Indiramma houses in page-2 was sanctioned to ineligible persons and then LW3.O.Ramamurthy was appointed as a special officer for conducting enquiry and then LW.3. O.Ramamurthy conducted enquiry and found that 29 persons are ineligible and submitted detailed report and then
District collector, Vizianagram instructed PW1 to lodged report and then PW1 directed him to hand over all concerned documents relating to this issue to SHO
Gajapathinagaram Police Station and then he handed over all concerned documents relating to this issue . P.W.2 admitted that he filed a letter before
Gajapathinagaram Police Station for showing that he handed over all concerned records to Gajapathinagaram Police Station and that he has acknowledgment for showing that he handed over all concerned records to Gajapathinagaram Police
Station and that P.W.1 instructed him in writing to hand over records to
Gajapathinagaram Police Station. The admission of P.W.2 makes it clear that P.W.2 has no written document for showing that he was directed by P.W.1 to submit records and then he had handed over all concerned records relating to this issue to Gajapathinagaram Police Station. P.W.2 also admitted that he has not
C.C.No.136/20149 Dated: 11112019 conducted any enquiry with regard to alleged misappropriation in this case.
P.W.2 did not depose that this accused no.1 to 9 have misappropriate said government funds and that he had handed over records relating to alleged misappropriation committed by this accused no.1 to 9 and that he also conducted inquiry with LW3.O.Ramamurthy with regard to alleged misappropriation. On the other hand, P.W.1 did not depose that he directed P.W.2 to handed over all concerned records relating to this case to Gajapathinagaram Police Station.
Hence, in the absence of any written document, it is impossible to believe the evidence of P.W.2 that he handed over all concerned records relating to this issue to Gajapathinagaram Police Station at the instruction of P.W.1. This court can not come to a conclusion that this accused no.1 to 9 have misappropriated
Government funds on the evidence of P.W.2 that LW.3. O.Ramamurthy conducted enquiry and found 29 persons are ineligible and submitted detailed report to
District Collector, Vizianagram
14. Further, P.W.3 is enquiry officer in this case and he deposed that he was appointed by District collector, Vizianagaram and he conducted enquiry by visiting
Vemali Village with regard to irregularities of construction of Indiramma houses and during his enquiry, he noticed various irregularities ie 1. Irregularities with regard to payment released on joint houses front and back, Number of houses are four and amount released is Rs.88,000/- and same is showing in annexure-1,
2. Irregularities with regard to payment released on old houses and Number of houses are 8 and amount released is Rs.1,89,800/- and same is showing in annexure-2, 3. Irregularities with regard to payment released to the beneficiary who died two years back and number of houses are 1 and amount released is
Rs.29,850/- and same is showing in annexure-3. P.W.3 also deposed that irregularities with regard to payment released to 3 beneficiaries on one house and number of houses are 3 and not eligible is one and amount released is
Rs.66,500/- and amount eligible Rs.23,600/- and same is showing in annexure-4 ,
C.C.No.136/201410 Dated: 11112019
5. Irregularities with regard to payment made without construction of houses,
Number of houses are 4 and amount released is Rs.76,200/- and same is showing in annexure-5, 6. Irregularities with regard to payment released to the beneficiaries who were covered under RPH 2004-05/2005-06, Number of houses are 7 and amount released is Rs.1,74,500/- and same is showing in annexure-6.
15. P.W.3 further deposed that irregularities with regard to payment released to the benami beneficiaries on the old RPH 2004-05/2005-06, Number of houses are 7 and amount released is Rs.1,75,600/- and same is showing in annexure-7 and Irregularities with regard to payment released to the beneficiaries who were covered under RPH 2000-01 and Number of houses are 12 and amount released is Rs.2,99,150/- and same is showing in annexure-8 and Irregularities with regard to beneficiaries repeated in list, Number of beneficiaries are 15 and same is showing in annexure-9 . P.W.3 further deposed that an amount of Rs.9,59,550/- was released and paid irregularity to the beneficiaries on 40 houses without following due procedure through VO-AC which results misappropriation of amounts and the assistant engineers, work inspectors, village organization, mandal housing officers who worked in Gajapathinagaram section during relevant period are responsible for the payments and there is a prima facie fraud established against said persons and accordingly he submitted enquiry report to the District collector Vizianagaram along with concerned documents.
16. In the cross-examination, P.W.3 admitted that he has secured documents through which accused no.1 to 4 and 6 have recommended to release amounts to the beneficiaries and that he has no document for showing that this accused no.1 to 4 and 6 have recommended department to release amount to the beneficiaries.
P.W.3 did not file any document for showing that this accused no.1 to 4 and 6 have recommended department to release amount to the beneficiaries. In such a case,
C.C.No.136/201411 Dated: 11112019 how P.W.3 could stated that this accused no.1 to 4 and 6 have misappropriated government funds as there was no document for showing that this accused no.1 to 4 and 6 have recommended department to release amount to the beneficiaries.
P.W.3 also admitted that he filed all the statements of beneficiaries along with
Ex.P7 inquiry report and that said statements of beneficiaries are not filed in this case. In the absence of statements of beneficiaries, it can not be said that all said beneficiaries have state to P.W.3 during inquiry that this accused no.1 to 9 have misappropriated government funds relating to Indiramma houses at Vemali village. P.W.3 also admitted that he did not collect any document for showing that accused no.1 to 4 and 6 are in duty at the time of alleged misappropriation. It is admitted fact that the prosecution did not file any document for establishing that this accused no.1 to 4 and 6 are in duty at the time of alleged misappropriation.
17. Further, P.W.3 also admitted that he did not mention in first page of Ex.P7 inquiry report about the documents that were perused and collected by him
before his inquiry for condicting inquiry and that he did not take any photographs
of any houses during his inquiry and that some of the houses are under construction by the time of his inquiry. The admission of P.W.3 clearly established that he did not peruse any documents with regard to alleged misappropriation
before starting his enquiry. A doubt arise in the evidence of P.W.3 that how he
could conducted inquiry without perusing any documents relating to alleged misappropriation before conducting inquiry. P.W.3 also did not take any photos of any houses of ant beneficiaries during his inquiry for showing the status of said houses as on the date of said inquiry. P.W.10 to P.W40 did not depose that P.W.3 had recorded their statements during inquiry and they have stated to P.W.3 that this accused no.1 to 9 have misappropriated government funds relating to
Indiramma houses at Vemali village. It is also admitted fact that P.W.3 did not collect any documents during his inquiry with regard to alleged misappropriation
C.C.No.136/201412 Dated: 11112019 of funds by this accused no.1 to 9 except conducting of inquiry. Without collecting any documents through which this accused no.1 to 9 have misappropriated government funds relating to Indiramma houses at Vemali village, it is impossible to come to a conclusion basing on Ex.P7 inquiry report alone that this accused no.1 to 9 have misappropriated government funds relating to Indiramma houses at Vemali village. Even, Ex.P7 inquiry report did not contain the statements of any beneficiaries with regard to alleged misappropriation.
18. Further, P.W.4 is a Deputy Executive Engineer (Housing),
Gajapathinagaram and deposed that he can not say the names of persons to whom sanction proceedings issued for allotment of Indiramma Houses and as per the record, 255 houses were sanctioned to the beneficiaries and 213 houses were constructed out of said 255 houses and based on the recommendation of MHO, payment shall be made to the groups at three levels and same shall be recorded by Assistant engineer and he do not know about the fraud committed by the accused in this case . Thereby , P.W.4 did not depose about the alleged misappropriation by this accused no.1 to 9. Then, learned APP has declared P.W.4 as hostile and cross-examined P.W.4. But, learned APP did not obtain any relevant material from the cross-examination of P.W.4 that this accused no.1 to 9 have misappropriated government funds. P.W.4 admitted that he has no personal knowledge about this case and he never visited Vemali village and he did not see any records relating to this case. The admission of P.W.4 established that he no personal knowledge about the alleged misappropriation. P.W.4 did not depose that this accused no.1 to 9 have misappropriate said government funds and that he also conducted inquiry with LW3. O.Ramamurthy with regard to alleged misappropriation. This court can not come to a conclusion that this accused no.1 to 9 have misappropriated Government funds on the evidence of P.W.4 that 255 houses were sanctioned to Vemali village and 213 houses were constructed out of
C.C.No.136/201413 Dated: 11112019 said 255 houses .
19.According to P.W.5, he deposed that he worked as a Surpanch for
Vemali village and at about 11 years back, he made a complaint to District collector, Vizianagaram and Lokayukta Hyderabad about the misappropriation of payments in Indiramma housing at Vemali village and the Government officers have misappropriated the Government funds though there was no construction of houses and he made a complaint against concerned housing authorities and PW3 conducted enquiry with regard to misappropriation of housing amounts and found fault on 9 persons and nearly Rs.9 lakhs was misappropriated by said 9 persons .
P.W.5 admitted that he has no personal knowledge about the payments and that beneficiaries did not give any report in writing to him about non payment for their houses. The admission of P.W.5 established that he no personal knowledge about the alleged misappropriation and no villager of Vemali complained to him about the alleged misappropriation. P.W.5 did not depose that this accused no.1 to 9 have misappropriate said government funds relating to Indiramma Houses . On other hand, the counsels for accused no.1 to 9 did not dispute with regard to lodging of complainant by P.W.5 at Lokayukta, Hyderabad. However, mere lodging of complainant by P.W.5 at Lokayukta, Hyderabad, does not mean that this accused no.1 to 9 have misappropriated Government funds.
20. Further, P.W.6 deposed that one Circle Inspector of Gajapathinagaram asked him for records relating to Indiramma housing scheme of Vemali village and he informed to CI of police that he has no records relating to said Vemali village and one Assistant Engineer by name KSNB Achari has said records and then he informed said KSNB Achari to hand over concerned records relating to
Indiramma housing scheme of Vamali village and then KSNB Achari handed over concerned records relating to Indiramma housing scheme of Vamali village. P.W.6 also deposed that there are three teems for mandal level for selecting
C.C.No.136/201414 Dated: 11112019 beneficiaries and one teem shall consist of MPDO, Secretary, work inspector ( housing) and another teem consist of Thasildar, secretary, VRO, work inspector (housing) and 3rd teem consist of MEO or other mandal level officer, VRO or secretary and said three teem shall visit villages and shall conduct survey about the eligibility for sanctioning houses and beneficiaries should possess white ration cards who residing in a vacant site or hut and photos of said site should be taken and list of beneficiaries should be prepared and then list shall be submitted to District collector through project director (Housing) and District collector issue sanction proceedings and as per the record, 255 houses were sanctioned to the beneficiaries and 213 houses were constructed out of said 255 houses and based on the recommendation of MHO, payment shall be made to the groups at three levels and same shall be recorded by Assistant engineer . Thereby , P.W.6 did not depose about the alleged misappropriation by this accused no.1 to 9. Then, learned APP has declared P.W.6 as hostile and cross-examined P.W.6. But, learned
APP did not obtain any relevant material from the cross-examination of P.W.6 that this accused no.1 to 9 have misappropriated government funds. Moreover, P.W.6 denied the suggestion put by learned APP that accused no.1 to 9 have misappropriated government amount of Rs.9,59,550 in Indiramma Housing
Program Page-2 of Vemali village . The evidence of P.W.6 is no way useful to the case of prosecution to prove the guilty of this accused no.1 to 9 for alleged misappropriation.
21. Further, P.W.7 deposed that one Nimmla Lingaraju had worked as MSCC in Indira Kranthi program and one S.Chinnammulu worked as a president,
K.Annapurnamma as a secretary, one B.Papalu as a treasurer for said Sri
Anjaneya village mutually aided co-operative grama sangam limited and AP housing corporation has transferred lakhs of Rupees to the Andra Bank account no.00002687 belongs to said sangam and the members of said sangam and
C.C.No.136/201415 Dated: 11112019 some of the officers of housing corporation have misappropriated Government funds relating to house scheme without giving said funds to beneficiaries and himself and one Lingaraju have handed over copies of Andra bank account, registration certificate, by-laws relating to said Sangam . P.W.7 admitted that he do not know alleged misappropriation details and he did not state to the police about the names of officers of AP Housing Corporation who alleged to have misappropriated Government funds and he do not know the transaction details relating to Andhra Bank Account Number.00002687 belongs to Sri Anjaneya village Mutually Aided Co-Operative Grama Sangam Limited. The admission of
P.W.7 is crystal clear that he do not know alleged misappropriation details and he did not state to the police about the names of officers of AP Housing Corporation who alleged to have misappropriated Government funds. It is admitted fact that
P.W.7 did not depose that said Nimmla Lingaraju, S.Chinnammulu ,
K.Annapurnamma and B.Papalu have misappropriated government funds. The evidence of P.W.7 is no way useful to the case of prosecution to prove the guilty of this accused no.1 to 9 for alleged misappropriation.
22. Further, P.W.8 deposed that as per the directions of District Collector,
Vizianagaram, PW.3 has conducted enquiry with regard to misappropriation of funds relating to Indiramma housing scheme of Vemali village and then he assisted PW3 in the process of said enquiry and PW3 called all the beneficiaries in the Indiramma housing scheme, village president, Gramikya sangam members and other village elders who are relating to this Indiramma housing scheme and requested them that he is going to conduct enquiry from door to door and PW.3 has collected entire details with regard to misappropriation of funds relating to
Indiramma housing schemes for vemali village and he assisted PW3 for two days for conducting enquiry at Vemali village. P.W.8 admitted that P.W.3 did not issue any written order to him to assist him to conduct inquiry and he do not know
C.C.No.136/201416 Dated: 11112019 whether P.W.3 has recorded separate statements of each beneficiary. The prosecution did not produce any piece of paper for showing that P.W.8 had assisted in the inquiry conducted by P.W.3. On the other hand, P.W.3 did not depose that P.W.8 also present with in the process of conducting of inquiry. The admission of P.W.3 proved that he had no knowledge about the recording of statements of beneficiaries by P.W.3. Moreover, P.W.3 did not depose that all the beneficiaries have stated to P.W.3 that this accused no.1 to 9 have misappropriated government funds.
23. Further, P.W.9 deposed that PW5 lodged complaint at Lokayukta,
Hyderabad about the misappropriation of funds relating to Indiramma page-2 housing scheme of Vemali village and then Lokayukta forwarded notices to the
Collector, Vizianagaram and then PW.3 was appointed as a enquiry officer and then PW3 conducted enquiry and submitted enquiry report to District collector by stating that there was a misappropriation of funds in 39 construction of houses and LW.10.YPS.Rani was directed by District collector to recover misappropriation funds nearly Rs.4,91,700/- from the concerned individual and then he was directed by LW.10.YPS Rani in said issue and then he went to Vemali village and conducted enquiry against nine persons i.e., Boni Narayanamma who is no more,
K.Appayyamma who is not belongs to Vemali village, Korada Suramma who paid
Rs.13,000/- already out of misappropriated amount of Rs.18,400/-, M. Musalamma who seeks time for payment, Boni Narayanamma who has to pay Rs.1150/- but she stated that she can not pay, Korada Chellamma who stated that she did not receive any cement packets but record shows that 20 cement packets given to her, Bonu Paidamma and Korada Appanna having no fixed properties for recoveries, B. Adilakshmi who left Vemali village . In the cross-examination, P.W.9 admitted that he was not directed by L.W.10.Y.P.S Rani in writing to conduct inquiry and for recovery of amount. A doubt arise in the evidence of P.W.9 that
C.C.No.136/201417 Dated: 11112019 how he could conducted inquiry and recovered alleged misappropriation amount in the absence of written proceedings. P.W.9 also admitted that he had no personal knowledge about lodging of complaint at Lokayukata and issuing of notices to District Collector, Vizianagaram and appointment of P.W.3 as inquiry officer and finding of P.W.3. The admission of P.W.3 clearly proved that he had no personal knowledge about finding of inquiry of P.W.3 with regard to this case and that he did not verify any order relating to recovery of alleged misappropriation amounts from the beneficiaries. It is unsafe to arrive a decision that this accused no.1 to 9 have misappropriated government funds relating to Indiramma Houses on the mere evidence of P.W.9 that he recovered amounts from beneficiaries.
24. Further, P.W.41 has registered the case and he deposed on 17.03.2012 at about 13.00 hours, he received a written report from P.W.1 and then he registered a case in Crime Number. 20/2012 for the offences under sections 120(B), 409, 477 (A) r/w 34 of Indian Penal Code, 1860. The evidence of P.W.41 has proved that he registered a case for the offences under sections 120(B), 409 and 477 (A) r/w 34 of The Indian Penal Code, 1860 based on the report of P.W.1.
However, it can not be said that this accused no.1 to 9 have misappropriated government funds on the mere evidence of P.W.1 that he registered a case based on the report of P.W.1. P.W.42 is investigation officer and he deposed that he submitted a letter to PW1 to submit enquiry report of PW3 and he received report from PW3 and then he examined and recorded statements of PW3, PW5,
PW8, PW6, LW8.G.Anadha Rao, PW7, LW.10.YP.SunilaRani, PW.10, PW11, PW12,
PW13, PW34 to PW38, LW21.K.Challamma, PW28, LW.38, B.Kanakayya, PW33,
LW40.K.Appamma, LW41.D.Lakshmi, PW.29, PW30, LW.44.M.Eswara rao, PW31,
PW32, PW39, LW48.P.Satyam , LW49.K.Ramanamma, and then he secured the bank statement of Anjaneya Velugu Mandala Samikya from Manager Andra Bank
KSR Puram and he also secured Photostat copies of letter containing signature of
C.C.No.136/201418 Dated: 11112019
PW7 and M.Linga Raju, Certificate of registration of Anjaneya Velugu mandala samikya, Rules and Regulations of Anjaneya Velugu Randala Ramikya from PW7.
P.W.42 also deposed that he obtained letter from LW10. YPS Rani regarding ROR
Act and he also obtained eight books of Indiramma housing schemes from PW6 and he obtained thumb impressions and signatures of 25 beneficiaries of
Indiramma Housing scheme in the presence of mediators under mediators report and he also obtained admitted signatures of accused no.7 and PW28 and two
Andra bank cheques, pension disperse list and he submitted a letter to FSL,
Hyderabad for comparison of signatures and thumb impressions of said 25 beneficiaries, accused no.7 and PW28 and he also sent a letter to FSL, Hyderabad for comparison of signatures and thumb impressions of said accused no.7 and
PW28 on Application form 32-column documentation beneficiary, form 30 beneficiary list-book no.1, VO acquaintance beneficiary.
25. Further, P.W.43 is another investigation officer and he deposed that he examined PW1, PW2, PW4 and recorded their statements and on 14.06.2012 accused no.1 to 4 and 6 obtained orders of anticipatory bail from Hon’ble Family
Court and he arrested accused no.1 to 4 and 6 on their surrender and released them on bail and he forwarded a letter to AP state housing corporation,
Vizianagaram for various records including enquiry report relating to this case.
When any criminal case is registered, if the accused surrendered before the investigation officer in said case, it does not mean that said accused has committed said offence on the ground that he surrendered in said case. This court can not come to a conclusion that this accused no.1 to 4 and 6 have misappropriated Government funds on the evidence of P.W.43 that he arrested the accused no.1 to 4 and 6 on their surrender and released them on bail. P.W.44 is another investigation officer and he deposed that he examined PW9 and recorded his statements under section 161 Cr.P.C and he received FSL report and PW.43 received finger print report of beneficiaries and he also filed some
C.C.No.136/201419 Dated: 11112019 documents along with his charge sheet and after completion of investigation he filed charge sheet against accused no.1 to 9 for the offences under sections 120(B), 467, 468, 467-A and 409 r/w 34 of The Indian Penal Code,1860. P.W.44 is only investigation officer and received some documents and filed charge sheet. It is unsafe to convict the accused no.1 to 9 based on the evidence of P.W.44 that he filed charge sheet in this case. Though, the evidence of P.W.42 has proved that he secured Ex.42 bank statement , obtained thumb impressions and signatures of 25 beneficiaries under Ex.43 mediators report and obtained admitted signatures of accused no.7 and P.W.28 on two Andhra Bank Cheques and Pension disperse list, but is can not be said that this accused no.1 to 9 have misappropriated government funds relating to Indiramma Houses based on Ex.42 to Ex.60.
26. It is the case of prosecution that accused no.1 to 9 have approached
P.W.10 to P.W.40 and obtained their thumb impression on various documents from time to time and got their photograph in the vacant site and also obtained xerox copies of their ration cards but did not pay them any cash or other components like cement etc., and all the accused no.1 to 9 joined together in fabricating the documents like measurements book and also acquittance register without actually paying any amount to P.W10 to P.W.40 and misappropriated the government funds entrusted to them. The prosecution has examined P.W. 10 to P.W.40 and all they deposed in their evidence that the government had sanctioned Indiramma Houses in their names at Vemali village and they constructed said houses on the funds supplied by government and they do not know whether accused no.1 to 9 have jointly misappropriated their amounts and police did not record their statements in this case. P.W.10 to P.W.40 did not depose in their evidence that Accused no.1 to 9 have approached them and obtained their thumb impressions on various documents from time to time and got their photographs in the vacant site and also obtained xerox copies of their ration cards but they did not pay them any cash or other components like cement etc. Hence P.W.10 to P.W.40 did not depose
C.C.No.136/201420 Dated: 11112019 any incriminating evidence against the accused no.1 to 9 about the misappropriation of government funds and they turned hostile to case of prosecution. Then learned A.P.P has declared P.W.10 to P.W.40 as hostile but he did not obtain any relevant material from the cross examination of P.W.10 to P.W.40 to establish that accused no.1 to 9 have approached P.W.10 to 4o and obtained their thumb impression on various documents from time to time and got their photograph in the vacant site and also obtained xerox copies of their ration cards but did not pay them any cash or other components like cement etc. and misappropriate government funds. By the afore said detailed discussions on material aspects, this Court is of the opinion that the prosecution has failed to produce sufficient evidence to prove that this accused no.1 to 9 have misappropriated government funds relating to Indiramma houses at Vemali village. Therefore, the accused no.1 to 9 are entitled for acquittal. Hence, this
Court felt that the prosecution has failed to prove the guilt of the accused no.1 to 9 for alleged charges, beyond all reasonable doubt. Hence, Point is answered against to the prosecution.
27. In the result, accused no.1 to 9 are found not guilty for the offences punishable under sections 120-B, 467, 468, 477(A) and 409 r/w 34 of The Indian
Penal Code, 1860. Hence, the accused no.1 to 9 are acquitted under section 248(1) of The Criminal Procedure Code,1973 for the offences punishable under sections 120-B, 467, 468, 477(A) and 409 r/w 34 of The Indian Penal Code,1860.
The Bail bonds of the accused no.1 to 9 shall stand canceled.
Typed by my personal assistant on my dictation, corrected and pronounced by me in the open Court on this the 11th day of November , 2019.
Sd/- P. NAGESWARA RAO,
Judicial Magistrate of First Class,
Bobbili
Judicial Magistrate of First Class,
Gajapathinagaram (FAC)
C.C.No.136/201421 Dated: 11112019
Appendix of Evidence
Witnesses Examined
For Prosecution :-
P.W.1: M.G.S.Prasad
P.W.2: M.Uma Maheswara Rao
P.W.3 : O.Ramamurthy.
P.W.4 : Jami Appala Raju.
P.W.5 : Baireddi Appala Naidu
P.W.6 : K.N.Srinivasa Rao
P.W.7: R.Srinivasa Rao
P.W.8: P.Srinivasa Rao
P.W.9: Hari Ramana Rao
P.W.10 B.Satyavathi.
P.W.11:I.Ramulamma
P.W.12: I.Ramulappamma.
P.W.13: D.Paidithalli.
P.W.14: Boni Paidamma.
P.W.15: B.Simhachalam.
P.W.16: T.Appamma.
P.W.17: T.Simhadri.
P.W.18: M.Gairamma.
P.W.19: M.Musalamma.
P.W.20: T.Paidamma.
P.W.21: S.Lakshmi.
C.C.No.136/201422 Dated: 11112019
P.W.22: B.Ramanamma.
P.W.23: N.Ramulamma.
P.W.24: N.Ramalakshmi.
P.W.25: S.Santhamma.
P.W.26: S.Rajeswari.
P.W.27: B.Appayamma.
P.W.28: S.Ramanamma.
P.W.29: P.Saraswathi.
P.W.30: B.Gangamma.
P.W.31: B.Lakshmi
P.W.32: B.Narayanamma.
P.W.33: B.Adilakshmi.
P.W.34: K.Papamma.
P.W.35: K.Ramalakshmi.
P.W.36: K.Paidithalli.
P.W.37: B.Seethamma.
P.W.38: K.Lakshmi.
P.W.39: P.Ramulappamma.
P.W.40: K.Suramma.
P.W.41: T.Kanthi Kumar.
P.W.42: M.Srinivasa Rao
P.W.43: D.Srihari Raju.
P.W.44: V.Chendra Sekhar.
For Defence : Nil
C.C.No.136/201423 Dated: 11112019
Exhibits Marked:
For Prosecution :
Ex.P1 : Report of P.W.1 dated: 17-03-2012 given to Gajapathiangaram P.S.
Ex.P2 : List of Beneficiaries in housing phase-II Indiramma village, Vemali.
Ex.P3 : Letter No.7/2012 /CC dated: 15-03-2012 issued by The Collector, Viianagaram to S.P, Vizianagaram.
Ex.P4 : Attested copy of Circular No.5630/APSHCL/ADM/General/2007 dated:
Ex.P5 : Attested copy of Circular No.5612/APSHCL/L and P/ Indiramma/2007
Ex.P6 : Proceedings of District Collector in RC.No.940/07/A1(2) dt:19-9-2007 along with the proforma.
Ex.P7 : Enquiry Report of P.W.3 Dated: 2-12-2009
Ex.P8 : Section 161 Cr.P.C statement of P.W.6, dated: 10-01-2013 .
Ex.P9 : Section 161 Cr.P.C statement of P.W.8, dated: 05-01-2013
Ex.P.10 : Section 161 Cr.P.C statement of P.W.10, dated: 15-03-2013 .
Ex.P.11 : Section 161 Cr.P.C statement of P.W.11, dated: 15.3.2013
Ex.P.12 : Section 161 Cr.P.C statement of P.W.12, dated: 15.03.2013
Ex.P.13 : Section 161 Cr.P.C statement of P.W.13, dated: 15-03-2013
Ex.P.14 : Section 161 Cr.P.C statement of P.W.14, dated: 15.03-2013 .
Ex.P.15 : Section 161 Cr.P.C statement of P.W.15, dated: 15.03-2013 .
Ex.P.16 : Section 161 Cr.P.C statement of P.W.16, dated: 15.03-2013 .
Ex.P.17 : Section 161 Cr.P.C statement of P.W.17, dated: 15.03-2013 .
Ex.P.18 : Section 161 Cr.P.C statement of P.W.18, dated: 15.03-2013 .
Ex.P.19 : Section 161 Cr.P.C statement of P.W.19, dated: 15.03-2013 .
Ex.P.20 : Section 161 Cr.P.C statement of P.W.20, dated: 15.03-2013 .
Ex.P.21 : Section 161 Cr.P.C statement of P.W.21, dated: 15.03-2013 .
C.C.No.136/201424 Dated: 11112019
Ex.P.22 : Section 161 Cr.P.C statement of P.W.22, dated: 15.03-2013 .
Ex.P.23 : Section 161 Cr.P.C statement of P.W.23, dated: 15.03-2013 .
Ex.P24 : Section 161 Cr.P.C statement of P.W.24, dated: 15.03-2013 .
Ex.P.25 : Section 161 Cr.P.C statement of P.W.25, dated: 15.03-2013 .
Ex.P.26 : Section 161 Cr.P.C statement of P.W.26, dated: 15.03-2013 .
Ex.P.27 : Section 161 Cr.P.C statement of P.W.27, dated: 15.03-2013 .
Ex.P.28 : Section 161 Cr.P.C statement of P.W.28, dated: 16.03-2013 .
Ex.P.29 : Section 161 Cr.P.C statement of P.W.29, dated: 20.04-2013 .
Ex.P.30 : Section 161 Cr.P.C statement of P.W.30, dated: 20.04-2013 .
Ex.P.31 : Section 161 Cr.P.C statement of P.W.31, dated: 25.04-2013 .
Ex.P.32 : Section 161 Cr.P.C statement of P.W.32, dated: 25.04-2013 .
Ex.P.33 : Section 161 Cr.P.C statement of P.W.33, dated: 25.04-2013 .
Ex.P.34 : Section 161 Cr.P.C statement of P.W.34, dated: 15.03-2013 .
Ex.P.35 : Section 161 Cr.P.C statement of P.W.35, dated: 15.03-2013 .
Ex.P.36 : Section 161 Cr.P.C statement of P.W.36, dated: 15.03-2013 .
Ex.P.37 : Section 161 Cr.P.C statement of P.W.37, dated: 15.03-2013 .
Ex.P.38 : Section 161 Cr.P.C statement of P.W.38, dated: 15.03-2013 .
Ex.P.39 : Section 161 Cr.P.C statement of P.W.39, dated: 25.04-2013 .
Ex.P.40 : Section 161 Cr.P.C statement of P.W.40, dated : 15.03-2013 .
Ex.P.41 : First Information Report in Crime No.20/2012, dated: 17-03-2012
Ex.P.42 : Bank statement of Anjaneya velugu mandala Samikya
Ex.P.43 : Mediators report dated: 23-03-2013
Ex.P.44 : FSL report dated: 28-10-2013
Ex.P.45 : Finger print report of 24 beneficiaries dated: 26.06.2013 (16 pages)
C.C.No.136/201425 Dated: 11112019
Ex.P.46 : WSHOP payments the beneficiaries through village organization of SHG-s dated: 19-07-2018.
Ex.P.47 : Important circular number: A1/5128/2008 dated: 13.08.2008.
Ex.P.48 : Important circular no:7411/Indiramma/page-3/2008 dt: 09-06-2008.
Ex.P.49 : Circular number A4/8136/2003 dated: 05-09-2008.
Ex.P.50 : Letter no.796/2009/B2/10337/2012, dated: 31-08-2012.
Ex.P.51 : Circular No.5612/APSHCL/E and P/ Indiramma /2007, dt. 09-10- 2007
Ex.P.52: Circular number 5630/APSHCL/ADM/General/2007 , dated: 20-09-07.
Ex.P.53 : GO RT No.135 dated: 23-07-2007 .
Ex.P.54 : Form-30 of beneficiaries register no. 1 to 9.
Ex.P.55: Resolution register of Anjaneya VMACGS limited, Vemali.
Ex.P.56: OIDM Books .
Ex.P.57 : MHO recommendation, Vemali village.
Ex.P.58 : VO acquittance's.
Ex.P.59: CRO copies of Vemali village Phase-II
Ex.P.60 : FTR and PRO Copies of Vemali Phase-II
For Defence : Nil
Material Objects Marked :
For Prosecution : Nil
Defence : Nil
Sd/- P. NAGESWARA RAO,
Judicial Magistrate of First Class,
Bobbili
Judicial Magistrate of First Class,
Gajapathinagaram (FAC)