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IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS,

DHARMAVARAM

PRESENT:- Smt. M.Siva Parvathi,

Judicial Magistrate of First Class, Dharmavaram

Monday, the 29th day of August, 2022

P.R.C.2/2022

BETWEEN:

State rep. by the Inspector of Police, Ramagiri Circle… Complainant

And

1. Nandigari Peddanna, age 52 years, S/o Late Narayanappa

2. Nandigari Mallesh, age 30 years, S/o Peddanna Both are R/oMedapuram Village, C.K. Palli Mandal… Accused

This case coming on this day for hearing before me in the presence of learned Senior Assistant Public Prosecutor for the prosecution and Kum. K.M.Reshma, Advocate for for the accused and upon consideration, this court made the following:-

O R D E R

1.The Inspector of Police, Ramagiri Circle filed charge sheet in Cr.No.291/20210 of

Chennekothapalli P.S. for the offence punishable under section 302, r/w.34 of Indian

Penal Code against the Accused.

2. The contents of the charge sheet in brief are that The deceased Garladinne

Bhaskar is resident of Medapuram Village, C.K. Palli Mandal and lives by cultivation. His parents are having two sons and a daughter. About 17 years back the deceased got marriage with one Lakshmidevi, daughter of Peddanna (A.1) and they blessed with a son and two daughters. The deceased, his parents, brother and sister are residing separately in a locality and the deceased addicted to bad vices and consume liquor and not doing any work, moving here and there without any work and beating his wife

Lakshmidevi for want of amount for his bad vices. In this regard, his wife Lakshmidevi, her father Peddanna and brother Mallesh chastised him many times, but he did not 2 change his behaviour and harassing his wife and children. About one week back to the incident, the deceased came to home in heavy drunken state and beat his wife, then his second daughter Kusuma, aged 13 years came across her and caused fracture of her hand. On knowing the same, the accused A.1 and A.2 came to their house and chastised and warned him to change his behaviour, and the deceased parents also convinced him to changed his behaviour. On 18-12-2020 at about 10-00 P.M. at about 10-00 P.M., the deceased came to home in heavy drunken state and started beating his wife and children and on hearing the same his parents, brother Gopal, sister-in-law

Lakshmidevi, sister Pullamma, senior paternal uncle Roshappa came and tried to rescue them, but he did not listen their words and beat his daughter Kusuma indiscriminately and that his elder daughter Suvarna phoned up to her grandfather/accused No.1

Peddanna and informed the same, then accused Nos.1 and 2 came there at about 10-30 P.M., and tried to convince him, but he did not heed their words and continued beating his wife Lakshmidevi and that the accused A.1 and A.2 took a stick and beat the deceased indiscriminately while stating as they chastised him to change his behaviour, but there is no change in his behaviour and if they kill him, then his daughter and children will life happily and beat him indiscriminately with sticks and caused bleeding injuries and the deceased fell down on the floor unconscious with bleeding injuries and further A.1 and A.2 kicked him indiscriminately on his stomach and private parts. On seeing the deceased was in unconscious state, the accused think as he died and while going away the accused threatened LW.1-Garladinne Lakshmidevi,

LW.2-Garladinne Adinarayana, LW.3-Peravali Pullamma, LW.4-Garladinne Gopal, LW.5-

Garladinne Lakshmidevi, LW.7-Nune Peddannagari Narayanappa and LW.8-

Vullekkappagari Pedda Venkatesh, who gathered there, if they revealed the matter to anyone, they will see their end and went away along with the wife of the deceased and children. The parents of the deceased stayed near the deceased upto 4-00 A.M. on 19-12-2020 and when the deceased got conscious and started hum in the house, they went away from that place. Later, at about 11-00 A.M., the deceased tried to went out from the house and fell down on the floor and succumbed to injuries caused due to beat by the accused.

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On the complaint of LW.1-Garladinne Lakshmidevi, a case in Cr.No.291/2020, u/s.302 r/w.34 I.P.C. was registered by LW.18-G.Ramesh Babu, Sub-Inspector of Police,

Chennekothapalli P.S. LW.19-S.Ch. Ghouse, Inspector of Police, Ramagiri Circle took-up investigation, conducted inquest over the dead body of deceased in the presence of blood relatives and witnesses, prepared inquest panchanama, examined the scene of offence, seized blood stained cement plasting, its control and blood stained black slab piece and its control and drawn rough sketch, examined the witnesses and recorded their statements.

On 22-12-2020 on credible information, LW19-S.Ch. Ghouse, Inspector of Police,

Ramagiri Circle arrested the accused near Dharmavaram Road, situated Basampalli bus-stand, Chennekothapalli Mandal in the presence of mediators, under cover of mahazar and visited the house of accused and seized crime weapon i.e. blood stained stick under cover of mahazar. He also examined the wife and children of deceased, recorded their statements.

LW.15-Dr.Indulekha, Civil Assistant Surgeon, Govt. Hospital, Dharmavaram conducted autopsy over the dead body of deceased, preserved viscera of the deceased for chemical analysis. LW.16-Assistant Director, RFSL, Tirupathi, analyzed the viscera and issued report opining that no poison substance is found in the viscera. LW.17-

Scientific Officer, RFSL, Tirupathi, who analyzed and examined material objects and issued RFSL report opining that “items 1 to 9 are examined, Human blood is detected on items 1 to 3, 5, 7 and 9 (apparels of deceased, Banian, lungie, bed sheet, floor piece and Kadapa stone), but their blood group could not be determined; blood is not detected on item Nos.4, 6 & 8 which is received as control sample for items 5 and 7.”

Hence, accused Nos.1 and 2 have committed an offence and liable to be punished U/s 302 r/w.34 I.P.C. Hence, the charge.

3.The Court perused the material documents filed along with the charge sheet and took cognizance under Section 302 r/w.34 of Indian Penal Code against the accused. On 4 appearance, copies of all material documents were furnished to the accused as required under section 207 Cr.P.C.

4.The offence under sections 302 IPC is exclusively triable by the Court of

Sessions. Hence the case is committed to the Hon’ble Sessions Court.

5.In the result, case against the accused Nos.1 and 2 is committed to the Court of

Sessions Division, Ananthapuramu U/sec.209 (a) Cr.P.C. The accused have granted bail

by the Hon’ble IV Addl District & Sessions Judge-cum-Spl. Judge for trial of offences against women, Anantapuramu, vide Crl.M.P.No.10/2021, dt. 18-1-2021, shall continue on bail during and until the conclusion of trial before the Court of Sessions u/s.209 (b)

Cr.P.C. The case record and material objects if any shall be submitted to the Hon’ble

Court of Sessions u/s.209 (c) Cr.P.C. The accused when questioned stated that they have got means to engage counsel to defend them before Court of Sessions. The accused are directed to appear before Hon’ble Sessions Court, Ananthapuramu after receipt of summons.

Typed to my dictation, corrected and pronounced by me in the open Court, on this the 29th day of August, 2022.

Sd/- Smt. M.Siva Parvathi

JUDL. MAGISTRATE OF FIRST CLASS,

DHARMAVARAM.

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IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE,

DHARMAVARAM

Present : Smt. M.Siva Parvathi,

Additional Junior Civil Judge, Dharmavaram

(FAC) Prl. Junior Civil Judge, Dharmavaram

Wednesday, the 3 rd day of August, 2022

O.S.No.363 of 2021

Between :

S.Rajasekhar, S/o S.Nagabhushana, aged 30 years, Hindu, Business, Residing at D.No.18-500-2, Kurakula Veedhi, Dharmavaram Town, Anantapur Dist.… Plaintif

And

D.Naveen Kumar, S/o D.Subramanyam, aged 40 years, Hindu, Business, Residing at D.No.27-344, Durga Nagar, Dharmavaram Town, Anantapuramu District… Defendant

The suit is coming up before the court for final hearing on 29-7-2022 in the presence of Sri K.C.Chandra Mouli, Learned Counsel for the plaintiff and defendant called absent and remained exparte and on perusing the material available on record this Court delivered the following :-

JUDGMENT

The suit is filed by the plaintiff against the defendant for recovery of

Rs.42,750/- (Rupees Forty Two Thousand Seven Hundred and Fifty only) being the principal and interest due on promissory note dt. 21-09-2018, for subsequent interest and costs of the suit.

2.The case of the plaintif in nutshell is that :

On 21-09-2018 the defendant borrowed an amount of Rs.25,000/- from the plaintiff for his family necessities and executed demand promissory note in favour of the plaintiff agreeing to repay the same with interest at 24 % per annum. Later, in spite of repeated demands made by the plaintiff, the 2 defendant did not choose to pay either principal or interest due under the promissory note. The defendant is a Businessman and he is not an agriculturist and he is not entitled for the benefits under the A.P. Agricultural

Debt Relief Act. Hence, the plaintiff filed the suit.

3.Summons were served on the defendant, and he was called absent.

Hence, the defendant was set exparte on 3-1-2022.

4.On behalf of the plaintiff, the plaintiff himself examined as PW.1, Ex.A.1 was marked.

5.Heard counsel for plaintiff. Perused the material available on record.

6.Now, the point for consideration is :

Whether the plaintif is entitled for recovery of money as

prayed for ?

7.POINT :

In support of the contention of plaintiff, the plaintiff himself examined as PW.1, Ex.A.1 was marked on his behalf. Ex.A.1 is the original promissory note dt. 21-09-2018 executed by the defendant in favour of the plaintiff,

Ex.A.1 shows that the defendant borrowed an amount of Rs.25,000/- from the plaintiff on 21-09-2018. The evidence of PW.1 was not challenged by the defendant. The unchallenged evidence of PW.1 together with Ex.A.1 shows that the defendant borrowed amount of Rs.25,000/- from the plaintiff on 21-09-2018, later in spite of repeated demands made by the plaintiff, the defendant did not choose to pay either principal or interest. Since the defendant remained exparte and did not contest the suit, the plaintiff proved his case by examining himself as PW.1 and by marking Ex.A.1. Accordingly point is answered in favour of the plaintiff and against the defendant.

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8.In the result, the suit is decreed with costs in favour of the plaintiff against the defendant for a sum of Rs.42,750/- (Rupees Forty Two Thousand

Seven Hundred and Fifty only) with subsequent interest at 12 % per annum from the date of filing of the suit till the date of decree, thereafter at 6 % per annum from the date of decree till the date of realization on principal amount of Rs.25,000/-.

Directly typed to my dictation by the Stenographer, corrected and

pronounced by me in open court, on this the 3rd day of August, 2022.

Sd/- Smt. M.Siva Parvathi,

Addl. Junior Civil Judge, Dharmavaram (FAC) Prl. Junior Civil Judge, Dharmavaram

Appendix of Evidence

Witnesses examined for

Plaintif Defendant

PW.1 : S.Rajasekhar - None -

Exhibits marked for Plaintif

Ex.A.1 :Original promissory note executed by the defendant in favour of the plaintiff dt. 21-09-2018

Exhibits marked for Defendant

- NIL -

Id/- M.S.P., A.J.C.J., Dharmavaram

(FAC) P.J.C.J.,

Dharmavaram

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, DHARMAVARAM

Present: Smt. M.Siva Parvathi, Additional Junior Civil Judge, Dharmavaram, FAC of Principal Junior Civil Judge, Dharmavaram

Thursday, this the 28th day of July, 2022

ORIGINAL SUIT No. 103 of 2022

Between:-

Chennareddygari Srinivasa Reddy, S/o Krishna Reddy, Hindu, Aged about 51 years, Cultivation & Business, R/at Peddachigularevu (V), Mudigubba (M), Ananthapuramu District. … Plaintiff

and

Nalajala Thirupal, S/o N.Chinna Konappa, Hindu, Aged about 56 years, Business, R/at D.No.3-154, Ananthapuramu Road, Bathalapalli(V) & (M), Ananthapuramu District. … Defendant Suit for to pass a decree infavour of the plaintiff and against the defendant by directing the defendant to execute registered sale deed infavour of the plaintiff, after taking balance of sale consideration amount of Rs.10,20,000/- if he fails to do so the same may be done by court through process of law and award costs of the suit and grant such other relief or reliefs. This suit coming on this day before me in the presence of Sri D.Abdulla and Sri N.P.Sreenivasulu, Advocates for the plaintiff and Sri M.P.Subba Rao, Advocate for the defendant and having stood over for consideration till this day and this Court delivered the following:

J U D G M E N T

As per orders in IA No.473/2022, dated 28.7.2022 suit is advanced from 21.10.2022 to 28.7.2022. Counsel for the plaintiff filed a memo stating that defendant has paid agreement amount to the plaintiff. Plaintiff compromised the case as settled out of Court. Notice was given to the defendant counsel, he endorsed no objection. As both parties settled this matter out of Court. Same is recorded. Suit is dismissed as settled out of Court.

Pronounced by me in the open court on this the 28th day of July, 2022.

Sd/- M.Siva Parvathi,

Addl. Junior Civil Judge, Dharmavaram, FAC of Prl. Junior Civil Judge, Dharmavaram.

Appendix of evidence

-Nil- I/d M.S.P., A.J.C.J. FAC of P.J.C.J.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, DHARMAVARAM

Present: Smt. M.Siva Parvathi, Additional Junior Civil Judge, Dharmavaram, FAC of Principal Junior Civil Judge, Dharmavaram

Wednesday, this the 3rd day of August, 2022

ORIGINAL SUIT No. 111 of 2019

Between:-

M.Nagaraju, S/o Narayanappa, Aged about 53 years, Hindu, Business, Residing at Madhava Nagar, Dharmavaram. … Plaintiff

and

Mamillapalli Narayana, S/o M.Pedda Lingappa, Aged about 60 years, Hindu, Agriculturist, Upparavandla Kottala Village, H/o Nagasamudram Village, Chennekothapalli Mandal. … Defendant

Suit to pass a decree infavour of the plaintiff against the defendant directing the defendant to execute the regular registered conveyance infavour of the plaintiff as per terms of the agreement dated 25.6.2016 and grant such other relief and costs.

This suit coming on this day before me in the presence of Sri D.Visweswara Rao, Sri D.Vijaya Raghavendra, Smt J.Sumalatha and Sri R.Veeranjaneyulu, Advocates for the plaintiff and Sri P.Lakshminarayna, Advocate for the defendant and having stood over for consideration till this day and this Court delivered the following:

J U D G M E N T

As per orders in IA No.480/2022, dated 3.8.2022 suit is advanced from 13.10.2022 to 3.8.2022. Counsel for the plaintiff filed a memo stating that suit was settled out of Court in the presence of elders. Same may be recorded. Suit may be dismissed as not pressed. Notice was given to other side, he endorsed no objection. Same is recorded. Suit is dismissed as settled out of Court.

Pronounced by me in the open court on this the 3rd day of August, 2022.

Sd/- M.Siva Parvathi,

Addl. Junior Civil Judge, Dharmavaram, FAC of Prl. Junior Civil Judge, Dharmavaram.

Appendix of evidence

-Nil-

I/d M.S.P., A.J.C.J. FAC of P.J.C.J.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, DHARMAVARAM

Present: Smt. M.Siva Parvathi, Additional Junior Civil Judge, Dharmavaram, FAC of Principal Junior Civil Judge, Dharmavaram

Wednesday, this the 3rd day of August, 2022

ORIGINAL SUIT No. 115 of 2019

Between:-

M.Nagaraju, S/o Narayanappa, Aged about 53 years, Hindu, Business, Residing at Madhava Nagar, Dharmavaram. … Plaintiff

and

Mamillapalli Pothalaiah, S/o M.Lingappa, Aged about 63 years, Hindu, Agriculturist, Upparavandla Kottala Village, H/o Nagasamudram Village, Chennekothapalli Mandal. … Defendant

Suit to pass a decree infavour of the plaintiff against the defendant directing the defendant to execute the regular registered conveyance infavour of the plaintiff as per terms of the agreement dated 5.2.2014 and grant such other relief and costs.

This suit coming on this day before me in the presence of Sri D.Visweswara Rao, Sri D.Vijaya Raghavendra, Smt J.Sumalatha and Sri R.Veeranjaneyulu, Advocates for the plaintiff and Sri P.Lakshminarayna, Advocate for the defendant and having stood over for consideration till this day and this Court delivered the following:

J U D G M E N T

As per orders in IA No.484/2022, dated 3.8.2022 suit is advanced from 13.10.2022 to 3.8.2022. Counsel for the plaintiff filed a memo stating that suit was settled out of Court in the presence of elders. Same may be recorded. Suit may be dismissed as not pressed. Notice was given to other side, he endorsed no objection. Same is recorded. Suit is dismissed as settled out of Court.

Pronounced by me in the open court on this the 3rd day of August, 2022.

Sd/- M.Siva Parvathi,

Addl. Junior Civil Judge, Dharmavaram, FAC of Prl. Junior Civil Judge, Dharmavaram.

Appendix of evidence

-Nil-

I/d M.S.P., A.J.C.J. FAC of P.J.C.J.