Smt. Saritha Yalavarthi

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IN THE COURT OF THE ADDITIONAL JUDICIAL MAGISTRATE OF FIRST

CLASS : GIDDALUR

Present: Smt. Y. Saritha,

Addl. Judl. Magistrate of First Class, Giddalur

Monday, this the Twenty Fourth (24th) day of June, 2019

Calendar Case No. 581 of 2018

Between:

State Represented by the sub-Inspector of Police, Giddalur P.S.…Complainant

And

Indla Venkateswarlu @ Samuel, S/o. Subbarayudu, 20 years, Yanadi by caste, N/ o. Kothuru Thanda Village, Gajulapalli Mandal, Kurnool District, now residing at Vellupalli Village, Giddalur Mandal. (A4)

..... Accused

Absconding Accused:

1. Savaram Sivaiah (A1).

2. Gijjara Guruvaiah (A2).

3. Indla Subbarayudu (A3).

This case has came before me on 12-06-2019 for final hearing in the presence of Assistant Public Prosecutor for the Prosecution and Sri S. Osman

Shareef, Advocate for the accused and the matter having been stood over for consideration till this day, the Court delivered the following:

J U D G M E N T

1.The Sub-Inspector of Police, Giddalur Police Station laid charge sheet vide in crime No. 144/2018 for the offences under section 457, 380 or 411 of Indian

Penal Code against the accused.

2.The brief facts of the prosecution case are that P.W.1 is the resident of Giddalur Village and his brother is working in Army and his mother is living at

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his brother’s house. At about one week back his mother went to his siter house at Hyderabad to see her. On 01-08-2018 at about 6.00 am he received a phone call from L.w.2, the neibour of his brother’s house and that his brother’s house lock was broken and gates are opened, having received the information, then,

P.W.1 along with L.w.3 immediately rushed there.They found unknown culprits were broken the lock of the house and committed theft in the house and stolen one gold ring and cash of Rs. 6,000/- total worth of Rs.15,000/-. On that P.W.1 went to the police station and lodged a report about the occurrence.

3.On 19-09-2017 at 11.00 hours, P.W.7/K.Mallikahrjuna, S.I of Police,

Giddalur registered the report of P.W.1 as a case in Cr. No. 144/2018 u/sec. 457, 380 or 411 of I.P.C. of Giddalur P.S. and submitted the original F.I.R. to the Court and took up investigation. During the course of investigation, P.W.7 examined

P.W. 1 and L.Ws. 2 to 5 namely Shaik Mahaboob Basha, Shaik Masthan, Shaik

Fathima, Shaik Chinna Masthan, Shaik Jummabee, respectively and recorded their statements u/sec. 161 (3) Cr.P.C. Then, P.W.7 visited the scene of offence and drawn a rough sketch of the scene of offence.

4.On 11-08-2018 at 13.00 hours P.W.6/V.Sri ram, CI of Police arrested the accused A4 at Kasinayana Temple, near Vellupalli Village, Giddalur mandal under cover of mediators’ report duly attested by P.Ws. 2 & 3 in which the accused A4 voluntarily confessed to have committed an offence along with

Accused 1 to 3 in this case. P.W.6 seized one gold ring and cash of Rs. 6,000/- in this case under cover of mediator’ report duly attested by P.Ws. 2 & 3.

Further P.W.6 forwarded the accused A4 to the Addl. Judl. Magistrate of First

Class

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Court, Giddalur along with remand report and sent him for remand. On 19-08- 2018 P.Ws. 4 & 5 conducted the property identification perade by P.W.1 at

Panchayat Office of Giddalur village on the same day at about 14.00 to 15.00 hours.

5.In this case, A1 to A3 are still absconding since the time of offence.

Hence, the case is splitup against A1 to A3. After completion of investigation,

P.W.7 filed charge sheet against A4 in this case.

6.The case was taken on file for the offences punishable under section 457, 380 or 411 of Indian Penal Code against the accused by my predecessor on 13- 12-2018.

7.After producing the accused from Sub Jail, Markapur, on 28-12-2018 copies of case documents were furnished as contemplated under section 207

Criminal Procedure Code.

8.After producing the accused from Sub Jail, Markapur, on 17-01-2019, the accused was examined under section 239 of Criminal Procedure Code, the charges u/sec. 457, 380 or 411 of Indian Penal Code are framed against the accused. The charges levelled against the accused have been read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.

9.In order to prove the case, prosecution has examined P.Ws.1 to 8 and

Exs.P1 to P6 got marked besides M.Os.1 . The evidence of L.Ws.2 to 5 namely ,

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Shaik Masthan, Shaik Fathima, Shaik Chinna Masthan, Shaik Jummabee respectively has given up by the learned A.P.P.

10.After closure of prosecution evidence, on 27-05-2019 accused was examined under section 313 of Criminal Procedure Code, by explaining the incriminating material appearing in the prosecution evidence against him, for which he denied the same and reported no defense evidence.

11.Heard the learned Assistant Public Prosecutor for prosecution and learned counsel for the accused.

12.Now the point for consideration is;

Whether the prosecution has established the guilt of the accused

for the offences punishable under section 457, 380 or 411 of Indian

Penal Code beyond all reasonable doubt?

13. P O I N T:-

To prove this case the prosecution examined P.W.1 to P.W.8. P.W.1/ Shaik

Mahaboob Basha, deposed in his evidence to the extent that on 01-08-2018 at 6.00hours while he was at his house received phone call from the L.W.2 who is the neighbour of his brother’s house that the house door locks were broken open by some unknown culprits.

The immediately L.W.1 along with L.W.3 went there and found theft of one gold ring and cash of Rs.6,000/-, and then he went to the police station and lodged a report, Ex.P1.

14. After few days police informed her that some stolen property recovered from some unknown offenders and conducted Property Identification parade at panchayat office on 19-08-2018 in the presence of P.W.4 and P.W.5 identified M.O 1 and and produced

before the court on 19-08-2018.

15. As seen from the entire evidence on record there is no direct evidence for the offence of house breaking by night as required U/sec.457 IPC. So also there is no direct

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evidence for commission of theft in the house of P.W.1 as required U/sec. 380 IPC. P.W.1 categorically deposed that during the absence of his mother some unknown offenders gained entry into the house by broken open the locks of the doors. There was no direct witnesses for the said theft and house breaking. No one witnessed the same. As such there is no incriminating material against the accused with regard to the offence U/sec.

457 and 380 IPC. Even otherwise the alleged confession of the accused to P.W.6 Circle -

Inspector of police in the presence of P.W.2 and 3 in respect of commission of house breaking and theft is inadmissible and cannot be proved. The said confession of accused is hit by Sec. 25 and 26 of Indian Evidence Act. However the same is relevant only to the extent of recovery as provided U/sec. 27 of Indian Evidence Act. As such the prosecution failed to produce any evidence in order to prove the offences U/sec. 457 or 380 IPC against the accused. Hence these offences U/sec. 457, 380 IPC are not made out.

16. Apart from the above charges this court also framed charge U/sec. 411 IPC in the alternative. Now it has to be seen whether prosecution proved the alternative charge

U/sec. 411 IPC beyond all reasonable doubt.

Sec. 411 IPC reads as follows:

Dishonestly receiving stolen property: “Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”.

Though there is no evidence for alleged house breaking and theft, prosecution relied on the evidence of P.W.6 to prove that accused was in possession of stolen property and he dishonestly concealed the stolen property in the forest area near

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Vellupalli village, in the presence of mediators PWs 2 and 3, P.W.6 recovered the stolen property.

17.The theft committed by unknown offenders in the house of P.W.1 is not in dispute.

It is sufficiently established by the prosecution and not denied by the defence and also that

M.O.1 belongs to P.W.1 and that is subject matter of theft. Thus it is undisputed fact that

M.O.1 and cash is the stolen property. As defined U/sec. 411 IPC. It is the allegation of prosecution that accused committed the theft and the stolen property M.O.1 is the property recovered from Accused along with the other properties with regard to other seven cases by P.W.6 from the temporary residence erected by them in the forest area near Vellupalli Village.

18. One of the mediators Golla Madhu Kiran (P.W.2) deposed that on 11-08-2018 at 10-00 a.m. while he was at M.R.O. office Giddalur Police called him to the station along with P.W.3/ Pasupuleti Khadar Vali who is the another mediator in this case while arresting the accused and seizing the property and asked them to act as mediators in a theft case.

They went near Kasinayana Ashramam and found the accused under suspicious circumstances and arrested the accused and also they recovered the said stolen property and also the properties relating to 8 cases from the accused near the temporary residence erected by the accused in the forest area which is 4 KM away from Vellupalli Village, dig out and showed the bag with cash and gold ornaments and one motor along with M.O.1 to

M.O.3 and also the accused confessed that it was the stolen property and he used to commit offences along with his relatives in different areas . Then police arrested and seized the property in front of them under the cover of EX.P3/the arrest mahajarnama and seizure nama. He also deposed in his cross examination that the police constable prepared Ex.P2 in their presence. The evidence of P.W.2 is corroborated with the evidence of P.W.3 who is independent witness.

19. The Circle -Inspector of police, Giddalur (P.W.6) deposed that on credible information he secured the mediators P.w.3 and P.w.4 and proceeded to Kasinayana

Ashram near Vellupalli village and apprehended the accused herein. He confessed the commission of various offences along with his relatives in Racherla and Giddlur Mandals and that they committed nearly eight property offences including the present case. The

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accused herein confessed that he committed the theft of present case including the seven other cases. As all these particulars of other offences are not relevant to discuss here this court is confined to the extent of the confession and recovery connected to this case only.

According to P.w.6 first confession of the accused was recorded under Ex.P2/

Confession report dt. 11-08-2018 at Kasinaya Ashramam on the confession of the accused. Thereafter they proceeded to the nearby forest area along with mediators and recovered the properties with regard to different theft cases near the temporary residence erected by the accused in the forest area, near Vellupalli village under the cover of Ex.P3/

Arrest Mahajar. Later, P.W.6 arrested the accused in the presence of mediators and seized the property.

20.On 16-08-2018 he conducted property identification parade at Municipal Office,

Giddalur in the presence of Mediators i.e. L.w s 4 and 5 and the property of M.O.1 was identified by Pw1. The proceedings were drafted in the presence of Mediators. P.W.4 and 5 deposed in their evidence that they were called by the police to conduct the property identification parade and to act as mediators and M.O.1 was identified by P.W.1, Ex.P4 is the property identification mahazar. The evidence of Pw.4 and 5 are corroborating with each other. Hence the evidence of P.W.4 to 6 is consistent with regard to the material aspects and inspires the confidence of this court.

21.On overall perusal of evidence on record it is sufficiently established that on the confession of accused under Ex.P2, police proceeded to the forest area of vellupalli village along with mediators (P.W.2 and P.W.3) and recovered the property relating to 8 cases. The evidence of P.W.6 is fully corroborated in this aspect. I have no reason to disbelieve the evidence of P.W.6 in this regard. When the accused concealed the stolen property in a forest area, before his temporary residence erected by the accused beneath a boulder, it shows the dishonest intention of the accused to conceal the property.

Moreover accused failed to account for his possession of M.O.1 along with other properties during said relevant time. It is sufficiently proved that accused was in possession of M.O.1 along with other stolen property. As such the prosecution proved the ingredients for the offence U/sec. 411 IPC. against accused beyond all reasonable doubt.

Hence the point is answered accordingly.

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22.In the result, accused found not guilty for the offences under Section 457 and 380

I.P.C and the accused is acquitted under Section 248(1) Cr.P.C. for the said offences.

However the accused found guilty for the offence under Section 411 I.P.C ( alternative charge) and the accused is convicted under Section 248(2) Cr.P.C.

Typed to my Dictation by the Personal Assistant, corrected and pronounced by me in the open court on this the24th day of June, 2019.

(Sd/- Y.Saritha)

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR.

23.When the accused is questioned with regard to the quantum of sentence he reported Nil.

24. It is not a fit case where to invoke the probation of offender Act or Sec. 360 of

Cr.P.C. The remand period of accused from 18-08-2018 to 24-06-2019 shall be Set-Off as against the term of imprisonment as per Sec.428 of Cr.P.C. The accused is sentenced all in eight cases the given punishment against the accused shall run concurrently. The case property M.O.1 shall stand hold good after appeal time is over.

25. In the result, the accused found guilty for the offence under Section 411 I.P.C (alternative charge) and the accused is convicted under Section 248(2) Cr.P.C. However, the accused found not guilty for the offence under Section 457 and 380 I.P.C and the accused is acquitted under Section 248(1) Cr.P.C. for the said offences.

Dictated to the Personal Assistant and transcribed by her, corrected and pronounced

and signed by me in the open court, this the 24th day of June, 2019.

(Sd/- Y.Saritha)

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR.

C.C.581/2018 -9- Dt:24-06-2019

APPENDIX OF EVIDENCE

Witnesses examined for

PROSECUTION DEFENCE

P.W.1: Shaik Mahaboob Basha-NIL- P.W.2: Golla Madhukiran, P.W.3: Pasupuleti Khadar Vali, P.W.4: Garikapati Anil, P.W.5: Mekanaboena Nagendra, P.W.6: V. Sriram, Inspector of Police, P.W.7: K. Mallikarjuna, Sub-Inspector of Police.

EXHIBITS MARKED FOR

PROSECUTION: DEFENCE

Ex. P1: Report of P.W.1, Dt. 01-08-2018,-NIL- Ex. P2: Attested copy of confession statement, Dt. 11-08-2018, Ex. P3: Arrested Mahajarnama and Seizure nama, Ex. P4: Property Identification Mahazarnama, Dt. 19-08-2018, Ex. P5: F.I.R., Ex. P6: Rough Sketch.

Material objects marked for

PROSECUTION: DEFENCE:

M.O.1: One Gold Ring -NIL- (Sd/- Y.Saritha)

A.J.F.C.M., GDLR.

Copy submitted to the Honourable 1st Additional District and Sessions Judge, Ongole.

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Calendar and Judgment in C.C.No. 581 of 2018 on the file of the Additional

Judicial Magistrate of First Class, Giddalur

1. Date of Offence: 01-08-2018

2. Date of Report: 01-08-2018

3. Date of commencement of trial: 07-02-2019

4. Date of close of trial: 27-05-2019

5. Date of Judgment: 24-06-2019

6. Complainant: State: The Sub-Inspector of Police, Giddalur.

7. Accused:Indla Venkateswarlu @ Samuel, S/o. Subbarayudu, 20 years, Yanadi by caste, N/o. Kothuru Thanda Village, Gajulapalli Mandal, Kurnool District, Now residing at Vellupalli village, Giddalur Mandal. (A4)

8. Offence: U/Sec. 457,380 or 411 of IPC

9. Plea of accused : Pleaded guilty

10. Finding of Court: Found guilty

11. Sentence or Order:

In the result, the accused found guilty for the offence under Section 411

I.P.C (alternative charge) and the accused is convicted under Section 248(2) Cr.P.C.

However, the accused found not guilty for the offence under Section 457 and 380

I.P.C and the accused is acquitted under Section 248(1) Cr.P.C. for the said offences.

Explanation for delay: - This case was taken on file on 13-12-2018 for the offence u/ Sec. 457,380 or 411 of I.P.C. against the accused. After producing of the accused, on 28-12-2018 copies of all the documents were furnished to the accused u/Sec. 207 of Cr.P.C. On 17-01-2019 accused was examined u/Sec. 239 of Cr.P.C. On behalf of prosecution, P.Ws.1 to 8 were examined, got marked Exs.P1 to P6 besides M.O.1. On closure of prosecution evidence, on 27-05-2019 accused was examined u/Sec. 313 of Cr.P.C., he denied the incriminating evidence appearing in the evidence of prosecution witnesses and reported ‘No Defence Evidence’. Hence, defence side evidence is closed. Arguments heard on 07-06-2019. On 24-06-2019 Judgment pronounced. Hence the delay. (Sd/- Y.Saritha)

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR.

Copy submitted to: The Hon’ble Ist Addl. District & Sessions Judge, Ongole.

1

IN THE COURT OF THE ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS ::

GIDDALUR

Present : Smt. Y. Saritha Addl. Judl. Magistrate of First Class, Giddalur

Wednesday, this the Thirty First (31st) day of October, 2018

P.R.C. No. 21 of 2018

(Cr. No. 50/2018 of Cumbum P.S.)

State by the Inspector of Police, Markapur Circle.

.. Complainant

V/s

Dibbagalla @ Ardhaveeti Sai, S/o. Nadipi Pullaiah, 23 years, Rajaka by caste, Ardhaveedu Village and Mandal, Driver cum Owner of Auto bearing No. AP 27 TY 6123. … Accused

Neelam Nagaraju, S/o. Subba Rayudu, 25 years, Rajaka by caste, Ardhaveedu Village and Mandal. … Deceased

This case is coming on this day for final hearing and disposal before me in the presence of Sri L earned Assistant Public Prosecutor for the State and Sri P.N.

Seshasayana Reddy & Sri M. Ranga Reddy, Advocates appearing for accused and upon perusal of material on record and having stood over for consideration till this day, this Court made the following:

// O R D E R //

1.The Inspector of Police, Markapur Circle filed charge sheet against the accused in Cr. No. 50/2018 of Cumbum P.S. for the offences u/Sec. 304(ii), 337, 338 of I.P.C.

and Section 185, Section 3 r/w. 181 & Section 196 of M.V. Act.

2.This case was taken on file for the offences u/Sec. 304(ii), 337, 338 of I.P.C.

and Section 3 r/w. 181, Section 185 & Section 196 of M.V. Act against accused.

3.On appearance of accused, copies of all documents relied upon by the prosecution has been furnished to him as required u/Sec. 207 of Cr.P.C.

4.Since the offences u/Sec. 304(ii), 337, 338 of I.P.C. and Section 3 r/w. 181,

Section 185 & Section 196 of M.V. Act are exclusively triable by the Court of Sessions, this case is committed to the Court of Sessions, Ongole as per Sec. 209 (a) of Cr.P.C.

2

5.Accused is enlarged on bail and he is permitted to continue on bail u/Sec. 209

(b) of Cr.P.C.

6.The case record and other material objects shall be submitted to the Court of

Sessions, Ongole as per Sec. 209 (c) of Cr.P.C.

7.The factum of commitment shall be intimated to the Public Prosecutor, Ongole as per Sec. 209 (d) of Cr.P.C.

8.When accused is questioned about the means, he stated that he has means to engage the counsel to defend him before the Court of Sessions in this case.

9.In the result, the case is committed to the Court of Sessions, Ongole u/Sec. 209

(a) of Cr.P.C. for conducting trial and dispose according to Law.

Typed to my dictation by the Typist of this Court, pronounced by me in open Court, this the 31st day of October, 2018

Sd/- Y. Saritha

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR

Memo of Evidence

- NIL -

Ild/- Y.S. A.J.M.F.C., Giddalur 3

EXTRACT OF PRELIMINARY REGISTERED CASE NO. 21/2018 ON THE FILE OF

ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS, GIDDALUR

------------------------------------------------------------------------------------------------------ Number of the case: P.R.C. 21/2018

Name of the Accused:

Dibbagalla @ Ardhaveeti Sai, S/o. Nadipi Pullaiah, 23 years, Rajaka by caste, Ardhaveedu Village and Mandal, Driver cum Owner of Auto bearing No. AP 27 TY 6123.

Name of the Deceased:

Neelam Nagaraju, S/o. Subba Rayudu, 25 years, Rajaka by caste, Ardhaveedu Village and Mandal.

Substance of the Complaint:

L.W.9/Polisetty Pandu who is serving in the Indian Army came to his house at

China Cumbum on leave and in order to perform his marriage with one Jyothi who is the daughter of L.W.11/Nebakula Lakshmaiah belongs to Chinna Nallakalva Village, after had a talk and on 05-04-2018 L.W.9/Polisetty Pandu invited some of his relatives as well as their community persons for Banquet (i.e. Pappannamu) at Chinna

Nallakalva Village, then the deceased, Chanda Kasi Rao, Gurrapusala Nageswara Rao,

Kommaragandla Bala Rangaiah, Dibbagalla Ram Murthy, Kalva Kasi and Maddikatla

Ramana (L.Ws. 3 to 8) decided to go to China Nallakalva Village in the auto AP 27 TY 6123 belongs to the accused and in the noon time they reached Chinna Nallakalva

Village. Then the accused driver consumed alcohol with the persons who came there to have Banquet and after completing the Banquet with them while returning to

Ardhaveedu, in an auto of the accused, Chanda Kasi Rao, Gurrapusala Nageswara Rao,

Kommaragandla Bala Rangaiah, Dibbagalla Ram Murthy, Kalva Kasi and Maddikatla

Ramana (L.Ws.3 to 8) and deceased boarded in it and Gurrapusala Nageswara Rao,

Kommaragandla Bala Rangaiah, Kalva Kasi and Maddikatla Ramana (L.Ws. 4, 5, 7 & 8) were sat behind the auto, then L.W.3/Chanda Kasi Rao and the deceased were sat opposite to them on the wooden plank in the middle of the auto, L.W.6/Dibbagalla

Ram Murthy was also sat beside the driver seat, due to intoxication the accused driver driving the auto in the noon at about 3.00 pm when the auto reached near Yerrabalem cross road, didn't control over the speed and didn't able to turn the auto in the turning, drove the auto in the drunken state, without any valid driving license and knowing the same if he drove the vehicle may cause endanger to the human being and turned turtle the auto near Yerrabalem Substation, and the auto which was upset, resulting the front portion glass of the auto and the glasses which were present besides the accused driver are broken, Gurrapusala Nageswara Rao, Kommaragandla

Bala Rangaiah, Kalva Kasi and Maddikatla Ramana (L.Ws. 4, 5, 7 & 8) didn't sustained any injuries, and the auto which was turned turtle on the deceased who sat in the 4 middle and he sustained pressing and invisible injuries and didn't take breath,

L.W.3/Chanda Kasi Rao sustained simple injuries, L.W.6/Dibbagalla Ram Murthy who sat besides the accused driver seat sustained bleeding injuries under the right side knee and thigh portion, immediately Gurrapusala Nageswara Rao, Kommaragandla

Bala Rangaiah, Kalva Kasi and Maddikatla Ramana (L.Ws. 4, 5, 7 & 8) with the help of some passers and got the injured L.Ws.3 & 6 and the deceased who sustained injuries on their persons towards up side, the accused i.e. driver of auto didn't sustain any injuries. The deceased didn't sustained any visible injuries and he is complaining of chest pain and was suffering with pain, later L.W.12/Bheemireddy Naga Linga Reddy informed 108 Ambulance over phone after some time when ambulance came there, then the injured L.Ws.3 & 6 and the deceased were shifted to Community Health

Center, Cumbum with the accused river in 108 ambulance for treatment and

L.W.5/Kommaragandla Bala Rangaiah informed about the accident to the relatives of injured persons over phone, later in the evening at about 5.40 pm the deceased while undergoing treatment and was succumbed to the injures, then the accused who knowing the death of deceased went away from there.

On 05-04-2018 after receiving hospital intimations of the injured L.Ws.3 & 6 and also death intimation of deceased from CHC, Cumbum, immediately, L.W.25/G. CH.

Ranga Swamy, ASI-847 rushed to hospital and recorded the statement of

L.W.6/Dibbagalla Ram Murthy, returned to police station and handing over the same to

L.W.26/M. Rama Nayak, S.I. Of Police, who inturn registered the same as a case in

Cr.No. 50/2018 U/sec. 304(ii), 337 IPC & Sec. 185, Sec. 3 r/w. 181 of M.V. Act of

Cumbum P.S.

Name of the Complainant: The Inspector of Police, Markapur Circle. (Cr. No. 50/2018 of Cumbum P.S.)

Name of the witnesses for the prosecution :

1. Neelam Subba Rayudu, S/o. Late Pitchaiah, 50 years, Rajaka by caste, Coolie, Ardhaveedu Village and Mandal.

2. Neelam Lingamma, W/o. Subba Rayudu, 45 years, Rajaka by caste, Coolie, Ardhaveedu Village and Mandal.

3. Chanda Kasi Rao, S/o. Ramaiah, 18 years, Rajaka by caste, ITI Student, Cumbum R/o. Ardhaveedu Village and Mandal.

4. Gurrapusala Nageswara Rao, S/o. China Bala Guravaiah, 20 years, Rajaka by caste, Coolie, Ardhaveedu Village and Mandal.

5. Kommaragandla Bala Rangaiah, S/o. Thikka Swamy, 26 years, Rajaka by caste, Coolie, Ardhaveedu Village and Mandal.

6. Dibbagalla Ram Murthy, S/o. Rama Lingaiah, 26 years, Rajaka by caste, Cycle Mechanic at Ardhaveedu, R/o. Ardhaveedu Village and Mandal.

7. Kalva Kasi, S/o. Venkateswarlu, 24 years, Rajaka by caste, Coolie, Ardhaveedu Village and Mandal.

8. Maddikatla Ramana, S/o. Srinivasulu, 26 years, Rajaka by caste, Auto Driver, Ardhaveedu Village and Mandal.

5

9. Polisetty Pandu, S/o. Somaiah, 29 years, Rajaka by caste, Army, Ardhaveedu Village and Mandal. 10.Polisetty Somaiah, S/o. Pitchi Rangaiah, 55 years, Rajaka by caste, Ex-Army, Ardhaveedu Village and Mandal. 11.Nebakula Lakshmaiah, S/o. Peda Ramaiah, 40 years, Rajaka by caste, Cultivation, Chinna Nallakalva Village, Cumbum Mandal. 12.Bheemireddy Naga Linga Reddy, S/o. Nagi Reddy, 37 years, Reddy by caste, Shift Operator in 33/11 KV Substation, Yerrabalem Village, N/o. Lingapuram Village, Cumbum Mandal. Cell No. 9502846359. 13.Sanikala Kiran, S/o. Venkateswarlu, 26 years, Madiga by caste, Gottamillu Village, Bestavaripeta Mandal, Anu Studio near RTC Bus Stand, Cumbum. 14.Chenigala Mala Kondaiah, S/o. Late Devaiah, 42 years, Yadava by caste, Sri Vengamamba Auto Consultancy, Opp. RTC Depot., Satyanarayanapuram, Ongole. 15.Kataru Venkateswarlu, S/o. Kotaiah, 50 years, Balija by caste, VRO, Yerrabalem Village, N/o. Chinthalapalem Village, Bestavaripeta Mandal, Cell No. 9912012216. 16.Pikkili Venkata Narayana, S/o. Chinnanna, 42 years, Boya by caste, Surpanch, Yerrabalem Village, Cumbum Mandal, Cell No. 9963291742. 17.Gotike Rajeswara Reddy, S/o. Samba Siva Reddy, 66 years, Reddy by caste, Ex- MPP, Ardhaveedu, R/o. Near Vasavi School, Cumbum Village and Mandal. 18.Gulla Pulla Reddy, S/o. Rami Reddy, 70 years, Reddy by caste, Surpanch, Ardhaveedu Village and Mandal. 19.A.V. Ramana, HG-680 of Cumbum Police Station. 20.P. Srinivasulu, PC-3751 of Ardhaveedu Police Station, now working at Cumbum P.S. 21.Dr. B.V. Ranga Rao, Deputy Civil Surgeon, Community Health Center, Cumbum. 22.Dr. V. Dharma Naik, MBBS, Reg. No. 74465, Bhavanam Venkata Ramana Memorial, GBR Super Specialty Hospital, Narasarao peta. 23.Chandra Rambabu, Motor Vehicle Inspector, Markapur. 24.P. Venkata Subbaiah, PC.3968 of Cumbum P.S. 25.G. CH. Ranga Swamy, ASI – 847 Cumbum Police Station. 26.M. Rama Nayak, Sub – Inspector of Police, Cumbum Police Station. 27.V. Sriram, Inspector of Police, Giddalur Circle. I/c. Markapur Circle. 28.M. Bheema Naik, Inspector of Police, Markapur Circle.

Summary of the facts proved or confessed:

L.W.9/Polisetty Pandu who is serving in the Indian Army came to his house at

China Cumbum on leave and in order to perform his marriage with one Jyothi who is the daughter of L.W.11/Nebakula Lakshmaiah belongs to Chinna Nallakalva Village, after had a talk and on 05-04-2018 L.W.9/Polisetty Pandu invited some of his relatives as well as their community persons for Banquet (i.e. Pappannamu) at Chinna

Nallakalva Village, then the deceased, Chanda Kasi Rao, Gurrapusala Nageswara Rao,

Kommaragandla Bala Rangaiah, Dibbagalla Ram Murthy, Kalva Kasi and Maddikatla

Ramana (L.Ws. 3 to 8) decided to go to China Nallakalva Village in the auto AP 27 TY 6123 belongs to the accused and in the noon time they reached Chinna Nallakalva

Village. Then the accused driver consumed alcohol with the persons who came there to have Banquet and after completing the Banquet with them while returning to

Ardhaveedu, in an auto of the accused, Chanda Kasi Rao, Gurrapusala Nageswara Rao,

Kommaragandla Bala Rangaiah, Dibbagalla Ram Murthy, Kalva Kasi and Maddikatla

Ramana (L.Ws.3 to 8) and deceased boarded in it and Gurrapusala Nageswara Rao,

Kommaragandla Bala Rangaiah, Kalva Kasi and Maddikatla Ramana (L.Ws. 4, 5, 7 & 8) 6 were sat behind the auto, then L.W.3/Chanda Kasi Rao and the deceased were sat opposite to them on the wooden plank in the middle of the auto, L.W.6/Dibbagalla

Ram Murthy was also sat beside the driver seat, due to intoxication the accused driver driving the auto in the noon at about 3.00 pm when the auto reached near Yerrabalem cross road, didn't control over the speed and didn't able to turn the auto in the turning, drove the auto in the drunken state, without any valid driving license and knowing the same if he drove the vehicle may cause endanger to the human being and turned turtle the auto near Yerrabalem Substation, and the auto which was upset, resulting the front portion glass of the auto and the glasses which were present besides the accused driver are broken, Gurrapusala Nageswara Rao, Kommaragandla

Bala Rangaiah, Kalva Kasi and Maddikatla Ramana (L.Ws. 4, 5, 7 & 8) didn't sustained any injuries, and the auto which was turned turtle on the deceased who sat in the middle and he sustained pressing and invisible injuries and didn't take breath,

L.W.3/Chanda Kasi Rao sustained simple injuries, L.W.6/Dibbagalla Ram Murthy who sat besides the accused driver seat sustained bleeding injuries under the right side knee and thigh portion, immediately Gurrapusala Nageswara Rao, Kommaragandla

Bala Rangaiah, Kalva Kasi and Maddikatla Ramana (L.Ws. 4, 5, 7 & 8) with the help of some passers and got the injured L.Ws.3 & 6 and the deceased who sustained injuries on their persons towards up side, the accused i.e. driver of auto didn't sustain any injuries. The deceased didn't sustained any visible injuries and he is complaining of chest pain and was suffering with pain, later L.W.12/Bheemireddy Naga Linga Reddy informed 108 Ambulance over phone after some time when ambulance came there, then the injured L.Ws.3 & 6 and the deceased were shifted to Community Health

Center, Cumbum with the accused river in 108 ambulance for treatment and

L.W.5/Kommaragandla Bala Rangaiah informed about the accident to the relatives of injured persons over phone, later in the evening at about 5.40 pm the deceased while undergoing treatment and was succumbed to the injures, then the accused who knowing the death of deceased went away from there.

On 05-04-2018 after receiving hospital intimations of the injured L.Ws.3 & 6 and also death intimation of deceased from CHC, Cumbum, immediately, L.W.25/G. CH.

Ranga Swamy, ASI-847 rushed to hospital and recorded the statement of

L.W.6/Dibbagalla Ram Murthy, returned to police station and handing over the same to

L.W.26/M. Rama Nayak, S.I. Of Police, who inturn registered the same as a case in

Cr.No. 50/2018 U/sec. 304(ii), 337 IPC & Sec. 185, Sec. 3 r/w. 181 of M.V. Act of

Cumbum P.S.

Date of Offence: 05-04-2018

Date of report or complaint: 05-04-2018

Date of apprehension (or) appearance : 31-08-2018 7

Date of closing enquiry : 31-10-2018

Explanation for delay :

This offence was committed on 05-04-2018 and on the same day the case was registered. The charge sheet filed in this case for the offences punishable u/Sec.

304(ii), 337, 338 of I.P.C. and Section 185, Section 3 r/w. 181 & Section 196 of M.V. Act against the accused and the same was taken on file for the offences punishable u/Sec.

304(ii), 337, 338 of I.P.C. and Section 3 r/w. 181, Section 185 & Section 196 of M.V. Act against the accused. On appearance of accused before the Court on 31-08-2018, he was furnished with copies of case documents as contemplated u/Sec. 207 of Cr.P.C.

and posted the matter for consideration. On 31-10-2018 the case is committed to the

Court of Sessions, Prakasam Division, Ongole under Section 209(a) Cr.P.C.

Sd/- Y. Saritha

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR

Copy submitted to: The Hon’ble I-Addl. District & Sessions Judge, Prakasam District, Ongole

CC 170 of 2016 1 Dt.11-04-2022

Calendar and Judgment in C.C.No. 170 of 2016 on the file of the Additional Judicial

Magistrate of First Class, Giddalur

1Date of Offence:09-05-2016 2Date of Report:09-05-2016 3Date of arrest of A1 to A3:11-05-2016 4Date of release of A1 to A3:18-05-2016 5Date of commencement of trial:02-12-2021 6Date of close of trial:25-03-2022 7Date of Judgment:11-04-2022 8Complainant:State the Sub Inspector of Police, Giddalur Police Station. 9Accused:

i.Panyam Koti Reddy @ Panyam Koteswara Reddy,

S/o. Chinna Subba Reddy, aged about 35 years,

R/o. K.S.Palli Village Giddalur Mandl. Ii.Panyam Chinna Subba Reddy @ Venkata Subba

Reddy, S/o. Koti Reddy, aged about 61 years, R/o.

K.S.Palli Village, Giddalur Mandal. Iii.Kappeta Rami Reddy @ Thapeta Rami Reddy, S/o.

Aswardham Reddy, aged about 38 years, R/o.

K.S.Palli Village, Giddalur Mandal.

10. Offences: U/Sec.324, 323 r/w 34 of Indian Penal Code.

11. Plea of accused: Pleaded not guilty

12. Finding of Court: Found not guilty

13. Sentence or Order:

In the result, A1 and A2 are found not guilty for the offences punishable under sections 324, 323 r/w 34 of Indian Penal Code and they are acquitted under section 248(1) of Criminal Procedure Code. The bail bonds of A1 and A2 and their sureties shall remain in force for a period of six months as per section 437-A of Criminal Procedure Code.

14. Explanation for delay: - This case was taken on file on 21-05-2016 for the offences punishable under sections 324, 323 r/w 34 of Indian Penal

Code, against the A1 to A3. After appearance of the A1 to A3, on 15-06-2016 copies of all the documents were furnished to the A1 to A3 u/Sec. 207 of

CC 170 of 2016 2 Dt.11-04-2022

Cr.P.C. On 23-08-2016 A1 to A3 were examined u/Sec. 239 of Cr.P.C. On behalf of prosecution, Pw 1 to Pw6 were examined, got marked Exs.P1 toP6.

On closure of prosecution evidence,on 06-04-2022 A1 to A2 (A3 is abated) were examined u/Sec. 313 of Cr.P.C.,they denied the incriminating evidence appearing in the evidence of prosecution witnesses and reported ‘no defence evidence’. Hence, defence side evidence is closed. On 08-04-2022 Heard

Arguments. On 11-04-2022 Judgment Pronounced. Hence the delay.

Sd/-Smt. Y.Saritha,

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR.

Copy submitted to: The Hon’ble Ist Addl. District & Sessions Judge, Ongole.

// True Copy //

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR.

CC 170 of 2016 3 Dt.11-04-2022

IN THE COURT OF THE ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS :

GIDDALUR

Present: Smt. Y. Saritha, Addl. Judl. Magistrate of First Class, Giddalur, Monday, this the Eleventh( 11th ) day of April 2022. Calendar Case 170 of 2016

Between:

The State,

Represented through Sub-Inspector of Police,

Giddalur Police Station.

…….. Complainant

And

1.Panyam Koti Reddy @ Panyam Koteswara Reddy,

S/o. Chinna Subba Reddy, aged about 35 years, R/ o. K.S.Palli Village Giddalur Mandl.

2.Panyam Chinna Subba Reddy @ Venkata Subba

Reddy, S/o. Koti Reddy, aged about 61 years, R/o.

K.S.Palli Village, Giddalur Mandal.

3.Kappeta Rami Reddy @ Thapeta Rami Reddy, S/o.

Aswardham Reddy, aged about 38 years, R/o.

K.S.Palli Village, Giddalur Mandal. ….. A1 to A3

This case has came before me on 06-04-2022 for final hearing in the presence of learned Assistant Public Prosecutor for the Prosecution and

Sri. S.V.Bhaskar Rao, counsel for the A1 to A3 and the matter having been stood over for consideration till this day, this Court delivered the following :

J U D G M E N T

1. The Sub Inspector of police, Giddalur Police station laid charge sheet in

Crime No. 109 of 2016 against A1 to A3 for the offences punishable under section 324, 323 r/w 34 of Indian Penal Code.

2.The facts of a case in a nut shell :

Pw1 is resident of Krishatamsetttypalli Village, Giddalur. Pw1 and the accused all are relatives and also having some land disputes. In the year

CC 170 of 2016 4 Dt.11-04-2022

2011 Pw1 filed a Civil Suit against A1 to A3 which is still pending. On 09-05- 2016 at about 5:30 P.M., A1 to A3 went to the disputed land destroyed the hut of Pw1, abused him and also beat Pw1 with hands and legs. A3 beat

Pw1 on his head with a stick as such he received bleeding injury on his head.

Then Pw2 went in rescue of Pw1. A1 to A3 also beat her with hands and legs.

Then Panyam Subbareddy, Ambati Polireddy, Pw3/O.Rangareddy,

Pw4/G.Veera Mohan went and rescued them from the hands of A1 to A3.

Pw1 went to the police station and lodged report against A1 to A3. Pw6, the

Sub Inspector of Police,Giddalur registered the same as a case in crime no 109 of 2016 for the offences punishable under section 324, r/w 34 of Indian

Penal Code and submitted to copies to all the Officials.

During the course of investigation he examined the witnesses and recorded their statements, he forwarded Pw1 to C.H.C. Giddalur with the

Assistant of his staff. He visited the scene of offence and prepared rough sketch. On 11-05-2016 at about 10:30 A.M., he arrested A1 to A3 and produced before this Hon’ble Court for judicial remand. Then he added section 323 of Indian Penal Code to the existing section. After concluding investigation he laid charge sheet.

3.The charge sheet as filed is taken cognizance by my predecessor for the offence punishable under sections 324, 323 r/w 34 of Indian Penal Code, against the A1 to A3. On appearance the charge sheet and other documents were furnished to them U/Sec 207 Code of Criminal Procedure.

4.A1 to A3 are examined U/Sec.239 of Code of Criminal Procedure in respect of the charge for the offence punishable under sections 324, 323 r/w 34 of Indian Penal Code. The accusation levelled against them is explained in

Telugu for which they pleaded not guilty and claimed to be tried.

5.To prove its case, the prosecution has examined Pw1 to Pw6 and got marked Exs.P1 to P6.

CC 170 of 2016 5 Dt.11-04-2022

6.After closure of prosecution evidence, A1 and A2 (A3 is abated on 06- 04-2022) were examined under section 313 of Criminal Procedure Code by explaining the incriminating material appearing in the prosecution evidence against them, for which they denied and also reported no defence evidence on their behalf.

7.Heard the learned Additional Public Prosecutor and the learned counsel for the A1 and A2 at length.

8. Now the point for determination is :

“Whether the Prosecution is able to establish the guilt of A1 and A2 beyond all reasonable doubt for the offence punishable under sections 324, 323 r/w 34 of Indian Penal Code?” 9. Point :

To prove its case the prosecution has examined Pw1 to Pw6. Pw1 is the injured, Pw2 is his wife, Pws 3 and 4 are the eye witnesses, Pw5 is Medical

Officer, Pw6 the investigating officer.

10. Pw1 deposed in his evidence that A1 to A3 are his relatives and they had disputes with regard to ancestral properties. Approximately three years ago A1 to A3 tried to demolish the cattle shed erected by them and tried to construct thin sheet shed. When he questioned the same A1 and A2 beat him with hands and legs and A3 beat him with a stick on his forehead and he received bleeding injury. His clothes were stained with blood. A1 to A3 also beat his wife, Pw2 when she came in rescue of him. Then Pw3 and Pw4 came and rescued them from the hands of A1 to A3.

In his cross examination he deposed that he came to know through

Pw4 that A1 to A3 demolishing the shed, then he rushed to the scene. He also stated that he did not mention in his 161(3) code of criminal Procedure statement as A1 and A2 beat his wife, Pw2. He further stated that police did not seize the blood stained clothes and stick from him. He stayed in the

CC 170 of 2016 6 Dt.11-04-2022

hospital for a period of seven days and Police examined him after two days in the hospital.

11.The evidence of Pw2 is corroborated with that of Pw1. She also stated that A3 beat his husband with a stick on his forehead and he sustained bleeding injuries. When she rushed there A1 and A2 beat her with hands.

Pw3 and Pw4 rescued her and her husband Pw1 from A1 to A3. Then they went to the police station and lodged report.

In her cross examination she stated that she came to know about the incident through one venkata Ramana Reddy, who resided at the alleged scene of offence. More than 100 people were gathered during the time of incident. She also stated that the clothes of her husband were stained with blood.

12. Pw3 and Pw4 who are the eyewitnesses to the incident turned hostile to the prosecution. Pw3 simply stated that on the alleged date of incident at about 4.30 to 5.00 p.m they witnessed some quarrel at the house of Pw1. In that quarrel pw1 sustained head injury, but he do not know how he sustained that injury. Pw4 also stated that he heard some quarrel at about 5.00 to 5.30 p.m at the house of Pw1 and witnessed that Pw1 sustained blood injury. He also failed to state that who caused the injury to Pw1.

13. Pw5, the Medical Officer, who treated Pw1 stated that he treated Pw1 on 09-05-2016 at 6.50 p.m and issued Ex.P4, wound certificate opining that the injuries are of simple in nature. But, he did not state that Pw1 was admitted in hospital for seven days.

14.On perusal of the evidence on record, Pw3 and Pw4 who are eyewitnesses turned hostile to the prosecution. The prosecution mainly relied on the evidence of Pw1 and Pw2 coupled with Ex.P4 to prove its case.

The evidence of both Pw3 and Pw4 corroborated with each other. Both of them stated that when A3 beat Pw1 with a stick he received head injury. His

CC 170 of 2016 7 Dt.11-04-2022

clothes were stained with blood. Pw3 and Pw4 though turned hostile, they stated that they witnessed Pw1 with head injury at the scene of offence. But, both of them failed to state that who beat Pw1 and how he sustained blood injury on his head. The evidence of Pw6, the investigating officer also corroborates the same. He stated that on 09-05-2016 Pw1 came to his police station and lodged report then he sent him along with the police constable to the Community Health Centre, Giddalur. Pw5, the medical officer stated that, he treated Pw1 on 09-05-2016 and issued Ex.P4, Wound Certificate. .

On consolidating the above said evidence of Pws1 to 6 coupled with

Ex.P4 it is not in dispute that Pw1 received head injury on the alleged date of incident. As the material witnesses turned hostile to the prosecution no corroborating evidence is available to show that A3 beat Pw1 with stick and caused blood injury on his head. Pw6 also failed to seize the blood stained clothes and the alleged stick which is used in committing the offence. Pw5 also opined that such injuries may be caused due to falling on a hard surface.

15.Pw1 in his chief stated that A1 and A2 beat Pw2, his wife with hands and legs when she came in rescue of her. Whereas Pw2 stated that on the alleged date of incident A1 and A2 beat her with hands when she went in rescue of Pw1. But, in his cross examination Pw1 admitted that he did not state in his Ex.P1, report as A1 and A2 beat Pw2 with hands and legs. Pw3 and Pw4 as they turned hostile they did not state anything about Pw2. Pw1 improved his version while deposing before this court.

There are also other discrepancies in the evidence of Pw1. He sated that he admitted in the hospital for about seven days and the police examined him on the second day at the hospital. But, Pw5 did not state the same. He opined that the injuries are of simple in nature. When the injuries are of simple in nature admitting of Pw1 in the hospital for a period of seven

CC 170 of 2016 8 Dt.11-04-2022

days is creating doubt in the version of Pw1. Pw6, the investigating officer stated that he examined Pw1 in the police station itself after that he sent him to the hospital. Pw2 stated that police examined her on the same day during night hours at their house. When she went along with Pw1 while lodging report and accompanied him to the hospital, examining by police on the same day is also not reliable. Hence, I am of the opinion that the evidence of both Pw1 and Pw2 is full of discrepancies and it is not safe to rely on their evidence.

16.For the foregoing reasons as there is no cogent and corroborating evidence to show that the A1 and A2 beat Pw1 and Pw2, with hands and legs on the alleged date of incident. The prosecution failed to prove their case beyond all reasonable doubt. Hence, the A1 and A2 are entitled for an acquittal.

17. In the result, A1 and A2 are found not guilty for the offences punishable under sections 324, 323 r/w 34 of Indian Penal Code and they are acquitted under section 248(1) of Criminal Procedure Code. The bail bonds of A1 and A2 and their sureties shall remain in force for a period of six months as per section 437-A of Criminal Procedure Code.

Typed to my dictation by the Stenographer, corrected and pronounced by me in open Court, this the 11 th day April, 2022.

Sd/-Smt. Y.Saritha,

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR.

APPENDIX OF EVIDENCE

Witness examined for

PROSECUTION DEFENCE

Pw1: Panyam Prabhakar. - None-

Pw2: Panyam Narayanamma.

Pw3: Obula Reddy Ranga Reddy.

Pw4: G.Veera Mohan.

Pw5: Dr. S.Suri Babu.

Pw6: R.Rambabu, Sub Inspector of Police,

Giddalur Police Station.

CC 170 of 2016 9 Dt.11-04-2022

Exhibits Marked for

PROSECUTION DEFENCE

Ex.P1. Complaint Report. -NIL-

Ex.P2: Portion of 161 (3) Cr.PC statement of Pw3.

Ex.P3: Portion of 161 (3) Cr.PC Statement of Pw4.

Ex.P4: Wound Certificate.

Ex.P5: FIR

EX.P6: Rough Sketch.

Material Objects Marked for

PROSECUTION DEFENCE

-NIL- - NIL -

Sd/-Smt. Y.Saritha,

AJFCM, GDLR.

Copy submitted to: The Hon’ble I Addl. District & Sessions Judge, Ongole.

// True Copy //

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR.

1

IN THE COURT OF THE ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS ::

GIDDALUR

Present : Smt. Y. Saritha Addl. Judl. Magistrate of First Class, Giddalur

Monday, this the Twenty Ninth (29th) day of October, 2018

P.R.C. No. 32 of 2018

(Cr. No. 47/2018 of Komarole P.S.)

State by the Inspector of Police, Giddalur Circle.

.. Complainant

V/s

1. Muggulla Jammakka, W/o. Sunkaraiah, age 42 years, Caste by Jangala, R/o. Nallabanda Bazar, Giddalur Town.

2. Muggulla Venkateswarlu @ Sunkaiah, S/o. Sunkaraiah, age 30 years, Caste by Jangala, R/o. Nallabanda Bazar, Giddalur Town.

3. Muggulla Nadipi Subbarayudu, S/o. Sunkaraiah, age 22 years, Caste by Jangala, R/o. Nallabanda Bazar, Giddalur Town.

4. Muggulla Chinna Subbarayudu, S/o. Sunkaraiah, age 20 years, Caste by Jangala, R/o. Nallabanda Bazar, Giddalur Town. … Accused

Juvenile in conflict with law:

Muggulla Venkateswarlu @ Nagaraju, S/o. Sunkaraiah, age 14 years, Caste by

Jangala, R/o. Nallabanda Bazar, Giddalur Town.

Deceased:

Muggulla Sunkaiah, S/o. Thikkanna, age 53, Caste by Jangala, Nallabanda Bazar,

Jangala Colony, Giddalur Town.

This case is coming on this day for final hearing and disposal before me in the presence of Sri L earned Assistant Public Prosecutor for the State and Sri B. Isaac,

Advocate appearing for accused 1 to 4 and upon perusal of material on record and having stood over for consideration till this day, this Court made the following:

// O R D E R //

1.The Inspector of Police, Giddalur Circle filed charge sheet against the accused 1 to 4 in Cr. No. 47/2018 of Komarole P.S. for the offences u/Sec. 302, 201 r/w. 34 of

I.P.C.

2.This case was taken on file for the offences u/Sec. 302, 201 r/w. 34 of I.P.C.

against accused 1 to 4.

3.On appearance of accused 1 to 4, copies of all documents relied upon by the 2 prosecution has been furnished to them as required u/Sec. 207 of Cr.P.C.

4.Since the offences u/Sec. 302, 201 r/w. 34 of I.P.C. are exclusively triable by the Court of Sessions, this case is committed to the Court of Sessions, Ongole as per

Sec. 209 (a) of Cr.P.C.

5.Accused 1 to 4 are enlarged on bail and they are permitted to continue on bail u/Sec. 209 (b) of Cr.P.C.

6.The case record and other material objects shall be submitted to the Court of

Sessions, Ongole as per Sec. 209 (c) of Cr.P.C.

7.The factum of commitment shall be intimated to the Public Prosecutor, Ongole as per Sec. 209 (d) of Cr.P.C.

8.When accused 1 to 4 are questioned about the means, they stated that they have means to engage the counsel to defend them before the Court of Sessions in this case.

9.In the result, the case is committed to the Court of Sessions, Ongole u/Sec. 209

(a) of Cr.P.C. for conducting trial and dispose according to Law.

Typed to my dictation by the Typist of this Court, pronounced by me in open Court, this the 29th day of October, 2018

Sd/- Y. Saritha

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR

Memo of Evidence

- NIL -

Ild/- Y.S. A.J.M.F.C., Giddalur 3

EXTRACT OF PRELIMINARY REGISTERED CASE NO. 32/2018 ON THE FILE OF

ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS, GIDDALUR

------------------------------------------------------------------------------------------------------ Number of the case: P.R.C. 32/2018

Name of the Accused:

1. Muggulla Jammakka, W/o. Sunkaraiah, age 42 years, Caste by Jangala, R/o. Nallabanda Bazar, Giddalur Town.

2. Muggulla Venkateswarlu @ Sunkaiah, S/o. Sunkaraiah, age 30 years, Caste by Jangala, R/o. Nallabanda Bazar, Giddalur Town.

3. Muggulla Nadipi Subbarayudu, S/o. Sunkaraiah, age 22 years, Caste by Jangala, R/o. Nallabanda Bazar, Giddalur Town.

4. Muggulla Chinna Subbarayudu, S/o. Sunkaraiah, age 20 years, Caste by Jangala, R/o. Nallabanda Bazar, Giddalur Town.

Juvenile in conflict with law:

Muggulla Venkateswarlu @ Nagaraju, S/o. Sunkaraiah, age 14 years, Caste by

Jangala, R/o. Nallabanda Bazar, Giddalur Town.

Name of the Deceased:

Muggulla Sunkaiah, S/o. Thikkanna, age 53, Caste by Jangala, Nallabanda Bazar,

Jangala Colony, Giddalur Town.

Substance of the Complaint:

The accused A1 is the wife of the deceased. A2 to A4 & Juvenile in Conflict with law are sons of A1 as well as deceased. All the accused along with Juvenile in conflict with law and the deceased are resident of Jangala Colony, Nallabanda Bazar,

Giddalur town and they used to beg for their livelihood in the surrounding villages of

Giddalur and Komarole Mandal. They also used to graze the sheep of farmers for labour wages. Except A4, A1 to A3 and Juvenile in conflict with law are dumb persons.

The deceased being drunkard used to harass his family members without any proper reason whenever he consumes liquor. The deceased used to abuse and beat A1 often and tortured her since the time of his marriage. A1 being annoyed forbore all the tortures made by the deceased for the future of all her children. A2 is elder son of

A1, who got marriage, but they left A2 as the deceased also harassed them with his behaviour being drunk. Apart from their begging, at about 2 months ago the family members of the deceased came to Komarole Mandal, where they erected huts in a vacant places belongs to Kavalagunta Anjanna which is situated opposite to the SBNRM

High School, Kothapalli on Komarole to Malikepalli road. After one week, one day at about 21.00 hours the deceased quarreled with A1 by demanding her money for consuming liquor and while abusing and beating her, having observed the same A2 & A3 came to rescue A1, but the deceased pushed them aside. Being enraged over the acts of the deceased and fed up with his tortures, A1 to A3 beat the deceased on his head 4 indiscriminately with a stick, resulting which the deceased collapsed on the ground and fell into unconscious state. On next day morning A1 to A4 and juvenile in conflict with law found the deceased was lying where he collapsed before. Having confirmed that the deceased was dead, being afraid, in order to divert the public attention they decided to dump the dead body elsewhere and accordingly they wrapped the dead body under a quilt, kept the same on rikshaw. They decided to dump the dead body at the hillocks situated on Northern side of Vardhanapalli Village. While they were proceeding towards Timmaraju fields through Malikepalli road pathway, someone who came for answering the calls of nature questioned them about what they were taking on rikshaw, on that A1 & A4 answered as the deceased was unable to pull rikshaw they were taking him and going to collect firewood in the forest. Later they went to the outskirts forest area which is situated on Northern side within a distance of 1½ kms from Vardhanapalli Village, where they found a big pit with a canal where water was floating from hillock and covered with thorny bushes. Having confirmed as it was safe place for them, A1 to A4 and Juvenile in conflict with law dumped the dead body of the deceased under thorny bushes, removed the tree branches, kept the same on the dead body besides thrown the sand on it. Later they returned to their huts and further came to petrol bunk situated on Southern direction from Komarole, where they erected huts. After a month, as per their caste customs, they kept the liquor bottles, tobacco cigars, eateries at the dead body of the deceased and returned from there. Later having known that a case was registered over the death of the deceased and police are searching for them being afraid they met VRO-II Komarole and confessed to have committed the murder of the deceased.

Name of the Complainant: The Inspector of Police, Giddalur Circle. (Cr. No. 47/2018 of Komarole P.S.)

Name of the witnesses for the prosecution :

1. Salva Veeraiah, S/o. Chinna Veeraiah, age 45, Boya by caste, Pandillapalli (V), B.V. Peta (M), VRO of Chinthapalli (V), Komarole (M).

2. Raya Venkateswarlu, S/o. Venkata Ramanaiah, age 34, Kamma by caste, Vardhanapalli (V), Komrole (M).

3. Jangi Mallesh, S/o. Narayana, age 38, Patra by caste, Vardhanapalli (V), Komrole (M).

4. Kandimalla Ramesh Babu, S/o. Venkata Subbaiah, age 32, Kamma by caste, Vardhanapalli (V), Komrole (M).

5. Dasari Gurappadu, S/o. Chinna Guravaiah, age 42, Patra by caste, Vardhanapalli (V), Komrole (M).

6. Kandisetty Chinna Venkata Swamy, S/o. Venkataiah, age 40, Vaddera by caste, Vardhanapalli (V), Komrole (M).

7. Mokshagundam Ankaiah, S/o. Pullaiah, age 48 years, Caste by Rajaka, Kothapalli Village, Komarole Mandal.

8. Mare Singaraiah, S/o. Guravaiah, age 46 years, Caste by Patra, Kothapalli Village, Komarole Mandal.

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9. Uriya Malakondaiah, S/o. Bala Narasimhulu, age 35, Kummari by caste, Kothapalle (V), Komarole (M), V.R.A. Of Chinthlapalli Village. 10.Pittala Nageswara Rao, S/o. Ramaiah, age 53, Mudiraj by caste, Chinthapalli (V), Komarole (M). V.R.A. Of Chinthlapalli village. 11.Bijja Srinivasulu, S/o. Karnamaiah, N/o. Chattireddypalli Village of Giddalur Mandal, VRO of Komarole-II. 12.Dr. Suri Babu, Medical Officer, CHC, Giddalur. 13.Shaik Abdul Raheman, Sub-Inspector of Police, Komarole P.S. 14.V. Sreeram, Inspector of Police, Giddalur Circle.

Summary of the facts proved or confessed:

The accused A1 is the wife of the deceased. A2 to A4 & Juvenile in Conflict with law are sons of A1 as well as deceased. All the accused along with Juvenile in conflict with law and the deceased are resident of Jangala Colony, Nallabanda Bazar,

Giddalur town and they used to beg for their livelihood in the surrounding villages of

Giddalur and Komarole Mandal. They also used to graze the sheep of farmers for labour wages. Except A4, A1 to A3 and Juvenile in conflict with law are dumb persons.

The deceased being drunkard used to harass his family members without any proper reason whenever he consumes liquor. The deceased used to abuse and beat A1 often and tortured her since the time of his marriage. A1 being annoyed forbore all the tortures made by the deceased for the future of all her children. A2 is elder son of

A1, who got marriage, but they left A2 as the deceased also harassed them with his behaviour being drunk. Apart from their begging, at about 2 months ago the family members of the deceased came to Komarole Mandal, where they erected huts in a vacant places belongs to Kavalagunta Anjanna which is situated opposite to the SBNRM

High School, Kothapalli on Komarole to Malikepalli road. After one week, one day at about 21.00 hours the deceased quarreled with A1 by demanding her money for consuming liquor and while abusing and beating her, having observed the same A2 & A3 came to rescue A1, but the deceased pushed them aside. Being enraged over the acts of the deceased and fed up with his tortures, A1 to A3 beat the deceased on his head indiscriminately with a stick, resulting which the deceased collapsed on the ground and fell into unconscious state. On next day morning A1 to A4 and juvenile in conflict with law found the deceased was lying where he collapsed before. Having confirmed that the deceased was dead, being afraid, in order to divert the public attention they decided to dump the dead body elsewhere and accordingly they wrapped the dead body under a quilt, kept the same on rikshaw. They decided to dump the dead body at the hillocks situated on Northern side of Vardhanapalli Village. While they were proceeding towards Timmaraju fields through Malikepalli road pathway, someone who came for answering the calls of nature questioned them about what they were taking on rikshaw, on that A1 & A4 answered as the deceased was unable to pull rikshaw they were taking him and going to collect firewood in the forest. Later they went to the outskirts forest area which is situated on Northern side within a distance of 1½ kms from Vardhanapalli Village, where they found a big pit with a canal where water was 6 floating from hillock and covered with thorny bushes. Having confirmed as it was safe place for them, A1 to A4 and Juvenile in conflict with law dumped the dead body of the deceased under thorny bushes, removed the tree branches, kept the same on the dead body besides thrown the sand on it. Later they returned to their huts and further came to petrol bunk situated on Southern direction from Komarole, where they erected huts. After a month, as per their caste customs, they kept the liquor bottles, tobacco cigars, eateries at the dead body of the deceased and returned from there. Later having known that a case was registered over the death of the deceased and police are searching for them being afraid they met VRO-II Komarole and confessed to have committed the murder of the deceased.

Date of Offence: Prior to 04-06-2018

Date of report or complaint: 05-06-2018

Date of apprehension (or) appearance : 16-10-2018

Date of closing enquiry : 29-10-2018

Explanation for delay :

This offence was committed on prior to 04-06-2018 and on 05-06-2018 the case was registered. The charge sheet filed in this case for the offences punishable u/Sec.

302, 201 r/w. 34 of I.P.C. against the accused 1 to 4 and the same was taken on file for the offences punishable u/Sec. 302, 201 r/w. 34 of I.P.C. against the accused 1 to 4.

On appearance of accused 1 to 4 before the Court on 16-10-2018, they were furnished with copies of case documents as contemplated u/Sec. 207 of Cr.P.C. and posted the matter for consideration. On 29-10-2018 the case is committed to the Court of

Sessions, Prakasam Division, Ongole under Section 209(a) Cr.P.C.

Sd/- Y. Saritha

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR

Copy submitted to: The Hon’ble I-Addl. District & Sessions Judge, Prakasam District, Ongole

1

IN THE COURT OF THE ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS ::

GIDDALUR

Present : Smt. Y. Saritha Addl. Judl. Magistrate of First Class, Giddalur

Friday, this the Twenty Sixth (26th) day of October, 2018

P.R.C. No. 26 of 2018

(Cr. No. 18/2018 of Komarole P.S.)

State by the Sub-Inspector of Police, Komarole Police Station.

.. Complainant

V/s

Gunthapalli Chinna Badaraiah @ Chinna Badulla, S/o. Chinna Pullaiah, age 49 years, caste by Dudekula, P. Pottireddypalli Village, Komarole Mandal. Aadhar No. 8381 8484 0957. … Accused

This case is coming on this day for final hearing and disposal before me in the presence of Sri L earned Assistant Public Prosecutor for the State and Sri P.N.

Seshasayana Reddy & Sri M. Ranga Reddy, Advocates appearing for accused and upon perusal of material on record and having stood over for consideration till this day, this Court made the following:

// O R D E R //

1.The Sub-Inspector of Police, Komarole Police Station filed charge sheet against the accused in Cr. No. 18/2018 of Komarole P.S. for the offence u/Sec. 307 I.P.C.

2.This case was taken on file for the offence u/Sec. 307 I.P.C. against accused.

3.On appearance of accused, copies of all documents relied upon by the prosecution has been furnished to him as required u/Sec. 207 of Cr.P.C.

4.Since the offence u/Sec. 307 I.P.C is exclusively triable by the Court of Sessions, this case is committed to the Court of Sessions, Ongole as per Sec. 209 (a) of Cr.P.C.

5.Accused is enlarged on bail and he is permitted to continue on bail u/Sec. 209

(b) of Cr.P.C.

6.The case record and other material objects shall be submitted to the Court of

Sessions, Ongole as per Sec. 209 (c) of Cr.P.C.

2

7.The factum of commitment shall be intimated to the Public Prosecutor, Ongole as per Sec. 209 (d) of Cr.P.C.

8.When accused is questioned about the means, he stated that he has means to engage the counsel to defend him before the Court of Sessions in this case.

9.In the result, the case is committed to the Court of Sessions, Ongole u/Sec. 209

(a) of Cr.P.C. for conducting trial and dispose according to Law.

Typed to my dictation by the Typist of this Court, corrected and pronounced by me in open Court, this the 26th day of October, 2018

Sd/- Y. Saritha

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR

Memo of Evidence

- NIL -

Ild/- Y.S. A.J.M.F.C., Giddalur 3

EXTRACT OF PRELIMINARY REGISTERED CASE NO. 26/2018 ON THE FILE OF

ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS, GIDDALUR

------------------------------------------------------------------------------------------------------ Number of the case: P.R.C. 26/2018

Name of the Accused:

Gunthapalli Chinna Badaraiah @ Chinna Badulla, S/o. Chinna Pullaiah, age 49 years, caste by Dudekula, P. Pottireddypalli Village, Komarole Mandal. Aadhar No. 8381 8484 0957.

Substance of the Complaint:

L.W.2/Prodduturi Kasamma and the accused both are relatives, residents of P.

Pottireddypalli Village of Komarole Mandal and living by coolie works. There are ill feelings between the L.W.2/Prodduturi Kasamma and the accused due to family disputes since long time. The accused had been abused & quarreled with

L.W.2/Prodduturi Kasamma frequently, but L.W.2/Prodduturi Kasamma not minded it.

Recently government was sanctioned one building to L.W.2/Prodduturi Kasamma, then

L.W.2/Prodduturi Kasamma handed over the constructing works to L.W.6/Gunthapalli

Khasim. On 16-03-2018 morning at about 08.00 hours while Prodduturi Siva,

Prodduturi Kasamma & Prodduturi Siddaiah (L.Ws. 1 to 3) were present at their home, then the accused came there with abusing L.W.2/Prodduturi Kasamma in vulgar language due to previous disputes kept his mind, when Prodduturi Siva & Prodduturi

Siddaiah (L.Ws.1 & 3) questioned him 'why are you abusing their mother', then the accused armed an iron rod, beaten Prodduturi Siva & Prodduturi Kasamma (L.Ws.1 & 2), regarding they got injuries. Afterwards Prodduturi Siva & Prodduturi Siddaiah (L.Ws.1 & 3) both were approached the village elders Kadapa Narayana Reddy &

Kadapa Yerukala Reddy (L.Ws. 7 & 8) for justice, they told that they would talk tomorrow (i.e. 17-03-2018), again on 17-03-2018 morning Prodduturi Siva & Prodduturi

Siddaiah (L.Ws.1 & 3) approached Kadapa Narayana Reddy & Kadapa Yerukala Reddy (L.Ws. 7 & 8) and returned to home, at about 08.00 hours Prodduturi Siva, Prodduturi

Kasamma & Prodduturi Siddaiah (L.Ws. 1 to 3) were present at home, when the accused came there with having old confrontations were put in mind and hatched a plan with intent to kill them due to previous grudges and prepared with knife as preplanned with abusing in vulgar language, quarreling with them, in the tussle the accused stabbed L.W.2/Prodduturi Kasamma on her left side ribs two times, when

Prodduturi Siva & Prodduturi Siddaiah (L.Ws. 1 & 3) intervened to rescue

L.W.2/Prodduturi Kasamma, then the accused necked out L.W.3/Prodduturi Siddaiah, stabbed L.W.1/Prodduturi Siva in left side ribs with the same knife having intention to kill them. When Prodduturi Siddaiah, Pothuganti Venkateswarlu, Prodduturi Peeraiah & Gunthapalli Khasim (L.Ws.3 to 6) intervened and saved Prodduturi Siva & Prodduturi

Kasamma (L.Ws.1 & 2) from the hands of the accused, then L.W.5/Prodduturi Peeraiah 4 shifted the injured persons to CHC, Giddalur for treatment by an auto. Then the doctor gave treatment to them. After that on receipt of intimation from Medical

Officer, CHC, Giddalur, L.W.14/R. Satyanarayan, SHO of Komarole P.S. visited the

Community Health Center, Giddalur and recorded the statement of L.W.1/Prodduturi

Siva. After that basing on the statement, L.W.14/R. Satyanarayan, SHO of Komarole

P.S. registered it as a case in Cr.No. 18/2018 u/sec. 307 of I.P.C. of Komarole P.S. on 17-03-2018.

Name of the Complainant: The Sub-Inspector of Police, Komarole Police Station. (Cr. No. 18/2018 of Komarole P.S.)

Name of the witnesses for the prosecution :

1. Prodduturi Siva, S/o. Late Chinna Peeraiah, age 25 years, Caste by Dudekula, P. Pottireddypalli Village, Komarole Mandal.

2. Prodduturi Kasamma, W/o. Late Chinna Peeraiah, age 46 years, Caste by Dudekula, P. Pottireddypalli Village, Komarole Mandal.

3. Prodduturi Siddaiah, S/o. Late Chinna Peeraiah, age 27 years, Caste by Dudekula, P. Pottireddypalli Village, Komarole Mandal.

4. Pothuganti Venkateswarlu, S/o. Venkatadri, age 55 years, Caste by Dudekula, P. Pottireddypalli Village, Komarole Mandal.

5. Prodduturi Peeraiah, S/o. Pullaiah, age 52 years, Caste by Dudekula, P. Pottireddypalli Village, Komarole Mandal.

6. Gunthapalli Khasim, S/o. Chinna Pullaiah, age 50 years, Caste by Dudekula, P. Pottireddypalli Village, Komarole Mandal.

7. Kadapa Narayana Reddy, S/o. Narapureddy, age 35 years, Caste by Reddy, P. Pottireddypalli Village, Komarole Mandal.

8. Kadapa Yerukala Reddy, S/o. Chenchu Reddy, age 53 years, Caste by Reddy, P. Pottireddypalli Village, Komarole Mandal.

9. Prodduturi Dastagiri, S/o. Chinna Veeraiah, age 38 years, Caste by Dudekula, Gunthapalli Village, Komarole Mandal. 10.Kommireddy Pedda Rangaswamy Reddy, S/o. Pulla Reddy, age 54 years, Caste by Reddy, P. Pottireddypalli Village, Komarole Mandal. 11.Dr. K. Narendrudu, Santhiram Hospital, Nandyal. 12.Dr. R. Suri Babu, Medical Officer, CHC, Giddalur. 13.Dr. B. Rama Krishna Rao, Scientific Officer, RFSL, Guntur. 14.R. Satyanarayan, SHO, Komarole P.S. 15.SK. Abdul Rahaman, Sub-Inspector of Police, Komarole P.S. 16.B. Brahma Naidu, Sub-Inspector of Police, Komarole P.S.

Summary of the facts proved or confessed:

L.W.2/Prodduturi Kasamma and the accused both are relatives, residents of P.

Pottireddypalli Village of Komarole Mandal and living by coolie works. There are ill feelings between the L.W.2/Prodduturi Kasamma and the accused due to family disputes since long time. The accused had been abused & quarreled with

L.W.2/Prodduturi Kasamma frequently, but L.W.2/Prodduturi Kasamma not minded it.

Recently government was sanctioned one building to L.W.2/Prodduturi Kasamma, then

L.W.2/Prodduturi Kasamma handed over the constructing works to L.W.6/Gunthapalli

Khasim. On 16-03-2018 morning at about 08.00 hours while Prodduturi Siva, 5

Prodduturi Kasamma & Prodduturi Siddaiah (L.Ws. 1 to 3) were present at their home, then the accused came there with abusing L.W.2/Prodduturi Kasamma in vulgar language due to previous disputes kept his mind, when Prodduturi Siva & Prodduturi

Siddaiah (L.Ws.1 & 3) questioned him 'why are you abusing their mother', then the accused armed an iron rod, beaten Prodduturi Siva & Prodduturi Kasamma (L.Ws.1 & 2), regarding they got injuries. Afterwards Prodduturi Siva & Prodduturi Siddaiah (L.Ws.1 & 3) both were approached the village elders Kadapa Narayana Reddy &

Kadapa Yerukala Reddy (L.Ws. 7 & 8) for justice, they told that they would talk tomorrow (i.e. 17-03-2018), again on 17-03-2018 morning Prodduturi Siva & Prodduturi

Siddaiah (L.Ws.1 & 3) approached Kadapa Narayana Reddy & Kadapa Yerukala Reddy (L.Ws. 7 & 8) and returned to home, at about 08.00 hours Prodduturi Siva, Prodduturi

Kasamma & Prodduturi Siddaiah (L.Ws. 1 to 3) were present at home, when the accused came there with having old confrontations were put in mind and hatched a plan with intent to kill them due to previous grudges and prepared with knife as preplanned with abusing in vulgar language, quarreling with them, in the tussle the accused stabbed L.W.2/Prodduturi Kasamma on her left side ribs two times, when

Prodduturi Siva & Prodduturi Siddaiah (L.Ws. 1 & 3) intervened to rescue

L.W.2/Prodduturi Kasamma, then the accused necked out L.W.3/Prodduturi Siddaiah, stabbed L.W.1/Prodduturi Siva in left side ribs with the same knife having intention to kill them. When Prodduturi Siddaiah, Pothuganti Venkateswarlu, Prodduturi Peeraiah & Gunthapalli Khasim (L.Ws.3 to 6) intervened and saved Prodduturi Siva & Prodduturi

Kasamma (L.Ws.1 & 2) from the hands of the accused, then L.W.5/Prodduturi Peeraiah shifted the injured persons to CHC, Giddalur for treatment by an auto. Then the doctor gave treatment to them. After that on receipt of intimation from Medical

Officer, CHC, Giddalur, L.W.14/R.Satyanarayan, SHO of Komarole P.S. visited the

Community Health Center, Giddalur and recorded the statement of L.W.1/Prodduturi

Siva. After that basing on the statement, L.W.14/R. Satyanarayan, SHO of Komarole

P.S. registered it as a case in Cr.No. 18/2018 u/sec. 307 of I.P.C. of Komarole P.S. on 17-03-2018.

Date of Offence: 17-03-2018

Date of report or complaint: 17-03-2018

Date of apprehension (or) appearance : 30-08-2018

Date of closing enquiry : 26-10-2018

Explanation for delay :

This offence was committed on 17-03-2018 and on the same day the case was registered. The charge sheet filed in this case for the offence punishable u/Sec. 307

I.P.C. against the accused and the same was taken on file for the offence punishable u/Sec. 307 I.P.C. against the accused. On appearance of accused before the Court on 6 30-08-2018, he was furnished with copies of case documents as contemplated u/Sec.

207 of Cr.P.C. and posted the matter for consideration. On 26-10-2018 the case is committed to the Court of Sessions, Prakasam Division, Ongole under Section 209(a)

Cr.P.C.

Sd/- Y. Saritha

ADDL. JUDL. MAGISTRATE OF FIRST CLASS,

GIDDALUR

Copy submitted to: The Hon’ble I-Addl. District & Sessions Judge, Prakasam District, Ongole