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SC No. 210 of 2022 &
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IN THE COURT OF THE PRINCIPAL DISTRICT AND SESSION JUDGE,
PEDDAPALLI.
PRESENT:- DR. T. SRINIVASA RAO, Chairman, Industrial Tribunal & Labour Court-cum- Addl.District & Sessions Judge, Godavarikhani. FAC: Prl. Sessions Judge, Peddapalli.
WEDNESDAY , the 16 th DAY of APRIL, 2025
S.C. No.210 of 2022
&
C.C.No. 48 of 2022
Name of the The State through Circle Inspector of complainantPolice, Peddapalli (Crime No.21 of 2018 of P.S., Peddapalli)
Name of the accusedA1. Arnakonda Hareesh, s/o Narayana, 21yrs, SC (Madiga), R/o Peddakalvala v/o Peddapalli Mandal
A2.Dabbeta Mahesh, s/o Lingaiah, 19yrs, SC(Madiga), R/o Bompalli v/o Peddapalli Mandal.
A3. Arnakonda Prasad, s/o Narayana, 24yrs, SC(Madiga), R/o Peddakalvala v/o Peddapalli Mandal.
A4. Keshaveni Sai Kumar, s/o Odelu, 17 years 11 months, Yadav, R/o Kanagarthi v/o Peddapalli Mandal (CC No. 48 of 2022)
CHARGESUnder section 354-D, 509, 304-II r/w 34 of IPC and Sec. 185 against A1 & A2. Sec. 181 & 196 of MV Act against A3
Sec. 354-D, 304-II r/w 34 of IPC against A4.
Plea of the accusedPlead not guilty 2 of 14
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Finding of the Court Found not guilty
Sentence or OrderIn the result, Accused No.1 to 3 are found not guilty for the offences punishable under section 4 354-D, 509, 304-II r/w 34 of IPC and Sec. 185,181 & 196 of MV Act, accordingly, he is acquitted under Section 232 of Cr.P.C.
Accused No.4 (CC No. 48 of 2022) found not guilty for the offences punishable U/s. 354-D, 304-II r/w 34 of IPC, accordingly, he is acquitted under Section 248(1) of Cr.P.C. The bail bonds and surety bonds of the accused are subject to Section 437-A of C.r.P.C. The unmarked case property i.e., Motorcycle bearing No. AP-29-B-3863 shall be given to its original owner after expiry of appeal time under proper acknowledgment.
Prosecution conducted Smt. T. Jyothi, Addl. Public Prosecutor by
Accused defended bySri T.Hanuman Singh and Sri Reddy Shankar, Counsel for the accused Nos. A1 to A3
Sri V.Ramesh, Counsel for Accused No.4
These cases are coming before this court on 15.04.2025 for hearing in the presence of Smt T. Jyothi, Addl.Public Prosecutor for the State and Sri T.Hanuman Singh and Sri Reddy Shankar, Counsel for the accused Nos. A1 to A3 and Sri V.Ramesh, Counsel for Accused No.4, having been heard, having perused the record and having stood over for consideration to this day the Court delivered the following:
:: J U D G M E N T ::
1.The State represented through the Circle Inspector of Police,
Peddapalli filed final report against the Accused No.1 and 2 for the 3 of 14
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CC No. 48 of 2022
offence punishable U/s. 354-D, 509, 304-II r/w 34 of IPC and Sec. 185 of MV ACt and Sec. 181 & 196 of Mv Act against Accused No.3 and also Sec. 354-D, 304-II r/w 34 of IPC against Accused No.4 (Juvenile in
Conflict with Law) in Crime No.21 of 2018 of PS Peddapalli.
2.The case of the prosecution in nutshell is as follows:
2(a). That on 21.01.2018 at 1000 hours, the defacto complainant/
Pw.1 lodged a complaint with police by contending that he was proceeding to Hyderabad from Godavarikhani on his Pulsar
Motorcycle bearing No. TS-22-A-6342 along with his sister Nakka
Akhyasarupa, who is studying Engineering in Jyothishmathi
Engineering College, Thimmapuar and when they reached near
Rangampalli village at about 6.00 p.m., one lorry was proceeding ahead of their motorcycle, he was overtaking the same from its right side, in the meantime, one Bajaj Boxer motorcycle bearing No. AP-29-
B-3863, which was driven by Accused No.1 came from opposite direction and dashed to their motorcycle, due to which, his sister, who is pillion rider fell down and sustained injuries to her backside head and also blood oozing from nose and ears. Immediately, he was shifted her to Govt. Hospital, Peddapalli, but her condition was serious, shifted her to Apollo Hospital, Karimnagar. Therefore, requested for taking necessary action.
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2(b). Based on the said complaint, Lw.21- K.Jagadeesh (1st investigation officer) registered a case in Crime No. 21/2018 for the offence U/Sec. 337 of IPC, issued FIR and took up the investigation.
During the course of investigation, examined and recorded the statement of Pw.1, visited the scene of offence, secured the presence of Lw.12 & 13(N.Meri Sunitha & M.Naresh), observed the scene and prepared crime details form in their presence. Prior to registration of the case, on the night of 20.01.2018 after receipt of information through phone call, he was rushed to scene of offence, where found the Accused no.1 at the scene, then brought him to police station and examined through breath analyzer and its percentage is 60% and the same was videographed. Thus, the Accused No.1 drove the motorcycle in intoxication state.
2(c). On 22.01.2018, Pw.1 came to police station and stated that on the date of incident, when they reached at the ending of road divider situated at Peddakalvala village at about 5.45 p.m., the crime vehicle came from backside in triple riding and the rider of motorcycle drove the same in zigzag manner and over took their motorcycle, and also insulted the victim by way of stalking, as when he overtaking the lorry from its right side, they also overtook the lorries from left side, when he passed DCP office and reached near culvert, they disappeared. Later, when they reached near Reliance petrol bunk, 5 of 14
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suddenly over took the lorry from left side and come across their motorcycle, due to which he dashed the said motorcycle and fell down on the road. On 21.01.2018, the victim died while undergoing treatment. Based on the statement of Pw.1, altered the section of law from Sec. 337 IPC to U/s. 354-D, 304-II r/w 34 of IPC and took up the investigation.
2(d). During the course of further investigation, the investigation officer visited Govt. Hospital, Peddapalli, there examined and recorded the statements of witnesses, photographed the deadbody with the help of Lw.7/ G.Naresh and also held inquest over the deadbody in the presence of Lw.14&15 (P.Daivadina & Mary Sunitha) and subjected the corpse for autopsy, where the medical officer conducted autopsy and issued report opining that the cause of death of deceased is due to “Cardiopulmonary arrest due to blunt injury to head”. Subsequently, examined and recorded the statements of witnesses.
2(e). While the efforts are in progress, on 8.3.2018 at 1600 hours, on reliable information, the investigation officer apprehended the
Accused No.1 at Kaman, Peddapalli and interrogated. On interrogation, the Accused No.1 voluntarily confessed to have committed the offence with a common intention along with a2 and 6 of 14
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JCL, who are his classmates and friends. In pursuance of his confession, recovered Bajaj Boxer motorcycle bearing No. AP-29-B- 3863 from his possession under cover of confession and recovery panchanama in the presence of Lw.16&17 (M.Naresh & K.Sampath
Kumar). Later brought him to police station, effected his arrest.
Subsequently, on 9.3.2018 and 17.03.2018, he has also arrested the
JCL and Accused No.2 and after completion of formalities, produced them before the respective courts for judicial remand. Later, on 15.03.2018, on his requisition, Lw.19/A.Srinivas, Motor Vehicle
Inspector inspected the crime vehicle and issued report stating that the accident occurred was not due to any mechanical defects of the vehicle”. On 30.03.2018, the investigation officer served Notice U/s.
41-A Cr.P.C. to Accused No.3, who is owner of crime vehicle, issued the same to accused No.1 without having insurance. After completion of investigation and after collection of all the relevant records, the investigation officer filed charge sheet against the accused Nos. 1 to 4 for the aforesaid offences in the respective courts.
3.The case was taken on file for the offence U/Sec.354-D, 509, 304-II r/w 34 of IPC and Sec. 185 of MV Act against A1 &A2 and Sec.
181&196 of MV Act against A3 by the Judl. Magistrate of First Class,
Peddapalli vide PRC No. 10/2018. On appearance of the accused, copies of case documents were furnished to them as contemplated 7 of 14
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U/sec.207 Cr.P.C. As the offence is exclusively triable by the Hon’ble
Court of Sessions, the case was committed to the court of Sessions
U/s 209 Cr.P.C.
4.Initially, police filed charge sheet against the Accused No.4 i.e.,
JCL before the Chairman, Juvenile Justice Board -cum- I Addl. JMFC.,
Karimnagar. Subsequently, after conducting preliminary enquiry, as per the orders dated 24.04.2018, the case was forwarded to the I
Addl. Dist. & Sessions Court/Children Court, Karimnagar to try the CCL as an Adult U/s. 18(3) of J.J. Act, 2015. On receipt of the same, I-
Additional Dist.& Sessions Court, Karimnagar has taken the case on
file U/s. 354-D, 304-II r/w 34 of IPC against the Juvenile in Conflict with
Law i.e. Accused No.4 by assigning a case as CC No. 19 of 2019.
5.In view of establishment of Prl. District and Sessions Court at
Peddapalli, these cases are transferred from the Court of I Addl.
Sessions Judge, Karimnagar as per the Orders of the Hon’ble Prl.
District & Sessions Judge, Karimnagar vide Dis.No.3597, dated 06.06.2022 to this court for disposal according to law. On receipt of the same, this court re-numbered the same as SC No. 210 of 2022 and CC No. 48 of 2022.
6.On appearance of the accused Nos. 1 to 4, they were examined under section 228 of Cr.P.C. and charges under sections 354-D, 509, 8 of 14
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304-II r/w 34 of IPC and Sec. 185 of MV Act have been framed against
A1 & A2, Sec. 181 and 196 of MV Act have been framed against A3 and Sec. 354-D, 304-II r/w 34 of IPC have been framed against
Accused No.4 (CC No. 48 of 2022), read over and explained the contents to them in Telugu, for which, they pleaded not guilty and claimed to be tried.
7.During the trial, the learned counsel for the Accused No.4 filed a Memo stating that the SC No. 210 of 2022 and the CC No. 48 of 2022 are arising out of one Crime, as such praying the court to try the
CC No. 48 of 2022 along with said Sessions Case by merging the
same with SC No. 210 of 2022. After hearing the submissions, this court merged the CC No. 48 of 2022 with SC No. 210 of 2022 and tried the same together.
8. To prove the case of prosecution, prosecution examined Pw.1 to Pw.6 and got marked Ex.P1 to P7. In view of the hostile nature of evidence of Pws. 1 to 6, the learned Public Prosecutor given up the evidence of other cited witnesses and closed the prosecution evidence.
9.As there is no incriminating evidence spelt out against the accused from the evidence of prosecution witnesses, so that, the examination of accused under section 313 of Cr.P.C., is dispensed with.
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10.Heard both sides and perused the entire record.
11.Now the point that arises for consideration is:
“Whether the prosecution has established the guilt of the
Accused Nos. 1 and 2 for the offences punishable under Section
354-D, 509, 304-II r/w 34 of IPC, Sec. 185 of MV Act, Sec. 181 &
196 of MV Act against A3 and Sec. 354-D, 304-II r/w 34 of IPC
against Accused No.4, beyond all reasonable doubt?”
P O I N T:
12.Learned public prosecutor submitted that the case may be decided on the available evidence. The learned defence counsel mainly submitted that the crucial prosecution witnesses not supported the case of the prosecution for that reason only this court closed the evidence of other witnesses and thereby the prosecution miserably failed to establish the guilt against the accused and sought the court to acquit the accused in the interest of justice.
13. The defacto complainant-cum-brother of deceased is examined as Pw.1. Pw.2 is the person witnessed with regard to examination of
Accused no.1 with breath analyzer, Pw.3 and 4 are eye witnesses to the incident, Pw.5 and 6 are panch witnesses for confession and recovery panchanama of A1, and their parents examined as Pw.2 and Pw.3.
14.The main contention of Pw.1 is that the deceased No.1 is his sister and on 20.01.2018 when they were proceeding from
Hyderabad to Godavarikhani on motorcycle, at about 6.30 p.m., when 10 of 14
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they reached near Rangampalli village, one motorcycle belongs to
Accused No.3 driven by Accused No.1 came in a high speed in rash and negligent manner and dashed to their motorcycle, due to which, they fell down and his sister received bleeding injuries and died while undergoing treatment. It is the further contention of Pw.1 that on that day, Accused Nos. 1 and 2 and Accused No.4 were came in one motorcycle and on the way, they insulted the modesty of victim by stalking her.
15.Evidently, Pw.1 is defacto complainant-cum-brother of deceased, who set the law into motion by filing complaint with police.
But in the evidence he did not depose anything as referred in the complaint and changed his version by stating that one motorcycle came in high speed and dashed to their motorcycle, due to which they fell down on the ground and his sister died with injuries while undergoing treatment. He also deposed that he do not know who drove the motorcycle on that day and he never lodged any report against the accused, but police obtained his signature on a blank paper when he was in the hospital. Pw.1 identified his signature on complaint as Ex.P1, but pleaded ignorance about the contents of it.
16.Pw. 2 is the witness about the examination of Accused No.1 with breath analyzer by the investigation officer. He also not 11 of 14
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supported the prosecution case and deposed that he never witnessed any incident pertaining to this court and he does not know anything about the facts of the case.
17.Pws. 3 and 4 are the alleged eye witnesses, but they also not supported the case of prosecution. Both of them categorically deposed that they never witnessed any incident pertaining to this case.
The learned Public Prosecutor with the permission of the court treated the Pws. 1 to 4 as hostile and cross examined them, but nothing was elicited in support of prosecution, as such their Sec. 161
Cr.P.C. statements are marked as Ex.P2 to P5 respectively.
18.Prosecution examined the panch witnesses for confession and recovery panchanama of Accused No.1 as Pw.5 and Pw.6. They categorically deposed that accused never confessed about any offence in their presence and police never conducted any panchanama and nothing was seized from the possession of accused in their presence. They further stated that in the year 2018, when they went to police station, Peddapalli, police obtained their signatures on some written papers, but they does not know the contents of it. They identified their signatures on confession and recovery panchanama as Ex.P6 and P7 respectively.
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19.When the above said evidence is re-apprised, the defacto complainant, who is brother of deceased, who set the law into motion i.e., Pw.1 is not supported the case of prosecution. The eye witnesses to the incident and the witness present at the time of examination of accused No.1, who are examined as Pw.2 to Pw.4 also not speak out anything against the accused, except stating that they never witnessed anything about the present case. Further the panch witnesses for confession and recovery panchanama of Accused No.1 as Pw.5 and 6 also not supported the case of prosecution. Therefore, the evidence of Pws. 1 to 6 is not at all supported the case of prosecution, for that reason only, this court compelled to arrive to the conclusion that the examination of other witnesses is not going to serve any tenable purpose, as such, the learned public prosecutor rightly given up the evidence of other witnesses. As there is no incriminating material available from the record, for that reason only, the examination of accused U/Sec. 313 Cr.P.C is dispensed.
20. Having regard to the totality of the facts and circumstances coupled with the admissions made by Pw.1 to Pw.6, this court did not see any tenable and convincing reasons that the prosecution proved the guilt of the accused for the aforesaid offences with which they are charged. Thereby, the prosecution miserably failed to prove the 13 of 14
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case against the accused. Therefore, this court left with no option except to arrive to the conclusion that the guilt of the accused not established beyond reasonable doubt. So that, the point is answered against the prosecution agency and accused is entitled for acquittal.
21.In the result, Accused Nos. 1 and 2 are found not guilty for the offences punishable under section 354-D, 509, 304-II r/w 34 of
IPC and Sec. 185 of MV Act and the Accused No.3 also found not guilty for the offence punishable U/s. 181 & 196 of MV Act, accordingly, they are acquitted under Section 232 of Cr.P.C.
The Accused No.4 (CC No. 48 of 2022) also found not guilty for the offences punishable U/s. 354-D, 304-II r/w 34 of IPC, accordingly, he is acquitted under Section 248(1) of Cr.P.C.
The bail bonds and surety bonds of the accused are subject to
Section 437-A of Cr.P.C.
The unmarked case property i.e., Motorcycle bearing No. AP-29-
B-3863 shall be given to its original owner after expiry of appeal time under proper acknowledgment.
Typed to my dictation directly on computer, corrected and
pronounced by me in the open Court on this the 16th day of April, 2025.
Prl. Sessions Judge, Peddapalli.
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR THE PROSECUTION: FOR THE DEFENCE:
Pw.1 N.Aravind (Brother of deceased ) -None-
Pw.2 B.Lenin (Witness about examination of A1)
Pw.3 G.Venkata Krishna Reddy (eye witness)
Pw.4 Md. Rafeeq (eye witness)
Pw.5 M.Naresh (Panch witness for confession & recovery panchanama)
Pw.6 K.Sampath Kumar(Panch witness for confession & recovery panchanama)
EXHIBITS MARKED
FOR THE PROSECUTION:
Ex.P1Signature of Pw.1 on complaint Ex.P2Relevant portion in Sec. 161 Cr.P.C. Statement of Pw.1 Ex.P3Relevant portion in Sec. 161 Cr.P.C. Statement of Pw.2 Ex.P4Relevant portion in Sec. 161 Cr.P.C. Statement of Pw.3 Ex.P5Relevant portion in Sec. 161 Cr.P.C. Statement of Pw.4 Ex.P6Signature of Pw.5 on confession & recovery panchanama Ex.P7Signature of Pw.6 on confession & recovery panchanama
FOR THE DEFENCE: -Nil-
MATERIAL OBJECTS
-Nil-
Prl. Sessions Judge, Peddapalli.