Fair Page No. 1 SC 195 of 2022
IN THE COURT OF THE SENIOR CIVIL JUDGE-CUM-ADDITIONAL
CHIEF JUDICIAL MAGISTRATE AT VEMULAWADA
PRESENT: Radhika Jaiswal,
Senior Civil Judge-cum-
Chief Judicial Magistrate, Rajanna Sircilla. FAC: Senior Civil Judge-cum-
Additional Chief Judicial Magistrate,
Vemulawada.
Friday, the 13th day of September, 2024
SESSIONS CASE NO.195 of 2022.
(On committal by Judicial Magistrate of First Class, Vemulawada vide PRC.No.08 of 2021, order dated 03.08.2022)
Name of the: The State through Inspector of Police, Police complainantStation, Vemulawada Town (Cr.No.212 of 2015). Description of the: A1. Penta Shankar, S/o Chinna Mallaiah, accusedage: 45 years, R/o Ambedkarnagar, Vemulawada Town. A.2. Kummari Shankaraiah @ Band Shankar, S/o Ashaiah, age: 44 years, R/o Ambedkarnagar, Vemulawada Town. A.3. Ragiri Madhukar, S/o Narayana, age: 56 years, R/o New Urban Colony, Vemulawada Town. A.4. Gasikanti Lingaiah @ Lazar, S/o Pochaiah, age: 73 years, R/o New Urban Colony, Vemulawada Town. A.5. Badugu Ramesh @ Joseph, S/o Ellaiah, age: 53 years, R/o Mamidipalli V/o Konaraopeta Mandal. A.6. Arelli Narsaiah, S/o Chennaiah, age: 52 years, R/o Harijanawada, Vemulawada Town. A.7. Penta Murali, S/o Gangaiah, age: 42 years, R/o Ambedkarnagar, Vemulawada Town. A.8. Hebel @ Badugu Rajaiah, S/o Rajaram,
Fair Page No. 2 SC 195 of 2022 age: 54 years, R/o Mamidipalli V/o Konaraopeta mandal. A.10. Neduri Mondaiah @ Peturu, S/o Narsaiah, age: 59 years, R/o Konaipalli, Vemulawada Town. A.13. Badni Kanukaiah @ Erukala Kanukaiah, S/o Narsaiah, age: 59 years, R/o Laxmidevipalli V/o Siddipeta mandal. A.14.DurgamSathyanarayana@ Sathyanandham, S/o Rajaiah, age: 46 years, R/o Bachaiahpalli V/o Siddipeta mandal. A.15. Suddala Bhumaiah @ Devadanam, S/o Mallaiah, age: 50 years, R/o Burugupalli V/o Boinpalli Mandal. A.16. Thabala Yohan @ Gaddam Mohan, S/o Narsaiah, age: 68 years, R/o New Urban Colony, Vemulawada Town. A.17. Vavilala Sanjeev, S/o Bhoomaiah, age: 22 years, R/o New Urban Colony, Vemulawada Town. A.18. Edelli Manohar, S/o Mallesham, age: 26 years, R/o Edurugatla V/o Vemulawada Mandal. A.19. Bojja Kondaiah, S/o Hanmaiah, age: 62 years, R/o Santhoshnagar, Vemulawada Town. A.21. Mukku Shankaraiah @ Shankar, S/o Kondaiah, age: 51 years, R/o Urban Colony, Vemulawada Town. A.22. Paradise Joseph Timothy, S/o Yella Goud, age: 55 years, R/o New Urban Colony, Vemulawada Town. (Note: A9 died, the case is split-up against A11 & A12). Charge(s): U/Secs.148, 448, 427, 324, 307, 506, 109 read with 149 of the IPC. Pleaofthe: Not guilty. accused Finding of the: FOUND G U I L T Y. Court Sentence or order: In the result, all the accused persons are found not guilty of the offences punishable
Fair Page No. 3 SC 195 of 2022 under Sections 148, 448, 427, 324, 307, 506, 109 read with 149 of the IPC and they are acquitted for the same under Section 235(1) Cr.P.C.
All the accused persons are found guilty of the offence punishable under Section 323 of IPC and they are convicted for the same under Section 235(2) Cr.P.C. All the accused/convicts are therefore sentencedto pay a fine amount of Rs.1,000/- (Rupees one thousand only) each for the offence punishable under Section 323 of IPC and in-default in payment of fine, to suffer simple imprisonment for a period of ONE MONTH. All the accused persons are
additionally to paymount of Rs.9,000/-
(Rupees nine thousand only) each as a compensation under Section 357(A) of Cr.P.C which shall be disbursed to the victims/injured after expiry of appeal time. Total fine amount of Rs.10,000/- (Rupees ten thousand only) each. All the accused persons are informed about their right to appeal before the Hon'ble Court of Sessions, Rajanna Sircilla. The office is directed to furnish fair-copy of the Judgment to the accused/convicts person as per Sec.363 Cr.P.C r/w Rule 72 of Criminal Rules of Practice at free of cost. The accused persons are also informed that if they are in need of Legal-Aid, they can approach the
Hon'ble District Legal Services Authority,
Rajanna Sircilla. Prosecution: Sri G.Laxman, Addl. Public Prosecutor. conducted by Defence: Sri. N.Thirumal Goud, Advocate for the conducted byaccused.
This case is coming before me on 30.08.2024 for final hearing in the presence ofSri G.Laxman, Additional Public Prosecutor for the State and of Sri N.Thirumal Goud, Advocate for the accused
Fair Page No. 4 SC 195 of 2022 persons; upon perusing the material papers on record, having been heard and stood over for consideration to this day, the Court delivered the following:
:: J U D G M E N T ::
1.The Inspector of Police, Police Station, Vemulawada Town has filed charge sheet against the accused Nos.1 to 19, 21 and 22 for offenses under Sections 148, 448, 427, 324, 307, 506, 109 read with 149 of the Indian Penal Code in short “the IPC” in Cr.No.212 of 2015, on the file of learned Judicial Magistrate of First Class,
Vemulawada.
2.The case of prosecution, as per the contents of the charge sheet is that on 02.07.2015 at 09.00 hours, the complainant/LW1/Molingi Suvarna Rao came to the Police Station,
Vemulawada and lodged a complaint stating that he is a pastor,
Bro. Timothy, who worked previously and was transferred to
Headquarters. Later, a civil suit filed against P.T.Timothy before the
Senior Civil Judge’s Court, but the judgment of the above suit was
given in favour of them. Keeping that issue in mind and at the instigation of P.T.Timothy, his followers namely A1 to A21 and some unknown persons came in two autos that morning at 05.30 hours, trespassed in to the church arming with iron rods, sticks by scaling over the wall while A1, A3 beat LW2/Gentyala Pradeep Kumar with
Fair Page No. 5 SC 195 of 2022 iron rods with an intention to kill him, as a result, he sustained fracture injury to right hand, A7, A8 and Gentyala Prakash beat with sticks, iron rods on the left hand while A.6, A.21, Band
Shankar caught hold and beat with sticks, A13, A14 and Bhumaiah beat LW4/Neereti Mallesham with iron rods and caused fracture injury to left hand, A.5, Pethuru, A.19 and A11 beat LW5/Kruparao with sticks severely and caused injuries to hand, Batti Komuraiah,
Kothapalli Vara Prasad/A12, Sanjeev/A17, A.18 beat LW6/Rapelli
Srinivas with sticks on the shoulder, A.16, Badugu Rajaiah/A8 beat
LW7/Gummadi Rathnam with sticks and caused injuries. The above persons also damaged the house doors of pastor by alleging to vacate the house and damaged 1) Samsung Tab new, 2) cell phone (Intex) Samsung, 3) Imported wrist watch, 4) money purse by breaking them and thrown the household articles out of the house and threatened to kill him in dire consequences to kill if he did not vacate the house. The injured persons are taking treatment at
Chanakya Hospital, Vemulawada, the above persons at the instigation of PT Timothy, have committed the offence. As such, requested for necessary action.
3.Basing on the above report, LW16/V.Laxmaiah, SIP PS
Vemulawada Town has registered a case in Cr.No.212 of 2015 under
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Sections 148, 448, 427, 307, 324, 506, 109 read with 149 of the IPC and investigated into. During the course of investigation, he examined and recorded the statement of LW1/Molingi Suvarna Rao and proceeded to Chanakya Hospital, Vemulawada and examined the recorded the statements of injured persons/LWs to 6 and 11 and gave injury forms to the doctor with a request to continue their treatment. Later, he visited the scene of offence and examined and recorded the statements of LWs.7 to 10, secured the presence of
LW13 and LW14/Kodimyala Ravi and Somineni Devadas, drew a sketch map and incorporated the details of scene in the crime details form.
3.1.While the efforts are in progress, A1 to A21 have approached the Hon’ble High Court, Hyderabad and filed Writ
Petition No.22251 of 2015, dated 17.07.2015, according, the
Hon’ble High Court, Hyderabad issued stay orders on the arrest of
petitioners only in this case, however, the investigation may go on.
3.2.Subsequently, LW17/T.Ramesh Babu, Inspector of
Police, PS., Vemulawada Town took over the investigation of this case, verified the investigation done by LW16 and found it on correct lines. Later, LW18 to LW20 took over the investigation of this case from their predecessors and filed petition to stay vacation in Hon’ble
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High Court, Hyderabad, but the Writ Petition was still pending.
Consequent transfer and posting to this police station,
LW21/O.Venkatesh, Inspector of Police, PS, Vemulawada Town took over the investigation of this case, verified the investigation done by his predecessors, found it on proper lines and filed counter petition
before the Hon’ble High Court, Hyderabad to vacate the stay orders
on the arrest of the petitioners.
3.3.On 08.09.2020, the Hon’ble High Court, TS, Hyderabad dismissed the Writ Petition No.22251 of 2015 filed by A1 to A.19,
A21 and A22 and granted anticipatory bail, directing them to furnish persons bond for a sum of Rs.5,000/- each with one surety each for the like sum to the satisfaction of the Station House Officer,
Vemulawada.
3.4.As per the directions of the Hon’ble High Court, TS,
Hyderabad, on 14.09.2020, A1 to A19, A21 and A22 came to the police station and appeared before the Station House Officer, on interrogation, they voluntarily confessed to have committed this offence and produced sufficient surety bonds further confessed that the sticks and rods which they attacked on the injurers threw away somewhere , hence they beyond recovery. Later, LW21 served notices under Section 41-A Cr.P.C to A1 to A19, A21 and A22 and
Fair Page No. 8 SC 195 of 2022 directed them to appear before the court on the date of summons issued by the court. After completion of investigation, he filed charge sheet against the accused persons.
4. The learned Judicial Magistrate of First Class, Vemulawada took cognizance of the offences U/Secs.148, 448, 427, 324, 307, 506, 109 read with 149 of the IPC against the accused persons and supplied copies of documents as required under Section 207 Cr.P.C to the accused. By order dated 03.08.2022, the learned Judicial
Magistrate of first class, Vemulawada committed the case to the
Hon'ble Court of Sessions, Karimnagar since the alleged offence
U/Sec.307 read with 149 of IPC is exclusively triable by the Hon'ble
Court of Sessions. In turn, the Hon'ble Court of Sessions,
Karimnagar made over the case to this court for disposal according to law.
5. On appearance of accused A.1 to A.8, A10, A.13 to A.19, A21 and A22 before this court and on hearing the learned Additional
Public Prosecutor and the defense counsel, this Court framed charges under section 228 Cr.P.C. for the offences U/Secs. 148, 448, 427, 324, 307, 506, 109 read with 149 of the IPC against accused persons, contents of the charge was read over and
Fair Page No. 9 SC 195 of 2022 explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.
6.During the course of trial, prosecution examined PWs.1 to 10, out of 21 listed witnesses and got marked Exs.P1 to P9. The evidence of remaining witnesses was given-up by the learned
Additional Public Prosecutor.
7.After closure of prosecution evidence, the accused persons were examined under Section 313 Cr.P.C and the incriminating circumstances appearing in the evidence of prosecution witnesses are explained to them, for which they denied the same. The accused did not choose to adduce any evidence on their behalf.
8.Heard the arguments of the learned Additional Public
Prosecutor for the state and the defense counsel. Received written submissions filed by the prosecution.
9.Now the point for determination is: Whether the prosecution has proved the guilt of the accused persons for the offences under Sections 148, 448, 427, 324, 307, 506, 109 read with 149 of the IPC against the accused persons, beyond reasonable doubt?
POINT:
10.In order to prove the case, the prosecution examined as many as ten (10) witnesses are concerned and got marked Ex.P1 to Ex.P9.
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11.The prosecution case in nut-shell is that the alleged incident occurred on 02.07.2015 at 0530 hours at Vemulawada Town, as per the complainant, he is working as pastor in Rehabothu Prayer
Church at Markendeyanagar, Vemulawada, before him, P.T.Timothy worked and he was transferred to headquarters. Later, a civil suit was filed against P.T.Timothy before the Senior Civil Judge’s Court, but the judgment of above suit was given in favor of them, keeping that in mind and at the instigation of P.T.Timothy, his followers, A1 to A21 and some unknown persons made an unlawful assembly armed with deadly weapons, criminally trespassed into the
Rehaboth Church, attempted to kill, damage of household articles, criminally intimidated and voluntarily causing simple hurt in furtherance of common intention, they caused bleeding injuries to
LWs.2 to 6 and 11, when they went in rescue of the complainant.
12.PW1 who is the complainant, as per his chief-examination that
Head Office, Abroan Church, Hyderabad sent him as a pastor to
Rehaboth Church, Markendeyanagar, Vemulawada, that Head
Office transferred Timothy, pastor, Vemulawada to Head Office, that
Timothy did not vacate the church, as per transfer orders, Head
Office filed suit to leave Vemulawada Church, wherein, the Hon’ble
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Court has pleased to pass order in their favour to continue as pastor.
13. PW1 further stated that on 02.07.2015, when they were offering prayer at 05.30 am, Rehoboth Church, Vemulawada, followers of Timothy about 20 members jumped over the wall of church, holding sticks, rods, created terrorize, threatened and beat their people, their five people sustained injuries at head, hands, leg break down, that the accused persons namely, A1 to A4, Abelu
Mamidipally, A.16, A.13, A.14, A.15, A.11, A.12 and others created terrorize, they broke down doors of living quarters, threatened him and his wife to vacate the premises or else they will see their end, that they have taken away tab No.2, intel cell phone, imported wrist watch and money purse with cash. PW1 further stated that he can identity the persons who came to church, they are in the open court on that day, then, he lodged Ex.P1 report.
13.1.In cross-examination, PW1 deposed that he took charge automatic, as no one was present there, that he was appointed through Hebron Church, which is running under indigenous society
No.114, there was no trust prior to indigenous society. He deposed that he has been working as pastor for the past 15 years. PW1 knows the contents of Ex.P1, though it passed eight years. When
Fair Page No. 12 SC 195 of 2022 he was questioned by this court about the names of the accused persons who are present in the court, PW1 answered to that question that he cannot say the names of the said persons. PW1 further deposed that prayers are offering generally in their church that every day morning, and Tuesday, Thursday and Sunday morning hours, that generally gate will be kept opened for devotees, on the day of incident, devotees were inside in the night, as such, the gate was closed, Timothy’s things were in the church, but he was not there. PW1 deposed that there is a distance between the church and the police station is about 2 kilometers, he went to the police station at about 07.00 am or 07.30 am and lodged Ex.P.1 report. PW1 deposed that one Prem, Rajareddy are cited as witnesses. He admitted that prayers are offering in the evening on
Tuesday and Thursday and in the morning on Sunday. PW1 further deposed that he along with Pradeep, Prakash, Mallesh, Prem,
Rathnam, Kruparao went to the Police Station, the police immediately registered a case, then, he returned to Church. The rest of his evidence is denial.
14.PW2 who is the eye-witness and injured in this case stated in his chief-examination that the incident occurred on 02.07.2015 when they were offering prayers at 05.30 am while A1
Fair Page No. 13 SC 195 of 2022 and A3 attacked on him, caused injury at his right hand wrist, about 21 members with an intention to kill them, jumped over the wall. PW2 identified A1 and A3 who were present in the open court and the other persons who also came to the church, broke down pastor’s doors, beat him and broke down Samsung mobile phone, tab, wrist watch and other things.
14.1.In cross-examination, PW2 deposed that they have been residing at Vemulawada for the past twenty years. PW2 deposed that devotees may offer prays at morning, afternoon and evening hours as per their wish. He deposed that on the day of the incident, they went at 04.30 am., gate was closed after entering into prayer, prayer will remain as per devotees wish and their prayer continued more than one hour. PW2 further deposed that A1 beat him with stick and A3 beat him with rod. PW2 deposed that he went to the hospital firstly, later, he went to the police station at 06.30 a.m.
The rest of his evidence in cross-examination is denial.
15.PW3 who is another eye-witness and injured in the incident stated in his chief-examination that on 02.07.2015, on
Thursday, at 05.30 am they were offering prayer, while followers of
Timothy, jumped over the wall and entered into the church, attacked them with sticks and rods, at that time, A7 and A8 beat
Fair Page No. 14 SC 195 of 2022 him on his left hand elbow, they tried to kill him, but he escaped from the gate, later, they broke down things of pastor.PW3 stated that he can identify who beat him and he identified A7 and A8.
15.1.In cross-examination, PW3 deposed that prayers started at 05.00 am, their committee members were present along with him, as quarrels relating to society and trust, as such, they slept at night. PW3 admitted that the wife of Timothy registered a criminal case against him/PW3, PW4, LW7/Gummadi Rathnam, PW6,
LW11/Chinthala Gangaiah, PW8, LW13/Kodimyala Ravi and
LW14/Somineni Devadas, which was settled before Lok Adalat on 07.12.2017. PW3 deposed that Suvarna Rao belongs to society.
PW3 deposed that PW1, along with PW2, PW4 and he went to the police station and lodged Ex.P1 and they went to the hospital. The rest of his evidence is denial.
16.PW4 who is another eye-witness and injured in the incident stated that on 02.07.2015, in Rehaboth Church,
Markendeya Colony at 05.30 am they were offering prayer, at that time, at about 21 persons jumped over the wall and entered into the church and attacked them, the persons who are present in the court, were the persons entered into the church. PW4 stated that
A14 and A15 beat him, he identified them. PW4 stated that they
Fair Page No. 15 SC 195 of 2022 beat him on his left hand wrist with stick and rod, all 21 members beat PW2, PW3 and Chinthala Bhumaiah, that PW2 sustained injury on hisright hand, PW3 sustained injury on his left hand.
PW4 stated that they broke down doors of Suvarna Rao, thrown his things outside and damaged Samsung phone, purse and laptop, then, they went to the police station and lodged complaint.
16.1.In cross-examination, PW4 deposed that prayers are offered in Sunday, Saturday and rest of the days at evening, they slept in the church before the incident, as they had work. PW4 deposed that the wife of Timothy registered a criminal case against him and others and the same has been deposed in the evidence of
PW3. PW4 deposed that generally gate will be opened while prayer was going on. He admitted that two persons beat him, others did not beat him. PW4 deposed that they went to the police station at 06.00 am and after lodging report, they returned to church. PW4 deposed that he converted into Christian about 23 years ago and used to visit church, Timothy was pastor. The rest of his evidence in cross-examination is denial.
17.PW5 who is another eye-witness and injured in the incident stated in his chief-examination that on 02.07.2015, at morning hours, the incident occurred, that in the night before the
Fair Page No. 16 SC 195 of 2022 incident, after completion of prayer, they slept, that about more than 20 members jumped over the wall and entered into the church, beat indiscriminately and they entered into the pastor’s room where they broke down watch, purse, tab and caused pell mell of things, they dialed to police, who came within 10 minutes. Later, they went to Chanakya Hspital. PW5 stated that A.7 beat him. A9 also beat him, who is no more.
17.1.In cross-examination, PW5 deposed that about 7 or 8 members slept in the church namely Thomas @ Chinna Mallesham,
Prem Kumar, Prakash, Pradeep, Kruparao, Chinthala Gangaiah,
Gummadi Rathnam, etc. PW5 deposed that they were awakened by the time, accused entered into the church. PW5 deposed that prayer will be offered every day, the day on 02.07.2015 at night be
Thursday. When PW5 was questioned regarding identification of
A7, he said yes, he identified him in the court who is in the dock.
PW5 including Thoma, Prem Kumar, Prakash, Pradeep, Rathnam,
Chinthala Gangaiah lodged a report, as they went to the police station at about 06.30 to 07.00 am, then, they went to the hospital.
18.PW6 who is another eye-witness and injured in the incident stated in his chief-examination that on 02.07.2015 at about 5.30 am, he went to offer his prayer, while some persons
Fair Page No. 17 SC 195 of 2022 jumped over the wall and quarrel was going on, at that time, he was standing at the gate, that some persons were injured, that door broke down, bureau, bed, phone were broken down.
18.1.In cross-examination, PW6 deposed that PW2 and PW3 are his younger brothers. PW6 admitted that the wife of Timothy filed a criminal case against him, prior to this case. PW6 deposed that he has been running business at Vemulawada, but his residence is at Sircilla. PW6 admitted that he did not enter into the church on 02.07.2015. PW6 deposed that they have been following
Christianity from his father and their church is Rehboth prayer house. He deposed generally that prayers are offered on daily. He admitted that prayers are offered in the morning on Sunday, evening on Tuesday and Thursday. PW6 deposed that the wife of
Timothy compromised her case. In a question, he deposed that A1 and A4 beat him. He also deposed in a question regarding injuries sustained, PW6 answered that PWs.2 to 5 and Gangadhar @
Ermiya. The rest of his evidence is denial.
19.PW7 who is the eye-witness and injured stated in his chief-examination that on 02.07.2015, at about morning hours, he came out from his house, heard noise, found group of people about 20 to 30, he went inside of home, he again came out from home and
Fair Page No. 18 SC 195 of 2022 again found the presence of group of people, things were thrown outside, they are Christians. PW7 stated that the disputes had been going there so he thought this was also like that, that the disputes regarding old and new pastors.
19.1.In cross-examination, PW7 deposed that his house is 100 meters away from the church. He deposed that they thrown away things belonging to old pastor.
20.PW8 who is the independent witness stated in his chief- examination that on 02.05.2015, Suvarna Pal conducted prayer meeting at Rehboth church, at Vemulawada, it remained till night, as there was a rain, so, they stayed in the church in the night as per instructions of Suvarna Pal. PW8 submitted that on the next day early in the morning, they were inside the church, with closure doors, about 20 odd public jumped over the wall, attacked them, the public are supporters of Joseph Timothy and when they were attacking them, he escaped by opening the door. PW8 further stated that by the time of attack, there had been disputes between society and trust. PW8 further stated that Timothy came to know that they got status-quo in Karimnagar Court, as such, Timothy hatched a plan to enter into the church as if he was also inside church to apply status-quo to him, it is understood later.
Fair Page No. 19 SC 195 of 2022 20.1.In cross-examination, PW8 admitted that Timothy got registered a case against him and some others for the alleged attack on Timothy. According to PW8, Hebel @ Badugu Rajaiah, two names belonging to one person, those are not two persons.
21.PW9 who is the doctor, treated PWs 2 to 5,
LW5/Samudrala Krupa Rao and LW11/Chinthala Gangaiah and he stated in his chief-examination that he examined G.Pradeep/PW2,
G.Prakash/PW3, Mallesham/PW4, R.Srinivas/PW5, Kruparao, as out-patients, on 02.07.2015 in the morning hours, at about 8.30 to 8.50 hours at Chanakya Hospital, Vemulawada. Accordingly, PW9 treated PW2, who sustained contusion on right hand, and over left thigh. PW9 also treated PW3, who sustained injuries contusion on left arm. PW9 also treated PW4, who sustained injuries contusion on left wrist, contusion over left hip. PW9 also treated PW5, who sustained injuries contusion on left shoulder. PW9 also treated
LW5/Samudrala Kruparao, who sustained injuries contusion on right elbow and contusion over right thigh, and he also treated
LW11/Chinthala Gangaiah, who sustained injuries contusion on left hip. The above all injuries received by them are simple in nature and accordingly PW9 issued medical certificates marked as Ex.P2 to
Ex.P7 respectively.
Fair Page No. 20 SC 195 of 2022 21.1.In cross-examination, PW9 deposed that the injuries under Ex.P2 to Ex.P7 may be possible if they fell down themselves, but he treated the victims in Chanakya Hospital, Vemulawada.
22.PW10 who is the Investigating Officer who filed charge sheet in this case stated in his chief-examination that basing on a complaint, LW16 registered a case, who examined and recorded the statements of injured persons in the Chanakya Hospital,
Vemulawada, visited the scene of offence, conducted crime detail form and during his investigation, he collected the Writ Petition
Order of the Hon’ble High Court, Hyderabad, served noticed to the accused persons under Sections 41-A Cr.P.C and after furnishing sufficient surety bonds, instructed them to appear before the court on receipt of summons and he also collected medical certificates of injured persons and after completion of investigation, he filed charge sheet against the accused persons.
22.1.In cross-examination, PW10 deposed that PW1 came to the police station at 09.00 hours on 02.07.2015 and gave complaint, which is marked as Ex.P1. He deposed that he did not recover any items like damage of tab, cell phone, watch and money purse from the spot. PW10 deposed that he did not disclose the height of the
Fair Page No. 21 SC 195 of 2022 wall of the church compound wall in his investigation. Except that nothing is elicited in favor of the prosecution.
23.The essential ingredients of Section 148 read with 149 of the
IPC, as discussed hereunder:
Section 148 of IPC:
Whoever is guilty of rioting, being armed with a deadly
weapon or with anything which, used as a weapon of offense, is
likely to cause death.
Section 149 of IPC:
Every member of unlawful assembly, guilty of offence committed in prosecution of common object.
24.The prosecution must have to prove that all the accused were armed with deadly weapons or with something which was likely to cause death, when used as a weapon of offense. Secondly, the offence committed by any of the members/accused of unlawful assembly having common object, whereas, as per the evidence discussed above, The prosecution witnesses examined namely PWs 1 to 8 who deposed that all the accused persons arrived at the place of offense, armed with deadly weapons, such as, sticks and iron rods, used them as weapons, is likely to cause death of PWs.1 to 7 including others who sustained injuries, as shown in Ex.A2 to
Ex.A7, issued by PW9. But, however, the investigating officer
Fair Page No. 22 SC 195 of 2022 examined as PW10 deposed that he could not recover any of the weapon from the spot or from the possession of any of the accused to corroborate the evidence of PW1 to PW8 to say that any of the accused were armed with any deadly weapons, on the alleged date of incident and was found on the spot as alleged by the complainant and injured persons, therefore, prosecution failed to establish that all the accused persons were armed with deadly weapons with a common object for committing of rioting and formed unlawful assembly for committing offence as common object and therefore failed to prove the ingredients of Section of 148 and 149 of IPC.
25. Now coming to Section 448 read with 149 of IPC:
The ingredients to be proved by the prosecution is that:
(i).The complainant was in possession of the property/church where the offence took place on 02.07.2015 at 0900 hours.
(ii).The said property/church consists of building, tent or vessel used as human dwelling or building used a place of worship or for the custody of the property.
(iii).All the accused persons entered into such property on 02.07.2015 at 0900 hours and remained their unlawfully for creating an offence.
Fair Page No. 23 SC 195 of 2022
26.The prosecution witnesses examined namely PWs 1 to 8 who deposed that all the accused persons trespassed into the church, with an intention to use, by illegal means, as their custody of the church. Prosecution by the evidence of the complainant though stated that as per the orders of Head Office Abroan Church,
Hyderabad sent him as a pastor to Rahoboth Church,
Markandeyanagar, Vemulawada, but the prosecution failed to file any such transfer proceedings along with Ex.P1 report to say that on 02.07.2015 he took charge of the concerned church and was residing in the church as in-charge. So, the basic ingredient that the complainant was in the possession of the property where the offence took place is not established by the prosecution beyond reasonable doubts which was also elicited by the defence counsel in his cross-examination to the prosecution witnesses. When the first basic ingredient of Section 448 read with 149 of IPC is not established, then coming to the point that all the accused persons entered into the place of worship is not established since there is no documentary evidence filed by the prosecution to establish the possession of the complainant and therefore the prosecution failed to establish the ingredients of Section 448 read with 149 of IPC against the accused persons.
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27. Now coming to Section 427 read with 149 of IPC: Whether
prosecution could establish the said offence against all the
accused persons, beyond reasonable doubts? The ingredients to
be established for Section 427 of IPC that:
i).All the accused persons must have the intention and knowledge to commit an act that may cause loss and damage to the property/church or its articles.
ii).The value of loss and damage must be rupees fifty or upwards.
28.The prosecution witnesses examined namely PWs 1 to 8 who deposed that all accused kept in mind, P.T.Timothy and his followers intentionally committed an offence and caused loss to PW1 and the doors of the church,
29.It is the case of the complainant, as per his evidence, that the accused persons broke the doors of the quarters and taken away his cell phone, tab No.2, imported wrest watch and the money with cash, whereas, it is not the case of the complainant himself that any property damage of the church or its articles. As per the version of the complainant, his personal items were taken away by all the accused persons, but as per the evidence of investigating officer/PW10, now whisper was made that any of the church articles were found damaged when crime details form was conducted even the panch witnesses of crime details form were not examined by the
Fair Page No. 25 SC 195 of 2022 prosecution stating that they were died and report filed by the police.
30.The other injured were examined by the prosecution like PW2,
PW3, and other witnesses also did not state that the church property was destroyed by any of the accused persons on the alleged date of incident. However, their evidence is that pastor room was destroyed, but whether PW1 was the pastor on that date, there is no documentary evidence filed by the prosecution, because the pastor is the correct person to say on the aspect whether any church property was destroyed or whether the pastor room is situated inside the church, there is no clarity brought by the prosecution witnesses by the prosecution. Even no photographs are filed by the investigating officer to show the damage or loss done to the property on the alleged date of incident to attract the ingredients of Section 427 of IPC against all the accused persons, therefore, prosecution failed to establish the ingredients of Section 427 read with 149 of
IPC against all accused persons, beyond all reasonable doubts.
31. Now coming to the ingredients of Section 307 read with
149 of IPC: Whether the prosecution could be able to establish
the same, beyond all reasonable doubts on all the accused
persons?
1.Prosecution must establish that all the accused persons with an intention of causing death and having knowledge that their act
Fair Page No. 26 SC 195 of 2022 would cause bodily injury to the injured persons had committed the act of attempt to murder on 02.07.2015 at 0900 hours at the church mentioned above.
32.Whereas, as per the discussion above, no weapons are seized from the possession of any accused persons as per the version of investigating officer to say that all the accused persons were armed with deadly weapons on 02.07.2015 at 0900 hours and were found at the church mentioned above.
33.When it is alleged that all the accused persons have attempted to kill the injured persons so accused persons must have any weapon or otherwise they must be intention to commit murder.
Whereas, it is the case of prosecution witnesses that all the accused persons were with deadly weapons so why neither one of the persons was killed on the spot was not explained by the prosecution. No bloodstained clothes were recovered from the injured persons and no photographs of the injured persons were taken. The injuries mentioned by the doctor, examined as PW9 in medical certificates, marked as Ex.P2 to Ex.P7 also does not reflect that the place is shown in the medical certificate of the body is that there was an intention to kill to the injured persons. All the medical certificates showed the injuries are simple in nature. If accused wanted to kill all injured persons, they would have attacked so hard
Fair Page No. 27 SC 195 of 2022 that they would have sustained at least grievous injuries. Therefore, by this prosecution failed to establish that all the accused persons with an intention or knowledge above their acts that it would attempt to murder to the injured persons have done the same, therefore, the prosecution failed to establish the ingredients of section 307 read with 149 of IPC against all the accused persons.
34. Now coming to the ingredients of Section 506 read with
149 of IPC: Prosecution must establish that all the accused
persons did an act with an intention to cause alarm to the
victims and also caused victims to perform the act which they
were not legally bound to?
35.By the evidence of prosecution witnesses, none of the prosecution witnesses deposed that they were doing any such act on 02.07.2015 at 0900 hours on the spot, but all the accused persons have threatened them to any such act which they were not legally bound to do.
36.The evidence of LW7/Rathnam, LW9/Venkatkrishna who are cited as eye-witnesses to the case as per the charge sheet and their evidence was given up by the prosecution. The other evidence of
PWs 6 to 8 who are cited as eye-witnesses evidence is not corroborated with each other and there are contradictions which are brought during the cross-examination by the learned defence
Fair Page No. 28 SC 195 of 2022 counsel. More over PW7 admitted that his house is very far from the spot. None of the witnesses stated that all the accused persons have committed the offence as required for proving the ingredients of Section 506 read with 149 of IPC against the accused persons, beyond all reasonable doubts, therefore, the prosecution failed to establish the offence under Section 506 read with 149 of IPC against all the accused persons.
37. Now coming to the ingredients of Section 324 of the IPC:
i). Prosecution must establish that all the accused persons are caused bodily pain disease or infirmity,
ii). They did so to the victims on 02.07.2015 with an
intention and knowledge that their acts will cause pain and disease infirmity to the victim. iii). It was done improvoked. iv. It was caused with dangerous weapons.
38.As per the evidence discussed above and on personal of charge sheet filed by the Investigating Officer, there are six injuredpersons shown in the charge sheet, whereas, only four victims were examined, and the evidence of other victims was given up by the prosecution.
39.Among other four injured persons/victims i.e., PW.2/Pradeep
Kumar, PW3/Praksh, PW4/N.C.Mallesham and PW5/R.Srinivas evidence is corroborated with each other with regard to happening of the incident on 02.07.2015 at 0900 hours at the spot.
Fair Page No. 29 SC 195 of 2022
40.However, their evidence is that all the accused persons have attacked on them and caused hurt with dangerous weapons but as discussed above, no such weapons is seized by the investigating officer to corroborate their versions to the extent of the accused persons were with dangerous weapons attached the injured persons.
41.However, only for this one point, the case of the prosecution cannot be brushed aside, because the evidence of injured persons
PW2, PW3 and PW4 and PW5 are corroborated with the evidence of doctor who is examined as PW9 and given the medical certificates which are marked by the prosecution as Ex.P2 to Ex.P5. Ex.P2 to
Ex.P5 shows that PW2 received contusion on right hand, and over left thigh and PW3 received injuries contusion on left arm and PW4, received injuries contusion on left wrist, contusion over left hip and
PW5 received injuries contusion on left shoulder and all injuries are simple in nature as per the report of doctor.
42.So, prosecution though not able to establish the ingredients of
Section 324 read with 149 of IPC against all accused persons, beyond all reasonable doubts, but able to establish that the ingredients of Section 323 of IPC against all the accused persons, beyond all reasonable doubt.
Fair Page No. 30 SC 195 of 2022
43.However, as per Section 222 of Cr.P.C which reads as:
When offence proved included in offence charged:
(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2)When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3)When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. (4)Nothing in this section shall be deemed to authorize a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.
44.Therefore, since the charge of Section 324 read with 149 of IPC was already framed against all the accused persons basing on section 222 Cr.P.C., the charge under Section 323 of IPC against all the accused persons is not required.
45.Therefore, the prosecution could be able to prove the ingredients of Section 323 of IPC against all the accused persons, beyond all reasonable doubts.
Fair Page No. 31 SC 195 of 2022
46.In the result, all the accused persons are found not guilty of the offences punishable under Sections 148, 448, 427, 324, 307, 506, 109 read with 149 of the IPC and they are acquitted for the same under Section 235(1) Cr.P.C. All the accused persons are found guilty of the offence punishable under Section 323 of IPC and they are convicted for the same under Section 235(2) Cr.P.C.
Typed to my dictation on computer directly, corrected and
pronounced by me in the open Court on this the 13 th day of
September, 2024.
SENIOR CIVIL JUDGE-CUM-
CHIEF JUDICIAL MAGISTRATE
RAJANNA SIRCILLA.
FAC: SENIOR CIVIL JUDGE-CUM-
ADDL. CHIEF JUDICIAL MAGISTRATE,
VEMULAWAD.
47.All the accused persons are questioned with regard to quantum of sentence to be imposed. All the accused stated that if they were sent jail, they would sufferand prayed this Court to take lenient view in imposing sentence". The offence against the accused persons under Section u/s 323 of the IPC and the accused persons age is more than 21 years as such they are not entitled to the benefits either under Section 360 of Cr.P.C or provisions of P.O. Act.
48.All the accused/convicts are therefore sentenced to pay a fine amount of Rs.1,000/- (Rupees one thousand only) each for the
Fair Page No. 32 SC 195 of 2022 offence punishable under Section 323 of IPC and in-default in payment of fine, to suffer simple imprisonment for a period of ONE
MONTH.All the accused persons are additionally to pay an mount of Rs.9,000/- (Rupees nine thousand only) each. Total fine amount of Rs.10,000/- (Rupees ten thousand only) each. Out of fine amount collected, the amount of Rs.9,000/- (Rupees nine thousand only) each shall be paid to the victims/injured persons, after expiry of appeal time, as compensation, under Section 357 (A)
Cr.P.C. The office is directed to prepare for the same.
49.All the accused persons are informed about their right to appeal before the Hon'ble Court of Sessions, Rajanna Sircilla. The office is directed to furnish fair-copy of the Judgment to the accused/convicts person as per Sec.363 Cr.P.C r/w Rule 72 of
Criminal Rules of Practice at free of cost. The accused persons are also informed that if they are in need of Legal-Aid, they can approach the Hon'ble District Legal Services Authority, Rajanna
Sircilla.
Typed to my dictation on computer directly, corrected and
pronounced by me in the open Court, on this the 13 th day of
September, 2024.
SENIOR CIVIL JUDGE-CUM-
CHIEF JUDICIAL MAGISTRATE
RAJANNA SIRCILLA.
FAC: SENIOR CIVIL JUDGE-CUM-
ADDL.CHIEF JUDICIAL MAGISTRATE,
VEMULAWAD.
Fair Page No. 33 SC 195 of 2022
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION: FOR DEFENSE: PW-1: M.Suvarna Rao -None- PW-2: G.Pradeep Kumar PW-3: G.Prakash PW-4: N.Chinna Mallesham @ Thomas PW-5: R.Srinivas. PW-6: G.Prem Kumar PW-7: D.Raji Reddy. PW-8: S.Sanjev. PW-9: Dr.R.Mahesh Rao. PW-10: O.Venkatesh.
EXHIBITS MARKED: FOR PROSECUTION: Ex.P.1: Report of PW1 to police. Ex.P.2: Medical Certificate of PW2 issued by PW9. Ex.P.3: Medical Certificate of PW3 issued by PW9. Ex.P.4:Medical Certificate of PW4 issued by PW9. Ex.P.5:Medical Certificate of PW5 issued by PW9. Ex.P.6:Medical Certificate of LW5 issued by PW9. Ex.P.7:Medical Certificate of LW11 issued by PW9. Ex.P.8:First Information Report. Ex.P.9: Crime Detail Form.
FOR THE DEFENSE : -Nil-
MATERIAL OBJECTS MARKED
-Nil-
SENIOR CIVIL JUDGE-CUM-
CHIEF JUDICIAL MAGISTRATE
RAJANNA SIRCILLA.
FAC: SENIOR CIVIL JUDGE-CUM-
ADDL.CHIEF JUDICIAL MAGISTRATE,
VEMULAWAD.