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IN THE COURT OF THE PRINCIPAL SESSIONS JUDGE:
AT BHONGIR
PRESENT: SRI. V. BALA BHASKAR RAO
PRINCIPAL SESSIONS JUDGE
Monday , this the 26 th day of June, 2023
SC No. 67 of 2021
Name of the complainant: The State through the Station House Offi- cer, Police Station Gundala
Names of the accused : Bongur Ashok s/o Gattaiah,aged:39 years, occ: car driver r/o Flat no.1, Block No.1, East Krupa APTS., Ananthanagar colony, Vinayaknagar, Neredmet, Secunderabad. Crime Number: 5 of 2020 of PS Gundala
Offences Under Section: Under Section 304-II of IPC and Section 183(1) and 184 of MV Act. PRC No.: 24 of 2020 on the file of the Judicial Mag- istrate of First Class, Alair
Case committed by: Sri A. Manikanta, Judicial Magistrate of
First Class, Alair
Prosecution conducted by: Sri. G. Sreenivas Reddy Public Prosecutor
Defence conducted by: Sri C. Sathyanarayana, Advocate Plea of the accused: Not guilty
Sentence of order:In the result, the accused is found not guilty for the charges punishable under Section 304-II of IPC., and Section 183(1) and 184 of MV Act and he is acquitted un- der Sec.235 (1) of Cr.P.C., for the said charges, the bail bonds of the accused shall stand cancelled after a period of six months from the date of this judgment. M.O.1 Maruti Swift white car with tempo- 2SC No.67of 2021
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rary registration No.TS-09-CT-TR-5846, M.O.7 ICICI insurance certificate and M.O.8 original temporary registration cer- tificate for the car bearing No.TS-09-CT- TR-5846 shall be given in custody to PW14 after lapse of appeal time. M.O.2 Jio black colour phone is confiscated to State. M.O.3 plastic bottle containing toddy shall be destroyed after lapse of ap- peal time. M.O.4 driving licnece in the name of the accused shall be returned to accused after lapse of appeal time. M.O.5 Hero Passion Pro motor cycle bearing No.TS-27-A-2845 shall be given in cus- tody to the legal heirs of Peesari Sidda Reddy. M.O.6 SIM Card bearing No.89918670400185352755 shall be de- stroyed after lapse of appeal time.
This case is coming before me for hearing in the presence of Sri G. Sreenivas Reddy, Public Prosecutor for the State and of Sri Sathyanarayana, Advocate for the accused and having stood over for consideration till this day, this court delivered the following:
J U D G M E N T
1.The State through Circle Inspector of Police, Jangaon Rural, filed charge sheet against the accused for the offences punishable u/
Secs.304-II of IPC and Section 183(1) and 184 of MV Act in Cr.No.5 of 2020 of P.S.Gundala.
2.The brief facts of the charge sheet are that on 18.2.2020 at 8-00 am., the informant Gaddameedi Balakrishna lodged a report before the Station House Officer, Police Station, Gundala stating that on 17.2.2020 night around 7.30 p.m., their village sarpanch’s husband Guda 3SC No.67of 2021
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Ravinder informed him on phone that while his father Balaiah aged 55 years along with their mother Rajamma aged 53 years and their villager
Peesari Sidda Reddy aged 50 years were proceeding on the motor cycle bearing No.TS-27-A-2845 from Anantharam village to Suddala villager and that when they reached the outskirts of Anantharam village, at that time one Swift VX Car bearing No.TS-09-CT-TR-5846 proceeding from Suddala village to Anantharam village being driven by its driver in a rash and negli- gent manner, dashed against the bike on which his parents and Sidda
Reddy were traveling and as a result of which his father Balaiah and Sidda
Reddy died on the spot due to receiving severe bleeding injuries and his mother received severe injuries and died on the way to Alair Area Hospital due to the said injuries and that on coming to know about the said accident he went to the spot and found his father Balaiah and Sidda Reddy lying dead on the spot and their dead bodies were shifted to Area Hospital, Alair and that the dead body of his mother was also in the said hospital.
3.Basing on the above report, M.Raju, Sub Inspector of Police,
Gundala P.S., registered a case in crime no.5 of 2020 under Section 304A
IPC. and informed about the registering of the case to P.Balaji Vara Prasad,
Circle Inspector of Police, Jangaon Rural who rushed to the Police Station and took up investigation in this case. During the course of investigation the Investigation Officer examined and recorded the statement of the infor- mant, visited Area Hospital, Alair , held inquest over the dead bodies of de- 4SC No.67of 2021
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ceased no.1 to 3 in the presence of Bathini Bhagyamma and Mirala Iyaiah and referred the dead bodies of deceased no.1 and 3 for postmortem ex- amination duly taking the photographs of the dead bodies with the help of
Rayapuram Shekhar and that on the instructions of the Investigating Offi- cer, M.Raju Sub Inspector of Police, Gundala P.S., held inquest over the dead body of deceased No.2 in the presence of Malkapuram Venkataiah and Gurram Venkat Reddy and thereafter the dead body of deceased no.2 was referred for postmortem examination. That subsequently, the statements of Gaddameedi Pandari, Bathini Mallaiah, G.Balaraju,
G.Pedda Somaiah, G.Andalu, Sudagani Srinvias, S.Balamani and Raya- puram Shekhar are recorded by the Investigating Officer, whereas
M.Raju Sub Inspector of Police, Gundala P.S., has recorded the state- ments of Peesari Swarupa, Peesari Shekhar Reddy, Peesari Sravan
Reddy , Peesari Pavan Reddy and Mota Ramchander Reddy. That there- after, the Investigating Officer, visited the scene of offence conducted scene of offence panchanama and drew rough sketch map of the scene and seized the toddy liquor bottle and one JIO cell phone from the car in the presence of Guda Madhu and Gurram Venkat Reddy and then the crime vehicle and the motor cycle on which the deceased were traveling belonging to deceased no.1 were shifted to P.S., Gundala and that subse- quently the statements of Guda Ravinder and Guda Venkatesh were recorded. While the investigation was in progress the accused surrendered 5SC No.67of 2021
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before the Investigating Officer on 20.2.2020 at 10.30 a.m., and when the
accused was about to confess the commission of the offence, the Investi- gating Officer secured the presence of Nakeertha Venaktesh and Gugu- lothu Eashwar and in their presence he recorded the confession statement of the accused and seized the driving licence under cover of confession cum seizure panchanama. The accused confessed that he drove the car in rash and negligent manner being in intoxication and responsible for the death of three persons and then the accused was arrested and produced
before the court for judicial custody. Then the Investigating Officer added
Section 304-II IPC and sent a section adding memo to the concerned court. Then the Investing Officer recorded the statements of Kanneboina
Raju, K.Ravi, K.Mahesh and Choppari Mallaiah, E.Krishna, G.Narsimhulu and B.Muthyalu. After completion of the investigation the he filed the charge sheet.
4.The case was taken on file for the offences u/Secs.304-II of
IPC and Section 183(1) and 184 of MV Act against the accused by the learned Judicial Magistrate of First Class, Alair, vide PRC No.5 of 2020 and committed the case to the Hon’ble Principal District & Sessions Judge,
Nalgonda as the learned Magistrate having perused the record found the case as exclusively triable by the Court of Sessions after furnishing the case copies to accused as contemplated under section 207 of Cr.P.C.
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5.The Hon'ble Principal District & Sessions Judge, Nalgonda took the case on file in SC No.67 of 2021 and made over the case to V Ad- ditional District & Sessions Judge’s Court for the purpose of disposal ac- cording to law and the same Court was later established as the Principal
District & Sessions Court, Bhongir on 18.09.2019.
6.This Court having considered the record, framed charges u/
Secs.304-II of IPC and Section 183(1) and 184 of MV Act against the ac- cused , read over and explained to him in vernacular language for which he denied the said charges and pleaded not guilty and claimed to be tried.
7.During the course of trial to prove its case the prosecution has examined PW.1 to PW.24 and marked Ex. P.1 to Ex.P.40 and M.O.1 to
M.O.8.
8. After closure of the prosecution evidence, the accused is ex- amined under section 313 Cr.P.C with the incriminating evidence that is brought on record against him for which he denied the said evidence and reported no defence evidence.
9.Heard the arguments on both sides and perused the record.
10. Now the point for determination is :
Whether the prosecution has proved the guilt of the accused for the charges u/Secs.304-II of IPC and Section 183(1) and 184 of MV Act, beyond reasonable doubt?
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POINT :
11.The burden of proof is on the prosecution to prove the guilt of the accused for the charge u/Secs.304-II of IPC and Section 183(1) and 184 of MV Act,, framed against accused beyond reasonable doubt. In dis- charge of burden cast on prosecution, as stated above, the prosecution re- lied upon the evidence of PW.1 to PW.24 and the documents marked as
Ex. P.1 to Ex.P.40 and the material objects marked as M.O.1 to M.O.8.
12.PW1 G.Balakrishna, the informant in this case deposed that that the deceased G.Peddabalaiah is his father, deceased G.Rajamma is his mother and he knows deceased no.2 Peesari Sidda Reddy and that on 17.2.2021 at 7.30 a.m., G.Ravinder Goud informed about the accident that deceased no.1 G.Peddabalaiah and deceased no.2 Peesari Sidda Reddy died on the spot and deceased no.3 G.Rajamma while shifting to hospital in the middle of the journey she also died and that on that day deceased no.1 and 2 were traveling on motor bike which belongs to deceased no.2 from Anantharam village to Suddala and that in the opposite direction one
Swift car bearing No.TS-09-CT T/r 5846 dashed the motor bike, as a result deceased no.1 and 2 fell on the ground and sustained grievous injuries and died on the spot and that deceased no.3 was also traveling along with de- ceased no.1 and 2 and also sustained injuries and while she was being shifted to hospital that she died in the middle of the journey and that imme- diately he went to the scene of offence and found deceased no.1 and 2 8SC No.67of 2021
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dead bodies on road and motor cycle and swift car was also found and that immediately he went to Alair Area Hospital and there he found his mother has also died and that the owner of the car was driving the vehicle in rash and negligent manner and he is responsible for the death of deceased no.1 to 3 and that immediately he lodged Ex.P1 complaint before the SHO,
PS, Gundala.
13.PW2 G.Pandari deposed that on 17.2.2021 at 7.30 a.m., PW1 informed him about the accident that the deceased no.1 and 2 died on the spot and deceased no.3 died in the middle of the journey while shifting to hospital and that on that day deceased no1 and 2 were traveling on motor bike which belongs to deceased no.2 from Anantharam village to Suddala and that immediately he went to the scene of offence and found deceased no.1 and 2 dead on the road and he also found motor bike and swift car at the scene and that immediately he went to Area Hospital, Alair and there he found the dead body of his sister-in-law and that the accident took place as the car was driven on wrong side.
14.PW3 G.Ravinder deposed that on 17.2.2020 he went to Eturu village of Thirumalagiri mandal in the morning hours to attend marriage and that thereafter he went to Jangaon at about 5.30 p.m. and that thereafter, he returned back from Jangaon to their village at about 7.45 pm., when he reached at Solar company at Anantharam village, he found one two wheeler and one Swift car collusion and three persons are found on the 9SC No.67of 2021
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road and that one Rajamma was alive and Peddabalaiah and Sidda Reddy have died on the spot and that immediately he informed the same to PW1 and that they engaged one auto and took Rajamma in the auto to Alair
Hospital and in the middle of the way she died and that when he went to scene of offence he found one two wheeler and one white colour Swift car
TR No.5846.
15.PW4 K.Raju, a co-passenger deposed that he knows the ac- cused and deceased No.2 Sidda Reddy and that about two years back the incident took place and that on that day he went to Jedikal village to attend marriage in a car and that on the same day his family and family of ac- cused traveled together in the car to attend the marriage and that on the next day of the marriage at about 8:00 p.m., he came to know about the ac- cident and that in the accident an old aged person and Sidda Reddy died and that the said accident took place near Anantharam village.
16.PW5 R.Shekar deposed that on 18.2.2020 Police, Gundala called him to Area Hospital, Alair to take photographs of dead bodies and that Ex.P3 are the photographs and the same are handed over to Sub In- spector of Police, Gundala.
17.PW6 Ch.Mallaiah, a co-passenger deposed that about three years back he attended his elder brother son’s marriage and the accused have also attended the said marriage and that he does not know the facts of this case.
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18.PW7: K. Ravi was examined by the prosecution as a co pas- senger and he deposed that he does not know the deceased Balaiah, Ra- jamma and Sidda Reddy and he does not know the facts of this case.
19.PW8: Kadari Mahesh another co-passenger deposed that he does not know the deceased Balaiah, Rajamma and Sidda Reddy and he does not know the facts of this case.
20.As PW4, PW6, PW7 and PW8 turned hostile to the prosecu- tion case and resiled from their earlier version before the police, the learned additional public prosecutor has cross-examined PW4, PW6,
PW7 and PW8 with the prior permission of the court but failed to elicit anything in support of the prosecution case. The statements of PW4, PW6,
PW7 and PW8 before the police under Section 161 CrPC are marked as
Ex.P2, P4 to P 6 respectively.
21.PW9 A.Narsi Reddy, the circumstantial witness in this case de- posed that he is working as Teacher in ZPHS., Velimajala and he can iden- tify deceased no.1 to 3 and that on 17.2.2020 he was going from Velimajala to Suddala village after completion of his work he returned to Jangaon on his bike and that on the back side of his bike one white car was coming in over speed manner and the said car overtook his vehicle at Solar Power
Station near Suddala village and that after some time he heard big noise and when he reached the spot, he found three persons are lying on the road and out of them two persons died and one woman was surviving with 11SC No.67of 2021
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injuries and that he identified the three persons as he has acquaintance with them and that he also found white car at the scene of offence.
22.PW10 G.Narsimha, a circumstantial witness in this case de- posed that he knows the deceased no.1 to 3 and the accused and that on 17.2.2020 he was coming from Suddala village towards his agricultural fields which is near to solar plant which is situated at Anantharam village and that he observed one white car and it was stationed at high school of
Suddala village and he found one driver in the car driving seat and that the accused is the said driver and after that he left the place and that at about 6.30 p.m., he went to agricultural fields to feed his cattle, then he heard a big noise and after five minutes he went to the scene and found
Balaiah and Sidha Reddy died on the spot and Rajamma was having some consciousness and that on his observation of the scene it might be the car driver hit the motor bike.
23.PW11: Balagani Muthyalu was examined by the prosecution as a circumstantial witness but he turned hostile to the prosecution case and he deposed that he does not know who are the deceased in this case and that he does not know the accused and he does not know facts of this case. As PW11 turned hostile to the prosecution case, the learned Public
Prosecutor has cross examined PW11 with the prior permission of this court but failed to elicit anything in support of the prosecution case. The 12SC No.67of 2021
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statement of the PW11 before the police under Section 161 CrPC is marked as Ex.P7.
24.PW12 Choppari Shivaiah the circumstantial witness in this case deposed that he is resident of Anantharam village of Gundala mandal and doing agricultural work and that Krishna is his son and that about three years back he performed the marriage of his son Bixapathi and a number of persons attended the said marriage and that on the next day morning he was informed that an accident took place at Anantharam village and three persons have died in the said accident and that deceased no. 2 is Sidda Reddy R/o Anantharam village and Sidda Reddy was driving his motor cycle and he met with an accident with a car.
25.PW13: Choppari Krishna, the son of PW12 was examined as a circumstantial witness and he turned hostile to the prosecution case and deposed that the marriage of his elder brother took place on 16.02.2020 at
SSMTH Function Hall, Jeedikal, Jangaon District and he does not know the facts of this case and he does not know whether any accident took place on 16.02.2020 and he does not the deceased in this case. As PW13 turned hostile to the prosecution case, the learned Public Prosecutor has cross examined PW13 with the prior permission of this court but failed to elicit anything in support of the prosecution case. The statement of the
PW13 before the police under Section 161 CrPC is marked as Ex.P8.
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26.PW14 Thirumala Murali the owner of the crime vehicle de- posed that he is resident of Malkajgiri and doing real estate business for the last 12 years and that he is the owner of the Swift car bearing Tempo- rary No. 5846 which he purchased in the year 2020 from Maruthi Dealer
Showroom at Kushaiguda and that on 14.02.2020 the accused took his car stating that he has to attend urgent work and return his car and that on 17.02.2020 Police Station Gundala officials made a phone call and in- formed him that his car met with an accident and it hit a motor cycle on 17.02.2020 and that three persons have died in that accident and that he went to Police Station Gundala and he was informed by the police officials that the accused caused the above accident and that his car is still in the custody of the police and that the white Swift Maruthi Car shown in the photographs belongs to him and that Ex.P9 is two photographs of Maruthi white Swift car with temporary registration number. Ex.P10 is the copy of the temporary certificate of registration of the said Maruthi Swift car in the name of PW14 with the temporary registration No.TS 09–CT- TR-5846 and that MO.1 is the Maruthi Swift white car with temporary registration no. TS 09–CT- TR-5846 (in the custody of Police Station Gundala).
27.PW15 Bathini Bhagyamma, the independent mediator in whose presence inquest was conducted over the dead body of Pedda Bal- aiah and Rajamma deposed that she was present at the time of inquest held over the dead body of Pedda Balaiah and Rajamma about three years 14SC No.67of 2021
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back at Government Hospital, Alair in her presence and in the presence of
Miryala Ailaiah and both of them were of the opinion that the deceased no1 and 3 have died due to injuries sustained in a motor vehicle accident and that she signed on the inquest panchanama and that ExP11 is inquest pan- chanama dated 18.02.2020 in the name of Pedda Balaiah and Ex.P12 is the inquest panchanama dated 18.02.2020 in the name of Rajamma.
28.PW16 Malkapuram Venkataiah the independent mediator in whose presence inquest was held over the dead body of Peesari Sidda
Reddy deposed that on 18.02.2020 he was present at the time of inquest held over the dead body of Peesari Sidda Reddy at Government Hospital,
Alair in his presence and in the presence of Gurram Venkat Reddy and both of them were of the opinion that the deceased no.2 Peesari Sidda
Reddy died due to injuries received in a motor vehicle and that he signed on the inquest panchanama along with Gurram Venkat Reddy and that
Ex.P13 is the inquest panchanama dated 18.02.2020 held over the dead body of Peesari Sidda Reddy.
29.PW17 Guda Madhu was examined by the prosecution as inde- pendent mediator who signed the crime detail form deposed that he is resi- dent of Suddala village of Gundala Mandal and he is doing agricultural works and that he knows Gurram Venkat Reddy who is resident Anan- tharam village and that on 18.02.2020 accident took place on the main road in between Suddala village and Anantharam village involving a car 15SC No.67of 2021
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and a motor cycle and that Police obtained his presence and in the pres- ence of Gurram Venkat Reddy and prepared scene of offence observation panchanama Ex.P15 and also prepared crime details form Ex.P14 and in their presence the police officials seized one Jio Black colour phone MO.2 and one plastic bottle MO.3 containing toddy and he signed on the said crime details form Ex.P14 and scene of offence observation cum seizure panchanama Ex.P15 along with Gurram Venkat Reddy and that Police af- fixed panch slips on MO. 2 and MO.3 and obtained his signatures on them and that at the scene of offence he observed white colour Maruthi swift colour car and a motor cycle at a distance of 10 meters from the car.
30.PW18 Nakkertha Venkatesh the independent mediator de- posed that he is resident of Dasanangudem village, Raghunathapally Man- dal and working as a auto driver and that he knows Gugulothu Easwahr who is also working as a auto driver and that on 20.02.2020 at about 10.20 am while he and Gugulothu Eashwar were at Raghunathapally bus stand that police officials secured them to the office of the Circle Inspector of Po- lice, Raghunathapally village and informed them that accused is involved in an accident and police officials shown them the driving license MO.4 of the accused and the same was seized by the police and that pursuant to the confession of accused in his presence and in the presence of Gugu- lothu Eashwar that the Circle Inspector of Police, Raghunathapally seized the driving license MO.4 in the name of accused and obtained their signa- 16SC No.67of 2021
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tures on the panchanama and that Ex.P16 is the admissible portion of the confession cum seizure panchanama of accused 20.02.2020 at 10.40 am.
31.PW19 Jithendher deposed that he is Nodal Officer, Reliance
Jio, Hyderabad from the year 2017 and that on the requisition Ex.P17 of
Adddl. DCP, Administration, Nodal Officer for CDRs, Warangal Commis- sionerate dated 27.05.2020 that heissued the CDRs, Customer Application
Form information to the said officer along with Section 65-B certificate on 12.10.2020 and that Ex.P18 is the letter dated 12.10.2020 furnishing the above information, Ex.P19 is Section 65-B certificate signed by him dated 12.10.2020, Ex.P20 is the copy of the customer application form in the name of Kadari Mahesh and Ex.P21 is the copy of customer application form in the name of Kunta Ravi and both of them were attested and signed by him and that Ex.P22 is the CDR for the cell phone No.9014965550 for the date from 16.02.2020 to 18.02.2020 consisting of one page , Ex.P23 is the CDR for the cell phone No.9390575441 for the period from 16.02.2020 to 18.02.2020 consisting of one page.
32.PW20 P.Jayalaxmi, deposed that she is Nodal Officer, Nodal
Officer, Vodafone Idea Limited Hyderabad since 2016 and that on the requisition Ex.P24 of Addl. DCP, Administration, Nodal Officer for CDRs,
Warangal Commissionerate dated 27.05.2020 that she issued the CDRs,
Customer Application Form information to the said officer along with Sec- tion 65-B certificate on 05.08.2020 , Ex.P25 is the letter dated 05.08.2020 17SC No.67of 2021
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furnishing the above information, Ex.P26 is Section 65-B certificate signed by her dated 05.08.2020, Ex.P27 is the copy of the customer application form in the name of B. Ashok along with copy of Aadhar card and Ex.P28 is the copy of customer application form in the name of Thirumala Murali
Goud and both of them attested and signed by her and that Ex.P29 is the copy application form in the name of Kanneboina Raju, Ex.P30 is the CDR for the cell phone No.7659066726 for the date from 16.02.2020 to 18.02.2020 consisting of one page, Ex.P31 is the CDR for the cell phone
No.9550509757 for the period from 16.02.2020 to 18.02.2020 consisting of four pages, Ex.P32 is the CDR for the cell phone No.9948963927 for the period from 16.02.2020 to 18.02.2020 consisting of four pages.
33.PW21 Dr.Prithvi deposed that he is working as Civil Assistant specialist at Community Health center Alair from 19.07.2018 and that on 18.02.220 on requisition of SHO, Police Station Gundala he conducted postmortem examination over three dead bodies at Community Health cen- ter Alair after dead bodies were identified by P.C.4284 of Police Station
Gundala and that he commenced autopsy over the dead body of Gad- damidi Rajamma aged about 49 years on 18.02.2020 at 1.30 pm and found the following ante mortem injuries.
1. Left elbow hematoma of size 5x4x1 cms
2. Multiple abrasions of ½ x ½ cms over right shoulder
3. Bilateral lower 1/3rd of leg fracture (both bone) he also observed bleeding present and ruptured liver and ruptured spleen. He concluded the post mortem examination ion 18.02.2020 at 2.15 pm.
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and that the approximate time of death is 12 to 18 hours prior to post mortem examination and that the cause of death to the best of his knowledge and belief was blunt injury abdomen and that Ex.P33 is the post mortem examination report issued by him for the autopsy conducted over the dead body of Gaddamidi Rajamma and that he commenced autopsy over the dead body of Peesari Sidda Reddy aged about 50 years at 2.25 pm on 18.02.2020 and found the following antemortem injuries.
1.Left forehead hematoma of 5 x ½ cms
2.Right temporal swelling of 3x1x1/2 cms
3.Bilateral Nasal bleed
4.Lower lip deep laceration with ½ cms x 1 cm x ½ cm.
5.Right and left distal 1/3 both bone open fractures
6.Right shoulder multiple abrasions of 1x1/2x1/2 cms
7.Left thigh laceration of 10 x 4 x ½ cms
8.Bilateral mid 1/3 femur fracture (Open)
9.Bilateral mid 1/3 both bone leg fracture (Open)
10. Left side lower half of abdomen abrasion 10x 3 x 2 x cms
11. Laceration of left tempar region 2x1x1/2 cms and that he concluded the postmortem examination at 3.40 pm and that he is of the opinion that the deceased died due to head injuries, multiple injuries and the approximate time of death is 12 to 18 hours prior to postmortem examination and that Ex.P34 is postmortem examination report issued by him for the autopsy conducted over the dead body of
Peesari Sidda Reddy and that he commenced autopsy over the dead body of Gaddameedi Pedda Balaiah aged about 55 years at 3.45 pm on 18.02.2020 and found the following ante mortem injuries.
1). Right forehead swelling 2x2x1 cms 19SC No.67of 2021
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2). Occipital swelling of 4x 3 cms 3). Right nostril and oral cavity bleeding present. 4). Left elbow swelling 3x1x ½ cms . 5). Left thigh anterior region upper half hematoma of12x3x1/2 cms 6). Distal 1/3 both bone right leg open structure seen and that he completed the autopsy at 4.30 pm on 18.02.2020 and that the approximate time of death is 16 to 20 hours prior to postmortem examination and that he is of the opinion that the cause of death to the best of his knowledge and belief was head injury and that Ex.P35 is the postmortem examination report dated 18.02.2020 issued by him for the autopsy conducted over the dead body of Gaddamidi Pedda Balaiah.
34.PW22 M.Sai Charan deposed that earlier he worked as
Assistant Motor Vehicle Inspector, Jangaon from 22.11.2016 to 06.12.2020 and that on the requisition of SHO, Police Station Gundala he conducted vehicle checking of the crime vehicle bearing no. TS 09-CTTR-5846
Maruthi Swift Car at Police Station Gundala on 20.02.2020 and found the following damages to the said car.
i. Windshield, right side head lamp, fog lamp and right side indicator broken ii. Bonnet, right side fender, front bumper, grill and roof top damaged.
and that he is of the opinion the accident is not due to any mechanical defect in the crime vehicle and that the owner of the said crime vehicle is
Thirumala Murali Goud, R/o. Neredmet and the driver of the crime vehicle as per the police requisition is Bongu Ashok and his driving license was not produced before him by the concerned police and that he issued Ex.P36
MVI report dated 20.02.2020 and that he has also examined the vehicle 20SC No.67of 2021
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bearing no. TS-27A-2845 Hero Passion Pro motor cycle and found the following damages to the vehicle.
1.Head lamp, both indicator, both rear view mirrors broken
2.Front wheel and rim, front shock absorbers, fuel tank and safety rod dam- aged.
and that the vehicle was not in a position to conduct road test due to the impact of the accident and that Ex.P.37 is the MVI Report issued by him
dated 20.02.2020.
35.PW24 M.Raju deposed that earlier he worked as Sub-
Inspector of Police, Police Station Gundala and that on 18.02.2020 at 8.00 am while he was the SHO, Police Station Gundala that PW1 G.
Balakrishna came to the Police Station Gundala and submitted the Ex.P1 report on the basis of which he registered the case in crime no.5/2020 under Section 304-A of IPC and submitted Ex.P40 original FIR to the Court and copies to all concerned officers and took up the investigation in this case and that he recorded the statement of PW1 at Police Station Gundala and visited Government Hospital, Alair where the dead bodies of the deceased were kept and conducted inquest over the dead body of Peesari
Sidda Reddy in the presence of Gurram Venkat Reddy and Malkapuram
Venkataiah PW16 and both the mediators were of the opinion that the deceased died due to the bleeding injuries sustained to both the legs and head in the accident and that he prepared the inquest panchanama Ex.P13 and obtained the signatures of the mediators on Ex.P13 and gave 21SC No.67of 2021
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requisition to Medical Officer, Government Hospital, Alair to conduct postmortem examination over the dead body of Peesari Sidda Reddy.
PW24 further deposed that he secured the presence of witnesses Peesari
Swarupa, Peeasri Sekhar Reddy, Peesari Sravan Reddy, Peesari Pavan
Reddy, Motta Ramachandra Reddy examined them and recorded their statements and that later he handed over the further investigation in this case to the Circle Inspector of Police, Jangaon Rural, P. Balaji Vara
Prasad due to the gravity of the offence.
36.PW23:P. Balaji Vara Prasad, the Circle Inspector of Police,
Jangaon, Rural Police Station and investigating officer in this case deposed that on 18.02.2020 at 8.00 am he received information from the
Sub-Inspector of Police, Police Station, Gundala about registration of the case in Crime no.5/2020 for the offence punishable under Section 304-A of
IPC, immediately he reached Police Station Gundala and collected the CD file from Sub-Inspector of Police, M. Raju and verified the investigation made by him and found it on correct lines and that later he along with M.
Raju visited Community Health Center Alair and found the dead bodies of three persons i.e., deceased no. 1 to 3 and that he secured the mediators
Bathini Bhagyamma PW15, Mirala Ilaiah and conducted inquest over the dead bodies of deceased no.1. Gaddamiddi Pedda Balaiah and deceased no.3 Gaddamidi Rajamma and both the mediators were of the opinion that both the deceased died due to injuries received in the road accident and 22SC No.67of 2021
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that Ex. P11 is the inquest panchanama dated 18.02.2020 prepared by him in the name of Gaddamidi Pedda Balaiah and that Ex.P12 is the inquest panchanama dated 18.02.220 prepared by him in the name of
Gaddamidi Rajamma and that on his direction, M. Raju conducted inquest over the dead body of deceased no.2 Pesari Siddha Reddy in the presence of Malkapuram Venkataiah PW16 and Gurram Venkat Reddy and that the inquest proceedings were photographed and that he gave a requisition to
Civil Assistant Surgeon, Community Health Center, Alair to conduct postmortem examination over the dead bodies of deceased nos. 1 to 3 and that after completion of the postmortem examination he handed over the dead bodies of deceased nos. 1 to 3 to their blood relatives to complete the final rites. PW23 further deposed that at Community Health Center, Alair he secured the presence of PW2, Bathini Mallaiah, Daddamidi Balaraju,
Gaddamidi Pedha Somaiah, Gaddamidi Andalu, Sudhagani Srinivas,
Sudhagani Balamani and PW5 examined them and recorded their statements and that in the meanwhile, M. Raju examined and recorded the statements of other witnesses and that thereafter, he visited scene of offence along with M. Raju which is situated near the Solar Plant situated on the main road in between Anantharam village and Suddala Village and observed the same in the presence of the mediators Guda Madhu PW17 and Gurram Venkat Reddy and prepared the scene of offence observation panchanama Ex.P15 and the crime details from Ex.P14 and seized Liquor 23SC No.67of 2021
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toddy bottle MO.3 and Jio Black Colour Phone MO.2 found inside the crime vehicle Maruthi Swift Car bearing No.TS 09- CTTR – 5846 MO.1 and also found Hero Passion Pro red and black motor cycle bearing No. TS 27A- 2845 MO.5 involved in the accident on which the deceased were traveling by the time of the accident and that later he shifted both vehicles involved in the accident to Police Station, Gundala and recorded the statements of Guda Ravindar PW3 and Guda Venaktesh at the scene of offence and that he gave a requisition to MVI Jangaon to visit Police
Station and to observe the crime vehicle car and the motor cycle and to give his report thereon and that on 20.02.2020 at 10.30 am the accused came to his office at Raghunathapally village and identified himself and surrendered before him in the above case and that he arrested the accused and interrogated in the presence of mediators Nakeertha
Venkatesh PW18 and Gugulothu Eashwar and pursuant to the confession of the accused he recorded the confession cum seizure panchanama of the accused and seized driving license MO.4 in the presence of above mediators and obtained their signatures on the said confession cum seizure panchanama and that Ex.P16 is the admissible portion of confession cum seizure panchanama of the accused dated 20.02.2020 at 10.40 am and that basing on the confession of the accused he added the
Section of law under Section 304-II of IPC and submitted the section of law alteration memo to the court and submitted the copies to the concerned 24SC No.67of 2021
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officials and that Ex.P38 is the section of law alteration memo dated 20.02.2020 and that after completion of arrest formalities he produced the accused before the Court for judicial custody and that on 22.02.2020 he secured the presence of the witnesses PW4, Kanneboina Raju, PW6
Chopari Mallaiah, PW7 Kunta Ravi, PW8 Kadari Mahesh, examined them and recorded their statements and that he filed requisition before Nodal
Officers of Reliance Jio Infocomm limited, Vodafone and Idea Limited,
BSNL Limited to provide call data particulars of PW4, PW6, PW7 and PW8 who were the co passengers in the crime car and that on24.02.2020 he forwarded the MO.3 plastic bottle containing toddy to FSL, Hyderabad through Assistant Commissioner of Police, Ghanpur for chemical analysis and report and then he secured the presence of the witnesses Atla Narsi
Reddy PW9, Eluri Krishna, Guda Narsimulu PW10, Balagani Muthyalu
PW11 and recorded their statements at Police Station Gundala and that on 26.02.2020 he visited Anantharam village and reached the house of
Choppari Shivaiah PW12 and recorded his statement and statement of his son PW13 Choppari Krishna and that on 28.02020 he recorded the statement of PW14 Thirumala Murali at his office at Raghunathapally village and later he received the call data records of the mobile phone numbers of PW4, PW7, PW6, PW7 and PW8 and analyzed the same and that he collected postmortem examination reports of deceased no.1 to 3 from Community Health Center, Alair and on receipt of FSL report from 25SC No.67of 2021
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Hyderabad dated 20.10.2020, MVI report dated 19.02.2020 and on completion of the investigation he filed the charge sheet before the court and submitted the case property before the court and that Ex.P39 is the
FSL Report dated 20.10.2020 wherein the Assistant Director, FSL,
Hyderabad opined that item no.1 i.e., MO.1 Plastic bottle containing toddy was analyzed and Chloral Hydrate a hypnotic substance along with 4.8 % v/v of ethyl alcohol is found in it and that the MO.2 Jio black colour phone contained a SIM bearing No.89918670400185352755. MO.6 is the SIM bearing No.89918670400185352755 and that he also seized the insurance certificate MO.7 of the crime vehicle from the said car at the scene of offence and original temporary registration certificate MO.8 in the name of
Mr. Thirumala Murali Goud PW14 dated 08.12.2019 for the car bearing
No. TS 09-CT-TR-5846 and that PW4, PW6, PW7 and PW8, PW11, PW13 stated before him as in Exs.P2, P4 to P8 respectively.
37.The charge against the accused is that on 17-2-2020 at about 6-00 p.m., at the outskirts of Anantharam village he drove the car bearing
No.TS-09-CT-TR-5846 in a rash and negligent manner which is dangerous to the public, in drunken condition at high speed in contravention to the speed limit, on the right side of the road in wrong direction and dashed the motor cycle bearing No.TS-27-A-2845 of Peesari
Sidda Reddy( deceased No.2) on which Gaddameedi Pedda
Balaiah( deceased No.1) and Gaddameedi Rajamma( deceased no.3) 26SC No.67of 2021
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were travelling as pillion riders and Peesari Sida Reddy ( deceased
No.2) was driving the said motor cycle, due to which all of them fell on the road and sustained severe injuries and that deceased no.1 and deceased no.2 died on the spot and deceased no.3 while undergoing treatment and that thereby, the accused is liable to be punished for the offences punishable under Section 304-II of IPC., and sections 183(1) and 184 of
Motor Vehicles Act.
38.To prove the said charge u/Sec.304 Part-II IPC the prosecution has to prove that the act done by the accused with knowledge that it is likely to cause death, but without any intention to cause death or such bodily injury as is likely to cause death. As stated above to prove its case the prosecution relied upon the evidence of PW.1 to PW.24 and documents marked as Exs.P1 to P40 and M.O.1 to M.O.8.
39.In view of evidence of PW.1 to PW.3 and the report Ex.P1 and the evidence of the private photographer PW5 and the photographs marked as Ex.P3 and the evidence of PW9, PW.10 and the evidence of the independent mediators PW15 and PW16 who attested the inquest panchanamas marked as Ex.P11 to Ex.P13 and the evidence of the first
Investigation Officer PW24 the Sub Inspector of Police, P.S., Gundala and the evidence of the second Investigating officer PW23 the Circle Inspector of Police, Jangaon Rural and the Crime details form Ex.P14 and the scene of offence observation Panchanama Ex.P15 that the scene of offence is 27SC No.67of 2021
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situated at the outskirts of Anantharam village leading towards Suddala village on the main road and that the road accident took place on 17-02- 2022 at about 6.00 p.m., between the crime vehicle Swift car bearing
No.TS-09-CT-TR-5846 and the Passion Pro motor cycle bearing No.TS- 27-A-2845 on which the deceased no.1 to 3 were traveling and that the deceased no.2 Peesari Sidda Reddy was riding the said vehicle and
Gaddameedi Pedda Salaiah and Gaddameedi Rajamma the parents of the informant G.Balakrishna were the pillion riders and deceased no.1 to 3 died due to the injuries sustained by them in the above accident as per the evidence of the Medical Officer Dr.Prithvi at Government Hospital, Alair who conducted the postmortem examination over the dead bodies of deceased no.1 to 3 and issued the postmortem examination reports
Ex.P33 to Ex.P35 and hence,the death of the deceased no.1 to 3 is homicidal in nature.
40.As stated above, the charge against the accused is that he was driving the crime vehicle Swift car bearing No.TS-09-CT-TR-5846 in a rash and negligent manner while he was in a drunken condition.
41.In this case, the plea of the accused is one of total denial and that he is not responsible for the above said accident and for the death of the deceased no.1 to 3. In support of his contention, the learned counsel
for the accused relied on a decision in CRL.O.P.No.3400 of 2012 of
Hon’ble High Court of Judicature at Madras, wherein it was held as follows:
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“20(i) The investigating agencies are hereby directed to register a case under Section 304(ii) IPC, if it is found out that the accused person against whom a complaint is given in pursuant to an accident result in a death is driving at the rel- evant point of time in a drunken state.”
42.In a reported decision at AIR 2012 SC 3802 Alister Anthony
Pareira Vs. State of Maharashtra, wherein it was held as follows:
“40. Rash or negligent driving on a public road with the knowledge of the danger- ous character and the likely effect of the act and resulting in death may fall in the cate- gory of culpable homicide not amounting to murder. A person, doing an act of rash or negligent driving, if aware of a risk that a particular consequence is likely to result and that result occurs, may be held guilty not only of the act but also of the result. As a matter of law - in view of the provisions of the IPC - the cases which fall within last clause of Section 299 but not within clause `fourthly' of Section 300 may cover the cases of rash or negligent act done with the knowledge of the likelihood of its dangerous consequences and may entail punishment under Section 304 Part II IPC. Section 304A IPC takes out of its ambit the cases of death of any person by doing any rash or negligent act amounting to culpable homicide of either description.
41. A person, responsible for a reckless or rash or negligent act that causes death which he had knowledge as a reasonable man that such act was dangerous enough to lead to some untoward thing and the death was likely to be caused, may be attributed with the knowledge of the consequence and may be fastened with culpability of homicide not amounting to murder and punishable under Section 304 Part II IPC. ”
43.In the instant case, the accused was not arrested at the scene of offence on 17.2.2020 immediately after the accident took place but as per the prosecution case that the accused surrendered himself before the
Investigating Officer PW23 P.Balaji Varaprasad on 20.2.2020 at 10.30 a.m.
and that pursuant to the confession of the accused PW23 recorded the confession cum seizure panchanama of the accused Ex.P16 under the cover of which M.O.4 driving licence in the name of the accused was seized from his possession and that after completion of arrest formalities that the accused was produced before the court for judicial custody.
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44.There is no medical evidence on record before this court that the accused has consumed alcohol and was in a drunken condition at the time of the accident on 17.2.2020 at 6.00 p.m. The prosecution to prove that the accused was in a drunken condition relied upon the seizure of
M.O.3 plastic bottle containing toddy from the crime vehicle by PW23 in the presence of the witnesses Guda Madhu PW17 and Gurram Venkat Reddy under the cover of scene of offence observation panchanama Ex.P15 and the crime details form Ex.P14. PW17 corroborated the evidence of PW23 regarding the seizure of M.O.3 plastic bottle containing toddy and the Jio phone M.O.2 from the crime vehicle at the scene of offence on 18.2.2020 at 3.45 p.m.
45.The prosecution did not offer any proper explanation for the delay occurred for the seizure of the plastic bottle M.O.3 containing toddy from the crime vehicle from 6.00 p.m., on 17.2.2020 till 3.45 p.m., on 18.2.2020. The FSL., report Ex.P39 dated:20.10.2020 shows that M.O.3 plastic bottle containing toddy was analysed and Chloral Hydrate a hyp- notic substance along with 4.8% V/V of ethyl alcohol is found in it. The evi- dence on record does not connect the accused to the seizure of the M.O.3 plastic bottle containing toddy or that accused was driving the crime vehicle car by consuming toddy.
46.Further to prove that the accused was driving the crime vehicle at the time of the accident, the prosecution relied upon the evidence of the 30SC No.67of 2021
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eyewitness PW3 and the co-passengers in the crime vehicle car, i.e.,
PW4,PW6 to PW8 and the evidence of PW9 to PW11 to show that the ac- cused consumed toddy at Suddala village outskirts.
47.As seen from the evidence of PW3, he deposed on17.2.2020 when he reached the scene of offence at Solar company at Anantharam vil- lage, that he found one two wheeler and one Swift car bearing no.TR-5846 colluded and three persons are found on the road and that Pedda Balaiah and Sidda Reddy have died on the spot and that Rajamma died while be- ing shifted to Alair hospital and that immediately he informed the same to
PW1 on phone. PW3 though examined as eyewitness did not depose as to how the accident took place nor he identified the accused before the court as the driver of the crime vehicle and in such circumstances, the evidence of PW3 is of no help to the prosecution case.
48.As per the prosecution case, PW4,PW6,PW7 and PW8 have travelled in the crime vehicle car being driven by the accused after all of them have consumed toddy at the outskirts of Suddala village. But PW6 ,
PW7 and PW8 totally turned hostile to the prosecution case and deposed they do not know the facts of this case. PW4 stated that his family and fam- ily of the accused travelled together in the car to attend the marriage and on the next day of the marriage at about 8.00 p.m., he came to know about the accident which took place near Anantharam village and that Sidda
Reddy and another aged person have died. PW4 did not depose categori- 31SC No.67of 2021
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cally in support of the prosecution case that the accused was driving the crime vehicle car at the time of the accident.
49.The prosecution has also examined PW9 to PW11 as wit- nesses who have observed accused and PW4, PW6 to PW8 have con- sumed toddy at outskirts of Suddala village. But PW11 a toddy tapper to- tally turned hostile to the prosecution case and deposed that he does not know facts of this case. PW9 deposed that on 17.2.2020 he was returning to Jangaon on his motor cycle and one white car over took his bike in a very speed manner at Solar Power Station near Suddala village and after some time he heard big noise and when he reached the place he found three persons lying on the road and out of them two persons have died and one woman was surviving with injuries and he found white car at the scene of offence. In the cross-examination PW9 stated the said road is double road and within one minute he heard noise when he was crossing the Solar
Power Plant and he has not observed whether any objects have fallen on the road. The above evidence of PW9 does not show that he is eyewitness to the accident and further the evidence of PW9 des not prove that the ac- cused was driving the crime vehicle car in a rash and negligent manner and caused the accident.
50.Similarly, the evidence of PW10 shows that on 17.2.2020 he was coming from Suddala village towards his agricultural fields near the
Solar Plant at Anantharam village and that he observed one white car sta- 32SC No.67of 2021
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tioned at High School of Suddala village and that the driver of the car was found in the driving seat and the accused present in the court hall is the same driver and after that he left the place and about 6.30 p.m., he went to his agricultural fields to feed his cattle and then he heard a big noise and after five minutes he went to the scene of offence and found Balaiah and
Sidda Reddy have died on the spot and Rajamma was having some con- scious and on observation of the scene of offence it might be the car driver who hit the motor bike.
51.The above evidence of PW10 does not show that he has wit- nessed the accident and that the accused was driving the crime vehicle car when the accident took place. Further, the evidence of PW10 shows that on observation of the scene of offence that it might be the car driver who hit the motor bike. It is settled law that the prosecution has to prove its case beyond reasonable doubt and it cannot rest its case on surmises and con- jectures and that there can be no conviction on the basis of surmises and conjectures or suspicion howsoever grave it may be. Strong suspicion, strong coincidences and grave doubt cannot take the place of legal proof.
52.The prosecution has also relied upon the evidence of PW14 the owner of the crime vehicle to prove its case against the accused. The evidence of PW14 shows that on 14.2.2020 the accused took his car stat- ing that he has to attend urgent work and that he will return the car and that on 17.2.2020 he received a phone call from Gundala Police Station of- 33SC No.67of 2021
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ficials that his car met with an accident and it hit a motor cycle on 17.2.2020 and that three persons have died in that accident. And when he went to P.S.,Gundala that he was informed by the police officials that the accused caused the above accident and that his car is still in the custody of the police and the Ex.P9 is the photograph of the said car in damaged con- dition. The above evidence of PW14 is only circumstantial in nature and he is not an eyewitness for the accident and basing on the above evidence of
PW14 it cannot be concluded that the accused was driving the crime vehi- cle in a rash and negligent manner in drunken condition at the time of the accident.
53.In the instant case the prosecution has also examined PW19
Jitender the Nodal Officer of Reliance Jio, Hyderabad and PW20 P.Jay- alaxmi, Nodal Officer of Vodafone Idea Limited, Hyderabad and in their evi- dence Ex.P17 to Ex.P32 are marked. The above said evidence of PW19 and PW20 does not establish the presence of the accused at the scene of offence on 17.2.2020 and no such conclusive evidence is adduced by the prosecution through PW19 and PW20 and the Investigation Officer PW23.
54.The evidence of the Investigating Officers PW23 and PW24 and the evidence of the Motor Vehicle Inspector PW18 is only circumstan- tial in nature regarding the registration of the case and the investigation made by PW23 and PW24 and the inspection of the crime vehicle by
PW18 and their evidence does not conclusively prove that the accused 34SC No.67of 2021
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was driving the crime vehicle at the time of the accident in a drunken condi- tion in a rash and negligent manner.
55.In view of the above discussion, for the above stated reasons it shall be concluded that the prosecution has failed to prove beyond rea- sonable doubt that the accused was driving the crime vehicle car at the time of the accident on 17.2.2020 at 6.00 p.m., at the outskirts of Anan- tharam village in a drunken condition and that the evidence on record is found not sufficient to find the accused guilty for the charge under Section 304-II of IPC.,and Section 183(1) and 184 of MV Act beyond reasonable doubt and the accused is entitled to the benefit of reasonable doubt and is to be acquitted for the said charges. The point is answered accordingly.
56.In the result, the accused is found not guilty for the charges punishable under Section 304-II of IPC., and Section 183(1) and 184 of MV
Act and he is acquitted under Sec.235 (1) of Cr.P.C., for the said charges, the bail bonds of the accused shall stand cancelled after a period of six months from the date of this judgment. M.O.1 Maruti Swift white car with temporary registration No.TS-09-CT-TR-5846, M.O.7 ICICI insurance cer- tificate and M.O.8 original temporary registration certificate for the car bearing No.TS-09-CT-TR-5846 shall be given in custody to PW14 after lapse of appeal time. M.O.2 Jio black colour phone is confsicated to State.
M.O.3 plastic bottle containing toddy shall be destroyed after lapse of ap- peal time. M.O.4 driving licnece in the name of the accused shall be re- 35SC No.67of 2021
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turned to accused after lapse of appeal time. M.O.5 Hero Passion Pro mo- tor cycle bearing No.TS-27-A-2845 shall be given in custody to the legal heirs of Peesari Sidda Reddy. M.O.6 SIM Card bearing
No.89918670400185352755 shall be destroyed after lapse of appeal time.
Typed to my dictation by Stenographer, corrected and pronounced by me in the open court on this the 26 th day of June, 2023.
PRINCIPAL SESSIONS JUDGE
BHONGIR
APPENDIX OF EVIDENCE
WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION
PW1, LW1G. Balakrishna Complainant and son of deceased o.1 and 3 PW2, LW2G. Pandari Circumstantial witness PW3, LW15G. Ravinder Eyewitness PW4, LW17K. RajuCo-passenger and speaks the facts of the case PW5, LW14R. ShakerPhotographer and Circumstantial witness PW6,LW 20CH. MallaiahCo passenger and speaks the facts of the case PW7, LW18K. RaviCo passenger and speaks the facts of the case PW8,LW19K. MaheshCo-passenger and speaks the facts of the case PW9, LW21A. Narsi Reddy Circumstantial witness PW10, LW23G. Narsimha Circumstantial witness PW11, LW24Balagani MuthyaluCircumstantial witness PW12, LW25Choppari Shivaiah Circumstantial witness PW13, LW26Choppari KrishnaCircumstantial witness PW14,LW27Thirumal MuraliOwner of the crime vehicle PW15, LW28Bathini BagyammaPanch witness for inquest panchanama of deceased no.1 and 3 PW16, LW30MalkapuramPanch witness for inquest panchanama of Venkataiahdeceasedno.2 PW17, LW31Guda MadhuPanch witness for scene of offence panchanama PW18, LW33NakkerthaPanch witness for confession cum seizure Venkateshpanchanama of the accused PW19, LW35JithendharCircumstantial witness issued certified copies of JIO phone number PW20, LW36P. JayalakshmiCircumstantial witness issued certified copies of Vodafone and Idea phone numbers PW21, LW38Dr.PrithviConducted autopsy over the dead bodies of the deceased and issued PME reports 36SC No.67of 2021
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PW22, LW40M. Sai CharanMVI, inspected the crime vehicle and issued report PW23, LW42P. Balaji Vara PrasadInvestigating Officer and filed charge sheet PW24, LW41M. Raju Issued FIR
WITNESSES EXAMINED ON BEHALF OF ACCUSED
NIL
EXHIBITS MARKED ON BEHALF OF PROSECUTION
Ex.P1Complaint. Ex.P2Section 161 CrPc. Statement. Ex.P3 Photographs of the deceased Ex.P4Section 161 CrPc. Statement. Ex.P5Section 161 CrPc. Statement. Ex.P6Section 161 CrPc. Statement. Ex.P7Section 161 CrPc. Statement. Ex.P8Section 161 CrPc. Statement. Ex.P9Two Photographs of Maruthi White Swift Car with temporary registration number Ex.P10Copy of the temporary certificate of registration of the said Maruthi Swift Car in the name of PW14 with temporary registration No. TS 09-CT-TR-5846. Ex.P11Inquest panchanama dated 18.02.2020 in the name of Pedda Balaiah. Ex.P12Inquest panchanama dated 18.02.2020 in the name of Rajamma. Ex.P13Inquest panchanama dated 18.02.2020 held over the dead body of Peesari Sidda Reddy. Ex.P14Crime details form Ex.P15Scene of offence observation panchanama dated 18.02.2020. Ex.P16Admissible portion of the confession cum seizure panchanama of accused,
dated 20.02.2020.
Ex.P17CDRs, Customer Application Form information Ex.P18Letter, dated 12.10.2020. Ex.P19Section 65-B certificate, dated 12.10.2020. Ex.P20Copy of the customer application form in the name of Kadari Mahesh. Ex.P21Copy of the customer application form in the name of Kunta Ravi. Ex.P22CDR for the cell phone No. 9014965550 for the date from 16.02.2020 to 18.02.2020 consisting of one page. Ex.P23CDR for the cell phone No. 9390575441 for the date from 16.02.2020 to 18.02.2020 consisting of one page. Ex.P24CDRs, Customer Application Form information . Ex.P25Letter dated 05.08.2020. Ex.P26Section 65-B Certificate dated 05.08.2020. Ex.P27Copy of the customer application form in the name of B. Ashok along with copy of Aadhar card.
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Ex.P28Copy of the customer application form in the name of Thirumala Murali Goud. Ex.P29Copy of the customer application form in the name of Kanneboina Raju. Ex.P30CDR for the cell phone No. 7659066726 for the date from 16.02.2020 to 18.02.2020 consisting of one page. Ex.P31CDR for the cell phone No. 9550509757 for the period from 16.02.2020 to 18.02.2020 consisting of four pages. Ex.P32CDR for the cell phone No. 9948963927 for the period from 16.02.2020 to 18.02.2020 consisting of four pages. Ex.P33Post mortem examination report issued by PW21 FOR the autopsy conducted over the dead body of Gaddamidi Rajamma. Ex.P34Post mortem examination report issued by PW21 for the autopsy conducted over the dead body of Peesari Sidda Reddy. Ex.P35Post mortem examination report dated 18.02.2020 issued by PW21 for the autopsy conducted over the dead body of Gaddamidi Pedda Balaiah. Ex.P36MVI report, dated 20.02.2020. Ex.P37MVI report, dated 20.02.2020. Ex.P38Section of law alteration memo, dated 20.02.2020. Ex.P39FSL Report, dated 20.10.2020. Ex.P40Original FIR inCr.No.5 of 2020 f P.S.,Gundala
EXHIBITS MARKED ON BEHALF OF THE ACCUSED
NIL
MATERIAL OBJECTS MARKED
M.O.1: Maruthi Swift White Car with temporary registration No.TS 09-CT-TR- 5846. MO.2Jio Black colour phone MO.3Plastic bottle containing toddy MO.4Driving Licence in the name of the accused. MO.5Hero Passion Pro red and black motor cycle bearing No. TS 27A-2845. MO.6SIM bearing No. 89918670400185352755 MO.7ICICI Insurance Certificate dated 08.12.2019 in the name of Mr. Thirumala Murali Goud MO.8Temporary RC original in the name of Thirumala Murali Goud PW14 dated 08.12.2019 for the car bearing No. TS 09CTTR- 5846.
Principal Sessions Judge,
Bhongir