1 C.C. No. 248 of 201411.10.2018
IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS:
ATMAKUR-A
This the 11h day of October, Two thousand and Eighteen
Present: SMT.V. USHA KRANTHI, Judicial First Class Magistrate, Gadwal, FAC Atmakur-A.
C.C.No. 248 of 2014
Between:
State through Sub-Inspector of Police, Cr.No. 111/2014 of P.S. Devarkadra.
...Complainant
And
1.Chiluka Anjaneyulu S/o Beechupally, age 32 years, Caste: Uppari, Occu: Agriculture R/o: Perur Village of Devarkadra mandal.
2. Dokur Narsimulu goud @ Peditiniti Narsimulu goud S/o Kistanna goud, age: 28 years, Caste: Goud, Occu: Agril, R/o: perur village of Devarkadra mandal.
3.Yaddula Srinu @ Yerukali Srinu S/o Pedda Chandranna, age: 27 years, cast: Yerukali, Occu: Agril R/o: Perur village of Devarkadra mandal.
4. Golla Ramesh @ Bandari Ramesh S/o Laxmanna, age 27 years, Caste: Golla Occu: Agril, R/o: Perur village of Devarkadra mandal.
5.Kavali Suri S/o Ramchandraiah, age 28 years, Cast: boya, Occu: Electrician R/o Perur village of Devarkadra mandal.
6.Chinthakunta Ram Reddy S/o Narsimha reddy, age 29 years, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
7.Chinthakunta Pratap reddy S/o Krishna reddy. Age 36 years, cast: Reddy, Occu: Agril, R/o Muthyalampally of Devarkadra mandal.
8.Chinthakunta Raghunath reddy S/o Narsimha reddy, age: 32 years, cast: Reddy, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
9.Chinthakunta Srinivas reddy S/o Narayana reddy, age; 27 years, Cast: Reddy , Occu: Agril R/o Muthyalampally of Devarkadra mandal.
10.Golla Lalu @ Ganikadi Lalu S/o Hanumanna, age 49 years, cast: Golla, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
11. Chintakunta Shekar reddy S/o Narsimha reddy, age; 32 years, Cast: Reddy , Occu: Agril R/o Muthyalampally of Devarkadra mandal.
12.Chintakunta Nagi reddy S/o Venakt reddy, age; 46 years, Cast: Reddy , Occu: Agril R/o Muthyalampally of Devarkadra mandal.
13.Boya Mogulamma @ Boya Murali S/o Narsanna, age; 30 years, Cast: Boya, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
14.Bandari Dasharath S/o Kistanna, age; 35 years, Cast: Golla , Occu: Agril R/o Muthyalampally of Devarkadra mandal.
2 C.C. No. 248 of 201411.10.2018 15.Kategouni Venkatesh goud S/o Ramulu goud, age; 32 years, Cast: Ediga , Occu: Agril R/o Muthyalampally of Devarkadra mandal.
16.Pinamcerla Nareshwar reddy S/o Ramakrishna reddy, age; 25 years, Cast: Kapu, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
17. Kavali Ramulu S/o Balaswamy, age; 28 years, Caste: Boya , Occu: Agril R/o Muthyalampally of Devarkadra mandal.
18.Sandapal Chinna Bandanna S/o Masanna, age; 45 years, Cast: madiga, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
19.Sangapaga Ramesh S/o Narsimulu, age; 27 years, Caste: madiga, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
20.Sandapala Chanrayudu S/o Pedd Balaiah, age; 45 years, Caste:madiga, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
21.Sandapala Srinu S/o Chenappa, age; 47 years, Caste: madiga, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
22.Chintakunta Masi reddy S/o Narayana reddy, age; 32 years, Caste: Reddy , Occu: Agril R/o Muthyalampally of Devarkadra mandal.
23.Unguru Balanna S/o Kistanna, age; 50 years, Caste: Golla, Occu: Agril R/o Muthyalampally of Devarkadra mandal.
24.Gujjula Balavardhan S/o Venkatannna, age; 19 years, Caste: Boya, Occu: Student R/o Muthyalampally of Devarkadra mandal.
25.Kotha Pradeep reddy S/o Malender reddy, age; 19 years, Caste: Reddy , Occu: Studnet R/o Muthyalampally of Devarkadra mandal.
...Accused A1 to A25.
Offence::: U/s 341, 427, 506 r/w 149 IPC.
Plea of accused:: Not guilty
Finding :: Found not guilty.
Sentence or Order:: Accused No.1 to 25 are found not guilty for the offence U/sec. 341, 427, 506 r/w 149 IPC and accordingly they are acquitted of the same u/s 248(1) Cr.P.C. The bail bonds of the accused A1 to A25 shall stand cancelled after expiry of appeal time. The unmarked case property shall be destroyed after appeal period is over.
***
This case coming up before me for final hearing on 27.09.2018 in the presence of APP for the State and Sri C. Rameshwar Reddy, Advocate for 3 C.C. No. 248 of 201411.10.2018 accused upon perusing the material papers on record and having stood over for consideration till this day the Court delivered the following:- :: J U D G M E N T ::-
1. The Sub-Inspector of Police, Devarkadra, P.S. laid Charge sheet against accused No.1 to 25 in Cr.No. 111/2014 for the offence under sec.
341, 427, 506 r/w 149 IPC.
2. The brief facts of the case are that on 15-10-2014 at 12:00 hours the complainant Pw.1 Sri Jetty Narsimha Reddy came to PS and lodged a petition, in which he stated that on 14-10-2014 at about 8:35 p,m after attending function in their friend house at perur village while returning along with TRS party mandal followers Konda Srinivasa Reddy, K.Bhaskar reddy and car driver Rajender Reddy, meanwhile at about 09:00 p.m. by alleging that TDP member MPTC Tempu Krishnaih jumped into the TRS party from TDP party going become Arvindkumar reddy followers 1. Chiluka Anjaneyulu 2.
Dokur Narsimulu goud 3. Yaddula Srinu 4. Golla Ramesh 5. Kavali Suri was were hatched a plan and all of sudden attacked by wrongfully restrained on their vehicle bearing no. AP 22 S 9909 by holding deadly weapons, sharp rods and sticks. On seen them immediately managed escaping turned vehicle towards route of Muthyalampally to to varne village but they chased on their tractor, bikes and near Muthyalampally village again another followers of K. Aravind reddy 1. Chinthakunta Ramreddy 2. C.Pratap Reddy 3.
Ragunath reddy 4. Srinivas reddy 5. Golla Lalu 6. Shekar reddy 7. Nagireddy
8. Boya Mogilanna were attached on their vehicle, but they managed to escaped from there towards varne towards they returned to Devarkadra and today came to PS and lodged petition. Finally he requested to take legal action against who were attached with intention to assault them by keeping grudges about political party issues. Basing on the contents of the above complaint, I SIP Devarkadra PS has registered a case in Cr.No. 111/2014 U/s.
341, 427, 506 r/w 149 IPC and submitted the FIRs to the Honourable JFCM court and others concerned and took up the investigation.
3.During the course of investigation I have examined and recorded the statement of LW-1 in Part-II C.D. U/s 161 (3) Cr.P.C. Further also recorded the statements of Lw-2 to 4 who are eye witnesses, in which they disclosed that
A-1 to A13 who are mentioned in FIR and also A-14m to A-25 were by planning wrongfully restrained in their car bearing No. Ap22 S 9909 on the road, while escaping they chased on their tractor and motor bikes by holding rock, and sticks and damaged car back side glass and also threatened with dire consequences saying “ Kodukulanu chapandi raa” by keeping grudge that Lw-1 motivated one TDP MPTC candidate Mandadi Krishnaiah joining in 4 C.C. No. 248 of 201411.10.2018 to the TRS party from TDP party and TRS party going became strong in their village. Subsequently visited the scene of offence situated at
Muthayalampally village sivar, secured the presence of mediators Lws 7 & 8 recorded all details in crime details from, and issued CDF by drawing its rough sketch and seized two sticks and two rocks which were used in the commission of offence. On next day i.e. on 16-10-2014 I proceeded to Perur village, where I examined and recorded the statement of Lw5 & 6 in part-II
CD in detail U/s 161 (3) Cr.P.C.
4.During the course of investigation on 16-10-2014 at 13:00 hours the accused A1 to A25 came to Ps and themselves surrended before mi. On through interrogation the accused confessed the guilt, In this regard I have affected their and intormed the grounds of arrest too. After that the accused produced sufficient sureties for releasing them on bail. I have scrutinized the sureties and after duly confirmation, the accused were released on bail.
5.On appearance of the accused A1 to A25, copies of case documents were furnished to them in compliance under section 207 Cr.P.C. and they are examined u/sec. 239 Cr.P.C. and charge there upon was framed against accused A1 to A25 for the offence under sec. 341, 427, 506 r/w 149 IPC. and was explained and read over to them in Telugu, to which they pleaded not guilty and claimed to be tried.
6.During the course of trial the prosecution examined PW1 to 7 and got marked Ex.P1 to Ex.P3.
7.After closure of prosecution evidence, the examination under sec. 313
Cr.P.C. is dispensed with as there is no incriminating evidence against the accused A1 to A25.
8.Heard the arguments of learned APP and learned counsel for accused.
9.Now the point for determination is whether the prosecution
could able to prove the offence against accused A1 to A25 under
section 341, 427, 506, r/w 149 IPC beyond all reasonable doubt?
POINT:- It is the case of the prosecution that on perusal of the prosecution evidences of PW1 J.Narsimha Reddy deposed that on 14-10-2014 at
about 09;30 hours while he visited to attend function at his
friend’s house situated at perur village. After the function while he
was returning back to Devarkadra village on his Scorpio vehicle
5 C.C. No. 248 of 201411.10.2018
bearing No. AP 22S 9909 the accused No.1 to 25 chased him on
their motorcycles ad thrown stones at his vehicles because of
which the back side and side mirrors were damaged. It was
further noticed by him that while he was passing through
kistampally, Muthyalampally and Varne villages few more persons
joined with the accused and they are chasing him. At about
Kistampally village the accused attempted to hit him with a
because of which the bonnet of the vehicle was damaged. From
there he directly went to Devarkadra police station and lodged a
report against the accused. Ex.P1 is the report lodged by him.
Police examined him and recorded his statement.
PW2 Bhaskar Reddy deposed that on 14-10-2014 at about
08;30 hours while he along with Pw.1, Lw.2 visited to attend
function at one of party worker’s house situated at Varne village.
After the function while we were returning back to Devarkadra
village on his Scorpio vehicle belonging to Pw.1 and bearing No.
AP 22S 9909. After crossing Muthyalampally village nearly 20 to
30 persons attached on our vehicle but due to dark night he
cannot identify those persons who attacked our vehicle. I can
identify three of four persons among the accused and he cannot
identify the rest of the accused. From there we directly went to
Devarkadra police station and lodged report against the accused.
Police examined him and recorded statement.
PW3 J.Rajendr Reddy deposed that about four years back in
the month of October, he along with Pw.1, Lw.2, Pw.2 went a
function at Perur village. After the function while we were
returning back to Devarkadra village on the Scorpio vehicle of
Pw.1 driven by him bearing No. AP22s 9909. After crossing Perur
near a turning about 25 persons on us and damaged our vehicle.
Somehow we manage to escape and went to Devarkadra police
station and lodged a report against the accused. Police examined
him and recorded him statement.
his villager. After attending the function Pw.1 to Pw.3 and
Lw.2 while returning back to their house situated at Devarkardra
6 C.C. No. 248 of 201411.10.2018
in a Scorpio vehicle. He further came to know that all the accused
with a preplanned were waiting at the out skirts of our village and
when they saw the vehicle of Pw1 to Pw.3, the accused attacked
on their Scorpio vehicle by petting stones due to which the mirror
of the said vehicle damaged. Pw.1 to Pw.3 escaped from the
clutches of the accused and they went to their village and lodged
a report against the accused on the next day of the incident.
Police never examined him and recorded his statement.
PW5 Konda Srinivas Reddy deposed that on 14-10-2014 at
about 08:30 hours there was a function in the house of one
Srinivas Goud who happens to be the friend of Pw.1. Pw.1 took
Pw.2, Pw.3 and his self along with him. The function was over and
we return back at about 09:20 p.m. While returning back he saw a
mob of nearly 50 members with sticks and stones. They were
standing on the either side of the road. So we drove our Scorpio
vehicle bearing No. 9909 speedly while so the mob of people who
were standing on the either side of the road pelted the stones and
sticks on our vehicle. Due to which the near side mirror
completely smashed away. From there we directly went to
Devarkadra police and lodged a report against the accused. Police
examined him and recorded his statement.
PW7 D.Raju S.I. of police deposed that on 15-10-2014 at
about 12:00 hours e he received Ex.P1 from Pw.1 and registered
a case vide Cr.No. 111 of 2014 under section 341, 427, 506 r/w
149 of IPC and issued Fir to all concerned. Ex.P3 is the FIR later
he examined and recorded the statements of Pw.1 to Pw.3 and
Pw.5. On 16-1-2014 he went to Perur village there he examined
Pw.4 and Lw.5. on 18-10-2014 A1 to A25 came to police station
and surrendered before him and released on station bail. After
completion of investigation he filed a charge sheet against the
accused.
10.Pw.1 stated that when he was returning from Devarkadra on
his vehicle A1 to A25 chased him and omitted the presence of
Pw.2, Pw.3 in the vehicle and admitted that he cannot Identified
7 C.C. No. 248 of 201411.10.2018
the Accused & stated that All Accused attacked his vehicle on 3
places and 100 members were involved in the attack.Pw.2 stated
that he can Identified 3 to 4 four person and incident occurred in
the dark night and he have not stated each of the alleged
accused name.Pw.3 stated that he was driving the vehicle they
could not identify the alleged Accused. Pw4, 5 stated that, all
Accused, pelted stones but no where this version is either found
in Ex.P1 or 161 statement and the reason for the attack was not
mentioned by the PW.1. Pw.6, Pw.7 stated that on 18-10-2014 All
Accused surrendered before him. But as per charge sheet, All the
accused were surrendered before him on 16-10-2018. Having
regard to the prosecution witness Evidence Each of their
statements are not corroborated with them, and creates doubt full
circumstances. However the Pw.7 who conducted investigation
did not conduct any scene of offence panchanama and not
obtained photographs not seized the damaged Scorpio mirror
glasses and Moreover failed to conduct Test Identification parade
further more as their as too many in consistencies the
constancies version among prosecution and improvements
omissions, which are not proved by themselves and a 16 hours
delay which is not explained by them. When Pw.1 he himself
stated that he directly went to P.S. on the alleged day on incident
during night hours this Evidence is not believable since Pw.2, 3, 5
are the interested witness their Evidence if observed are many
inconsistencies and variations not related to each other’s which
creates suspicion on their case which are not proved, and their
Evidences are not reliable and Hence their Evidence is nowhere
helpful to them, and Moreover it is settled law us lawful
Assembly when the prosecution failed to prove the specific
overtacts and their presence in the commission of offence it is
fatal to their own case. Therefore considering the above this court
is if considered opinion, that prosecution miserably failed to prove
guilt of the Accused and accordingly All acquitted are given behalf
of doubt.
8 C.C. No. 248 of 201411.10.2018
11.In the result, the accused No.1 to 25 are found not guilty for the offence under sec.341, 427, 506 r/w 149 IPC. and accordingly they are acquitted of the same under section 248(1) Cr.P.C. The bail bonds of the accused A1 to A25 shall stand cancelled after expiry of appeal time. The unmarked case property shall be destroyed after appeal time is over.
Typed to my Dictation, corrected and pronounced by me in the open court this the 11th day of October, 2018.
Judicial First Class Magistrate, Gadwal, FAC Atmakur-A.
:: Appendix of evidence:: Witnesses examined for
Prosecution: Defence:
Pw1. J.Narsimha Reddy None Pw2. K.Bhaskkar Reddy Pw3. J.Rajender Redy Pw4. M. Krishnaiyaha Pw5. Srinivas Reddy Pw6. Ranga Reddy Pw7. D.Raju ::Exhibits marked for:: Prosecution:
Ex.P1: is complainant by Pw.1 Ex.P2: is signature on CDF by Pw.6 Ex.P3: is FIR by Pw.7
Defence: -NIL- ::Material objects marked for:: -NIL-
Judicial First Class Magistrate, Gadwal, FAC Atmakur-A.
9 C.C. No. 248 of 201411.10.2018