8
CALENDAR AND JUDGMENT
IN THE COURT OF THE IUDL. MAGISTRATE OF FIRST CLASS: PIDUGURALLA
Calendar Case No,161/2012.
Between STATE : Inspector of police,
S.H.O. Piduguralla P.S
Description of the Accused Chillara Suresh @ Jupitar, S/o.Bikshalu,
A/26 years, C/Telaga, D.No.3-32, Turpu
Bazar, Near Sivalayam, Gorantla (V), Guntur
Rural Mandal
Offence
U/Secs,454, 380 or 411 IPC
Plea of Accused :Not guilty
Finding of the Court Found guilty for the offences U/Secs.454,
380 of IPC Sentence or Order In the result, accused is found quilty for the
offences punishable U/Secs.454, 380 IPC.
Therebyy accused is convicted U/Sec.248(2)
Cr.P.C. Accused is sentenced imprisonment
of six months and a fine of Rs.500/- in default of payment of fine he shall under go
Simple Imprisonment for one month for the
offence under sec.380 of IPC. Further the
accused is sentenced imprisonment of six months and a fine of Rs.500/- in default of
payment of fine he shall under Simple
imprisonment for one month for the offence
under sec.454 of IPC. Both the
sentences shall run concurrently, except the
payment of fine amount. The remand
period already undergone by the accused
from 31.01.2012 to 16.02.2012 and from
30.10.2013 to 28.3.2014 and from 22,05.2017 to till date i.e. 20.06.2017 shall be set off U/Sec.428 IPC. Accused is
informed about his right to appeal against
this judgment. Date of Offence 22.01.2012; 20.01.2012; 27.01.2012 Complaint/taken on file 05.05.2012
Apprehension of Accused
31.01.2012 Released on bail Commencement of trial 25.02.2015 Closure of trial 13.06.2017 Judgment 20-06-2017
Explanation for the delay:
The Sub-Inspector of police Piduguralla P.S filed charge sheet against
accused for the offences U/Secs, 454 2R0PC. On 05.05.2012 this case was taken on file against accused for the offences /Sore A54, 380 or 41l of IPC. On 18.06.2012 the
copies of documents are furnished to the accused and on 14.3.2014 the accused
examined U/Sec.239 Cr.P.C and charoee ucacs 454, 380 or 411 IPC against accused are framed, read over and explained to him intelugu, for which he pleaded not guilty and claimed to be tried. On 25.02.2015 PW 1 d PW.2 examined and Exs.Pl and P2, Mos 1 to 4 are marked. On 06.04.2015 PW.3 exnined and Mos 1 to 6 marked, On 9.04.2015
arked. After ciosure ot prosecution
W4 and PW5 are examined and Ex.P3 to EP
USec.313 CrPC about the incriminating
evidene on 5.06.2017 accused is examined
maternal found against hìm, he denied the sat and reported no defense evidence. On
03.06.2017 heard argunents on both sides. 20.06.2017 Judgment pronounced vide
Separate judgment. Hence the delay.
# Addl. Junior Civil Judge, Gurázala,
FAC JUDL MAGISTRATE OF FIRST CLASS
PIDUGURALLA
Copy submitted to:
The Chief judicial Magistrate, Guntur.
Note
Fine amount of Rs.1000/- paid on 20.06.201
1
TN THE COURT
OF JUDICIAL MAGISTRAE OF FIRST CLASS # PIDUGURALLA Present: Smt. TJyothsna Devi, B.Com, LL.B.,
Il Addl. Junior Civil Judge, Gurazala
FAC Judicial Magistrae or first Class, Piduguralla
Tuesday. the 20" ddy or June, 2017
C.C. No101/2012.
Between:
State: Inspector of police,
S.H.O. Pidugurala P.S
. Complainant
And
Chillara Suresh @ jupitar, S/o.Bikshalu,
A|26 years, C/Telaga, D.No.3-32, Turpu Bazdl
Near Sivalayam, Gorantla (V). Guntur Rural Mandal
Accused
This case is coming before me on today for final hearing in the presence of
Assistant Public ProseCutor for the complainant and Sri Chinnam Mani Babu and Smt.
Manikyam, Advocate for accused and upon considering the material on record and
naving stood over till this day for consideration this court delivered the following:
LUD_G MENT
The Inspector of police, Piduguralla P.S laid charge sheet against the
accused for the offences U/Secs,454, 380 or 411 IPC.
2 The brief averments of the charge sheet are that;
On 27.1.2012 between 8.00 AM to 4.00 PM unknown offenders break open
the lock of front door of the house of LW1-Panditi Sridhar Reddy, ingresSs in to the house where they have also break open the iron safe and committed theft of gold Nanuthadu wg. About 24 grams worth Rs.39,000/- in the absence of inmates and decamped with the booty. On 27.01.2012 at 6.00 PM LW1 reported the same to the Piduguralla police who registered his report as a case in Cr.NO.34/2012 and investigated in to the matter; On 22.1.2012 at about 9.00 AM to 4.30 PM unknown offenders break open the lock of front door of the house belongs to LW4-Nadedla Bhaskara Rao, iingress in to the house where break pen the iron safe and committed theft of one gold ring, pair of gold ear studs all worth of Rs.12,000/- and decamped with the booty in the absence of inmates. On 26.01.2012 at l1.00 AM LW4 reported the same to the Piduguralla police who registered his report as a case in Cr.NO. 32/2012 and investigated in to the matter; On 20.1.2012 between 8.00 AM to 4.00 PM at Thummalacheruvu village unknown offenders break open the lock of the house of IWVanneganti Veera Reddy, ingress in to the
house and break open the iron safe andmitted theft of gold tng, pair of gold
mateerlu, pair of gold ear studs wa abo. 13 arams worth about Rs.20,000/- and
decamped with the booty in the absence of inmates. On 25.01.2012 at 9.00 PM LW1
reported the same to the Piduguralla nho registered his report as a Case in
thei While S0, during the
Courseð
o matter.
investigation LWl3-C.Sambasivara, Inspector of Police, Piduguralla, on 30.01.2012
.NO.31/2012 and investigated in to
whe
LW11-ka
LW10-A.V.Subbarao and
br about 4.00 PM on credible information secureu Mohan rao proceeded to railway lever crossing gate Thummalacheruvu where notic.e he accused and in the presence of LWi0 and LW11. LW13 seized one gold nanuthadi cu wg. About 24 grams which is stolen property jon Cr.No.34/12, also seized Gold ring studded with whie pearl wg. About 4.370 and pair of gold ear studs Wg. About 3.84.0 relating to Cr.NO.32/2012 and also seized gold pearl ring about. 3.850, pair of gold mateelu wg. About 4.340, gold buttal relating to Cr.No. .31/12 of Piduguralla P.S and also PS. and arrested the properties concerning Rajupalem, Dachepalli àccused, recorded their confession statement in the presence of L.W.10 and LVW1land Seized stolen produced the accused before the court for remand. After completion of investigation
LW13 laid charge sheet.
This case is taken on file U/Sec, 454. 380 or 41l of IPC. 3 When accused appeared before this Court, copies of case documents furnished to 4 him. Accused was examined U/Sec.239 Cr.PC, and charges U/Secs.454, 380 or 411 IPC framed, read over and explained to them in Telugu, for which, they pleaded not guilty and claimed to be tried.
During the Course of trial, the Prosecution has exanmined P.W.1 to P.W.5 and Exs.Pl to P7 and MOS 1 to 6 are marked. After the closure of the prosecution evidence the Accused was examined U/s.313 Cr.P.C about the incriminating material for which ciCCused denied the evidence as false.
Considering the submissions made on both sides, the point for consideration is:
6
1. Whether the accused ltked in to the houses of PWi, PW2 and
PW3 on ifferent occasions on difference places in order to commit
theft ?
2. Whether the alleged seized property was recovered from the accused or not ? 3.. Whether the prosecution proved the guilt of acCused beyond reasonable doubts ?
Point No. 1:
1. Whether the accused ld�ked in to the houses of PWI, PW2 and PW3 on
different occasions on difference places in order to commit theft ?
7 T0 prove the same, prosecution has examined Pws
1. to 3, PWI n m evidence deposed that LW2 is his wife, LW3 IS his father and he know LW4, at about L vears before as usual himself and W2 as Working as tonchore went to the schoot L0
the
.01.2012
course
LW11-Kati
hy loCking the doors of the house, at about 5.00- their duties in the morning time when himself and LW2 returned to theeir house, noticed that the locks of the doors noticed no
uthadu ring
went inside of the house and observed that the iron alimirah in the
oare
broken, they
house were also found open and noticed that the gold wedlock chain of LW2 wg. about
-0
alimirah committed theft. thev searched for the 3 sovereigns which was kept in the Same but in vain, On the same dav, he lodgeu d Teport to the police marked as EX,P1.
e wediock chain which was missing away after 8 or 9 months police informed him that iom his house was traced by the police, Wien ne Went to police station he identified the same. Subsequently, he has taken over ue same from this Hon'ble Court, MO1 is vwedlock chain. He did not know who committed theft of MO1. Police examined him and recorded his statement.
PW2 stated in his deposition that at about 2 years back as usual all his family members went to fields to attend the agriculture wok in the morning time by locking the doors of the house, returned to the house in the evening time and noticed
Lhat the locks of their house were broken, when he went in to the house he noticed that
almasaas
the iron alimirah found opened and also they found 1) Gold ring (2) one pair of ear matties, (3) one pair of ear studs committed theft from the alimirah. On the same day he lodged a report to the police marked as Ex.P2. After 8 or 9 months police informed him that the wedlock chain which was missing away from his house was traced by them, then he went to police station, identified the same and subsequently he has taken over the same from this Hon'ble Court towards interim custody, M02 gold ring, He did not know who MO3 is pair of ear studs, M04 is one pair of gold matties. committed theft of Mos 2 to 4. Police examined himn and recorded his statement.
PW3 stated in his deposition that on 22.1.2012 himself along with his 9. family members went to attend the field work by locking the locks of his house, they all returned to their house at about 4.00 or 4 2o PM and when he entered in to his house he noticed missing of one pair of ear stude nd gold ring committed from iron safe, then he went to to the police station and lodged a report. After one month police informed fhum that the stolen gold article were tracodout by them, then he went to the police station and taken over the interim custod of aold articles, MO5 is a pair of ear studs
27/6l1
4 P 3012 committed theft of Mos 5 and 6 nG MÌ6 is gold rina, He did not know who I0.3 Uxamined him and recorded his statement. 3ku As per the evidence of Pws 1 to they corroboratively stated that they
l0.
Gon't know who was looked in to their hoUse and committed theft. The confession
Statements recorded by the police officials. In that confessional statement accused recorded by the police officials while he (onfessed his guilty, the confession statement IS under their control. It is not valid in the eye of law, it is hit by section 25 of 26 of
Indian Evidence Act.
Hence, the prosecution has failed to prove that the accused himself Iêrdked 11. in to the houses of Pws 1 to 3. accordinglv. point No.l is answered.
Point No. 2_:
2. Whether the alleged seized property was recovered from the accused or not ?
To prove the same, PW4 who stated in his deposition that on 31.1.2012 12. Piduguralla police asked him to come to the police station, accordingly he went to the police station and from there himself, Lws 11 to 13 and2 or 3 constables proceeded to Railway track, Thummalacheruvu, noticed accused coming on motor bike and on seeing the police he tried to escape, but he was caught hold by the police and in his presence police interrogated, accused stated his name and other details and also confessed about the commission of theft at Panditivaripalem, Veerapuram, Anjanipuram, ihummalacheruVu and in his presence police opened the carry bag from the accused and noticed gold mangalasutram, ear studs, gold rings, matties, necklace and some other go,d articles. Then police seized the said ornaments, arrested the accused under the cover of mahazarnama, marked as EX.P3 wherein he attested the same. The accused stated that he has committed thet Of said gold ornaments in the near by villages, LW11 also signed along with him In Ex.P4. Then they all returned from that to
Police station.
The evidence of PW5 who is Investigation officer in his deposition stated on 13.
s 5
and
5 6. 2012 PWI came to the police station and the same is registered by him in Po marked as Ex.P4. He No.34/2012 and submitted FIR to the Hon'ble Court, which is t they OR up investigation, he examined PW1 ano iecorded his statement. He has proceeded to the scene of offence, prepared rouah sketCn ror the same, marked as Ex,P5, he had ession received copies of FIR in Cr.NO.31/2012 and Cr.No.32/2012 from LW12-Ch.S.Sasty
ed
registered by him and he got acquaintance wien niS hand writings and signatures, Ex.P6 is FIR in Cr.NO.31/2012 and Ex.P7 is FIR 0n CrNO.32/2012. Then he secured Lws 2 and 3 recorded their statements, On 31.2.2012 on credible information, he has secured PW4 and LW11 along with his staff proceeded to Kailway track, Thummalacheruvu there they uiced the accused coming on motor cycle and on seeing them, when he was trying to all caught hold him and on interrogation he confessed about the escape, they commission of theft at Panditivaripalem, Veerapuram, Dachepalli, Rajupalem,
Anjanipuram and from he has seized one wedlock chain concerning in Cr.No. 34/2012 and one gold ring, pair of gold ear studs concerning in Cr.NO.32/2012 and also seized gold ear studs, gold matties, pearl ring concerning to Cr.No.31/2012 of Piduguralla
Joice station and he also seized some other properties pertaining to some other crimes
Lunder a cover of Ex.P3-mediatornama and arrested the accused in the presence of PW4 and LWil, from there they returned tO police station and produced the accused before ne court fro judicial remand. He got identified the seized property through PW, PW2 and PW3 in the respective crimes. Subsequently, after completion of investigation, he iaid charge sheet.
As per the evidence of PW4 and PW5 the property was recOvered from the 14 2ccused and they have followed the provisions of Sec.100 Cr.PC, the seized property was obtained from the accused before two mediators i.e. PW4 and LW11 and the had caken signatures from the mediators and it was produced before the Hon'ble Court.
Under Sec.114 of Indian Evidence Act the court may presume a fact to a 15. nman who is in possession of stolen ao0ds coon after the theft either the thief or has receive the goods knowing that the same ae ctolen property unless he can account for his possession. As per the mahazanama th alleged property was seized from the accused and he had not able to accounted sr it Even though the concession made by
28/s12
While in the custody of poiro nt to be proved dgainst him, but acea..
SC27 of Indian Evidence Act, 1872 the information received from the accused
Dved oganst the accused. S0 much of such information whether it amounts 0ntessI0n or not as retates distinctiy to the fact thereby discovered may be proveg
Here in this case. court can may presume whether a perSOn from whose possession the oien property was received by the Investigating officer and it was seized before two
Speclable mediators was a thief and the property may be recovered from that person
Accordingly, Point No.2 is answered.
POINT No, 3:
3. Whether the prosecution proved the guilt of accused
beyond reasonable doubts ?
Ihe direct witness is not established by the prosecution to show the quilt of the JCUsed. As per the circumstantial evidence and with the the help of inference drawn aJàinst the accused under sec.114(a) of Indian Evidence Act, accused is found guilty for the offence under sec.454 and 380 of and thereby he is convicted under sec.248(2) C PC
In the the result, accused is found quilty for the offences U/Secs.454, 380 of lPC and thereby he is convicted U/Sec.248(2) Cr.PC for the said offences. Mo.l which was (ven to interim custody of PW.1 as per the orders on Crl.M.P Nol619/2012, 25.10.2012 made absolute however subject to expiry of appeal time. Mos.2 to 4 ich were given to interim custody of P.W.2 as per the orders on Crl.M.PnP.238/2012 GL.15.05.2012 is made absolute however subject to expiry of appeal time. Mo.4 to 6 which were given to interim custody of P.W3 as per the orders on Crl.M.P No.237/2012
dt 15.05.2012 is made absolute however subject to expiry of appeal time.
Typed to my dictation, Corrected and pronounced by me in open court, this the 20" day of june, 2017.
I| Addl. Junior Civil udde, Gúrazala,
FAC JUDL. MAGISTRATE OF FIRST CLASS,
PIDUGURALLA.
On hearing about the quantum of sentence proposed to pass against the arcused he submitted that the accused pleaded that since six months he was in judicial Custody he has wife and children they all depending on him. he is working as a Clerk, he Is only sole bread winner of his family, hence prays to take lenient view in passing the Sentence.
but accordin sed may Under the above circumstances of the case and pleading of mercy by the ounts Cused, | find lenient view in punishing the acCused, Hence, accused is sentenced Risonment of six months and a fine of RS.300/- in default of payment of fine he shalt
proved.
nder go Simple Imprisonment for one month for the offence under sec.380 of IPC. turther the acCused is sentenced imprisonment of six months and a fine of Rs.500/- in the Gafault of payment of fine he shall under Simple imprisonment for one month for the Both the senternces shall run concurrently, except the offence under sec.454 of IPC. puyment of fine amount. The remand period already undergone by the accused from 31.01.2012 to 16.02.2012 and from 30.10.2013 to 28.3.2014 and from 22.05.2017 to till dute i.e. 20.06.2017 shall be set off U/Sec.428 IPC. Accused is informed about his right tu appeal against this judgment. Typed to my dictation, corrected and pronounced by me in open court, this the 20"" day of June, 2017.
I| Addl. Junior Civil Judge, Gurazala,
FAC JUDICIAL MAGISTRATE OF FIRST CLASS,
PIDUGURALLA.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR DEFENCE: FOR PROSECUTION: PW.1- Panditi Sridhar Reddy None PW.2-Kanneganti Veera Reddy PW.3-Nadendla Bhaskara Rao PW.4- Abbaraju Venkata Súbbarao W.5- C.Sambasivara, Inspector of Police, Piduguralla
DOCUMENTS MARKED
fOR PROSECUTION: i<Pl: Report of PW1. LK P2: Report of PW2. tx.P3: Seizure and arrest Mahazarnama, dt.30.1.2012. Ex.P4: FIR in Cr.NO.34/2012 of Piduguralla P.S Ex.P5: Rough sketch of the scene of offence.
Ex.P6: FIR in Cr.NO.31/2012 of Piduguralla P.S
Ex.P7: FIR in Cr.NO.32/2012 of Piduguralla PS
FOR DEFENCE: Nil.
MATERIAL OBIECTS
N:01:Gold wedlock chain
02: Gold ring,
MO3: One pair of ear studs MO4 : One pair of gold matties MO5 : One pair of ear studs MO6: Gold ring
I| AJC), GZL
FAC JMFC, PDRL.