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IN THE COURT OF THE IV ADDL. JUNIOR CIVIL JUDGE, GUNTUR.
Present : Smt. R.Danie Ruth, B.A., B.L., IV Addl. Junior Civil Judge, Guntur.
WEDNESDAY, the 25th day of APRIL, 2012.
C.C.NO.284 OF 2006.
Between :
State : SubInspector of Police, Kothapet L & O P.S., Guntur.…… Complainant
And
1. Bole Sankara Rao, S/o.Parameswara Rao, 37 years, Near Sivalayam, Kothapet, Guntur, P.C.No.885 of Kothapet L&O P.S.
2. Kolli Mohana Rao, P.C.2263 of Rajupalem P.S., Guntur District. …… Accused.
This case is coming on 170412 before me for hearing in the presence of learned A.P.P., for the State and of Sri N.Jimbo, Advocate for A1 and of Sri Abid Ali Khan, Advocate for A2, and having stood over for consideration till this day, this court delivered the following :
JUDGMENT
The SubInspector of Police, Kothapet L & O P.S., Guntur filed charge sheet in
Cr.No.37/2006 against the accused for the alleged offence under sections 420, 406, 323, 506 r/w 34 IPC.
2. The facts of the case, in brief, are as follows : L.W.1 Grandhi Sridevi @ Devi is the complainant. L.W.2 Grandhi Bhuvaneswari is the mother of L.W.1 Sridevi. A1 and A2 are close friends and working as Constables at Kothapet L & O P.S., and at Rajupalem P.S., respectively.
L.W.2 Bhuvaneswari performed the marriage of L.W.1 Sridevi with L.W.5 Oleti
Balasubrahmanyam on 120893 at Sri Lakshmi Venkateswara Kalyana Mandapam situated at
Srinagar, Guntur as per their caste customs. Due to their wedlock, L.W.1 Sridevi blessed with one daughter by name Pravallika, aged about 11 years. Due to the misunderstandings, L.W.1 Sridevi discarded L.W.5 Balasubrahmanyam and remained at the house of L.W.2 Bhuvaneswari by 2 working in a fancy shop in Guntur town. At that tenure A.1 while working as Constable in Guntur
Taluk P.S., developed intimacy with L.W.1 Sridevi and induced her to marry him by saying gullible words. Taking her consent A.1 A.2 took her to the residence of LW13 Podila Venkata Srirama
Murthy and requested to file a divorce petition on behalf of L.W.1 Sridevi. On that, LW13 Venkata
Srirama Murthy believing the version of A.1, LW1Sridevi filed a diverse petition against A.1 before
Addl. Senior Civil Judge, Guntur on 2632003. On that, the Hon'ble court issued notices to LW5
Balasubrahmanyam but he failed to attend the court. Then, the Hon'ble court accepted the divorce petition of L.W.1 Sridevi and granted diverse to A.1 and LW1 Sridevi on 2982003 vide HMOP 84/2003. At that time, LW5 Balasubrahmanyam presented an amount of Rs. 1,50,000/ to LW1
Sridevi towards her maintenance. Later, LW1 Sridevi and A.1 lived together as wife and husband in a rental house of LW6 situated at Nehrunagar, 4th line, Guntur town. During the tenure, he used to picking up quarrel with L.W.1Sridevi when ever LW1 asked to him to marry her. Taking this advantage A.1 and A2 colluded with each other and met with LW1 and took an amount of Rs. 1,60,000/ from LW1 by saying gullible words promising that A.1 will marry her after taking the diverse from his wife legally in the court. Later, A.1 was transferred to Nadendla
Police station and took LW1 to Nadendla and kept her in a rented house of LW11 and lived together as wife and husband. Later, A.1 arranged a betrothal to marry LW1 at Goddess
Kanakadurga temple Vijayawada. In the mean while one unknown person who attended to that function informed that A.1 did not gave diverse to his wife as a sequel the marriage function of
LW1 with A1 was held up. In the mean while A1 was transferred to Vedullapalli Police station from Nadendla. This time also A.1 kept LW1 in rented house of LW9 and lived together as wife and husband and after 4 months A.1was transferred to Kothapet L&O P.S., and kept LW1 in the rented house LW3 situated near Sivalayam street, Kothapet , Guntur . Since then, A.1 started harassing LW1. While so on the date of Dasara festival in the year 2004 A1 went to the house of
LW1 in drunken state and picked up quarrel with her and harassed her. Then LW1 met with the 3 police higher authorities and reported the matter. On knowing this A1 and A2 with common intention to do harm to LW1 went to her house in drunken state and beat her with Lathies. As a sequel LW1 sustained injury to her left hand and rendered first aid in a Private clinic. Later, LW1 again met with the po9lice higher authorities and informed about the high handed behaviour of A.1 and A.2 towards her. On knowing about the police higher authorities instructed to book a case against A.1 and A2 u/s 420,326 IPC they both approached LW1 and requested to drop her representation and among them A.1 delivered two cheques for Rs. 80,000/ on 28205 and on 28 305 . Later, A.1 took the cheques issued by him by saying gullible words from LW1 and started harassing her demanding to get money and went away on casual leave by leaving the police station with out informing to LW1. Then, LW1 Sridevi went to her house of L.W.2 Bhuvaneswari and remained there. Even though, A.1 went to the house of LW1 and threatened her with dire consequences uttering that he will finish the life of LW1 if she reported the matter to police. Later,
LW1 Sridevi went to Kothapet L&O Police station on 23206 at 200 P.M., and presented a report to LW16 who in turn registered it as a case in Cr.No. 37/06 u/s 420,323,506 IPC and submitted
F.I.,Rs to all concerned officers, took up investigation, visited the scene of Offence, observed the same and to that effect and examined L.Ws 1 to 8 and recorded their detailed statements and directed LW15 M. Koteswararao to examine the other witnesses. Accordingly, L.W.15
Koteswararao visited Nadendla and Vedullapalli and examined L.Ws 8 to 12 and recorded their detailed statements in partII of this case diary u/s 161 Cr.P.C. Later, A.1 was surrendered himself before the Hon'ble court on 852006 and he was engaged on bail and A.2 is still at large.
After complete investigation, LW16 M. Suryanarayana Reddy filed charge sheet . Hence, the case.
3. On careful perusal of the charge sheet and other material papers filed in support thereof, this case was taken on file for the offence punishable under Sections 406, 420, 323, 506 r/w 34 I.P.C. against the accused.
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4. After appearance of accused, copies of documents as required under Section 207
Cr.P.C. were furnished to the accused.
5. A1 and A2 were examined u/Sec.239 Cr.P.C. and charges u/Sections 406, 420, 323, 506 r/w 34 I.P.C., against them framed, read over and explained in Telugu, to which they pleaded guilty and claimed to be tried.
6. During trial, the prosecution examined P.Ws.1 to 8 and got marked Exs.P1 to P31 on its behalf.
7. After closure of the evidence on prosecution side, A1 and A2 were examined under
Section 313 Cr.P.C. for the incriminating evidence, to which they denied the same. No oral evidence was adduced, however Ex.D1 was got marked on defence side.
8. Heard both sides. Perused the material on record.
9. Now, the point that falls for consideration is: Whether the prosecution has succeeded in bringing home the guilt of accused for the offence under Sections 406, 420, 323, 506 r/w 34 I.P.C.
beyond all reasonable doubt?
10. In order to substantiate its case, the prosecution cited 16 witnesses, out of them, eight witnesses were examined as P.Ws.1 to 8. Exs.P1 to P31 were got marked.
11. The learned A.P.P., argued that though the prosecution could not examine all witnesses, the evidence of P.Ws.1, 6 and 7 and documents filed submitted by P.W.1 are sufficient to conclude that the accused cheated P.W.1 and as such, they are liable for conviction.
12. On the other hand, the learned counsel for accused argued that except the complainant and Investigating Officer, all the witnesses turned hostile and not supported the case of prosecution, since P.W.1 and police officials are interested witnesses, their evidence alone cannot be taken into consideration, though it is argued by the prosecution that A2 is convicted in some other case, the said case is ended with acquittal, and due to some money disputes between
P.W.1 and accused, the present case is foisted against accused, and as such, the accused are 5 entitled for acquittal.
13. Coming to the evidence on record, the complainant Grandhi Sridevi @ Devi was examined as P.W.1. According to her, on 1281993 she was given in marriage with L.W.5 Oleti
Balasubrahmanyam and blessed with a female child Pravallika through L.W.5 and due to disputes, in the year 2002 she came to her parents house by leaving the matrimonial house.
She further stated that as she studied B.A., she joined in a photostat center in Arundelpet, Guntur on a monthly salary of Rs.1200/ and she used to attend her duties from 9 a.m., to 9 p.m., and A1 used to follow her daily and asked her to talk with him, and it happened in the year 2002, and A1 followed her for three months by introducing himself as a Police Constable, and promised to marry her, and further A1 informed that he gave divorce to his wife in the year 2002 and away from his wife since 2000, though A1 instigated her to marry him, she did not agree and expressed her intention to join her husband, and subsequently A1 sent A2 came to her house for marriage negotiations in the year 2002, A2 also introduced himself as Constable in Tadikonda P.S., and recommended her to marry A1 by obtaining divorce from her husband in order to legalise the marriage with A1. Initially, she refused for the same, but due to the frequent purusations of A2, she agreed to give divorce to her husband and accepted to marry A1, and A2 took her to the house of one Advocate i.e., L.W.13, and got drafted divorce petition and obtained her signatures, and subsequently, she was granted divorce from her husband on 29082003, and in her divorce petition, her address was shown as the residential address of A2. At the time of divorce, L.W.5 deposited an amount of Rs.1,50,000/ in her name, till she got divorce A1 and herself never resided together till the amount is deposited in her name, by that time, A1 was working at
Nadendla. On 1792003 both the accused came to her house and informed that A1 gave
Rs.2,50,000/ to his first wife by incurring some debts, and asked her to adjust some amount in order to discharge the debts, and as she intended to marry A1, on the same day she has withdrawn an amount of Rs.1.50.000/ and by adding Rs.10,000/ she gave Rs.1.60,000/ to A2 in 6 the presence of A1 as A2 is the elder for the marriage proposal, and after that she joined A1 and they resided at Nadendla in a rented house i.e., in the house of L.W.9 N.N.Swamy and there they resided together as wife and husband for about one and half year and thereafter A1 transferred to Vedullapalli and there they resided in the house of G.V.S.Satyanarayana Rao
L.W.11 for about four months. Later A1 transferred to Kothapet P.S., and shifted the family to the house of L.W.6 at 4th lane, Nehru Nagar, Guntur, and whenever she demanded A1 for marriage,
A1 postponed the same and she along with her mother and brother requested A2 to arrange her marriage with A1, for that A2 replied that every police personnel used to have two wives and asked her to remain with A1 without marriage. On the next day, she informed A1 and A2 to give complaint against them, then A1 abused her and went on duty, and on the same day at about 630 p.m., A1 and A2 came to house in a drunken state and A1 closed the doors by sending her daughter Pravallika to upstairs and both the accused beat her with lattis, and she sustained fracture injuries on her left hand, and later A1 took her to hospital and at the instance of A1, she informed the doctor that she sustained fracture by falling on ground and later she left the house of
A1 and went to her parents house and thereafter, they approached the Superintendent of Police and lodged complaint against A1 and A2 and gave report in Arundelpet P.S., as per the directions of Superintendent of Police and SubDivisional Police Officer. The then SubInspector of Police sent her to home assuring her that he will arrest A1 and A2, at about 1030 p.m., A1 and A2 came to her parents house and requested her to withdraw the report, and she agreed for the same and asked A1 to return her amount of Rs.1,60,000/, for which A1 issued two post dated cheques dated 28205 and 280305 for Rs.80,000/ each, and after one month, again A1 and A2 approached her with the proposal of marriage, by believing the words of A1 she returned the cheques to A1, and again she joined A1 in the rented house at Sivalayam street, and after the expiry of validity period of cheques, A1 started threatening her and harassing her and used to beat her, and as it became unbearable, she went to her parents house in the month of December, 7 2005 and again joined in a photostat center and A1 used to make phone calls, and on one day, she was informed by A1 that he met with an accident, then she rushed to the house of A1, which is situated opposite to Sivalayam, but it was locked, and on enquiry, she came to know through the house owner that the accused left the house with another woman with some household articles. On the next day she went to police station and enquired about A1 and came to know that A1 never met with any accident and he went on leave. Again she approached
Superintendent of Police and gave complaint against A1. She further deposed that on 10704 she gave Rs.20,000/, one black beads chain and gold ring to A2 for the treatment of A1 as she was informed by A2 that A1 met with an accident and got admitted in hospital.
Subsequently, she came to know that A1 is having wife and children and his marriage is still in existence. On 23206 she went to police station and lodged complaint, and police registered the case against accused.
14. Though the prosecution cited so many witnesses, P.W.2 Kolisetty Hanumantha Rao,
P.W.3 Gurram Venkata Seetharama Satyanarayana Rao and P.W.4 Gudipalli Sambasiva Rao, who were cited as the witnesses to depose the relation between A1 and P.W.1, all of them turned hostile and not supported the case of prosecution. Nothing worthwhile was elicited during their crossexamination to prove the relation between P.W.1 and A1.
15. P.W.5 Venna Kameswara Rao is another witness deposed that A1 and P.W.1 resided in his house as wife and husband for rent for about three months. He further stated that he do not know A2.
16. P.W.6 M.Koteswara Rao is the then Asst. SubInspector of Police, who examined
L.Ws.9, 10 and 16, P.Ws.3 and 4, deposed about his investigation. P.W.7 M.Suryanarayana
Reddy, the then SubInspector of Police is the Investigating Officer deposed that on 2322006
P.W.1 and L.W.2 came to police station and presented a written report, basing on the same he registered a case in Cr.No.37/06 against A1 and A2, issued F.I.Rs., to all concerned, examined 8 the witnesses and recorded their statements. He further deposed that he deputed P.W.6 on 27206 to examine some more witnesses at Nadendla and Vedullapalli and sent a special report to the Superintendent of Police as A1 is working as a Constable, and on 100306 he examined
L.W.13 and 14 and recorded their statements, and on 080506 A1 surrendered before this Court and after completing of investigation, he filed charge sheet in this case.
17. The charges levelled against accused are for the offence punishable under Sections 406, 420, 323 and 506 r/w 34 IPC. To prove the offence under Section 406 IPC against accused, the prosecution has to prove that accused committed criminal breach of trust. To prove criminal breach of trust, some property must be entrusted to accused, and there must dishonest misappropriation of property by accused.
18. P.W.1 stated that she gave Rs.20,000/, her black beads chain and a gold ring to
A2 as she was informed by him that A1 met with accident, Though P.W.5 stated that A1 and
P.W.1 resided in his house as wife and husband, he did not state anything against A2. To prove the offence under Section 406 IPC, the entrustment of property must be proved. No such evidence is adduced by prosecution to prove the entrustment of property to A2. When there is no entrustment, the question of dishonest misappropriation by A2 does not arise. Except the sole testimony of P.W.1, there is no other evidence even to say that A2 helped A1 in cheating P.W.1.
The other independent witness also stated that he do not know A2.
19. The learned advocate for accused argued that P.W.1 has no such financial capacity to lend money to accused. This court is unable to accept the version of defense counsel.
Admittedly, P.W.1 used to work in a photostat shop for the salary of Rs.1200/ per month.
According to P.W.1, her husband deposited an amount of Rs. 1,50,000/ in her name at the time of taking divorce. The compromise letter filed by the accused itself proves that P.W.1 gave the amount to A1. The relation between A1 and P.W.1 is proved through the documents filed by her.
The evidence of P.W.5 also clearly shows that they lived together as wife and husband. Unless 9 there is close relation, there is no necessity for P.W.1 to give such a huge amount to A1. Due to the closeness between and A1, P.W.1 gave that amount to A1. Her evidence also discloses that believing the words of A1 that he will marry her, she gave that amount to A1. But A1 played fraud with the belief of P.W.1 and her personal feelings. Whether it is gold or immovable property or cash, unless A1 made her believe to marry her, she would not have entrusted the amount to A1. But A1 misappropriated the said amount for his personal use, by deceiving
P.W.1. No doubt P.W.1 willfully gave that amount to accused but the reason behind that is to be seen. Since she was induced by A1 she gave that amount or gold to him. Hence, it is clear that some amount is entrusted to A1 believing him that he will marry her, and her future with A1 will be bright. Certainly A1 played fraud with P.W.1 by taking her money. Though the giving of gold ornaments and cash of Rs. 20,000/ by P.W.1 to A1 is not established, giving of money of
Rs.1,60,000/ to A1 is proved through the admission of A1 through filing the compromise letter between him self and P.W.1. Taking advantage of the confidence of P.W.1 towards him with a promise that he would marry her, he has misused the amount of P.W.1 as well as gold ornaments.
20. No doubt the document filed by the accused shows that compromise between the accused and P.W.1 by taking the amount of Rs. 2,00,000/, but it is during the pendency of this case and in the year 2011. Though the amount is paid, the entrustment of money by P.W.1 to
A1 is proved and A1 dishonestly used the amount with an intention to cheat her. P.W.1 categorically stated that after approaching the higher officials A1 approached her and gave two post dated cheques, and after some time again she joined A1 and after some time and after expiry of limitation period of two cheques, again A1 left her to her fate. Through the evidence of
P.W.1 it is clear that she has entrusted the amount to accused, though she gave that amount willfully, it is out of love and affection towards A1 to clear his debts. Taking advantage of her love and belief towards him A1 dishonestly used that amount for his own. Hence, the prosecution 10 proved the case u/s 406 I.P.C. against A1, and there is no case against A2.
21. Coming to the offence under Section 323 IPC, though P.W.1 stated that she received fracture in the hands of A1and A2, the doctor, who treated her, was not examined and no medical certificate is filed by her, and except her oral testimony, there is no other evidence to say that A1 used to beat her. Further P.W.1 herself stated that she informed the doctor that she sustained fracture injury by fall on a ground, which was not proved in any way. Moreover, the alleged incident occurred long back prior to the filing of present complaint, and after that incident also, A1 and P.W.1 lived together as wife and husband for some time. Hence, this Court has no hesitation to hold that the prosecution also failed to prove the offence under Section 323 IPC against A1. Except her oral testimony that A2 also came to her house and beat her along with
A1, no evidence is adduced by her to prove the same. Hence, no case made out against A2 also for the offence u/s 323 I.P.C.
22. Coming to the offence under Section 506 IPC, no such single incident is stated by
P.W.1 that A1 and A2 threatened her with dire consequences. Except saying that she resided with A1 and he used to make her believe that he will marry her, no abusive word or threatening words uttered by A1 and A2 towards P.W.1 were spoken to by her. Though she filed telephone bills and mini video cassette to prove the conversation between herself and A1, the said mini video cassette is not visible or audible. As such, it is not sufficient to prove the offence u/s.506
I.P.C., against A1 and A2. Hence, this Court has no hesitation to hold that the prosecution also failed to prove the offence under Section 506 IPC against accused.
23. Coming to the offence under Section 420 IPC, P.W.1 categorically stated that she along with A1 resided in so many places as wife and husband. The evidence of P.W.5 is also clear that A1 and P.W.1 resided in his house as wife and husband. The learned advocate for accused argued that making promise and subsequently failed to keep promise does not amount to offence of cheating. No doubt the contention of accused counsel has some force but at the 11 same time the element of deception at the time of making promise is also important aspect. In the present case on hand the accused A1 is a married man, and he made a promise to P.W.1 to marry her and they lived together as wife and husband. If at all he has no such deceitful intention he might have divorced his wife and then approached P.W.1 with marriage proposal. Sec.415
I.P.C. is attracted in body mind and reputation or property. In the present case on hand the accused A1 lived with P.W.1 as her husband and certainly the damage is caused to the reputation of P.W.1 when A1 left her to her fate.
24. The photographs along with negatives filed by P.W.1 clearly establishes the intimacy between A1 and P.W.1. Though P.W.1 filed so many documents such as fee receipts of her daughter saying that A1 introduced himself as father of her daughter and LIC policy in her name saying that A1 obtained the LIC bond in her name, the signature of A1 was not available in those documents. Hence, they cannot be taken into consideration. However, the photographs and the telephone bills filed by P.W.1 to prove the conversion between herself and A1 clearly establishes the case of P.W.1 that A1 got close intimacy with P.W.1 and they lived together as wife and husband. It is the case of P.W.1 that A1 promised to marry her and cheated her without marrying her and induced to get divorce from her husband and ruined her life. Except the evidence of P.W.1, the role of A2 in cheating P.W.1 through A1 is not established. Even though
P.W.1 stated that A2 took her to P.W.8 Podila Venkata Srirama Murthy, Advocate for drafting of divorce petition by showing his residential address as of her, the said P.W.8 denied the same and categorically stated that P.W.1 alone came to him for filing divorce petition, and upon the particulars furnished by her, he filed the divorce petition. During crossexamination, he categorically stated that he do not know A1 and A2 and they never approached for filing divorce petition on behalf of P.W.1. It is not the case of A1 that he is a divorced man or he never approached P.W.1 and he has no relation with P.W.1. Though P.W.1 was crossexamined at length, nothing was elicited to disprove her relationship with A1. The documents filed by P.W.1 12 proves the relationship between A1 and P.W.1 and the evidence of P.W.5 strengthens the same.
Admittedly, A1 is working as a Police Constable and while working in a responsible department, he is not supposed to allure innocent woman in a such manner by promising to marry her during the subsistence of his earlier marriage. He not only cheated P.W.1, but also cheated his own family. There is no necessity for P.W.1 to roam around the police stations and court of law by seeking justice without any just cause. No Indian woman will come out with false allegations against an unknown person by putting her chastity in public. This court is convinced with the evidence let in by the prosecution and through the evidence of P.W.1 and documentary evidence, it is proved that A1 dishonestly induced P.W.1 and deceived to marry her. Being a married man, and a responsible employee, alluring P.W.1 with false promise proves the dishonest intention of
A1. The inducement caused by the deception exercised by A1 by concealment of facts.
25. In view of the above circumstances, this Court has no hesitation to hold that prosecution has successfully proved its case against A1 for the offence under Section 406 and 420 IPC only. The prosecution miserably failed to prove its case against A1 and A2 for the offence under Sections 323 and 506 IPC beyond all reasonable doubt. The prosecution also failed to prove the offence under Section 406 and 420 IPC against A2. As such, A2 is entitled for acquittal for the offence under Sections 406, 420, 323, 506 IPC. A1 is acquitted for the charges under Sections 323, 506 IPC. A1 is liable for conviction for the offence under Sections 406 and 420 IPC.
26. In the result, A1 is found guilty for the offence under Section 406 and 420 IPC and he is convicted under Section 248(2) Cr.P.C., for the said charges. A1 and A2 are found not guilty for the offence under Sections 323, 506 r/w 34 I.P.C., A1 and A2 are acquitted u/s.248(1)
Cr.P.C. , for the said charges. A2 is also found not guilty for the offence under Section 406, 420
IPC and he is acquitted under Section 248(1) Cr.P.C. for the said charges. The bail bonds of A2 shall stands cancelled.
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27. When A1 is questioned with regard to quantum of sentence that he can be punished for a period three years for the offence under section 420 IPC and for a period of seven years for the offence under Section 406 IPC, he submitted that he got two female children and he has to look after their welfare and to look after his mother, who is aged about 70 years and he is the only earning person in his family.
28 From the record, it is seen that A1, being a Police Constable, dishonestly induced
P.W.1 to marry and failed to marry her and thereby cheated P.W.1. As such, no lenient view can be taken against him as any lenient view given to A1 under the provisions of Probation of
Offenders Act, it will encourage him to further commit such type of offence. As such, this Court is not inclined to apply any provisions of Probation of Offenders Act or Section 360 Cr.P.C.
29. Therefore, A1 is sentenced to undergo Rigorous Imprisonment for a period of SIX
MONTHS and to pay a fine of Rs.500/ (Rupees Five Hundred only) in default simple imprisonment for one month for the charge under Section 406 IPC. A1 is also further sentenced to undergo rigorous imprisonment for a period of ONE YERA and to pay a fine of Rs.500/ (Five
Hundred only) in default simple imprisonment for one month for the charge under section 420 IPC.
Both the sentences shall run concurrently. There is no remand period for A1 to be set off under
Section 428 Cr.P.C.
30. A1 is informed about his right of appeal and that if he has no means to engage a counsel to prefer appeal, he is at liberty to approach the District Legal Services Authority, Guntur to get free legal Aid.
Typed to my dictation by the Personal Assistant, corrected and pronounced by me in open court this the 25th day of APRIL , 2012.
IV ADDL. JUNIOR CIVIL JUDGE,
GUNTUR.
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Appendix of Evidence Witnesses Examined For Prosecution :For Defence :
P.W.1 Grandhi Sridevi @ Devi None P.W.2 Kolisetty Hanumantha Rao P.W.3 Gurram Venkata Seetharama Satyanarayana Rao P.W.4 Gudipalli Sambasiva Rao P.W.5 Venna Kameswara Rao P.W.6 M.Koteswara Rao, the then ASI P.W.7 M.Suryanarayana Reddy, the then SI P.W.8 Podila Venkata Srirama Murthy, Advocate.
Exhibits Marked For Prosecution :
Ex.P1 Report given by P.W.1 to the police.
Ex.P2 Certified copy of Order of divorce in HMOP No.84/03 on the file of II A.S.C.J., Guntur.
Ex.P3 Photograph with negative.
Ex.P4 Photograph with negative.
Ex.P5 Photograph with negative.
Ex.P6 School Fee card of Sarada Public School, Nehru Nagar showing A1 as father of daughter of P.W.1.
Ex.P7 Fee receipt No.13 dt.19603 issued by Sri Sai Vidyaniketan, Nadendla.
Ex.P8 LIC policy bearing No.673039327 taken by A1 in favour of P.W.1 dt.300104.
Ex.P9 Fee receipt No.135 dt.17704 of Sri Sarada Public School, Nehru Nagar, Guntur.
Ex.P10 Medical prescription issued by Dr.V.V.Narayana Rao.
Ex.P11 Medical prescription issued by Dr.V.V.Narayana Rao.
Ex.P12 Medical prescription issued by Dr.V.V.Narayana Rao.
Ex.P13 Medical prescription issued by Dr.V.V.Narayana Rao.
Ex.P14 Medical prescription issued by Dr.V.V.Narayana Rao.
Ex.P15 XRay film of P.W.1 dt.251004.
Ex.P16 Cheque bearing No.0490561 dt.28205 for Rs.80,000/ drawn Andhra Bank, Guntur in favour of P.W.1 issued by A1.
Ex.P17 Cheque bearing No.0490562 dt.28305 for Rs.80,000/ drawn Andhra Bank, Guntur in favour of P.W.1 issued by A1
Ex.P18 Telephone bill dt.15206.
Ex.P19 Receipt dt.23206 issued by Kothapet L & O P.S.,
Ex.P20 News item published in Eenadu daily dt.2206.
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Ex.P21 News item published in Andhra Jyothi dated 17306.
Ex.P22 News item published in Andhra Bhoomi dated 17306.
Ex.P23 News item published in Eenadu dated 17306.
Ex.P24 News item published in Andhra Jyothi dated 3306.
Ex.P25 News item published in Andhra Jyothi dated 2406.
Ex.P26 D.V.D. Cassette containing the voice of A1.
Ex.P27 Section 161 Cr.P.C., statement of P.W.2.
Ex.P28 Section 161 Cr.P.C., statement of P.W.3.
Ex.P29 Section 161 Cr.P.C., statement of P.W.4.
Ex.P30 Section 161 Cr.P.C., statement of P.W.5.
Ex.P31 Registered F.I.R., in Cr.No.37/06.
For Defence :
Ex.D1 Compromise letter dt.210611executed by P.W.1 in favour of A1.
IV A.J.C.J.
16
IN THE COURT OF THE IV ADDL. JUNIOR CIVIL JUDGE, GUNTUR.
CALENDAR AND JUDGMENT
DISTRICT : GUNTUR.C.C.NO.284/2006 DATE OF Offence Filing Appearance Released Commencement Closure of Sentence On bail of trial trial Prior to A18506 230206 180506 210806 A221806 130207 09042012 25042012 Explanation for the delay : This case was taken on file on 180506. On 210806 copies furnished to the accused. On 121006 accused were examined under Section 239 Cr.P.C. On 130207 P.W.1 examined in chief in part. On 29307 P.W.1 further examined and chief and Exs.P2 to P25 marked. On 291007 P.W.1 was further examined in chief and Ex.P26 marked. Subsequently, this matter is stayed by the Hon'ble High Court. On 191111 memo filed stating that stay was vacated. On 29911 P.W.2 examined and Ex.P27 marked. On 141111 P.Ws.3, 4 examined and Exs.P28 and P29 marked. On 211111 P.W.5 examine and Ex.P30 marked. On 18112 P.W.1 was crossexamined in part. On 7212 P.W.1 was crossexamined by the counsel for A1. On 6312 P.W.1 was crossexamined for A2. On 3412 P.Ws.6, 7 examined and Ex.P31 marked. On 4412 P.W.8 examined. Prosecution evidence closed. On 160412 accused were examined u/Sec.313 Cr.P.C., and Ex.D1 was marked. Heard arguments. On 25042012 judgment pronounced. Hence, delay. Name of the Complainant : SubInspector of Police, Kothapet L & O P.S., Guntur.
Crime No.37/2006. Name of the accused Father’s Name Calling Religion Age Village
1. Bole Sankara Rao, S/o.Parameswara Rao, 37 years, Near Sivalayam, Kothapet, Guntur, P.C.No.885 of Kothapet L&O P.S.
2. Kolli Mohana Rao, P.C.2263 of Rajupalem P.S., Guntur District. Nature of Offence :U/Sec.406, 420, 323, 506 r/w 34 IPC (Misappropriation, Cheating, voluntarily causing simple hurt and criminal intimidation with common intention).
Plea of accused : Not guilty.
Finding : A1 found guilty for the charge under Sections 406 and 420 IPC. A1 and A2 are found not guilty for the offences u/Secs.323, 506 r/w 34 IPC. A2 is also found not guilty for the charge u/Sec.406 and 420 IPC.
SENTENCE OR ODER: A1 is found guilty for the offence under Sections 406 and 420 IPC and he is convicted under Section 248(2) Cr.P.C., for the said charges. A1 and A2 are found not guilty for the offence under Sections 323, 506 r/w 34 I.P.C., A1 and A2 are acquitted u/s.248(1)
Cr.P.C. , for the said charges. A2 is also found not guilty for the offence under Section 406 and 420 IPC and he is also acquitted under Section 248(1) Cr.P.C. for the said charges. The bail bonds of A2 shall stands cancelled.
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A1 is sentenced to undergo Rigorous Imprisonment for a period of SIX MONTHS and to pay a fine of Rs.500/ (Rupees Five Hundred only) in default simple imprisonment for one month for the charge under Section 406 IPC. A1 is also further sentenced to undergo rigorous imprisonment for a period of ONE YEAR for the offence under Section 420 IPC and to pay a fine of Rs.500/ (Five Hundred only) in default simple imprisonment for one month for the offence under section 406 IPC. Both the sentences shall run concurrently. There is no remand period for
A1 to be set off under Section 428 Cr.P.C.
Note : Sentence of A1 is suspended till 16052012. Fine paid.
IV ADDL. JUNIOR CIVIL JUDGE,
GUNTUR.
Copy submitted to : The Hon’ble Chief Judicial Magistrate, Guntur.
Copy to :
The Superintendent of Police, Guntur Urban.