Smt. P .shirisha

1 of 8

CC.No. 689 of 2014

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT NARSAMPET

Monday, on this the 23rd day of May, 2022

Present:- Smt. P.Shirisha,

Judicial Magistrate of First Class,

Narsampet

C.C.No. 689 of 2014

Between:-

The State of Telangana through Sub-Inspector of Police, P.S Chennaraopet …Complainant

AND

A1 Shaik Ismail, S/o.Hyder, Age: 30 years, Muslim, Occ: AP 15X 2178 TATA ACE Goods Carrier Driver, R/o Nekkonda. A2 Challa Sripal Reddy, S/o.Venkat Reddy, Age: 38 years, Caste: Reddy, Occ: Business, R/o Nekkonda. A3 Gurram Sudharshan, S/o.Mallaiah, Age: 30 years, Gouda, R/o.Gajulagattu of Guduru Mandal. A4 Perala Surender, S/o.Mallaiah, Age: 26 yrs, Caste: Veluma, R/o.Gudur Village and Mandal. A5 Baireddy Srininvas Reddy, S/o.Venkatnarsimha Reddy, Age: 42 years, Caste: Reddy, R/o.Budharaopet of Khanapur Mandal. A6 Ilaboina Sammakka, W/o.Veeraiah, Age: 42 years, Caste: Koya, R/o.Gudur village and Mandal. A7 Bukya Venkanna, S/o.Hariya, Age: 32 years, Lambada, R/o Ayodhyapuram of Gudur Mandal. A8 Erupa Komuraiah, S/o.Muthaiah, Age: 35 years, Caste: Koya (ST), Occ: Agriculture, R/o.Govindapuram of Kothaguda (M). … Accused

This case is coming before me on 16.03.2022 for final hearing in the presence of learned APP for the State and Sri R.Laxminarayana, Advocate for A1 &A2, Sri K.Sanjay Kumar, Advocate for A3 to A8 and having stood over for consideration till this day, upon perusing the material on record this Court delivered the following:-

:: JUDGMENT ::

The Sub-Inspector of Police, P.S Chennaraopet has filed charge sheet against accused in Crime No.76/2014 for the offence u/Sec.34(a) of A.P Excise

Act.

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CC.No. 689 of 2014

2.The brief facts of the chargesheet are that on 26-03-2014 at 16.00 hours, PW.1-K.Vijaypaul Reddy along with the staff i.e., PW.2, LW.3/B.Balya,

LW.4/M.Sathish Kumar and Excise constables LW.5 to 7 went to patrolling duty at Jalli, Lingagiri, Surapalli villages at 17.00 hrs, when they reached to Ligagiri cross road, Tata Ace trolley vehicle bearing No.AP15X2178 with driver

Shaik Ismail(A1) was coming from Gudur side to Nekkonda side, when they stopped, they found whiskey bottles in the trolley without any permit, immediately PW.1 secured the presence of PW.3 and PW.4 and seized 6 cartons

Mc.Dowel No.1 diet mate each containing 12 bottles 750 ml totaling 72 bottles, 4 cartons of Mc.Dowel No.1 diet mate each containing 24 bottles total 96 bottles, officers choice 60 cartons each containing 48 bottles, under the cover of panchanama along with TATA ACE vehicle and also drawn samples for chemical examination. Later PW.1 lodged a report before PW.11/SI of Police,

Nekkonda. On the strength of panchanama, a crime was registered

U/Sec.34(a) of AP Excise Act and he issued FIR. During the course of examination PW.11 examined and recorded the statements of PW.1, PW.2, LW.3 to LW.7. On interrogation, Accused No.1 voluntarily confessed about the commission of offence and stated that he was eaking his livelihood by running

TATA Ace vehicle and A2 is the owner of seized IML bottles and A2 used to purchase them from wine shops of A6, A7 and A8 through Nowkarnamas A3,

A4 and A5 at Gudur. As usually on 26-03-2014 A2 purchased the IML bottles and A1 agreed to transport them to Nekkonda area.

On 21-04-2014 PW.11 rushed to Gudur and apprehended A3 to A5 at A4 wine shop Venkat Wines and they were interrogated in the presence of PW.5 and PW.10. They confessed that A2 who hails from Nekkonda has visited 3 of 8

CC.No. 689 of 2014

Sandhya Wines, Venkat Wines and Venkateshwara Wines and purchased huge quantity of IML bottle to sell in Nekkonda area to earn money and they further confessed that they sold the IML bottles to A2 without the knowledge of their owners and loaded in TATA Ace vehicle. They also stated that on the same day of registration of this case, the Sandhaya wines license was suspended by

Excise Department, he affected their arrest and sent him to Judicial Custody.

On 09-04-2014, A2 surrendered before Hon’ble Court on 02-06-2014

PW.11 apprehended A6 and interrogated in the presence of PW.6 and PW.7 and confessed that she sold IML bottles to A2 and loaded in TATA Ace vehicle.

On 12-06-2014 A7 also surrendered before the Hon’ble Court on 25-06-2014, PW.11 rushed to Gudur and apprehended A8 at his house and interrogated in the presence of mediators PW.8 and PW.9 and he also confessed that he was running Venkateshwara Wines and A2 visited his shop and purchased IML bottles and loaded in TATA Ace vehicle later on he was arrested and produced before Honble Court for Judicial remand. After completion of investigation PW.11 filed charge sheet against accused.

3.The Court took cognizance for the offence U/Sec 34(a) of AP

Excise Act against accused A1 to A8 and on appearance of the accused before the Court, copies of documents furnished to them as contemplated U/s.207

Cr.P.C., and they were examined u/S.239 of Cr.P.C., and charges framed for the offence U/Sec.34 (a) of AP Excise Act for which they pleaded not guilty and claimed to be tried.

4.To prove its case, prosecution examined PW.1 to PW.11 and got marked Ex.P1 to Ex.P23, the evidence of LW.3 to LW.7 given up by the prosecution.

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CC.No. 689 of 2014

5. After completion of prosecution evidence, accused were examined

U/Sec.313 Cr.P.C for which they denied and reported no defence evidence.

6. Now the point for consideration is:

"Whether the prosecution has proved the guilt of the accused for the

offence under Section 34(a) of AP Excise Act beyond all reasonable doubt?”

POINT:-

7.PW.1 is the ASI of Police Chenneraopet, he deposed that on 26-03-2014 at about 04.00 pm he along with staff PW.2, LW.3 to LW.7 went to

Suripalli village for patrolling duty and when they reached to Lingagiri village, they saw one TATA Ace vehicle bearing No.AP-15-X-2178 which is proceeding from Gudur to Nekkonda, they stopped the vehicle and found liquor bottles without having license, immediately they secured mediators PW.3 and

PW.4 and conducted confession and seizure panchanama and seized 6 cartons

Mc.Dowels No.1 diet mate each containing 12 bottles 750 ml totaling 72 bot- tles, 4 cartons of Mc.Dowels No.1 diet mate each containing 24 bottles total 96 bottles, officers choice 60 cartons each containing 48 bottles, total bottles 2880 and worth of Rs.3 lakhs. During the course of cross examination, he deposed that he did not examine independent witnesses at Lingagiri cross road and did not obtain photographs of scene of offence and they proceeded on motor cycle for patrolling duty.

8.PW.2 is the Head constable B.Devender Rao who accompanied

PW.1 deposed in the same lines and that of PW.1. During the course of cross examination he stated that they went in a jeep to scene of offence, he denied suggestion that no confession and seizure panchanama was conducted.

9.PW.3, PW.4 are the mediators of confession and seizure 5 of 8

CC.No. 689 of 2014

panchanama of Accused No.1 and Scene of offence completely turned hostile and deposed that they do not know accused and police obtained their signatures on some written papers, but they do not know its contents.

10.PW.5 and PW.10 are the mediators of confession panchanama of

A3 to A5 also turned hostile and deposed that they do not know accused and police obtained their signatures on some written papers but they do not know its contents.

11.PW.6 and PW.7 are the mediators of confession panchanama of A6 also turned hostile and deposed that they do not know accused and police obtained their signatures on some written papers but they do not know its contents.

12.PW.8 and PW.9 are the mediators of confession panchanama of A8 also turned hostile and deposed that they do not know accused and police obtained their signatures on some written papers, but they do not know its contents.

13.PW.11 is investigating officer deposed that, on 26-03-2014 he received report from PW.1 along with seized contraband and panchanama, basing on that he registered a case Cr.No.76/2014 U/Sec.34 (a) of AP Excise

Act and issued FIR and recorded the statements of PWs.1, 2 and LW.3 to LW.7.

and arrested the A1 on 26-03-2014. He also addressed a letter to Deport

Manager AP Beverages Corporation, Gundlasingaram basing on that the Excise

Superintendent suspended the license of Sandhya Wines and he apprehended the A3 to A5 at Venkat Wine Shop at Gudur and prepared confession panchanama of A3 to A5 in the presence of PW.5 and PW.10. He also recorded the confessional statements of A6 and A8 in the presence of mediators and 6 of 8

CC.No. 689 of 2014

effected their arrest. MO.1 is the 70 cartons of liquor and after collecting FSL report he filed chargesheet.

14.Perused the evidence on record the material witnesses Pw.3, Pw.4 the panchas for confession and seizure panchanama of A1 and also scene of offence, turned hostile did not support the prosecution case.

15.The mediators, for confession panchanama of A3 to A5, A6 & A8 i.e., PW.5 to PW.10 also turned hostile and did not support prosecution case.

The only evidence of police officials i.e., PWs.1, 2 and PW.11 is not enough to sustain the conviction of accused in the absence of other independent and corroborating evidence. There is no satisfactory evidence on record to prove that, accused have committed the offence. Therefore, the benefit of doubt goes to accused.

16.In the result, A1 to A8 are found not guilty for the offence

U/Sec.34(a) of A.P Excise Act and they are acquitted u/S.248(1) Cr.P.C. The bail bonds of the accused shall stand cancelled after appeal time. The S.H.O is directed to hand over the MO.1 to the Deputy Commissioner of Prohibition and

Excise, Warangal. The vehicle which was handed over to its owner Afzal Syed vide Criminal Petition No.7791/2014 by the Hon’ble High Court for interim custody shall holds good and final after expiry of appeal time.

(Typed to my dictation, corrected and pronounced by me in the open Court on this the 23rd day of May, 2022)

Sd/- P. Shirisha,

Judicial First Class Magistrate, Narsampet

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: PW1: K. Vijaypal Reddy/ Complainant. PW2: B. Devendar/ Subordinates of LW1.

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PW3: B. Ganesh / Panch for Confession and seizure panchanama of A1. PW4: M. Keshavulu/ Panch for Confession and seizure panchanama of A1. PW5: B. Ravi/ Panch for confession panchanama of A3 to A5. PW6: P. Venkanna/ Panch for confession panchanama of A6. PW7: Md. Habeed/ Panch for confession panchanama of A6. PW8: D. Srinivas Reddy/ Panch for confession panchanama of A8. PW9: K. Sadanandam/ Panch for confession panchanama of A8. PW10: V. Ravi/ Panch for confession panchanama of A3 to A5. PW11: A. Venkateshwar/ Investigating officer. For Defence: -Nil-

EXHIBITS MARKED

For Prosecution: Ex.P1 : Report of PW1 dated 26.03.2014. Ex.P2 : Confession and seizure panchanama dated 26.03.2014. Ex.P3 : Signature of PW3 on confession & seizure panchanama dated 26.03.2014. Ex.P4 : Signature of PW3 on Crime details form. Ex.P5 : Signature of PW4 on confession & seizure panchanama dated 26.03.2014. Ex.P6 : Signature of PW4 on Crime details form. Ex.P7 : Signature of PW5 on Confession panchanama of A3 to A5

dated 21.04.2014.

Ex.P8 : Signature of PW6 on Confession panchanama of A6 dated 02.06.2014. Ex.P9 : Signature of PW7 on confession panchanama of A6 dated 02.06.2014. Ex.P10: Signature of PW8 on confession panchanama of A8 dated 25.06.2014. Ex.P11: Signature of PW9 on confession panchanama of A8 dated 25.06.2014. Ex.P12: Signature of PW10 on Confession panchanama of A3 to A5

dated 21.04.2014.

Ex.P13: FIR dated 26.03.2014. Ex.P14: The letter addressed to Depot Manager, AP Bevarages Corporation Limited, Gundlasingaram, dated 17.04.2014. Ex.P15: Confession panchanama of A3 to A5 dated 21.04.2014. Ex.P16: Confession panchanama of A8 dated 25.06.2014. Ex.P17: Transport permit dated 22.02.2014. Ex.P18: Transport permit dated 28.02.2014. Ex.P19: Transport permit dated 26.02.2014. Ex.P20: Transport permit dated 28.02.2014. Ex.P21: Transport permit dated 26.02.2014. Ex.P22: Transport permit dated 28.02.2014. Ex.P23: FSL Report dated 06.05.2014.

For Defence: Nil Material Objects Marked : MO1: 70 cartons of Liquor bottles.

Sd/- P. Shirisha,

Judicial First Class Magistrate, Narsampet

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CC.No.19 of 2015

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT NARSAMPET

Friday, on this the 20th day of May, 2022

Present:- Smt. P.Shirisha,

Judicial Magistrate of First Class,

Narsampet

C.C.No.19 of 2015

Between:-

The State of Telangana through Sub-Inspector of Police, P.S Chennaraopet …Complainant

AND

A1 Kandika Raju @ Ravi, S/o.Kattaiah, Age: 29 years, Caste: Madiga, Occ: Kirana shop, R/o.Gundenga of Guduru Mandal. (Died, case against him is abated).

A3 Jatothu Jeevla, S/o.Varja, Age: 44 years, Caste: Lambada, Occ: Business, R/o.Gundlapahad of Nallabelly Mandal.

A4 Munjala Sreenivas, S/o.Yellaiah, Age: 32 years, Caste: Gouda, Occ: Nawkarnama at Geetha wines, Narsampet, R/o.Ashok Nagar of Khanapur Mandal. … Accused

This case is coming before me on this day for final hearing in the presence of learned APP for the State and Sri A.Srinivas, Advocate for accused No.1 and of Sri G.Ashok Kumar, Advocate for accused No.3 and 4 and having stood over for consideration till this day, upon perusing the material on record this Court delivered the following:-

:: JUDGMENT ::

The Sub-Inspector of Police, P.S Chennaraopet has filed charge sheet against accused No.1, 3, 4 in Crime No.97/2014 for the offence u/Sec.34(a) of

A.P Excise Act.

2.The brief facts of the prosecution case are that on 17.04.2014 at 11.30 hours, Ch.Dayakar (PW1) along with other police officials (flying squad team) reached Chennaraopet village outskirts, meanwhile one 3 wheeler TVS XL

Super bearing No.AP36 AB5893 was coming from Narsampet towards

Nekkonda with accused persons i.e., A1, A2 (Juvenile) along with one plastic 2 of 6

CC.No.19 of 2015

bag, on suspicion the flying squad team stopped the vehicle and checked the plastic bag, they found 2 cartons of officer choice quarter whisky bottles, each one containing 48 bottles 180 ML each, total 96 bottles without any documents.

Immediately they secured Kandika Sunil Kumar (PW2), Jangili Raju (PW3) as mediators and interrogated the accused where the accused A1, A2 (Juvenile) confessed the commission of offence and they seized 2 cartons of officer choice 180 ML bottles each containing 48 bottles, total 96 bottles worth Rs.8,160/- and also seized TVS XL three wheeler motorcycle bearing No.AP36 AB 5893 in the presence of above mediators under cover of panchanama. On receipt of the written information from PW1, Pw.6/A.Venkateswar, SI of Police registered a case in Cr.No.97/2014 for the offence u/sec.34(a) of AP Excise Act and issued

FIR and took up the investigation of this case.

3. During the course of investigation Pw.6 examined and recorded the statements of Pw.1, Pw.7, Lw.2 to Lw4 and arrested A1 and A2 (Juvenile) on 17.04.2014 and A3 and A4 on 12.06.2014 and produced them before the Court for judicial custody. Later, Pw.6 visited the scene of offence and conducted scene observation panchanama in the presence of mediators Pw.2 and Pw.3 drew rough sketch map of the scene. Dr.K.Sridhar/LW11, chemical examiner issued chemical analysis report. Pw.6 also filed requisition before Deputy

Commissioner of Prohibition and Excise for issuance of destruction orders of seized property. He filed the charge sheet against the accused Nos.1, 3, 4 after completion of investigation. A separate charge sheet was filed against A2 before the Juvenile Court.

4.The Court took cognizance against A1, A3 and A4 for the offence U/Sec 34(a) of AP Excise Act, 1968 and on appearance of the accused before the

Court, copies of documents furnished to them as contemplated U/s.207 Cr.P.C., 3 of 6

CC.No.19 of 2015

and accused No.1, 3, 4 were examined u/S.239 of Cr.P.C., charge framed U/Sec 34(a) of A.P Excise Act, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried. Subsequently Death Certificate of A1 is filed, hence case against A1 is abated.

5.To prove its case, prosecution examined PW1 to PW7 and got marked

Exs.P-1 to P-10 and MOs.1 and 2. The APP has given up the evidence of LW2/

G.Venkanna, HC, LW3/A.Krishna, PC, LW4/M.Kumaraswamy PC and LW11/

Dr.K.Sridhar.

6. After closure of prosecution evidence, the accused No.3 and 4 were examined U/s.313 Cr.P.C. for the incriminating material appearing against them and they denied the same and reported no defence evidence.

7. Now the point for determination is:

"Whether the prosecution has proved the guilt of the accused No.3 and

4 for the offence under Section 34(a) of AP Excise Act, 1968 beyond all

reasonable doubt?”

POINT:-

8. PW2 and PW3 are the panch witnesses for scene of offene confes- sion and seizure panchanama of A1 and PW4 and PW5 are the panchas for con- fession panchanama of A3 and A4 completely turned hostile and deposed that

Police Chennaraopet obtained their signatures on some written documents, but they do not know its contents.

9.PW1 is the defacto complainant deposed that he was appointed as flying squad in connection with General Elections 2014 for Nekkonda and

Chennaraopet Mandal. On 17.04.2014 he along with LW2 to LW4 and Pw.7 were proceeding from Narsampet to Nekkonda, at the outskirts of the Chen- naraopet, they noticed that a disabled person was riding three wheeler TVS Ex- 4 of 6

CC.No.19 of 2015

cel vehicle and a boy as pillion rider holding urea bag. On suspicious circum- stances, they stopped the said vehicle and opened the said bag and found 2 car- tons of officer choice whisky bottle each 180 ML and seized the same under confession and seizure panchanama in the presene of PW.2 and Pw.3. During the cross examination he deposed that he has not filed any document in connec- tion with appiontment of flying squard in General Elections 2014. He has not filed duty certificate pertaining to the date 17.04.2014. He cannot say the batch number of the seized contraband. Pw.7 (PC) also deposed in the same lines as that of Pw.1 and admitted in the cross that they did not lift any samples.

10.PW6 Investigating Officer deposed that he registered the case, iss- sued FIR, recorded the statements of Pw.1, Pw.7, Lw.2 to Lw.4 and visited the scene of offence in the presence of Pw.2 & Pw.3. Subsequently he received chemical analysis report (EX.P10) and after completion of investigation, he filed charge sheet.

11. Perused the evidence on record. The material witnesses i.e., PW2,

PW3, panch witnesses for crime details form and confession and seizure pan- chanama of A1, PW4, PW5 panch witnesses for confession panchanama of A3 and A4 completely turned hostile and did not support the prosecution case. The remaining evidence is that of official witnesses, whose evidence is not enough to sustain the conviction of accused in the absence of other independent and corroborating evidence. Hence, accused No.3 and 4 are entitled for benefit of doubt. Accordingly, they are acquitted.

12.IN THE RESULT, the accused No.3 and 4 are found not guilty for the offence U/Sec.34(a) of A.P Excise Act and they are acquitted of the same u/Sec.248(1) Cr.P.C. The bail bonds of the accused shall stand cancelled after 5 of 6

CC.No.19 of 2015

appeal time. MO.1 shall be returned to its owner. MO.2 shall be destroyed after expiry of appeal time.

(Typed to my dictation by stenographer, corrected and pronounced by me in the open Court on this the 20th day of May, 2022)

Sd/- P. Shirisha,

Judicial First Class Magistrate, Narsampet.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: PW1: Ch.Dayakar/Complainant PW2: K.Sunil Kumar/Panch witness for confession & seizure panchanama. PW3: J.Raju/Panch witness for confession & seizure panchanama. PW4: S.Gopi/Panch witness for confession panchanama. PW5: Ch.Narayana/Panch witness for confession panchanama. PW6: A.Venkateshwarlu/SI of Police. PW7: T.Ramesh/Police Constable. For Defence: None

EXHIBITS MARKED

For Prosecution: Ex.P1 : Confession and seizure panchanama dated 17.04.2014. Ex.P2 : Report, dated 17.04.2014. Ex.P3 : Signature of PW2 on crime details form. Ex.P4 : Signature of PW3 on crime details form. Ex.P5 : Signature of PW4 on confession panchanama dt.12.06.2014. Ex.P6 : Signature of PW5 on confession panchanama dt.12.06.2014. Ex.P7 : FIR. Ex.P8 : C.D.F. Ex.P9 : Confessional panchanama of A3 & A4 Ex.P10 : Chemical Analysis report.

For Defence: Nil Material Objects Marked: MO1: TVS Excel bearing No.AP36 AB 5893 MO2: 96 Officer Choice bottles.

Sd/- P. Shirisha,

Judicial First Class Magistrate, Narsampet.

1 of 6

CC.No.744 of 2014

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT NARSAMPET

Monday, on this the 23rd day of May, 2022

Present:- Smt. P.Shirisha,

Judicial Magistrate of First Class,

Narsampet

C.C.No.744 of 2014

Between:-

The State of Telangana through Sub-Inspector of Police, P.S Nekkonda …Complainant

AND

Adepu Srinivas, S/o.Ramulu, 38 years, Padmashali, Kiranaa Shop, R/o.Appalraopet Village. … Accused

This case is coming before me on 06.05.2022 for final hearing in the presence of learned APP for the State and Sri R.Laxminarayana, Advocate for accused and having stood over for consideration till this day, upon perusing the material on record this Court delivered the following:-

:: JUDGMENT ::

The Sub-Inspector of Police, P.S Nekkonda has filed charge sheet against accused in Crime No.100/2014 for the offence u/Sec.34(a) of A.P Excise Act.

2.The brief facts of the prosecution case are that on 17.04.2014 at 1700 hours, P.Sudharshan/PW5 along with P.Madhusudhan/PW4,

M.Sudharshan PC/LW3, P.Seetharamaraju PC/LW4 left the P.S for patrolling at 1730 hours they reached Appalraopet village, in front of the house of Adepu

Srinivas (accused), on seeing the police party some persons who were having liquor fled away. They noticed some body was running a belt shop in the said house. Immediately, secured the presence of two mediators Vadde Venu

Gopal/PW1 and Martha Kumara Swamy/PW2 and enquired the matter. On enquiry, the police party came to know that Adepu Srinivas (accused) was 2 of 6

CC.No.744 of 2014

running Belt Shop without any valid licence and permission from Government authority. PW5 conducted panchanama and seized OC Quarters-51, OC full bottles-2 and Grand Duck whisky half bottle-1 and drawn samples and sent the same for chemical analysis, under cover of panchanama in the presence of mediators. On receipt of the written information from PW5, B.Indraiah, Head

Constable/LW10 registered a case in Cr.No.100/2014 for the offence u/sec.34(a) of A.P Excise Act and issued FIR and took up the investigation of this case.

Subsequently, B.Anna Rao, ASI of Police/LW11 took up the investigation.

During the course of investigation, B.Anna Rao, ASI/LW11 examined and recorded the statements of PW4, PW5, M.Sudharshan PC/LW3,

P.Seetharamaraju PC/LW4. Later, he visited the scene of offence and conducted the scene of offence panchanama in the presence of Raineni Rajesham/PW3 and

Gosula Vijender/LW8. On 19.04.2014 the accused was surrendered before the

B.Anna Rao, ASI/LW11. On interrogation, the accused voluntarily confessed to have committed this offence. Later, the accused was produced before the Court for judicial custody. The preserved samples forwarded to the chemical examiner for examination and report. Subsequently, M.Mithun, SI of Police/LW12 took up further investigation of this case. K.Sridevi, Govt. Chemical Examiner/LW9 has issued report stating the samples Sl.No.21180 contains alcohol, which is

Indian liquor. LW12/S.I of Police filed the charge sheet against the accused, after completion of investigation.

3.The Court took cognizance for the offence U/Sec.34(a) of A.P

Excise Act and on appearance of the accused before the Court, copies of documents furnished to him as contemplated U/s.207 Cr.P.C., charges framed u/Sec.34(a) of A.P. Excise Act, read over and explained to him in Telugu, for 3 of 6

CC.No.744 of 2014

which he pleaded not guilty and claimed to be tried.

4.To prove its case, prosecution examined PW1 to PW5 and got marked Exs.P-1 to P-5. The APP has given up the evidence of M.Sudharshan

PC/LW3 and P.Seetharamaraju PC/LW4. The remaining evidence was closed by the Court as prosecution failed to produce the witnesses even after granting sufficient time.

5. After closure of prosecution evidence, the accused was examined

U/Sec.313 Cr.P.C. for the incriminating material appearing against him and he denied the same and reported no defence evidence.

6. Now the point for consideration is:

"Whether the prosecution has proved the guilt of the accused for the

offence under Section 34(a) of AP Excise Act, beyond all reasonable doubt?”

POINT:-

7. PW1 and PW2 are the panch witnessess for seizure panchanama and PW3 is the panch witness for crime details form turned hostile and deposed that they do not know anything about the this case and about 5 years back, when they went to Police Station, Nekkonda on their personal work, Police ob- tained their signatures on some written papers, but they do not know what was written on it.

8.PW4 deposed that on 17.04.2014 at about 5.00 p.m. he along with PW5 and staff, M.Sudharshan/LW3, P.Seetharamaraju/LW4 were on patrolling duty and they reached Appalraopet Village at about 5.30 p.m, on seeing them one person fled away. On suspicion, they enquired about the absconded person from PWs 1 and 2 and came to know the particulars of accused. They searched the house of accused and found one whisky bottle, O.C quarter bottles 4 of 6

CC.No.744 of 2014

31, full bottles 2, in number. He further deposed that, PW5 conducted seizure panchanama in the presence of PW1 and PW2 and drawn samples from above said contraband and affixed panch chits under cover of panchanama.

Thereafter, PW5 lodged report enclosing panchanama. During the course of cross examination, he deposed that he did not collect the house particulars of the accused. He cannot say the serial number and batch number of seized contraband.

9.PW5 is the defacto complainant deposed that on 17.04.2014 he went to patrolling at 5.00 p.m. along with PW4, LW3/Sudharshan,

LW4/Seetaramaraju at Appalraopet and came in front of house of the accused and on seeing them, some persons ran away. They noticed that a belt shop was being run in the said house. Immediately, he secured the presence of PW1,

PW2 and conducted seizure panchanama in their presence by seizing 51 OC quarter bottles, 2 OC full bottles and 1 Grand Duck Whiskey ½ bottle and later he drawn samples from the seized liquor in the presence of same panchas for chemical examination. Thereafter, he brought the seized property contraband to the Police Station and lodged a report (Ex.P5).

10.Perused the evidence on record. The material witnesses i.e., PW1,

PW2, panch witness for seizure panchanama and PW3 panch witness for scene of offence completely turned hostile and did not support the prosecution case.

Upon perusing the cross examination of PWs 1 to 3, nothing was elicited in favour of prosecution. The remaining evidence is that of Police officials, whose evidence is not enough to sustain the conviction of accused in the ab- sence of other independent and corroborating evidence. Hence, accused is enti- tled for benefit of doubt. Accordingly, he is acquitted.

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CC.No.744 of 2014

11.IN THE RESULT, the accused is found not guilty for the offence

U/Sec.34(a) of A.P Excise Act and he is acquitted u/Sec.248(1) Cr.P.C. The bail bonds of the accused shall stand cancelled after appeal time.

(Typed to my dictation by stenographer, corrected and pronounced by me in the open Court on this the 23rd day of May, 2022)

Sd/- P. Shirisha,

Judicial First Class Magistrate, Narsampet.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: PW1: V.Venugopal/Panch witness for seizure panchanama. PW2: M.Kumara Swamy/Panch witness for seizure panchanama. PW3: R.Rajesham/Panch witness for scene of offence panchanama. PW4: P.Madhusudhan/PC. PW5: P.Sudharshan/Defacto Complainant/ HC.

For Defence: None

EXHIBITS MARKED

For Prosecution: Ex.P1 : Signature of PW1 on seizure panchanama. Ex.P2 : Signature of PW2 on seizure panchanama. Ex.P3 : Signature of PW3 on crime details form. Ex.P4 : Seizure panchanama dt.17.04.2014. Ex.P5 : Report, dt.17.04.2014.

For Defence: Nil

Material Objects Marked: Nil

Sd/- P. Shirisha,

Judicial First Class Magistrate, Narsampet.

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CC.No.149 of 2012

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT NARSAMPET

Monday, on this the 23rd day of May, 2022

Present:- Smt. P.Shirisha,

Judicial Magistrate of First Class,

Narsampet

C.C.No.149 of 2012

Between:-

The State of Telangana through Inspector of Police-I, P.S Narsampet. …Complainant

AND

A1 Thadem Sammaiah, S/o.Lachaiah, 34 years, Mudiraj, Occ: Agril, R/o.Indiramma Colony of Sarwapuram village. A2 Ernagai Mallaiah, S/o.Dudaiah, Age: 43 years, Caste: Golla, Occ: Coolie, R/o.Sarwapuram village. A3 Kongara Bixapathi, S/o.Uppalaiah, 37 years, Madiga, Occ: Agril, R/o.Sarwapuram village. A4 Jannu Sambaiah, S/o.Jampaiah, 38 years, Madiga, Occ: Agril, Occ: Driver, R/o.Sarwapuram village. A5 Muthyala Sarangam, S/o.Narsaiah, Age: 30 years, Caste” Mudiraj, Occ: Driver, R/o.Papaiahpet village of Chennaraopet Mandal, now at Sarwapuram village. … Accused

This case is coming before me on this day for final hearing on 06.05.2022 in the presence of learned APP for the State and Sri G.Ashok Kumar, Advocate for accused and having stood over for consideration till this day, upon perusing the material on record this Court delivered the following:-

:: JUDGMENT ::

The Inspector of Police-I, P.S Narsampet has filed charge sheet against accused No.1 to 5 in Crime No.244/2011 for the offence u/Sec.379 IPC, Sec.29 of A.P Forest Act-1967 and Sec.181 and 192(1) of M.V. Act.

2.The brief facts of the prosecution case are that on 25.12.2011 at 645 hours, PW1 (G.Sreedevi) S.I of Police along with her staff PW2 (M.Laxman), PW3 (N.Ravi), LW3/K.Bhasker PC, LW5/A.Uma Shanker HG were conducting vehicle checking near Kamalapur X road, Mallampally road, on suspicion they checked one DCM Van bearing No.AP 09U 1741 and found a 2 of 5

CC.No.149 of 2012

load of Bijasal wood covered with Unaka bags. Immediately, they apprehended the accused and taken them into custody with loaded DCM Van under a cover of confession and seizure panchanama. On receipt of the written information from

PW1, LW8/V.Balu Jadav, Inspector of Police, registered a case in

Cr.No.244/2011 U/Sec.379 IPC, Sec.29 of Forest Act, 1967, Secs.181 and 192(1) of M.V. Act and issued FIR and took up the investigation of this case.

During the course of investigation, the accused No.1 to 5 confessed that they were doing illegal wood transporting business since last 2 to 3 years and supplied the same in various sawmills in the Narsampet and Warangal for gaining money. Accordingly, they went to Dubbagudem village of Kothaguda

Mandal and met with Koya people and asked to provide Bijasal wood on low price. On 23.12.2011 they paid Rs.30,000/- to Koya people and loaded Bijasal wood in DCM Van and while they were returning, they were caught by police.

Later, he examined and recorded the statements of PW2, PW3, LW3 and LW5 and affected the arrest of the accused and they were remanded to judicial custody on 26.12.2011. He filed the charge sheet against the accused Nos.1 to 5, after completion of investigation.

3.The Court took cognizance for the offence U/Sec.379 IPC, Sec.29 of A.P. Forest Act, Secs.181 and 192(1) of M.V. Act and on appearance of the accused before the Court, copies of documents furnished to them as contemplated U/s.207 Cr.P.C., and accused were were examined u/S.239 of

Cr.P.C., charges framed U/Sec.379 IPC, Sec.29 of Forest Act, 1967, Secs.181 and 192(1) of M.V. Act, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.

4.To prove its case, prosecution examined PW1 to PW3 and got 3 of 5

CC.No.149 of 2012

marked Exs.P-1 to P-6. The APP has given up the evidence of LW3/K.Bhasker,

PC and LW5/A.Uma Shanker, HG. Death Certificates of LW6/Dasari Ravi,

LW7/Mallela Pradeep, Lw.8/Ballu Jadav (IO) filed charge sheet, hence their evidence was closed.

5. After closure of prosecution evidence, the accused No.1 to 5 were examined U/s.313 Cr.P.C. for the incriminating material appearing against them and they denied the same and reported no defence evidence.

6. Now the point for determination is:

"Whether the prosecution has proved the guilt of the accused No.1 to 5

for the offence under Section 379 IPC, Sec.29 of Forest Act, 1967, Secs.181

and 192(1) of M.V. Act beyond all reasonable doubt?”

POINT:-

7. PW1 is Sub-Inspector of Police and defacto complainant. She deposed that on 25.12.2011, she was conducting vehicle checking along with the staff PW2, PW3, LW3/K.Bhasker and LW5/A.Uma Shanker at Kamalapur

X road, Mallampally road, Narsampet, on checking, one DCM Van No.AP 09 1741, they found Bijasal wood covered with Unka bags. Immediately, they ap- prehended all the accused No.1 to 5 and took them into custody along with property. She secured the presence of mediators LW6/Dasari Ravi and LW7/

Mallela Pradeep, then conducted confession and seizure panchanama of A1 and confession panchanamas of A2 to A5 separately, in their presence and they seized total 30 pieces of bijasal wood measuring 130 feet. After that she brought the seized property to the P.S. along with DCM Van and lodged Ex.P1 report. During the course of cross examination, she stated that the mediators are not from the scene of offence and she did not mention the particulars of koya people from whom accused purchased the seized property.

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CC.No.149 of 2012

8.PW2 (M.Laxman) Police constable and PW3 (N.Ravi) H.G also deposed in the same lines as that of PW1.

9.Perused the evidence on record. Except the evidence of police officials PWs 1 to 3, there is no evidence on record to prove the guilt of accused. It is not safe to convict the accused basing on the only evidence of police officials in the absence of other independent and corroborating evidence.

There is no satisfactory evidence on record to show that accused committed the offences. In the circumstances, accused No.1 to 5 are entitled for benefit of doubt. Accordingly, they are acquitted of all charges against them.

10.IN THE RESULT, the accused No.1 to 5 are found not guilty for the offence U/Sec.379 IPC, Sec.29 of Forest Act, 1967, Secs.181 and 192(1) of

M.V. Act and they are acquitted u/Sec.248(1) Cr.P.C. The bail bonds of the accused shall stand cancelled after appeal time. The unmarked case property i.e. DCM Toyota Vehicle No.AP 09U 1741 which was handed over to interim custody to its owner K.Bixapathi/A3 vide W.P.No.20452/2012 by the Hon’ble

High Court holds good and final after expiry of appeal time.

(Typed to my dictation by Stenographer, corrected and pronounced by me in the open Court on this the 23rd day of May, 2022)

Sd/- P. Shirisha,

Judicial First Class Magistrate, Narsampet.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: PW1: G.Sreedevi/Complainant. PW2: M.Laxman/Eyewitness PW3: N.Ravi/Eyewitness.

For Defence: None 5 of 5

CC.No.149 of 2012

EXHIBITS MARKED

For Prosecution: Ex.P1 : Report, dt.25.12.2011. Ex.P2 : Confession and seizure panchanama of A1 dt.25.12.2011. Ex.P3 : Confession panchanama of A2 dt.25.12.2011. Ex.P4 : Confession panchanama of A3 dt.25.12.2011. Ex.P5 : Confession panchanama of A4 dt.25.12.2011. Ex.P6 : Confession panchanama of A5 dt.25.12.2011.

For Defence: Nil

Material Objects Marked: Nil

Sd/- P. Shirisha,

Judicial First Class Magistrate, Narsampet.

1 of 4

CC.No. 548 of 2016

Dated 12.04.2022

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT NARSAMPET

Tuesday, on this the 12th day of April, 2022

Present:- Smt. P.Shirisha,

Judicial Magistrate of First Class,

Narsampet

C.C.No.548 of 2016

Between:-

The State of Telangana through Sub-Inspector of Police, PS Nallabelly …Complainant

AND

Vakkala Ayyappa S/o Sarangapani, Age: 25 years, Peruka, R/o Rudragudem (v), Nallabelly (M) … Accused

This case is coming before me on 23.03.2022 for final hearing in the presence of learned APP for the State and Sri D. Ramesh, Advocate for accused and having stood over for consideration till this day, upon perusing the material on record this Court delivered the following:-

:: JUDGMENT ::

The Sub-Inspector of Police, PS Nallabelly has filed charge sheet against accused in Cr.No. 11/2016 for the offence u/Sec. 354, 354-A, 354-D IPC.

2.The brief facts of the prosecution case are that PW1/victim and the accused were classmates during their school and he had an evil eye on PW1.

When PW1 was studying B.Tech at Apex College, Machapur the accused used to visit the college and house of PW1 and used to talk with her. On observing the same, LW2/K. Sampath, PW3, PW4 admonished the accused. But the accused again started harassing her by making phone calls. On 04.02.2016 when PW1 went to BITS College Narsampet to submit the Project report, and 2 of 4

CC.No. 548 of 2016

Dated 12.04.2022

she was returning home by Auto, the accused called her to get down from the auto but she refused to do so. When PW1 reached a well near Peddathanda, the accused came to her, forced her and wrongfully restrained her. When she refused the accused caught hold of her hand and dragged her hand forcibly. Out of fear, she shouted loudly on hearing her chaos some persons working in the nearby fields rushed to her and on seeing them the accused flew away from that place. During the scuffle, her gold chain was cut and went into the hands of accused. On receipt of the written information from PW1, LW13/Md. Sadiq Ali registered a case in Cr.No. 11/2016 for the offence u/sec 354, 354-A, 354-D

IPC and issued FIR and took up the investigation of this case. During the course of investigation LW13 examined and recorded the statements of PW1 to PW4,

LW2, LW7 and visited the scene of offence at Gandhinagar H/o Gundlapahad village and conducted scene of offence panchanama and incorporated the physical features in Crime Details Form in the presence of LW8/A. Samya,

LW9/T. Sampath. On 09.02.2016 LW14/N. Venkateshwarlu arrested the accused at his home and he voluntarily confessed the commission of offence in the presence of mediators LW10/ M. Raji Reddy, LW11/ G. Ravi and produced him

before the court and remanded to judicial custody. Later LW15/M. Rajamouli

filed the charge sheet against the accused.

3.The Court took cognizance for the offence under/Sec. 354, 354-A, 354-D IPC and on appearance of accused before the Court, copies of documents furnished to him as contemplated U/s.207 Cr.P.C., and the accused was examined u/S.239 of Cr.P.C., and charges for the offence U/Sec 354-A, 354-D read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.

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CC.No. 548 of 2016

Dated 12.04.2022

4.To prove its case, prosecution examined PW1 to PW4 and got marked Ex.P1 to Ex.P6. The remaining evidence was given up by the prosecution.

5.As there is no incriminating material against the accused, the examination of accused u/S.313 Cr.P.C. is dispensed with.

6.Heard. Perused material on record.

7. Now the point for determination is:

"Whether the prosecution has proved the guilt of accused for the offence U/Sec 354-A, 354-D IPC beyond all reasonable doubt?”

POINT:-

8. PW1/the victim turned hostile and deposed that she does not know any facts of the case and Police did not examine her. PW2 & PW3, the brother- in-law and mother of PW1 also turned hostile and deposed that they do not know any facts of the case and Police did not examine them. PW4 is the Eye witness also turned hostile and deposed that he does not know any facts of the case and Police did not examine him.

9.It appears that parties have compromised the matter outside the court. Hence there is no evidence on record to hold accused as guilty. Therefore accused is entitled for acquittal.

10.IN THE RESULT, accused is found not guilty for the offence U/sec 354-A, 354-D IPC and he is acquitted u/S.248 (1) Cr.P.C. . The bail bonds of the accused shall stand canceled after appeal time. The MO1 which was handed 4 of 4

CC.No. 548 of 2016

Dated 12.04.2022

over to the PW1 for interim custody shall hold gold and final after appeal time.

(Typed to my dictation by stenographer, corrected and pronounced by me in the open Court on this the 12th day of April, 2022)

Sd/-

Judicial First Class Magistrate, Narsampet

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution:

PW1: A. Anitha/Victim PW2: K. Sudhan/ Brother-in-law of PW1 PW3: A. Kalamma/ Mother of PW1 PW4: K. Sudhakar/ Eye witness

For Defence:

-Nil-

EXHIBITS MARKED

For Prosecution: Ex.P1 : Signature of PW1 on report dated 05.02.2016. Ex.P2 : 161 Cr.P.C. statement of PW1 dated 05.02.2016 Ex.P3 : Signature of PW1 on 164 Cr.P.C statement dated 28.05.2016. Ex.P4 : 161 Cr.P.C. statement of PW2 dated 05.02.2016. Ex.P5 : 161 Cr.P.C. statement of PW3 dated 05.02.2016. Ex.P6 : 161 Cr.P.C. statement of PW4. For Defence: Nil

Material Objects Marked : MO1- Gold Chain

Sd/-

Judicial First Class Magistrate, Narsampet