Sri P. Shyam Prasad

Page 1 of 9CC No. 1693 of 2022

IN THE COURT OF THE JUNIOR CIVIL JUDGE CUM JUDICIAL MAGISTRATE OF

FIRST CLASS AT DHARMAPURI

PRESENT :- P.Shyam Prasad, Junior Civil Judge cum

Judicial Magistrate of First Class,

Dharmapuri.

Thursday, the 17 th day of April, 2025

CALENDAR CASE No.1693 of 2022

(Crime No.339 of 2021 of PS, Velgatoor)

Between:- The State of Telangana, represented through the Sub Inspector of Police, Velgatoor Police Station.

.... Complainant.

AND

A1:Muddangula Komuraiah 2 Kuthar, S/o: Rajam, Age: 38 years, R/o: H.No.8-17/1, Rajeevnagar, Basanthnagar of Peddapally District.

A2:Sayad Jakeer Shareef @ Bablu, S/o: Jaleel, Age: 28 years, R/o: Kannala village of Palakurthy Mandal of Peddapally District.

... Accused.

Section of Law:U/Sec.454, 380 of IPC Plea of the Accused:Pleaded not guilty

Finding of the Court:Found not guilty Sentence or order:The Accused No.1 and 2 are found not guilty for the offences U/Secs. 454 & 380 of IPC accordingly the

Accused Nos.1 and 2 are acquitted u/Sec.248 (1)

Cr.P.C. The bail bonds of the accused shall stand cancelled after expiry of six months from this date as contemplated u/Sec.437(A) Cr.P.C., for preferring appeal to the higher Court, from this judgment by prosecution or by the defacto complainant.

The case property deposited vide CP Sl. No.64 of 2022 dt:28-5-2022 as item No.1 to 4 i.e. 1) gold rings (4) weighing 5 gms, 2) One nallapusala gold chain katthi kattu wieghing 10 gms, 3) One pair of silver

Page 2 of 9CC No. 1693 of 2022 anklets (Kalakadiyalu) weighing (30) tulas and 4) six thousand cash of 12x500 notes was given for interim custody to the owner of the property by name Gudeti

Saritha @ Douthagani Saritha vide Cr.MP.

No.71/2022, dated 28-5-2022 shall be made absolute after appeal period.

* * *

This case coming before me today 17.4.2025 for final hearing in the presence of the learned Assistant Public Prosecutor for the State and Sri. K.Vinod Kumar, Advocate for the Accused; upon hearing the arguments of learned APP and accused and having stood over for consideration, this day the Court delivered the following :-

: : J U D G M E N T : :

1. The State of Telangana represented through the Sub Inspector of Police,

Police Station, Velgatoor laid charge sheet against the Accused Nos.1 & 2 in Crime No.339 of 2021 for the offences punishable U/Secs.454 & 380 of

Indian Penal Code-1860 (for short, “the IPC”).

2.The brief facts of the case are that :- on 12.11.2021 at 18.00hrs the complainant Donthagani Saritha w/o Veerababu, age.30yrs, caste:Padmashali, r/o Kothapeta village of

Velgatoor Mandal came to P.S. and lodged a complaint stating that she is the resident of Kothapeta village and living by running Mee seva center at

Rajarampally village. They are four children ie.herself, Gundeti Swapna d/o Bheemaiah, Gundeti Venkatesh and Kokkula Rama to their parents. At present her daughter Saharsra and sister Gundeti Swapna are residing with her parents at Kothapeta village. Her sister Swapna is working as

Staff Nurse at P.H.C. Dharmapuri. On the morning of 12.11.2021 at 0800 hours her parents Kanakalaxmi and Bheemaiahwent to Jagityal on some

Page 3 of 9CC No. 1693 of 2022 work, at about 8.30 AM her sister Swapna went to Dharmapuri to attend her duty. At about 9 AM herself and her daughter Sahasra left the house by locking it and came to RajarampallyMee seva center. About 15.30 hours her sister Swapna telephoned to her and informed her that their parents are weeping and theft was occurred in their house. Immediately she went to their house and found the lock is intact and the back side doors were opened and cloths are in scattered condition. When she searched found 4 gold rings of her daughter Sahasra. 4 gold rings pertaining to her sister's son, one gold Kuthikattu pertaining to her elder mother wg. about one tola, 3 sets gold mattilu all wg.about 4 tolas gold ornaments and 30 tolas silver leg kadas 17 tolas silver leg chains of her elder mother, 2 pairs silver leg chains wg about 8 tolas of her daughter, and 20 tolas silver leg chains of her elder mother were stolen away from their almirah. The value of above stolen gold and silver ornaments is about Rs.95,000/-. Lastly she requested to take legal action.

On receipt of the above petition from Lw-1. the Sl of Police, Lw-11 has registered a case in Cr.No.339/2021 / 454, 380 IPC, issued FIRs to all concerned and took up the investigation. During the course of investigation, the Lw-11 has examined the Lw-1 and recorded her statement in Part-II CD in detail. Later the Lw-11 visited the scene of offence, secured the presence of panchas Lws-5 and 6. observed the scene minutely and incorporated the details in Crime Details Form. On the requisition of Lw-11, the team of finger prints came to the spot anil

Page 4 of 9CC No. 1693 of 2022 collected the chance prints from the scene of offence During the investigation the Lw-11 has secured the presence of Lws-2 and 3, examined them and recorded their statements in Part-II CD in detail.

When the fingerprint bureau sent the chance prints collected from the scene of offence to the SFPB, CID Hyderabad, they compared with the records and found the finger prints of accused MuddanuglaKomuraiah @

Kumar s/o Rajam, age.38yrs, r/o Rajeevnagar, Basanthnagar, of

Peddapally district were tallied and the same was informed to the kind SP

Jagityal through radio massage. On receiving the above information the

Lw-11 along with men rushed to Rajarampally x road and apprehended the accused Muddangulakomuraiah @ Kumar on 16.11.2021 at 09.00 hours, secured the presence of two panchas Lws-7 and 8 and interrogated him. In the interrogation the accused A-1 Muddangulakomuraiah voluntarily confessed that previously he committed property offices and he was arrested by police Jammikunta and Godavarikhani I town and went to jail. After release from jail he did not get sufficient work, due to which he faced financial problems to meet his luxuries. On that he met with A-2 Sayad Jakeer Shareef and both of them decided to commit property offence. As per their plan on 12.11.2021 they came to

Dharmaram and boarded an auto to go to Dharmapuri temple for Lord

Darshan, while they are going in the auto when they reached near

Kothapeta village he found a house alone by closing the doors, on that they decided to commit theft in that house and get down from the auto at Kothapeta bus stage. Both of them went to Wines shop, after consuming liquor they went to the above house and found the front door

Page 5 of 9CC No. 1693 of 2022 was locked. They went back side of the house, break open the latch with iron rod, went into the house and found two almirahs in the house. They opened the almirahs and committed theft of 8 gold rings, one gold

NallapuasalaKuthikattu, three pairs of gold mattilu, one pair of silver leg kadas, four pairs of silver leg chains and some coins from "gallagurigi" and escaped with stolen booty. Later they went to their houses. On 15.11.2021 both of them went to Peddapally to sell the stolen ornaments, the A-2 kept him near Majeed and he went somewhere, after some time the A-2 came to him, informed to him that he sold the stolen gold and silver ornaments and given Rs.6,000/- to him. When he asked the

A-2, the A-2 revealed that he will give remaining amount later. Today ie.on 16.11.2021 he came to Rajarampally X road to commit another property offence at about 0900 hours the police party apprehended him the above amount is with him. His confessional panchanama was recorded the net cash of Rs.6,000/- (500x12-6,000/-) from his possession under cover of panchanama in the presence of panchas Lws-7 and 8. The arrested accused A-1 Muddangulakomuraiah was brought to P.S. at 10.30 hours, effected his arrest by issuing arrest memos and necessary entries in the concerned records. The grounds of his arrest have been informed to himself by serving notice u/s. 50 Cr. PC and After completion of entire investigation, filed charge sheet against the accused person for the offences U/Secs.454 & 380 of IPC.

3. This case is taken on file against Accused Nos.1 & 2 for the offences

U/Secs.454 & 380 of IPC, and numbered as CC.No.339/2021 initially by this court, subseqeuntly this court re-numbered as

Page 6 of 9CC No. 1693 of 2022

CC.No.1693/2022 on the point of jurisdiction.

4.On appearance of the accused Nos.1 and 2 before this court copies furnished to them as contemplated u/sec. 207 Cr.P.C.

5.Accused Nos.1 and 2 were examined u/Sec.239 Cr.P.C for the offences

U/Secs.454, 380 of IPC against Accused Nos.1 and 2 read over and explained to them in Telugu for which they pleaded not guilty and claimed to be tried.

6.During the trial the prosecution has examined Pws.1 to PW.5 and Ex.Ps.1 to P4 are marked and prosecution evidence is closed.

7.Accused Nos.1 and 2 were examined u/Sec. 313 Cr.P.C, for which they denied the evidence of prosecution witnesses and reported no defence on their behalf.

8. Heard both sides.

9.Now the point for determination is :- The point for consideration is whether the prosecution proved the offence U/Secs.454 & 380 of IPC against the accused Nos.1 and 2 beyond all reasonable doubt?

POINT :

10.In order to prove the case of prosecution, the prosecution has examined

Pws.1 to PW.5 and Exs.P1 to P4 are marked. Out of (11 witnesses the prosecution examined, PW.1 is the panch witness for scene of offence panchanama and in his evidence deposed that in the year 2021 on one day police came to house of LW.1 and prepared EX.P1/crime details form.

During the course of cross examination he admitted that he do not know the contents of Ex.P1/CDF.

Page 7 of 9CC No. 1693 of 2022

11.PW.2 is the panch witness for confession and recovery panchanama of A2 deposed that on 22-4-2022 in the morning hours the police were present at Velgatoor chowrastha and they caught hold a person and police recovered four rings, silver anklets and one pusthela thadu weighing of 10 gms and prepared confession cum recovery panchanama/Ex.P2 and he signed on the said panchanama. During the course of cross examination he admitted that he do not know on which date the accused where he has comitted the theft and where he has sold the gold. He denied the suggestions. Whereas PW.3 is the pacnh witness for confession and recovery of panchanama of A2 turned hostile to the prosecution.

12. PW.4 and PW.5 are the panch witnesses for confession and recovery of

A1 also turned hostile and did not support the version of prosecution.

The complainant/LW.1 who gave report was not examined by the prosecution and further the Investigating Officer (IO) who filed charge sheet was not examined by the prosecution which is fatal. On a careful analysis of the evidence on record, LW-1 who is the defacto complainant stated in her statement about the commission of theft in her house was not examined by the prosecution. Even the alleged recovery and the commission of offence is not proved as PW-4 to 6 who are panchas for recovery & confession panchanama respectively turns out hostile and their version as seen from the testimonies do not at least support the contention of LW-1 that a theft was committed in the house.

Page 8 of 9CC No. 1693 of 2022

13.In the present case, offence of theft got registered by LW-1 against unknown thieves. Subsequently, alleged recovery of alleged stolen property gold and silver was said to have been made from accused.

Offence of theft or taking of articles from building, by accused was not proved by any witness and moreover Pws. 3 to 5 turned out be hostile.

14. In criminal cases to establish the guilt of accused, the proof should be beyond reasonable doubt. In this case, it is difficult to hold that accused is involved in the commission of offence in the absence of any evidence either from testimonies or exhibits to show that the offence was committed and accused is the person who committed the offence. There being no reliable evidence connecting the accused to the commission of offence, this Court holds no hesitation to say that the charges against accused is disproved. Hence, accused are entitled for acquittal.

15. In the result, The Accused No.1 and 2 are found not guilty for the offences U/Secs. 454 & 380 of IPC accordingly the Accused Nos.1 and 2 are acquitted u/Sec.248 (1) Cr.P.C. The bail bonds of the accused shall stand cancelled after expiry of six months from this date as contemplated u/Sec.437(A) Cr.P.C., for preferring appeal to the higher Court, from this judgment by prosecution or by the defacto complainant.

The case property deposited vide CP Sl. No.64 of 2022 dt:28-5- 2022 as item No.1 to 4 i.e. 1) gold rings (4) weighing 5 gms, 2) One nallapusala gold chain katthi kattu wieghing 10 gms, 3) One pair of silver

Page 9 of 9CC No. 1693 of 2022 anklets (Kalakadiyalu) weighing (30) tulas and 4) six thousand cash of 12x500 notes was given for interim custody to the owner of the property by name Gudeti Saritha @ Douthagani Saritha vide Cr.MP. No.71/2022,

dated 28-5-2022 shall be made absolute after appeal period.

Typed to my dictation, after corrected and pronounced by me in open Court, on this the 17 nd day of April, 2025.

Junior Civil Judge cum Judl. Magistrate of F.C., Dharmapuri.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION :FOR THE DEFENCE PW1 : Md.Saleem.- N I L - PW.2: K.Venkatesh. PW.3: K.Banaiah. PW.4: G.Bhumaiah. PW.5: A.Rajaiah.

EXHIBITS MARKED

FOR THE PROSECUTION:FOR THE DEFENCE Ex.P1 is the CDF by PW.1. Ex.P2 is the confession panchanama by Pw.2. Ex.P3 is the signature of PW.4 on Confession and recovery panchanama. Ex.P4 is the signature of PW.5 on Confession and recovery panchanama.

MATERIAL OBJECTS

--NIL--- Junior Civil Judge cum Judl. Magistrate of F.C., Dharmapuri.

Draft 1 of 7 CC.No.1826 of 2022

IN THE COURT OF THE JUNIOR CIVIL JUDGE CUM JUDICIAL MAGISTRATE OF

FIRST CLASS, AT DHARMAPURI.

PRESENT:- Sri.P.Shyamprasad, Junior Civil Judge cum Judl.Magistrate of F.C., Dharmaram.

Thursday, the 24th day of April, 2025

CC.No.1826 of 2022

(Cr.No.100 of 2022 of PS. Buggaram )

Between:- State represented by the Sub-Inspector of Police, P.S, Buggaram.

...Complainant.

AND Perumalla Nagaiah @ Perumanla Nagaiah goud, S/o.Venkaiah goud, age: 53 years, Caste: Goud, Occ: Toddy tapper, R/o.Gopulapur village of Buggaram mandal.

...Accused

This case coming before me on 23.04.2024 for final hearing in the presence of the learned Sri.B.Rajesh, Asst. Public Prosecutor for the Complainant/State and Sri.Routh Rajesh, Advocate for the accused; and upon hearing their arguments and having stood over for consideration, this Court delivered the following:-

:: J U D G M E N T ::

1.The Sub-Inspector of Police, P.S., Buggaram has filed charge sheet against the accused in Cr.No.100 of 2022 for the offences punishable

U/s.323 and 353 of Indian Penal Code (in short “the IPC”).

2.The prosecution case in brief is that it is well established that the

LW1/Shyamrao Narsinga rao is working as Asst.Sub inspector of police at

PS.Buggaram since 18.01.2018, LW2/ Vuyyala Venkatesham and

LW3/Sk.Sajid is also working at PS.Buggaram, on 05.10.2022 as per instructions of superior officers LW1 along with LW2 and LW3 went to

Draft 2 of 7 CC.No.1826 of 2022

Gopulapur village of Buggaram mandal for Dasara festival bando-basth duty at 17.10 hours from PS.Buggaram, while LW1/Shyamrao Narsinga rao, LW2/ Vuyyala Venkatesham and LW3/Sk.Sajid with some others in front of Gopulapur grama panchayath office, at their huge people were gathered and falling on each other in the procession, while LW1/Shyamrao controlling the mob, from that one person started arguing with

LW1/Shyamrao Narsinga rao, while he talking with him on duty at 17.40 the accused was beaten the LW1/Shyamrao Narsinga rao head with hand from his back side, the accused with intent to assault LW1/Shyamrao

Narsinga rao and beaten with hand on his head from back side to deter public servant from lawful discharge of LW1/Shyamrao Narsinga rao’s duty. Finally he requested to take necessary action against said person.

3.On receipt of the above complaint, LW6/T.Ashok, SI of Police, P.S

Buggaram has registered a case in Cr.No.100/2022, U/s.323 and 353 of

IPC and issued FIR and took up the investigation. During the course of investigation he examined and recorded the statement of LW1/Shyamrao

Narsinga rao, LW2/ Vuyyala Venkatesham and LW3/Sk.Sajid, later

LW6/T.Ashok visited the scene of offence, examined and recorded the statements of witnesses, secured the presence of two mediators i.e.,

LW4/Panjala Gangaiah and LW5/Munja Thirupathi and observed the scene of offence minutely in the presence of said panchas and drew the sketch of scene and incorporated the details of scene in crime details form.

LW6/T.Ashok after collection of all relevant documents, he filed charge sheet against accused for the offence U/s.323 and 353 of IPC.

Draft 3 of 7 CC.No.1826 of 2022

4.This court took cognizance for the offences punishable U/s.323 and 353 of IPC.

5.On appearance of accused, the copies of documents relating to the case were furnished to him, as required U/s.207 Cr.P.C. The accused was examined U/s.251 of Cr.P.C for the offences punishable U/s.323 and 353 of

IPC against accused. The accused pleaded not guilty and claimed to be tried.

6.In order to establish the guilt of the accused, the prosecution examined PW1 to PW4 and got marked Ex.P1 to Ex.P6.

7.After closure of the prosecution evidence, the accused person is examined U/s.313 Cr.P.C. explaining the incriminating material appearing against him in the evidence of the prosecution witnesses. Accused denied the same and reported no defence evidence on their behalf.

8.Heard the learned Assistant Public Prosecutor and the learned defence counsel for the accused.

9.Now the point for determination is whether the prosecution has established the guilt of the accused for the offences punishable U/s.323 and 353 of IPC against accused beyond reasonable doubt?

POINT:-

10.The case of the prosecution is that LW1/Shyamrao Narsinga rao is working as Asst.Sub inspector of police at PS.Buggaram on 05.10.2022 as per instructions of superior officers LW1/Shyamrao Narsinga rao along with LW2/ Vuyyala Venkatesham and LW3/Sk.Sajid went to Gopulapur village of Buggaram mandal for Dasara festival bando-basth duty at 17.10 hours from PS.Buggaram, while LW1/Shyamrao Narsinga rao, LW2/

Vuyyala Venkatesham and LW3/Sk.Sajid with some others in front of

Draft 4 of 7 CC.No.1826 of 2022

Gopulapur grama panchayath office, at their huge people were gathered and falling on each other in the procession, while LW1/Shyamrao controlling the mob, from that one person started arguing with

LW1/Shyamrao Narsinga rao, while he talking with him on duty at 17.40 the accused was beaten the LW1/Shyamrao Narsinga rao head with hand from his back side, the accused with intent to assault LW1/Shyamrao

Narsinga rao and beaten with hand on his head from back side to deter public servant from lawful discharge of LW1/Shyamrao Narsinga rao’s duty. Finally he requested to take necessary action against said person.

11.The prosecution cited six witnesses and out of them, it examined four witnesses. PW1 is complainant/ASI of police, PS.Gollapalli and PW2 is theHomeGuard,PS.Buggaram,PW3/P.Ganganna/Driver,

PW4/M.Thirupathi/Toddy tapper and PW5/T.Ashok, SI of police, who is investigating officer.

12.PW1 deposed in his evidence that previously he worked as ASI of police at PS Buggaram from 18-10-2018 to 18-10-2022 and presently working as ASI of police at PS Gollapally. On 05-10-2022, on the instruction of their SI he along with Lw2 and 3 went to Gopulapur village to attend Dussara bandhobasth, since there is a heavy crowd at

Gramapanchayath office, while he was try to controlling the public one person started quarrel with him by saying that why he had been control to public. Immediately in the public he received a tap on his head but he could not notice such person who tapped forcedly on his head to find out that person he enquired near by surroundings, after some time he

Draft 5 of 7 CC.No.1826 of 2022 received Whatsapp video in which while he was controlling the public some person have tapped on his head with hand immediately he shown the said video to the Sarpanch of Gopulapur village, wherein he identified that the person who beat on his head is one Perumalla Nagaiah as such he came to the police station and lodged report along with CD containing offensive video.

13. PW2 deposed in his evidence that he have been working as Home

Guard at PS, Buggaram from 2018 to till date on 05-10-2022 he along with

Pw1, Lw2/Venkatesham went to Gopulapur village to attend Bandhobasth duties, at 05:10 PM while one Badineni Rajendhar bringing the idol of God, there was huge crowd gathered, among them one of the person as slapped their ASI/Narsingarao from his behind, but they could not identify the person who slapped they ASI, as such they have inquired about that person. later, they informed the public that if the incident has recorded in an video requested them to send them and left the area. After the incident they went to police-station by crossing near by villages, after reaching the police-station PW1 had made GD entry about the incident while so going on 08-10-2022 PW1 received video message to his mobile in which some unknown person had slapped him, on their inquiry with villagers, some of the villager revealed that the person who slapped Pw1 is one Nagaraju. Witness identity the person who is standing in the court hall as the accused who slapped Pw1. The evidence of PW3 who is driver and PW4 who is toddy tapper has turned hostile as they did not elicited any facts of the case.

Draft 6 of 7 CC.No.1826 of 2022

14. PW5 deposed in his evidence that previously he worked as SI of police at buggaram on 08-10-2022 at 1600 hours he received complaint from PW1 basing on his report he register the case and issued FIR and copies concerned officials he examined and recorded the statements of

LW1/Shyamrao Narsinga rao, LW2/ Vuyyala Venkatesham and

LW3/Sk.Sajid, on the same day he visited the scene of offence at gopulapur there he secured two mediators i.e., PW2/Sk.Sajid/Home guard of PS.Buggaram, PW3/P.Ganganna/Driver and prepared CDF in the presence of panch witness as and after completion of invesigation and filed charge sheet.

15. As per evidence of PW1 he shown the said video to the sarpanch of gopulapur village wherein identified the person who beat on his head, but the prosecution failed to cited as a witness the said sarpanch who identified the alleged accused and not examining him and further PW2 who accompanied the PW1, deposed in his cross examination that he did not witness the incident, therefore his evidence not corroborating to the evidence of PW1 and further PW3 and 4 panch for crime details form or turned hostile. Therefore in view of the above contradictory evidence of

PW1 and non corroboration by the evidence of PW2, the prosecution not established this case against the accused beyond all reasonable doubt.

16.In result, the accused is found not guilty for the offence U/s.323 and 353 of IPC accordingly the accused is acquitted U/s.255(1) Cr.PC. The bail bonds of the accused shall stand cancelled after expiry of six months from this date as contemplated U/sec.437(A)Cr.P.C., for preferring appeal to the

Draft 7 of 7 CC.No.1826 of 2022 higher court, from this judgment by prosecution or by the defacto complainant.

Typed to my dictation by Typist, corrected and pronounced by me in the open court on this the 24th day of April, 2025.

JUNIOR CIVIL JUDGE CUM

JUDICIAL MAGISTRATE OF F.C.,

DHARMARAM.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION: PW1: S.Narsingarao PW2: Sk.Sajid PW3: P.Ganganna PW4: M.Thirupathi PW5: T.Ashok

FOR THE DEFENCE:- -None-

EXHIBITS MARKED

FOR THE PROSECUTION: Ex.P1: Report Ex.P2: CD Ex.P3: Signature of PW3 on CDF Ex.P4: Signature of PW4 on CDF Ex.P5: FIR Ex.P6: CDF

FOR THE DEFENCE:- -None-

MATERIAL OBJECTS

-None-

JUNIOR CIVIL JUDGE CUM

JUDICIAL MAGISTRATE OF F.C.,

DHARMARAM.

1CC.No.1029 of 2022

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS AT

DHARMAPURI

PRESENT:- SRI P.SHYAM PRASAD,

JUDICIAL MAGISTRATE OF FIRST CLASS,

DHARMAPURI.

Tuesday, on this the 22nd day of April, 2025

CC.No.1029 OF 2022

Between:-

The State through Sub-Inspector of Police, P.S., Buggaram (Cr.No.26 of 2022) …Complainant.

And

Mylarapu Sathish, S/o.Narsaiah, Age:35years, SC-madiga, Occ:Auto driver, R/o.Theegala dharmaram village of dharmapuri mandal. …Accused

This case is coming on this day before me for final hearing in the presence of learned Public Prosecutor for the state and of Sri.Myadapurapu Sathish Advocate for the accused, having heard and having stood over for consideration to this day the court delivered the following:

J U D G M E N T

1.The Sub-Inspector of Police, Buggaram P.S., filed Charge Sheet against the accused person for the offence punishable U/Sec.420 of IPC and Sec.7 of Essential Commodities Act.

2.The brief facts of the case are that on 04.03.2022 at 11.00 hrs while

LW6/G.Sandeep along LW3/A.Mahesh and LW4/V.Venkatesham caught hold the accused is resident of Buggaram village and mandal was used to purchased PDS rice from the villagers by moving in the villages on his auto bearing no.TS02UA7144 and purchased the PDS rice from the innocent villagers and same was sold to various kirana shops by taking his profits and purchased PDS rice containing with 400 kgs of Govt. rice from the villagers on lowest price, later the accused illegally transporting the same without any permit or any license and when they reached at the buggaram out skirts from the possession of accused under cover of 2CC.No.1029 of 2022 confession and seizure panchanama before panchas.

Basing on the above confession and recovery panchanama,

LW6/G.Sandeep registered a suo-motto case in Cr.No.26/2022, U/s.420 of

IPC and Sec.7 of Essential Commodities Act and took up further investigation and after completion of entire investigation LW6/G.Sandeep filed charge sheet against the accused for the offence punishable U/s.420 of IPC and Sec.7 of Essential Commodities Act-1955.

3.This court took cognizance of the case against accused for the offence punishable U/Sec.420 of IPC and Sec.7 of Essential Commodities

Act-1955.

4.On appearance of accused, case copies furnished to him as required

U/s.207 Cr.P.C.

5.Accused examined U/s.239 of Cr.P.C., for the charge sheet allegations leveled against accused to which he denied the same, charges

U/s.420 of IPC and Sec.7 of Essential Commodities Act-1955 is framed, the contents were read over and explained to him in Telugu to which he pleaded not guilty and claimed to be tried.

6. During the course of the trial prosecution got examined PW1 to PW3 and got marked Ex.P1 to Ex.P3. As such the prosecution evidence is closed.

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

U/s.313 Cr.P.C for the incriminating substance found against him in the prosecution witnesses to which he denied and reported no further evidence. Hence defence evidence closed.

8.Heard both sides.

9.Now the point for determination is:

3CC.No.1029 of 2022 “Whether the prosecution has proved the guilt of the accused for the offences U/s.420 of IPC and Sec.7 of Essential Commodities Act-1955 beyond reasonable doubt ?”

10.In the present case the prosecution has to prove that on 04.03.2022 at 11.00 hrs at the outskirts of Buggaram village, in which the accused was illegally transporting 400 Kgs of PDS rice in auto bearing no.TS02UA7144 and seized the same under a cover of panchanama

before the two mediators and brought to Police Station, Buggaram

accused along with seized property and registered a sue motto case.

Hence the accused are cheated the Government and also contravened the provisions of Essential Commodities Act.

In order to prove its case, the prosecution has examined the PW1 and PW2. PW1 is the Nagunoori Venkanna who is the pancha for confession and seizure panchanama of the accused, PW2 is the Nagunoori

Thirupathi is also acted as the pancha for confession and seizure panchanama of the accused. PW3/Maheshwar Rao who is police constable, buggaram in this case. Among them PW1 and 2 who are panch for confession and seizure panchanama of accused are turned hostile and not supported the case of prosecution. During their cross examination the learned APP nothing was elicited in favour of prosecution.

PW3 who is the police constable in this case he deposed that on 04.03.2022 at 8:30 hours he along with LW4 and 6 conducting vehicle checking at Buggaram outskirts at 11:00AM they stopped one auto bearing its no.TS 02 UA 7144 moving suspiciously. LW6 caught hold him with the vehicle, immediately LW6 secured two mediators ie LW1 and 2 conducted the accused confession and recovery panchanama, during the 4CC.No.1029 of 2022 confession the accused revealed that his name is Mailarapu Sathish and he further confessed that he have purchased PDS rice from beneficiaries at lower price and selling the same to higher rates by cheating the government, after preparation of panchanama Lw.6 brought seized PDS rice of 4 quintals and along with auto, accused and panchas to the police station and registered suomoto FIR.

The prosecution in order to strengthen the case have examined PW1 and 2, who are non other then the panch witnesses for confessional-cum- recovery panchanama who utterly failed to support the case of the prosecution by turning hostile to the case of the prosecution. The learned

APP. with the permission of this court have cross examined them but nothing of substance found against the accused to shake the case of the prosecution. It is further seen that the prosecution failed to get mark any documents pertaining to the crime vehicles and rice which was seized in this case civil supply officer.

Basing on the evidence of PW1 to PW3, this court is inclined to come to the conclusion that prosecution miserably failed to prove the confession-cum-recovery of seized property from the possession of accused person. As the recovery of seized property is not proved by the prosecution and also due to non-examination of independent witnesses, this court opines that identity of accused is not established by the prosecution beyond all reasonable doubt enabling accused liable for acquittal and the point is answered accordingly.

In view of the evidence available on record this court is of the considered view that the prosecution has failed to prove the guilt of the accused for the offence punishable U/s.420 of IPC and Sec.7 of Essential 5CC.No.1029 of 2022 Commodities Act. This point is answered accordingly.

11.IN THE RESULT, the accused is found not guilty for the offence punishable U/Sec.420 of IPC and Sec.7 of Essential Commodities Act accordingly the accused is acquitted U/s.248(l) of Cr.P.C. The bail bonds shall stand cancelled after expiry of appeal period. The un-marked case property i.e. auto bearing no.TS02UA7144 already given to its original owner through his petition and the same holds good till appeal period is over.

Typed to my dictation, corrected and pronounced by me in the open court on this the 22nd day of April, 2025.

JUDL.MAGISTRATE OF FIRST CLASS,

DHARMAPURI.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION; FOR THE DEFENCE

PW.1: Nagunoori Venkanna PW.2: Nagunoori Thirupathi PW.3: Maheshwar Rao

EXHIBITS MARKED

FOR THE PROSECUTION: Ex.P.1: Signature of PW1 on confession and seizure panchanama of accused Ex.P.2: Signature of PW2 on confession and seizure panchanama of accused

FOR THE DEFENCE

NIL.

M.O.’s MARKED

Nil.

JUDL.MAGISTRATE OF FIRST CLASS

DHARMAPURI.

IN THE COURT OF THE Junior Civil Judge: DHARMAPURI

Present: Sri P. Shyam Prasad, Junior Civil Judge,

DHARMAPURI .

DATE 22-04-2025

CC/77/2025

Between:- State of Telangana Address: R/o Dharmapuri … Complainant

AND

1. Asam ShyamalaAddress: R/o Dhonur 2:Sirimalla Bhagyalaxmi Age: 28 r/o Kolwai village Sarangapur Mandal 3:Thoutam Manga Age: 26 r/o Dhonu … Accused

ORDER

Accused No.1 to 3 are present. Copies of documents were furnished to them under Section 207 of Cr.P.C. Accused No.1 to 3 are examined U/Sec.251 of Cr.P.C. They pleaded guilty and admitted the offences. I am satisfied that the admission is made voluntarily by the Accused Hence, I found the Accused No.1 to 3 2 are guilty of the offences punishable U/Sec. 448, 341, 290, 506 of IPC. Accordingly, the Accused No.1 to 3 are convicted under section 252 of Cr.P.C and sentenced to pay a fine of Rs. 1,000/- each (Rupees one thousand only) in default, to suffer simple imprisonment for one (1) month for the offence punishable U/Sec. 448 of IPC.Accused No.1 to 3 are further sentenced to pay a fine of Rs.500/- each in default, to suffer simple imprisonment for one (1) day for the offence punishable U/Sec.341 of IPC. Accused No.1 to 3 are further sentenced to pay a fine of Rs.200/- each in default, to suffer simple imprisonment for one (1) month for the offence punishable U/Sec.290 r/w 34 of IPC and are further sentenced to pay a fine of Rs.1,000/- each (Rupees one thousand only) in default, to suffer simple imprisonment for one (1) month for the offence punishable U/Sec. 506 of IPC.(Total Fine of Rs.8,100/-)

Junior Civil Judge

DHARMAPURI

IN THE COURT OF THE Junior Civil Judge: DHARMAPURI

Present: Sri P. Shyam Prasad, Junior Civil Judge,

DHARMAPURI .

DATE 17-04-2025

OS/69/2022

Between:- Katkuri Gattaiah Address: Korvichelma V/o Dhandepalli Dist . Adilabad.

… Complainant

AND

1. NAraveni Ravi Address: Dharmapuri 2:Kondaveni Lachanna and 2 others Dharmapur … Accused

ORDER

No representation on behalf of plaintiff though conditional order by the court as today posted finally on costs of Rs.300/-, but the costs not paid and no representation it appears the plaintiff is not evince interest to proceed the matter though the matter pertains to 2018. Hence the suit is dismissed for default.

Junior Civil Judge

DHARMAPURI