1 /15 CC 731/2021
IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE
-CUM-JUDICIAL MAGISTRATE OF FIRST CLASS:
KAMAREDDY : KAMAREDDY DISTRICT
PRESENT: Smt Swathi Murari,
Prl. Junior Civil Judge – Cum-
Judl. Magistrate of First Class,
Kamareddy.
On Tuesday, the 20th day of August, 2022
CC.No. 731 of 2021
Between: The State of Telangana through Sub Inspector of Police, P.S.Tadwai … Complainant // And //
Ghanshyam Yadav, S/o. Babulal Yadav, Age: 50 years, Occ: Labour, R/o. Guranthakuloan, Jabalpoor, Sukha Bhaapu, Jabalpur, Madhya Pradesh.
… Accused
This case is coming before me for final hearing in the presence of the Learned Assistant Public Prosecutor for the complainant and Sri K. Srinivas, Advocate, Learned Legal Aid Counsel is appointed for the accused and having stood over the matter till this day for consideration, this court delivers the following:
J U D G M E N T
1. The Sub-inspector of Police, P.S.Tadwai has filed a chargesheet
before this court against the accused for the offence u/s 379 IPC
[short for “Indian Penal Code, 1860”] in Crime no.103/2021.
2 /15 CC 731/2021
2. It is the case of the prosecution that on the night of 05-08-2021 some unknown persons have committed theft of copper coils from the transformers with capacity of 25KVA located in the agircultural field of LW2/Chakali Rajaiah, 16KVA located in the agricultural field of LW4/Chakali Yellaiah, 16KVA located in the agricultural field of LW5/Yeti Durgavva and 16KVA located in the agricultural field of LW10/Chakali Mallagari Gangaiah, all situated at Chityal village sivar, Tadwai Mandal. The missing copper coils was noticed by the LW1/complainant lineman/Jadala Raju and he immediately informed the same to the Asst.Engineer/Sriram
Karunakar. The lineman/Jadala Raju lodged a complaint with the sub-inspector of police,P.S.Tadwai/M.Krishnamurthy on 07-08-2021 basing on which a crime was registered and FIR issued.
The sub-inpsector of police, P.S.Tadwai/M.Krishnamurthy recorded the statement of the complainant and visited the scene of offence. The SI of Police,P.S.Tadwai/M.Krishnamurthy then conducted the scene of offence panchanama in the agricultural fields of –
(a)LW2/Chakali Rajaiah in the presence of G.Karunakar
Reddy/LW7 and J.Raji Reddy/LW8.
(b)LW4/Chakali Yellaiah in the presence of Chakali Pedda
Yellaiah/LW11 and Mangali Pentaiah/LW12
(c)LW5/Yeti Durgavva in the presence of Mallagari Balraju/LW9 and Mallagari Pedda Gangaiah/LW10.
On 24-08-2021 when the sub-inspector of police,
P.S.Tadwai/M.Krishnamurthy was conducting vehicle checking at 3 /15 CC 731/2021
Tadwai ‘x’ roads one person was riding motorcyle bearing registration no.MP-20-ML-9866 was stopped and on checking he was carrying a bag with spanners, screwdriver, cutter,etc and on enquiry the person could not answer properly. Hence, the said person was taken to the police station with the motorcycle, the bag alongwith the contents of the bag. The SI of
Police,P.S.Tadwai/M.Krishnamurthy secured the presence of Boosa
Laxmi Narayana/LW13 and T.Anvesh Goud/LW14 and asked them to enquire the details of the said person. On enquiry by LW13 and LW14 the person stated his name as Ghansyam Yadav/accused and further confessed to have committed the offence of committing theft of copper coils from transformers from various transformers in the Mandals of Rajampet and Tadwai.
Further, the accused stated that he sold some of the stolen copper coils to one Gopi Kanakaiah at Vallur village, Narsingi
Mandal.
The SI of Police,P.S.Tadwai/M.Krishnamurthy recorded the confession and seizure panchanama and seized the motorcyle, the bag, spanners, screwdriver, cutters,etc and copper coils. However, the motorcycle, bag and sapanners,etc are deposited by the investigating officer in Crime.no.104/2021. The investigation officer deposited the copper coils pertaining to this crime in the court vide CPR 374/2021.
The accused was arrested on the same day and was produced for remand on 25-08-2021. The accused has been in judicial custody ever since, being produced before this court once every 14 days.
4 /15 CC 731/2021
The SI, P.S.Tadwai/M.Krishnamurthy filed a chargesheet against the accused u/s 379 IPC. Cognizance was taken against the accused u/s 379 IPC. The accused was examined u/s 239 CrPC [short for ‘Code of Criminal Procedure, 1973”]. The accused denied the allegations and claimed to be tried. Charges were framed u/s 240 CrPC. The accused stated on enquiry that he does not have sufficient means to engage an Advocate counsel. Hence,
Smt.N.Latha advocate, learned legal aid counsel was appointed.
3. According to the prosecution the accused confessed to have committed the following crimes as well:-
(i)Crime no.27/2021 u/s 379 IPC of P.S.Devanpally
(ii)Crime no.40/2021 u/s 379 IPC of P.S.Tadwai
(iiii)Crime no.48/2021 u/s 379 IPC of P.S.Tadwai
(iv)Crime no.111/2021 u/s 379 IPC of P.S.Tadwai
(v)Crime no.104/2021 u/s 379 IPC of P.S.Tadwai
(vi)Crime no.37/2021 u/s 379 IPC of P.S.Rajampet
(vii)Crime no.75/2021 u/s 379 IPC of P.S.Rajampet
(viii)Crime no.59/2021 u/s 379 IPC of P.S.Rajampet
(ix)Crime no.223/2021 u/s 379 IPC of P.S.Devanpally
4. The prosecution has examined PW1 to PW8. Ex.P1 to P7 and
M.O.1 are marked. The learned APP [short for ‘Asst.Public
Prosecutor’] gave up the evidences of LW4/Chakali Yellaiah,
LW5/Yeti Durgavva, LW6/MD.Feroz, LW8/J.Raji Reddy,
LW10/Mallagari Pedda Gangaiah, LW12/Mangali Pentaiah and
LW14/T.Anvesh Goud.
5. The accused was examined u/s 313 CrPC. The accused denied all the incriminating material against him and stated that he has no defense witnesses to be examined.
5 /15 CC 731/2021
6. Heard both sides and perused the record.
7. Point for determination:- Whether the prosecution has proven the guilt of the accused u/s 379 IPC beyond all reasonable doubt?
8. Point:- PW1 is the Lineman. PW1 lodged the complaint/Ex.P1 with
P.S.Tadwai against unknown persons on 07-08-2021. PW1/Jadala
Raju stated that PW2 who is one of the consumers had called him in the morning hours to inform him about the theft of copper coils from the transformer. Further, PW2 stated that he reached the scene of offence and saw that the transformer was fallen on the ground, broke open and the copper coils were missing. PW2 further stated that he does not know who committed the theft of the copper coil from the transformer.
PW2/Chakali Rajaiah is the owner of the agricultural field where one of the transformers is situated, and theft of copper coils were stolen. PW2 stated that some unknown person committed theft of the copper coils from the transformer situated in his agricultural field on the night of 05-08-2021. PW2 further stated that noticed on the morning at around 07:30AM that the transformer had fallen on the ground, top open, copper coils missing and the oil had leaked. Further, PW2 stated that he informed about the theft to PW1 and also the police.
PW3/Dattu Rao stated that on the night of 05-08-2021 some unknown persons committed of copper coils from the transformer sitiated in his agricultural field. PW3 further stated that when he went to his field on the following morning he saw that the transformer had fallen on the ground and it was broke open.
6 /15 CC 731/2021
Further, PW3 stated that on 08-08-2021 the police arrived at the scene of offence and recorded his statement.
PW4/Karunakar Reddy is one of the panchas for the
Ex.P2/scene of offence panchanama conducted in the agricultural field of PW2/Chakali Rajaiah. PW4 further stated that on 08-08- 2021 at 07:30AM when he and LW8/J.Raji Reddy were having tea near a hotel in Chityal village, PW2 informed him about the theft of copper coils from the transformer in his agricultural field and told him to come with him. PW4 further stated that the police were present at the scene of offence when he reached. Further,
PW4 stated that the police conducted scene of offence panchanama in his presence. PW4 further stated that he affixed his signature on the Ex.P2/scene of offence panchanama after he understood the contents of the same.
PW5/Balraju is one of the panchas for the Ex.P3/scene of offence panchanama conducted in the agricultural field of
LW3/Yeti Durgavva. PW5 further stated that in the month of
August the copper coils from the transformer in the agricultural field of LW3/Yeti Durgavva was stolen. Further, PW5 stated that he had taken his cattle for grazing when the police visited the scene of offence and conducted scene of offence panchanama in his presence. PW5 further stated that he affixed his signature on the Ex.P3/scene of offence panchanama after the contents were read over to him.
PW6/Chakali Pedda Yellaiah is one of the panchas for the
Ex.P4/scene of offence panchanama conducted in the agricultural field of LW4/Chakali Yellaiah. PW6 further stated that on 08-08- 2021 when he was working in his agricultural field at about 7 /15 CC 731/2021 10:00AM PW8/investigating officer arrived at the scene of offence which is agircultural field of LW4/Chakali Yellaiah whwre theft of copper wires from the transformer was committed. Further, PW6 stated that PW8/investigating officer conducted scene of offence panchanama in his presence. PW6 further stated that
LW12/Pentaiah was present alongwith him at the time Ex.P4 was being drafted. Further, PW6 stated that he affixed his signature on the Ex.P4/scene of offence panchanama after the contents were read over to him.
PW7/B.Laxminarayana is the Junior lineman and is one of the pancahs to the Ex.P5/attested confession-cum-seizure panchanama and Ex.P6/attested seizure panchanama alongwith
LW14/T.Anvesh Goud. PW7 stated that he was asked by the
Asst.Engineer/Karunakar to go to P.S.Tadwai on 24-08-2021. On reaching the police station alongwith LW14/T.Anvesh Goud the SI,
P.S.Tadwai/PW8 asked them to take the accused aside and enquire his details. PW7 stated that the accused confessed to all of his crimes and also stated that he could show them the place where he has kept the stolen copper coils and cash. The accused then took the police, PW7 and LW14/T.Anvesh Goud to his room, where the police found the stolen copper coils and cash which was seized by PW8/investigating officer under the cover of a panchanama in the presence of PW7 and LW14. PW7 further stated that the accused was carrying a bag with him and back at the police station, the police found spanners, screwdrivers, cutters, one plastic pipe and one mobile phone in it. All of these articles alongwith the motrocycle bearing registration no.MP-20-ML-9866 was seized by the police in the presence of PW7 and LW14 and deposited in this court in Crime no.104/2021 of P.S.Tadwai.
8 /15 CC 731/2021
PW7 further stated that he sold some of the stolen copper coils to one Gopi Kanakaiah at Vallur village, Narsingi Mandal and if the police go with him, he can show the shop of the said person. Accordingly, the police took the accused, PW7 and LW14 to the scrap shop of Gopi Kanakaiah at Vallur village, Narsingi
Mandal where M.O.1/copper bundles were recovered and seized in the presence of PW7 and LW14 which is deposited by the investigation officer/PW8 in this court vide CPR 374/2021.
Further, PW7 stated that he affixed a total of around 13 to 14 signatures on the panchanama and panch chits.
Furthermore, PW7 stated that he can recognise the accused if he saw him again. PW7 rightly identified the accused as standing in the court hall.
PW8/M.Krishnamurthy was the Sub-Inspector of police,
P.S.Tadwai who received the Ex.P1/complaint, recorded the statements of PW1, PW2, PW3, PW4, LW4, LW5 and LW6.
Further, PW8 visited the scenes of offence at the agircultural fields of PW2/Chakali Rajaiah, LW5/Yeti Durgavva, Chakali Mallagari
Gangaiah and LW4/Chakali Yellaiah and conducted the
Ex.P2,P3,P4/scenes of offence panchanama in the presence of
PW4,LW8,PW5,LW10,PW6 and LW12 respectively. Furthermore,
PW8 arrested the accused and recorded the Ex.P5/confession-cum- seizure panchanama and Ex.P6/seizure panchanama in the presence of PW7 and LW14 and deposited M.O.1 in this court vide CPR 374/2021. PW8 further obtained the CCTV footage from
LW6/MD Feroz alongwith certificate u/s 65-B Indian Evidence Act, 1872. However, the CD of the CCTV footage is not filed before this court. Hence, the learned APP gave up the evidence of
LW6/MD.Feroz. PW8 further stated that the accused is involved in 9 /15 CC 731/2021 a total of 9 cases. PW8 filed chargesheet on completion of the investigation.
9. Law says:-
(i) The rule of best evidence is that, Direct evidence is the best evidence. Direct evidence is the evidence that can be conceived by any one of the five senses.
(ii) Section 25 of the Indian Evidence Act, 1 872 states that confession made to a Police Officer is irrelevant. Therefore, the confession statement made by the accused to PW8 is inadmissibile in evidence.
(iii)Section 221 (1) of CrPC states that “If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can proved will constitute, the accused may be charged with having committed all or any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences”
Section 221 (2) of CrPC states that “If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it”
(iv) As per Section 27 of Indian Evidence Act, 1872 the confession made by the accused while in custody of the Police is inadmissible, but where such a confession leads to the recovery of a material thing, it can be held admissible to the extent of such recovery.
10 /15 CC 731/2021
(v) Illustration (a) to Section 114 of Indian Evidence Act, 1872 states that – “The Court may presume – that a man who is in possession of stolen goods soon after the theft, is either the thief or had received the goods knowing them to be stolen, unless he can account for his possession.”
10.Law applied to the case on hand:-
(i)PW7 stated that “The accused then stated to me that the stolen copper wires and the amount are kept by him at his room at
Beedi Workers Colony, Kamareddy. I alongwith LW14 and police went to the room of the accused. The accused showed us 2 coils, each weighing 3 to 4Kgs and 4 to 5Kgs respectively and
Rs.16,000/- in Rs.500/- note denomination.”
As the accused was found in the possession of the copper wires/M.O.1 which possession he could not explain, as per the provisions of Section 221(2) CrPC cognizance is taken of the offence u/s 411 IPC against the accused.
Section 411 IPC reads as under:- “Dishonestly receiving stolen property:- Whoever dishonestly recevies 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.”
As the offence u/s 411 IPC is not a distinct offence, separate charges are not required to be framed.
(iii) As per Section 27 of Indian Evidence Act, 1872 the confession made by the accused while in custody of the Police is inadmissible, but where such a confession leads to the recovery of 11 /15 CC 731/2021 a material thing, it can be held admissible to the extent of such recovery.
(iv) Illustration (a) to Section 114 of Indian Evidence Act, 1872 states that – “The Court may presume – that a man who is in possession of stolen goods soon after the theft, is either the thief or had received the goods knowing them to be stolen, unless he can account for his possession.”
11.Law applied to the case on hand:-
(i) There are no eye-witnesses to this offence. In other words, none of the witnesses have seen the accused either at the scene of offence, nor has anyone seen the accused committing the theft of the copper coils.
(ii) However, M.O.1 was recovered from the possession of the accused in the presence of PW7 and LW14. As per Section 27 and illustration (a) to Section 114 of Indian Evidence Act, 1872, since the Ex.P5/confession-cum-seizure panchanama and Ex.P6/seizure panchanama statement of the accused lead to the recovery and seizure of the M.O.1 the possession of which could not be explained by the accused, it is safe to presume that the accused is not only the retainer of M.O.1 but he has, indeed, committed theft of the copper coils. This presumption is unrebutted.
12.To sum it up, there are no eye witnesses to the commission of the offence u/s 379,411 IPC. However, as per Section 114 illustration (a) of Indian Evidence Act, 1872 the presumption goes against the accused, as he could not explain the possession of
M.O.1. Further, though Ex.P5/confession statement and
Ex.P6/seizure panchanama of the accused is hit by Section 25 12 /15 CC 731/2021
Indian Evidence Act, as it lead to the recovery of M.O.1 which was recovered from the unexplained possession of the accused, the
Ex.P5 and P6 is relevant to the extent of such recovery. Thus, the prosecution has proven the guilt of the accused u/s 379,411 IPC beyond all reasonable doubt.
13.Therefore, the accused is found guilty for the offence u/s 379, 411 IPC and convicted u/s 248(2) CrPC.
Transcribed, corrected and pronounced by me in the open court, on this the 20th day of August, 2022
Prl. Junior Civil Judge-cum-
Judicial Magistrate of First Class,
Kamareddy
14.The accused is produced from District jail, Nizamabad and is questioned about the quantum of sentence to be imposed on him for the offence u/s 379 and 411 IPC. The accused stated that he is innocent. The accused further prayed the court to take a lenient view.
15.Taking into consideration the nature of the offence, I am not inclined to extend the provisions of Section 3 of Probation of
Offenders Act,1958 to the accused.
16.In the result, the accused is found guilty for the offence u/s 379,411 IPC and convicted u/s 248(2) CrPC. The accused is sentenced to undergo Simple Imprisonment for a period of 1 year months(12 ) for the offence u/s 379 IPC and to pay a Fine of 13 /15 CC 731/2021 2,0Rs. 00/- for the offence u/s 411 IPC . In default of payment of the Fine amount the accused shall undergo Simple Imprisonment for a further period of 7 days. The accused was in judicial custody since 25-08-2021. The remand period shall be set-off u/s 428 CrPC.
17.The accused is informed of his right to appeal and their right to legal aid.
18.M.O.1 which is deposited in the court vide CPR
No.374/2021 shall be returned to the Asst.Engineer/Karunakar on filing of a petition or shall be disposed off in accordance with
Law after expiry of the appeal period.
Transcribed, corrected and pronounced by me in the open court, on this the 20th day of August, 2022
Prl.Junior Civil Judge-cum-
Judicial Magistrate of First Class,
Kamareddy 14 /15 CC 731/2021
APPENDIX OF EVIDENCE
Witness Examined For Prosecution: For Defence:
PW-1: Jedala Raju -None-
PW-2: Chakali Rajaiah
PW-3: V. Dathu Rao
PW-4: Gundreddy Karunakar Reddy
PW-5: Mallagari Balraju
PW-6: Chakali Pedda Yellaiah
PW-7: Boosa Laxmi Narayana
PW-8: M. Krishnamurthy
Exhibits Marked
For Prosecution: For Defence:
Ex.P-1: Complaint -Nil-
Ex.P-2: Scene of offence panchanama.
Ex.P-3: Scene of offence panchanama in the
Agricultural field of LW-5.
Ex.P-4: Scene of offence panchanama in the
Agricultural field of Chakali Chinna Yellaiah.
Ex.P-5: Attested confession cum seizure panchanama.
Ex.P-6: Attested copy of Seizure panchanama.
Material Objects Marked
M.O.1: Two Copper wire bundles and deposited in the Court vide CPR No. 374/2021.
Prl. Junior Civil Judge – Cum- Judl. Magistrate of First Class, Kamareddy.
15 /15 CC 731/2021
IN THE COURT OF THE PRL. JUNIOR CIVIL JUDGE – CUM -
JUDICIAL MAGISTRATE OF FIRST CLASS,
AT: KAMAREDDY.
CC.No. 731 of 2021
in
(Crime No. 103/2021)
of
(P.S. Tadwai)
1Name of Complainant:: The State of Telangana through Sub Inspector of Police, police station, Tadwai 2Name/s of Accused:: Ghanshyam Yadav 3Nature of Offence:: Sections 379 and 411 IPC 4Finding:: Found guilty for the offences u/sec. 379 and 411 IPC 5Sentence :: sentenced to undergo Simple Imprisonment for a period of 1 year (12 months ) for the offence u/s 379 IPC and to pay a Fine of 2,0Rs. 00/- for the offence u/s 411 IPC. In default of payment of the Fine amount the accused shall undergo Simple Imprisonment for a further period of 7 days.
6Date of Occurrence of offence :: 05-08-2021 7Date of Complaint:: 07-08-2021 8Date of apprehension:: 24-08-2021 9Date of remand:: 25-08-2021 10Date of Commencement of :: 24-11-2021 trial 11Date of Closure of trial:: 19-04-2022 12Date of Sentence or Order:: 20-08-2022 13Explanation of delay::--
Prl. Junior Civil Judge – Cum- Judl. Magistrate of First Class, Kamareddy.
To: The Hon’ble I-Addl. District & Sessions Judge, Kamareddy,