smt. shivaranjani

1 of 4 C.C.No.298/2020

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT NARSAMPET

Friday, this the 12th day of March, 2021

Present:- V. Sanketh Mithra,

Judicial Magistrate of First Class,

Narsampet.

C.C.No.298 OF 2020

Between:-

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

AND

A-1 Guguloth Veeranna, S/o.Mangya, Age:28 years, Occu:Agril A-2 Gigiloth Mangya, S/o.Chakru, Age:55 years, Occ:Agril. A-3 Guguloth Hachi, W/o.Mangya, Age:50 years, A-4 Guguloth Chandulal S/o Mangya, Age:25 yrs,Occ: Agril All are R/o.Pedda thanda(V) Nellikuduru Mandal.

… Accused

This case is coming before me on 12.02.2021 for final hearing in the presence of learned Sr.APP for the State and Sri S.Kiran Kumar, Advocate for accused and having stood over for consideration till this day, upon perusing the material on record this Court delivered the following:-

:: JUDGMENT ::

The Sub-Inspector of Police, Gudur Police Station has filed charge sheet against the accused No.1 to 4, in Crime No.77/2020 for the offence u/S.498-A, and Section 3 and 4 of DP Act.

2.The brief facts of the prosecution case are as follows:-

The marraige of LW1/Guguloth Bargavi and accused no.1 solemnized 5 months back and lived happily for one month and thereafter accused no. 1 started harrasing LW1 to bring additional dowry of Rs.1,00,000 for purchase of agriculture land and accused No 2 to 4 supported the acts of accused No 1and all accused harrassed LW1 physically and mentally for additional dowry. On that account LW1 informed harrassment to her parents on that they approached 2 of 4 C.C.No.298/2020 caste elders LW6 to LW9 and conducted panchayath and admonished accused

No 1 to 4 and advised to look after well. But they did not change attitude and continued the harrassment and beat her with stick on her back side and necked out from matrimonial home on 17.05.2020. Finally LW1 lodged a report before police against the accused No 1 to 4. On receipt of written information, LW13/

Ch.Sambaiah, ASI of Police registered a case in Crime No.77/2020, for the offence u/S.498 (A), sec 324 IPC,Sec.3 and 4 of Dowry Prohibition Act, issued

FIR and took up the investigation of this case. During the course of investigation, he examined and recorded the statements of LW1/G.Bargavi,

LW2/Banoth Keema, LW3/Banoth Bujji and further visited the scene of offence in the presence of mediators LW10/Banoth Bhavana and LW11/Banoth

Santhosh and conducted scene of offence panchanama. Later examined

LW4/B.Veerababu,LW5/B.Devender,LW6/M.Bavsinghand

LW7/B.Vijaykumar and recorded their statement in part-II CD. Subsequently

LW14/SK.Yaseen, SI of police took up the investigation and verified the investigation done by LW13 and found on proper lines. Further LW14 visited the Peddathanda of Nellikudur Mandal and examined the LW8/Banoth Raju and

LW9/ Banoth Eranna and recorded their statement. On 24.05.2020 LW14 served the notice u/s 41 A Cr.P.C to the accused. He collected the medical certificate of

LW1 from LW12/Dr.Rajakattaiah. After completion of investigation LW14 filed charge shet against accused No 1 to 4.

3.The Court took cognizance for the offence under Sections 498-A,sec 324 r/w 34 IPC, Sec.4 of D.P.Act and on appearance of the accused before the

Court, copies of documents were furnished to them as contemplated U/s.207

Cr.P.C., and the accused are examined u/S.239 of Cr.P.C., in respect of charges 3 of 4 C.C.No.298/2020 framed under Sections 498-A.324 r/w 34 IPC , Sec.3 and 4 of DP Act against the accused, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.

4.To prove its case, prosecution examined PWs 1 to 3 and got marked

Exs.P-1 to P-4. The Sr.APP has given up the evidence of remaining witnesses i.e.,LW4/B.Veerababu,LW5/B.Devender,LW6/M.Bavsinghand

LW7/B.Vijaykumar. LW8/Banoth Raju and LW9/ Banoth Eranna

LW10/Banoth Bhavana and LW11/Banoth Santhosh LW12/Dr.Rajakattaiah

LW13/Ch.Sambaiah, ASI of Police LW14/SK.Yaseen, SI of police.

5.Since there is no incriminating material against the accused no.1 to 4 in the evidence of prosecution witnesses, the examination of accused u/S.313

Cr.P.C. is dispensed with.

6.Heard both sides. Perused material on record.

7. Now the point for determination is:

"Whether the prosecution has proved the guilt of the accused No.1 to 4

for the offence under Sections 498-A,324 r/w 34 IPC and Section 3 and 4 of

Dowry Prohibition Act beyond all reasonable doubt?”

8.In this case, the prosecution has examined the defacto complainant/vic- tim as PW1, and deposed that she does not know anything about the facts of the case. About one year back she had tussle with accused no.1 to 4 on that

Police obtained her signature on white paper and she does not know what was written on it. However she admitted her signature on Ex.P1-Report

dt:19.05.2020. PW2 & PW3 are parents of PW1 deposed in the same lines of

PW1. The learned Sr.APP with the permission of the court declared them as 4 of 4 C.C.No.298/2020 hostile, but nothing was elicited from them except marking their 161 Cr.P.C.

statements as Exs.P2 to P4 respectively.

9.As the material witness PW1/ victim and PW2 and PW3 turned hostile and did not support the case of the prosecution, the case against accused No 1 to 4 is not established. Therfore the point is answered in favour of the accused No 1 to 4 and entitled for acquittal.

10.In the result, the accused No.1 to 4 are found not guilty for the offence u/

Secs. 498-A,324 r/w 34 IPC, and Section 3 and 4 of Dowry Prohibition Act and they are acquitted u/S.248(1) Cr.P.C. The bail bonds of the accused no.1 to 4 if any, shall stand cancelled after expiry of appeal time.

(Typed, corrected and pronounced by me in the open Court on this the 12th day of March, 2021)

V SANKETHDigitally signed by V

SANKETH MITHRA

MITHRADate: 2021.03.12 14:52:38 +0530 Judicial First Class Magistrate, Narsampet

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: For Defence:

PW-1 : Guguloth Bargavi/Victim - None - PW-2 : Banoth Keema/Circumstantial witness PW-3 : Banoth Bujji/ Circumstantial witness

EXHIBITS MARKED

For Prosecution: Ex. P1 : Signature of PW1 on report dated:19.05.2020. Ex. P2 : 161 Cr.P.C. statement of PW1. Ex. P3 : 161 Cr.P.C. statement of PW2. Ex. P4 : 161 Cr.P.C. statement of PW3.

Material Objects Marked : - NIL -

Digitally signed by V

V SANKETH

SANKETH MITHRA

MITHRADate: 2021.03.12 14:52:45 +0530 Judicial First Class Magistrate, Narsampet

O.S. No.06 of 20191 of 4

IN THE COURT OF THE JUNIOR CIVIL JUDGE AT NARSAMPET

Friday, THE 12th DAY OF March, 2021

PRESENT:- V. Sanketh Mithra, Junior Civil Judge, Narsampet

O.S.No.6 OF 2019

BETWEEN:

A.P.Grameena Vikas Bank(formerly known as Kakatiya Grameena Bank and in corporated under banking company’s act) with H.o at Hanamkonda and branch office at Mandapally,Warangal(R.D) and represented by Sri T Sudheer kumar, S/o.John, Age 54 years, Occ: Branch manager, …Plaintiff

And

1. Ganta Ram Reddy, S/o.GuruvaReddy,R/o.Venkatapur(v) of Duggondi mandal, Warangal District.

2. Anumula Ramesh S/o Narsaiah,R/o Girnibavi(v),Duggondi mandal,Warangal district.

3. Singireddy Lingareddy S/o Chandraiah,R/o Venkatapur(v) of Duggondi mandal, Warangal District. … Defendants

This suit is coming before me on 23.02.2021 for final hearing in the presence of Sri Shaik Rahimuddin, counsel for plaintiff and the defendants remained exparte and the matter having been heard and stood over for consideration till this day, this Court delivered the following.

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

This suit is filed praying to pass preliminary & final decree for the sale of mortgaged property for recovery of an amount of Rs.1,74,428/- and to award pendentlite interest and future interest @12% per annum and to award costs of the suit.

2.The averments of the plaint, in brief, are as follows:

The plaintiff bank sanctioned a loan of Rs.1,00,000 to the father of the defendant No.1 to purchase drip irrigation equipment. For the said loan amount defendant No. 2 and 3 stood as guarantor for the father of the defendant No.1. In respect of the said loan amount father of the defendant No.1 excuted a loan

O.S. No.06 of 20192 of 4

agreement and defendant No.2 and 3 excuted letter of guarenee on 28.02.2005 in favour the plaintiff bank. It is further stated that the father of the defendant No.1 subimitted folio pahani and obtained the said loan by mortgage of agriculture land to an extent of AC.2.26 gts in survey no.238,238/A,238/B,238/C,238/D situated at Venkatapur village Duggondi Mandal Warangal District through registered mortgage deed document No.90/2005, Dt:15.02.2005. He opened a loan account bearing no.1045025302 in the plaintiff’s bank for the withdrawl of sanction amount and used to deposit the instalment of loan amount. He died leaving the defendant No.1 as his legal heir. As per the terms the loan amount shall be payble in 6 yearly instalments from the year 2006 along with interest.

However the father of the defendant no.1 failed to repay the loan amount as such on repeated request he excuted revival letters. Finally the plaintiff bank got issued legal notice and received the same but neither paid nor replied. Hence the plaintiff bank filed this suit.

3. On service of summons on the defendants, they failed to appear before the Court, hence they were set exparte on 01.03.2019.

4.To substantiate the suit claim, the plaintiff got examined himself as

PW-1 and got marked Exs.A-1 to A-14.

5.Heard the counsel for plaintiff. Perused the record.

6.Now the point for determination are:

(1) Whether the plaintiff is entitled as prayed for?

(2) To what relief?

POINT NO.1:

7. The plaintiff has reiterated the averments of the plaint in his examination in chief. The testimony of PW.1 remained unchallenged as the

O.S. No.06 of 20193 of 4

defendants are set exparte.

8.The unchallenged testimony of PW.1 is that the father of the defendant

No.1 obtained loan of Rs.1,00,000/- from the plaintiff bank on 28.02.2005 by executing the Ex.A2 and A5 and further revived the loan amount under Ex.A7 to

A10 and defendant No. 2 and 3 excuted letter of guantee under Ex.A3. Further

Ex.A11 is the legal notice issued to defendant No 1 to 3 claiming the loan amount eith accrued interest, Ex.A12 is the postal reciept and Ex.A13 is the postal acknowledgement and Ex.A14 pertaining to the statement of the account of Ganta

Guruvareddy who is father of the defendant No.1. The unchallenged testimony of PW.1 is corroborated with Ex.A.1 to Ex.A14 and establishes the plea of the plaintiff. Hence, the point No.1 is answered in favour of plaintiff.

POINT NO.2:

9.In the result, the suit is decreed and a preliminary decree is passed against the defendant no.1 to 3 for Rs.1,74,428 (Rupees one lakh seventy four thousand four hundred twenty eight only) with interest @ 10% per annum on the principal amount of Rs.1,00,000/- (Rupees one lakh only) from the date of the suit to till the date of realization. The time for redemption is three months.

(Typed to my dictation, corrected and pronounced by me in the open Court on this the 12th day of March, 2021)

Digitally signed by V

V SANKETH

SANKETH MITHRA

MITHRADate: 2021.03.12 14:53:37 +0530

JUNIOR CIVIL JUDGE,

NARSAMPET

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF: FOR DEFENDANTS:

PW-1: S.Kishan Singh - NIL-

O.S. No.06 of 20194 of 4

EXHIBITS MARKED

FOR PLAINTIFF: Ex.A1 : Loan Application, Dt:28.02.2005 Ex.A2 : Loan Agreememt, Dt:28.02.2005 Ex.A3 : Letter of Guarantee, Dt:28.02.2005 Ex.A4 : True copy of pahani for the year 2001-02, Dt:31.01.2005 Ex.A5 : Mortgage Deed, Dt:15.02.2005 Ex.A6 : Irrigation System Commisioning Certificate, Dt:25.03.2005 Ex.A7 : Revival Letter, Dt:20.01.2008 Ex.A8 : Revival Letter,Dt:22.12.2010 Ex.A9 : Revival Letter,Dt: 10.10.2013 Ex.A10: Revival Letter, Dt:01.10.2016 Ex.A11: Legal notice, Dt:24.03.2017 Ex.A12: Postal Reciept, Dt:25.03.2017 Ex.A13: Postal acknwoledgement, Dt:03.04.2017 Ex.A14: Statement of account, Dt:09.08.2018

FOR DEFENDANTS: NIL

Digitally signed by V

V SANKETH

SANKETH MITHRA

MITHRADate: 2021.03.12 14:53:46 +0530

JUNIOR CIVIL JUDGE,

NARSAMPET

1 of 3 C.C.No.380 of 2019

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT NARSAMPET

Friday, this the 12th day of March, 2021

Present: V.Sanketh Mithra,

Judicial Magistrate of First Class,

Narsampet.

C.C.No.380/2019

BETWEEN:

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

And

Thanda Sathyanarayana,S/o.Narsaiah, Age:38years, Caste:Gouda, Occ:Lorry Driver, R/o.Nakkalapally Village of Narkatpally Mandal, Nalagonda District.

… Accused

This case came before me on 12.03.2021 for final hearing in the presence of learned Sr.APP for the State and accused in person and having stood over for consideration till this day, upon perusing the material on record this court delivered the following:

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

The Sub-Inspector of Police, Narsampet Police Station has filed charge sheet against the accused in Crime No.94/2019 for the offences u/S.338 IPC.

2.The brief facts of the prosecution case, on 21.05.2019 morning at about 10.00 hours father of Edula Ravi/LW1 Edula Sudhan/LW2, along with their villager Nampelly Sambashivudu/LW3, went to Narsampet on the bike bearing No.AP-36-H-3990 of his father. After completion of their work, while they were returning from Narsampet at about 1500 hours, on the way when they reached near the Mill at the outskirts of Maheshwaram village at about 1510 hours, at the same time one Lorry bearing No.TS-05-UD-2025 proceeding from the way bridge and its driver drove his Lorry in rash and negligent manner and dashed against the bike of LW2. As a result of which LW2 who is riding the bike and his pillion rider Sambashivudu/LW3 fell down, due to which LW2 received severe bleeding injuries over his right knee and femur, where Sambhashivudu received/ 2 of 3 C.C.No.380 of 2019

LW3 bleeding injuries over his head and hands. Immediately one Chinnapally Sailu/LW4 who is working in the mill noticed the same and informed the same to LW1 through phone. Immediately LW1 reached the spot and shifted his injured father LW2 and LW3 to Narsampet Kantem Ravi Kiran Hospital, where after providing first aid, they again shifted them to Maxi care Hospital, Hanamkonda and admitted for treatment. On receipt of the report from LW1/E.Ravi, Sub-Inspector of Police/LW10 registered a case in Crime No.94/2019 for the offences punishable u/S.338 IPC and issued FIR and took up investigation of this case. During the course of investigation, he examined and recorded the statements of witnesses LW1/E.Ravi, LW4/Ch.Sailu, LW5/P.Sampath and LW6/P.Karnakar and visited the scene of offence prepared scene observation panchanama in Crime Details Form in the presence of LW7/P.Arunaker, LW8/P.Masthan and drafted rough sketch of the scene in the presence of mediators. Further he visited the Max Care Hospital he examined LW2 and therafter visited the Thimmampet village examined LW3. Thereafter LW9 issued 41(A) crpc notice to accused. After completion of investigation, Sub-Inspector of Police/LW10 filed charge sheet against the accused.

3.The Court took cognizance for the offences u/Ss.337,338 IPC against the accused and on his appearance before the Court, copies of documents was furnished to him as contemplated U/s.207 Cr.P.C., and he is examined U/s.251 of Cr.P.C., for the accusation U/s.337,338 IPC and same is read over and explained to him in Telugu, to which he pleaded guilty. He is informed that he is not bound to make such admission and the same will be used against him.

4.He stated that his admission is a voluntary one and that there is no threat, force or coercion from anybody to make such admission. The Court satisfied that the admission of guilt by him is a voluntary one and the same is free from force, threat or coercion. Hence, the accused is found guilty of the offences under Sections U/s. 337,338 of the Indian Penal Code and he is accordingly convicted under Section 252 Cr.P.C., for the said offences. Considering the above, the accused is not entitled to the benefits of Probation of Offenders Act.

V SANKETHDigitally signed by V

SANKETH MITHRA

MITHRADate: 2021.03.12 14:54:31 +0530

Judicial Magistrate of First Class,

Narsampet

5.When the accused is questioned with regard to the quantum of sentence, he pleaded mercy of the Court stating that he is a sole bread winner in the family and there are none to look after his family members .

3 of 3 C.C.No.380 of 2019

6.Having regard to the above submission of the accused and his social status, it would be just and proper to take a lenient view in imposing the sentence against him.

7.In the result, the accused is found guilty for the offences punishable U/ss.337,338 IPC and sentenced to pay a fine of Rs.500/- for the offence u/s. 337 IPC and Rs.1000/- for the offence u/s.338 IPC in default, to suffer simple imprisonment for one month for each offence. Both the sentences shall run concurrently.

The office is directed to furnish free copy of the judgment to the accused forthwith.

(Typed, corrected and pronounced by me in the open Court on this the 12th day of March, 2021).

V SANKETHDigitally signed by V

SANKETH MITHRA

MITHRADate: 2021.03.12 14:54:39 +0530 Judicial First Class Magistrate, Narsampet

APPENDIX OF EVIDENCE

NIL Digitally signed by V

V SANKETH

SANKETH MITHRA

MITHRADate: 2021.03.12 14:54:55 +0530 Judicial First Class Magistrate, Narsampet.

1 of 3 C.C.No.253 of 2020

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

AT NARSAMPET

Friday, this the 12th day of March, 2021

Present: V.Sanketh Mithra,

Judicial Magistrate of First Class,

Narsampet.

C.C.No.253/2020

BETWEEN:

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

And

Mudu Narsimha,S/o.Chanda, Age:52years, Caste:ST lambada, Occ:Agriculture, R/o.Akula thanda village of Narsampet mandal … Accused

This case came before me on 12.03.2021 for final hearing in the presence of learned Sr.APP for the State and accused in person and having stood over for consideration till this day, upon perusing the material on record this court delivered the following:

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

The Sub-Inspector of Police, Narsampet Police Station has filed charge sheet against the accused in Crime No.92/2020 for the offences u/Ss.283,338 IPC.

2.The brief facts of the prosecution case:-

(i) On 14-05-2020 morning 09:00 hours the father of LW1 Koudagani Sambaiah S/o Veeraiah, Age:65 yrs, Agriculture went to narsampet on bajaj kawasaki motor cycle bearing no.AP 36 K 6813 on his personal work. After completion of work, while he was returning to home at itukalapally village at about 10.30 hours he reached to ippalthanda stage, on NH 365 road the paddy was dried without any permission and put stones in a neglegent manner without taking any precautions and his father hit to stones and fell down on the road and received injury to his right thigh and right shoulder, this incident was witnessed by his villager Boragani Krishna/LW3 shifted him to kantem Ravikiran Hospital at narsampet and provided first aid and gave information to them. On receipt of 2 of 3 C.C.No.253 of 2020 information, they rushed to the hospital, on the advise of doctors shifted his father to Shanmukha Vyshnavi hospital at Dilsukhnagar, Hyderabad and admitted for better treatment. On enquiry he came to know siad person is Kudu Narasimha S/o. Chanda, Age 52 years, R/o.Akula thanda. Finally, he requested for taking necessary action against above person as per law.

(ii) On receipt of the report from Lw1/K. Ramesh, Sub-Inspector of Police/LW9 registered a case in Crime No.92/2020 for the offences punishable u/Ss.283,337 IPC and issued FIR and took up investigation of this case. During the course of investigation, he examined and recorded the statements of witnesses LW1/K. Ramesh, Lw3/B.Krishna, Lw4/B.Ravinder and Lw5/B.Chander Rao and visited the scene of offence prepared scene observation panchanama in Crime Details Form in the presence of LW6/J.Hema, LW7/K.Satheesh and drafted rough sketch of the scene in the presence of mediators. Thereafter LW9 issued 41(A) crpc notice to accused. After completion of investigation, Sub-Inspector of Police/LW9 filed charge sheet against the accused.

3.The Court took cognizance for the offences u/S.283,338 IPC against the accused and on his appearance before the Court, copies of documents furnished to him as contemplated U/s.207 Cr.P.C., and he is examined U/s.251 of Cr.P.C., for the accusation U/s.283,338 IPC and same is read over and explained to him in Telugu, to which he pleaded guilty. He is informed that he is not bound to make such admission and the same will be used against him.

4.He stated that his admission is a voluntary one and that there is no threat, force or coercion from anybody to make such admission. The Court satisfied that the admission of guilt by him is a voluntary one and the same is free from force, threat or coercion. Hence, the accused is found guilty of the offences under Sections U/s. 283,338 of the Indian Penal Code and he is accordingly convicted under Section 252 Cr.P.C., for the said offences. Considering the above, the accused is not entitled to the benefits of Probation of Offenders Act.

V Digitally signed by V

SANKETHSANKETH MITHRA

Date: 2021.03.12

MITHRA16:12:04 +0530

Judicial Magistrate of First Class,

Narsampet

5.When the accused is questioned with regard to the quantum of sentence, he pleaded mercy of the Court stating that he is a sole bread winner in the family and there are none to look after his family members .

3 of 3 C.C.No.253 of 2020

6.Having regard to the above submission of the accused and his social status, and also having regard to the property involved in the offence, it would be just and proper to take a lenient view in imposing the sentence against him.

7.In the result, the accused is found guilty for the offences punishable U/ss.283,338 IPC and sentenced to pay a fine of Rs.200/- for the offence u/s. 283 IPC and Rs.1000/- for the offence u/s.338 IPC in default, to suffer simple imprisonment for one month for each offence. Both the sentences shall run concurrently.

The office is directed to furnish free copy of the judgment to the accused forthwith.

(Typed, corrected and pronounced by me in the open Court on this the 12th day of March, 2021).

Digitally signed by V

V SANKETH

SANKETH MITHRA

MITHRADate: 2021.03.12 16:12:13 +0530 Judicial First Class Magistrate, Narsampet

APPENDIX OF EVIDENCE

NIL Digitally signed by V

V SANKETH

SANKETH MITHRA

MITHRADate: 2021.03.12 16:12:20 +0530 Judicial First Class Magistrate, Narsampet.