S.C.No.171/2021.

IN THE COURT OF THE ASSISTANT SESSIONS JUDGE ZAHEERABAD :: MEDAK

DISTRICT.

PRESENT: D. DURGA PRASAD

MA.,MHRM,PGDCL.,LLM
ASSISTANT SESSIONS JUDGE, ZAHEERABAD

Monday this the 3rd day of January, 2022.

S.C.No. 171/2021

PRC., Cr. No. & P.S :PRC.No.14/2020, Cr.No.56/2019 of PS.Manoor.

Case Committed By :Ms. Priyanka Sircilla, Judicial Magistrate of First

Class, Narayankhed.

Name of the accused : A1: Morgi @ Methri Sukumar S/o Methri Ramulu
@ Ramaiah, age: 35 yrs, Caste: SC madiga, Occ:
Agri., R/o H.No. 4-24/54 Devanpalle, Kamareddy
Nizamabad District, Cell No.9849 384048.

A2: Abbenda Poul @ Paulu @ Abbendha Pavan S/o

Abbendha China Peeriah, age: 19 yrs, Caste: SC
madiga, Occ: Coolie, R/o H.NO. 3-25/2 Ranapur
village of Manoor Mandal, Sangareddy.

A5: Abenda David S/o Sanjivulu, age:28 yrs, Caste:

SC madiga, Occ: Agriculture, R/o H.No. 3-35
Ranapurvillage of Manoor mandal, Sangareddy Cell
No. 955 0299 060.

A6: Abenda Danial S/o Sanjeev, age: 20 yrs, Caste:

SC madiga, Occ: Agriculture, R/o H.No. 3-35
Ranapur village of Manoor mandal Sangareddy,
Cell No. 9550 299 060.

A7: Abbendha Vennelamma W/o Abbendha China

Peeraiah, age: 39 yrs, Caste: SC madiga, Occ:
Agriculture, R/o H.No. 3-25/2 Ranapur village, of
Manoor Mandal, Cell No. 99088 96126.

A8: Abbendha China Peeriah S/o Abbenda Nagaiah,

age: 42 yrs, Caste: Madiga, Occ: Agriculture, R/o:
H.No. 3-25/2 Ranapur village of Manoor Mandal,
Cell No. 99088 96126.

A9: Abenda @ methri Pentamma W/o Methri

Ramulu, age: 50 yrs, Caste: SC Madiga, Occ:
Agriculture, R/o H.No. 4-24/54/6 Beerappa colony,
Devanpally Nizambad.

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 S.C.No.171/2021.
A10: Abenda Sanjivulu @ Sanjevlu @ Sanjivaiah
S/o Nagaiah, age: 45 yrs, Caste:SC Madiga, Occ:
Agriculture, R/o H.No. 3-35 Ranapur village of
Manoor Mandal, Sangareddy, Cell No. 9550
299060.

A11: Abenda Nagamma @ Nagamani W/o Sanjeev,

age:41yrs, Caste:SC Madiga, Occ: Agriculture, R/o
H.No. 5-6-211 NGO colony Kamareddy, Nizamabad
district, and present residing at Ranapur village of
Manoor Mandal.

A12: Kurri Ravi S/o Ganibu Nagaiah, age:30 yrs,

Caste: SC Madiga, Occ: Agriculture, R/o H.No.5-6-
399 Kamareddy, Nizamabad District.

offence of charge : U/secs. 147, 148, 452, 307 r/w 149 of IPC.

Plea of accused : Pleaded not guilty.

Finding of the Court : Found not guilty.

Sentence of order : In the result A1, A2 and A5 to A12 are found

not guilty for the offence charge under section 147, 148,
452, 307 r/w 149 of IPC and thus all the accused are
acquitted for the same under section 235(1) CrPC. The
bail bonds of all the accused shall stand cancelled. The
case property sticks vide MO1, Rods (3) vide MO2 shall
be destroyed after the appeal time is over.

Prosecution conducted by :Sri. Solomon, Additional Public Prosecutor.

Accused defended by :Learned counsel Sri. S. Chandra Shaker Patil.

________________________________________________________________
_

This case is coming on this day before me for final hearing in the presence
of learned Addl.P.P., and of Sri. S.Chandra Shaker Patil learned advocate, for all
the accused, and upon hearing both sides, and upon considering all the material
papers and documents on record, this court delivered the following.

JUDGMENT
The sub-Inspector of Police, PS. Manoor, has filed charge sheet against all

the accused for the offence under sections.147, 148, 452, 307 r/w 149 IPC.

CASE OF THE PROSECUTION:-

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1. The brief averments of the prosecution are that on 27-12-2019 at about

02:00 hours the HC.20 Sri. SD Sikander of PS.Manoor came to Manoor PS and

submitted a statement of victim by namely Sri. Morgi Yevan S/o Sanjivulu,

age:25yrs, Caste: SC madiga, OcC: Auto Driver, R/o Ranapur village of Manoor

mandal, sangareddy District Cell No.83093 00303, recorded by the HC.20 Sri.SD

Sikander of PS Manoor on 26-12-2019 at 23:00 hours government hospital at

Narayankhed in which the victim stated that his name is Morgi Yevan son of

Sanjivulu, native village of Ranapur of Manoor mandal, and working as a driver.

On 26-12-2019 at night at around 21:00 hours while he was had dinner in his

home along with his mother M. Satyamma, his brother Prashanth, mean time his

casters of same village by namely 1. Morgi Sukumar S/o Ramaiah 2. Abbenda

Poul S/o Peeraiah, 3. Abbenda Jabili S/o Peeraiah, 4. Abbenda Jon S/o Peeriah,

5. Abbenda David S/o Sanjivulu 6. Abbenda Daniyal S/o Sanjivulu Abbenda

Vennelamma W/o Peeriah, 8. Abbenda Peeraiah S/o Nagaiah, Abbenda Pentamma

W/o Ramaiah. 10. Abbenda Sanjivulu s/o Nagaiah, 11. Nagamma W/o Sanjivulu,

all are residence of village Ranapur and another 12. Ravi is belongs to Chalki

village, and some of others criminally trespassed into his house by keeping

previous enmity in their mind abused in filthy language, attacked by iron rods

and sticks to him and his mother Satyamma, and his brother Parshanth and they

tried to attempt to commit murder them due to which he got blood injury on his

head, and his mother Satyamma got blood injuries on her both hands, and his

brother parshan got injuries on both legs. At that time of incident his grand

father Peeraiah, grand mother Ratnamma came on the spot, them also beaten by

the respondents by sticks and rods in which his grandfather got blood injuries on

his legs, and head, grandmother got blood injuries on her left hand, his father in-

law yesaiah, mother in-law Bujjamma and brother in-law Sreekanth also came on

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crime scene they also beaten by the respondents due to which his mother in-law

got injury on left thigh and right hand, his brother in law got blood injury on his

left leg, and father in law got blood injuries on his both hands, due to blood

injuries they went to government hospital Narayankhed for treatment.

2. Basing on the report Lw-20 PS. Manoor registered a case in

Crime No. 56/2019, U/secs. 147, 148, 452, 307 r/w 149 of IPC and took up the

investigation.

3. During the course of investigation into this case on 11-02-2020 he

collected the bonafide of the accused A2 and the JCL No.4 from the head master

i.e.LW16 of MPPS Ranapur village. As per the bonafide certificate the age of A2

is 19 years running, the ages of JCL3, JCL4 were under the 18 years. During the

course of investigation into this case on 12-02-2020 proceeded to village of Kalher

and visited the SC boys hostel checked the attendance register of students of

hostel in the presence of LW17 on the date of 26-12-2019 at 21:00 hours, where

in the register found the JCL No.4 was present in the hostel, and also examined

the hostel warden and recorded his detailed statement in part-II CD, obtained the

attendance certificate of JCL4. As per the attendance certificate, statement of

warden the JCL No.4 is not involved in this offence. On 20-02-2020 during part of

investigation visited the Ranapur village and where examined the eye witness i.e.

LW13 to 15, and recorded their detailed statements in part-II CDs, wherein they

stated that except the JCL No.3 and 4, the alleged accused A1, A2, A5 to A12

were intentionally criminally trespassed into the house of the complainant and

attacked over the complainants family members and attempt to commit murder by

iron and sticks by keeping previous land disputes in their mind. On 25-05-2020

collected the Medical certificates of injured persons i.e.LW1 and the LW4 to 10

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from the Medical officer LW18 in which the medical officer opined that the

injuries of LW1 and LW4 to 10 are simple in nature.

4. While the investigation is on progress on 10.02.2020 at 09:00 hours, the

Lw-20 along with men visited the house of accused of Ranapur village and

apprehended the accused persons A1, A5, A7 to A11 at 09:30 hrs interrogated

them thoroughly. on interrogation the accused A1, A5, A7 to All voluntarily

admitted their guilty of offence. Hence brought them to PS at 10:00 hrs and

effected their arrest at 10:30 hrs by issuing arrest memos duly informing the

grounds of arrest as per notice U/s 50 A & 50 Cr. P.C and produce them before

the court under the escort PC 2100, 1179. of Manoor PS, and WHG.57 of

Narayankhed P.S. During course of investigation into this case on 11.02.2020 the

collected the bonafieds of the accused A2 and the JCL No.3 & JCL No.4 from the

head master le the Lw-16 of MPPS Ranapur village. As per the bonafied certificate

the age of A2 is 19 years running, the ages of JCL3, JCL4 were under the 18

years. During the course of investigation into this case on 12.02.2020 proceeded to

village of kather and visited SC boys hostel checked the attendance register of

students of hostel in the presence of the Lw-17 on the date of 26.012.2019 at

2100hrs, wherein in the register found the JCL No. 4 was present in the hostel,

and also examined the hostel warden and recorded his detailed statement in part

1 CD, obtained the attendance certificate of JCL4. As per the attendance

certificate, statement of warden the JCL No.4 is not involved in this offence. On

25.05.2020 collected the Medical certificates of injured persons ce Lw-01, and the

Lw-04 to 10 from the Medical officer the Lw-18 in which the medical officer

opined that the injuries of the Lw-01, and the Lw-04 to 10 are "Simple in nature.

While investigation in progress on 17.06.2020 the A6 & A12 both were got

anticipate bail vide Crl.M.P.NO, 91 of 2020, dated on 02.06.2020, as per the

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conditions the accused submitted the bail bond for Rs. 10,000/- with two sureties

each for Rs. 10,000/-.

5. While the investigation is on progress, on 17.06.2020 at 08:00 hours: the

Lw 20 along with men visited the house of accused at Ranapur village and

apprehended the accused persons A2 and interrogated him thoroughly, on

interrogation the accused A2 voluntarily admitted his guilty of offence, the tw 20

conducted the confession cum-seizer panchanama at 09:00hrs in the presence of

the same scene cum seizere panchnama the Lw-11 & 12, and seized the crime

weapon Le one sick, details incorporated in confession cum seized panchanama,

later brought the A2 to P.S effected his arrest at 10:00 hrs by issuing arrest memo

duly informing the grounds of arrest as per notice u/s 50-A & 50 Cr.P.C and

produced before magistrate under the escort PC.1179, 2100.Lw-20 deposited the

seized property i.e. 7 sticks, 3 iron rods before the Hon'ble court vide CPR

No64/15/2020, Dated:9/9/2020. After completion of Investigation he filed the

charge sheet.

6. The case was taken on file U/secs.147, 148, 452, 307 r/w 149 of IPC

against all the accused by the committal court.

7. On appearance of all the accused, copies of the documents were furnished

to him U/s.207 Cr.P.C. Subsequently on perusal of the record, the committal court

committed the case to the Court of sessions, and in turn, this case is made over to

this Court for disposal according to law.

8. On appearance of all the accused before this court, all the accused are

examined U/s.228 Cr.P.C., for which they denied the offence, and upon

consideration charge 147, 148, 452, 307 r/w 149 of IPC has been framed, read

over and explained to all the accused in his own language, for which, they denied

the charge, pleaded not guilty, and claimed to be tried as per law.

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9. During the course of trial, the prosecution examined PW1 to PW15 of

which PW1.Sri.Morgi Yevan is the complainant and injured, PW2.Sri.Sonnaila is the

Eye witness, PW3.Smt.Morgi Satyamma is the Eye witness and injured and mother

of LW1, PW4.Sri.Morgi Prashant is the eye witness injured and brother of LW1,

PW5.Sri.Abbenda Peeriaih is the Eye witness injured and brother of LW1, PW6.

Smt. Abbenda Ratnamma is the Eye witness injred and grandmother of LW1, PW7.

Sri.Abbenda Yesaiah is the Eye witness injured and maternal uncle of LW1,

PW8.Smt.Abbenda Bujjamma is the Eye witness injured and mother in laws of

LW1, PW9.Sri.Abbenda Srikanth is the Eye witness injured and mother in law of

LW1, PW10 Sri. Ahmed Hussain and PW11 Sri.Pantulu Gorak Rao are the panch

for scene cum seizure panchanama and rough sketch and confession cum seiuzre

panchanama of A2, PW12 Sri. Yembadi Ramreddy PW13.Sri.Jumpala Jaipal and

PW14. Sri.Begari Ramaiah are Eye witness, PW15.G. Narender is the examined the

statement of LW1.

10. The prosecution also relied on Ex.P1 to P10 of which Ex.P1 is the

complainant, Ex.P2 is the scene of offence cum seizure panchanama, Ex.P3 is the

rough sketch, Ex.P4 is confession cum seizure panchanama, Ex.P5 is FIR, Ex.P6 to

P8 are Bonafied certificates, Ex.P9 to P15 are medical certificates.

11. After closure of the prosecution evidence, all the accused are examined

U/s.313 Cr.P.C. The incriminating evidence and the circumstances that appeared

against them in the prosecution evidence is read over and explained to all the

accused and they denied the same and submitted that they have no defence witness

and no exhibits were marked on their behalf.

12. Heard the learned Addl. P.P. and the counsel for all the accused.
Perused the record.

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13. Now the points that arises for determination are that:-
1. Now the point for determination is whether the prosecution is able to
prove the guilty of all the accused beyond all the reasonable doubt for offences
U/secs.147, 148, 452, 307 r/w 149 of IPC

2. Whether the prosecution proved the guilty of the accused herein beyond
all reasonable doubt?

PROSECUTION WITNESS EXAMINED:-

14. Pw10 and 11 testified that Police conducted scene of offence cum

seizure panchanama along with rough sketch about one years back at ranapur and

seized sticks, rods in their presence and that they attested the same. They signed

on Ex.P2 is the scene of offence cum seizure panchanama, Ex.P3 is the rough

sketch and MO1 sticks (7) MO2 rods(3) . They further stated that Police also

conducted confession cum seizure panchanama and seized the stick in their

presence and that the accused admitted guilty in their presence. Ex.P4 is confession

cum seizure panchanama.

15. Pw15 who is the investigating officer stated that he examined Pw1 at

police station, and examined other witness at hospital, SangaReddy, went to the

scene of offence and conducted CDF in the presence of mediators and seized

knife ,sent the injured to the hospital, A6 and A12 obtained anticipatory bail, sent

the remaining accused to the court for remand and then after completion of

investigation,I filed the charge sheet after receiving all relevant documents and

after altering the sections.

POINT No.1 and 2:-

16. The prosecution to prove its case has examined PW1 to PW15 and the

learned APP has given up LW3 P. Nagaiah who is the Eye witness LW16 L.Pandith

who is the head master, LW17 P. Kishan who is the hostel warden,

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LW18.S.Ramakrishna Raju who treated all the injured, LW19.SD.Sikander who

examined and recorded the statement of LW1.

17. PW1 is the defacto complainant who has moved the law into motion by

way of giving report vide Ex.P1 which is registered as Ex.P5 FIR. Surprisingly,

PW1 along with other material witness PW2 to 9, PW12 to 14 has stated that they

do not want to proceed with the case as the matter is compromised among them.

As such there is no averment against all the accused for the offence charged

through the mouth of Pw1 to 9 and Pw12 to 14.

18. It is the version of PW15 who is the investigating officer that he

examined PW1 and the police station and examined other witness at the hospital,

Sangareddy and then went to the scene of offence and conducted CDF in the

presence of mediators, seized the knife and send the injured to the hospital. A6

and A12 obtained anticipatory bail and he send the remaining accused to the

remand and then up to complete investigation after he filed the charge sheet. The

learned APP has got marked Ex.P6 to P8 are Bonafide certificates, Ex.P9 to P15

are medical certificates through Pw15.

19. PW10 and 11 are the panch witness for the scene of offence cum

seizure panchanama. In order to prove and establish that PW15 has been to the

scene of offence and conducted panchanama, PW10 and 11 lends assurance to the

evidence of Pw15 who stated that police conducted the scene of offence cum

seizure panchanama along with the rough sketch vide Ex.P2 is the scene of offence

cum seizure panchanama Ex.P3 is the rough sketch about one year back at Ranapur

and seized the sticks, rods in their presence and that they have attested the same.

PW10 and 11 further stated that police conducted confession cum seizure

panchanama and seized the stick their presence and that accused admitted guilty in

their presence. So the vital document to prove the offence against the accused is

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Ex.P4 but surprisingly there is no averment or whisper in Ex.P4 that the accused

has given confession voluntarily. Though nothing contra is elicited from the

testimony of PW10 and 11 except mere suggestion that Ex.P2 to P4 are not

conducted in their presence, yet there is no averment mentioned in Ex.P4 that the

accused has given confession voluntarily and even the material witness including

PW1 who has moved the law into motion and Pw2 to 9 and Pw12 to 14 has not

whispered or stated any thing against the accused.

20. From the above discussion, the prosecution utterly failed to prove and

establish the accusation against A1, A2, A5 to A12 and thus they are entitled for

acquittal.

21. In the result A1, A2 and A5 to A12 are found not guilty for the offence

charge under section 147, 148, 452, 307 r/w 149 of IPC and thus all the accused

are acquitted for the same under section 235(1) CrPC. The bail bonds of all the

accused shall stand cancelled. The case property sticks vide MO1, Rods (3) vide

MO2 shall be destroyed after the appeal time is over.

(Dictated to Stenographer, on computer, corrected and pronounced by me in

open court on this the 3rd day of January, 2022)

ASSISTANT SESSIONS JUDGE,

ZAHEERABAD.

APPENDIX OF EVIDENCE:
WITNESSES EXAMINED FOR

For Prosecution: For Defence: NIL

1. PW1.Sri.Morgi Yevan

2. PW2.Sri.Sonnaila

3. PW3.Smt.Morgi Satyamma

4. PW4.Sri.Morgi Prashant

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5. PW5.Sri.Abbenda Peeriaih

6. PW6. Smt. Abbenda Ratnamma

7. PW7. Sri.Abbenda Yesaiah

8. PW8.Smt.Abbenda Bujjamma

9. PW9.Sri.Abbenda Srikanth

10. PW10 Sri. Ahmed Hussain

11. PW11 Sri.Pantulu Gorak Rao

12. PW12 Sri. Yembadi Ramreddy

13. PW13.Sri.Jumpala Jaipal

14. PW14. Sri.Begari Ramaiah

15. PW15.G. Narender

EXHIBITS MARKED:

For Prosecution: For Defence: NIL

1. Ex.P1 is the complainant,
2. Ex.P2 is the scene of offence cum seizure panchanama,
3. Ex.P3 is the rough sketch,
4. Ex.P4 is confession cum seizure panchanama,
5. Ex.P5 is FIR,
6. Ex.P6 to P8 are Bonafied certificates,
7. Ex.P9 to P15 are medical certificates.

MATERIAL OBJECTS
1. MO1 Sticks (7)

2. MO2 Rods (3)

ASSISTANT SESSIONS JUDGE,

ZAHEERABAD.

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