Page 1 of 11 in Fair Judgment in S.C.No.157/2015 dt.

08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

// CALENDAR //

IN THE COURT OF THE ASSISTANT SESSIONS JUDGE AT CHODAVARAM

PRESENT : Sri P.R. RAJEEV,

ASSISTANT SESSIONS JUDGE,
CHODAVARAM.

MONDAY, THIS THE 8th DAY OF JULY, 2019

SESSIONS CASE No. 157/2015

(P.R.C.No.20/2015 ON THE FILE OF

JUDICIAL FIRST CLASS MAGISTRATE,
PADERU
IN
CR.NO.101/2014 OF
G. MADUGULA
POLICE STATION)

Name of the State Represented by the Sub Inspector of Police,

Complainant G.Madugula Police Station.

Name of the 1. Korabu Prasad, S/o Lakshmam Padal, Age 20 years, Bhagata,
Accused Cultivation, Bondapalli Village, Luvvasingi Panchayat, G.Madugula
Mandal, Visakhapatnam District.

2.Korabu Veerannapadal, S/o Lakshmam Padal, Age 28 years, Bhagata,

Cultivation, Bondapalli Village, Luvvasingi Panchayat, G.Madugula
Mandal, Visakhapatnam District.

3. Korabu Chinnayyapadal, S/o Lakshmam Padal, Age 33 years,

Bhagata, Cultivation, Bondapalli Village, Luvvasingi Panchayat,
G.Madugula Mandal, Visakhapatnam District.

4. Korabu Satyanarayana, S/o Lakshmam Padal, Age 24 years, Bhagata,

Cultivation, Bondapalli Village, Luvvasingi Panchayat, G.Madugula
Mandal, Visakhapatnam District.

01. Date of Offence 01-12-2014

02. Date of Complaint 02-12-2014
03. Date of Apprehension of Accused 11-12-2014
04. Whether the Accused are in jail or on bail On bail
05. Date of Commitment 14-08-2015
06. Date of commencement of trial 25-06-2019
07. Date of closing of trial 28-06-2019
08. Date of Sentence or Order 08-07-2019

09. Explanation for delay :

a) In the Committal Court : Vide separate docket extract is

herewith enclosed.
 Page 2 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

b) In this Court : The trial in this case was commenced on

25-06-2019. Arguments heard on 05-07-2019
and the Judgment is pronounced on 08-07-2019.
The delay is explained as under:

In this case prosecution got examined PWs.1 to PW.6. Ex.P1 to Ex.P.13

documents and Mos 1 and 2 marked. The witnesses examined in this case are

residents of Bondapalli Village, but some of them are residents of various other places.

The prosecution taken several adjournments to produce witnesses. Hence, there is

delay in disposal of the case.

RESULT:-
Accordingly, Accused 1 to 4 are found not guilty for the offence Under Section

307 r/w 34 of IPC. Accordingly, they are acquitted Under Section 235(1) Cr.P.C for the

said offence.

The bail bonds of the Accused shall stands cancelled after expiry of the period

of 6 months from the date of the Judgment as per Section 437-A of amended Cr.P.C.

M.Os.1 and 2 Knives shall be destroyed after appeal time is over.

Assistant Sessions Judge

Chodavaram
 Page 3 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

IN THE COURT OF THE ASSISTANT SESSIONS JUDGE AT CHODAVARAM

PRESENT : Sri. P.R. RAJEEV,

ASSISTANT SESSIONS JUDGE,
CHODAVARAM.

MONDAY, THIS THE 8th DAY OF JULY, 2019

SESSIONS CASE No. 157/2015

(P.R.C.No.20/2015 ON THE FILE OF

JUDICIAL FIRST CLASS MAGISTRATE,
PADERU
IN
CR.NO.101/2014 OF
G. MADUGULA
POLICE STATION)

Name of the State Represented by the Sub Inspector of Police,

Complainant G.Madugula Police Station.

Name of the 1. Korabu Prasad, S/o Lakshmam Padal, Age 20 years, Bhagata,
Accused Cultivation, Bondapalli Village, Luvvasingi Panchayat, G.Madugula
Mandal, Visakhapatnam District.

2.Korabu Veerannapadal, S/o Lakshmam Padal, Age 28 years, Bhagata,

Cultivation, Bondapalli Village, Luvvasingi Panchayat, G.Madugula
Mandal, Visakhapatnam District.

3. Korabu Chinnayyapadal, S/o Lakshmam Padal, Age 33 years,

Bhagata, Cultivation, Bondapalli Village, Luvvasingi Panchayat,
G.Madugula Mandal, Visakhapatnam District.

4. Korabu Satyanarayana, S/o Lakshmam Padal, Age 24 years, Bhagata,

Cultivation, Bondapalli Village, Luvvasingi Panchayat, G.Madugula
Mandal, Visakhapatnam District.

Charges Under Section 307 r/w 34 of IPC against the Accused.

Plea of Accused Pleaded Not Guilty

Finding of the Found Not Guilty

Judge
 Page 4 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

Sentence or
Order Accordingly, Accused 1 to 4 are found not guilty for the offence

Under Section 307 r/w 34 of IPC. Accordingly, they are acquitted

Under Section 235(1) Cr.P.C for the said offence.

The bail bonds of the Accused shall stands cancelled after

expiry of the period of 6 months from the date of the Judgment as

per Section 437-A of amended Cr.P.C.

M.Os.1 and 2 Knives shall be destroyed after appeal time is

over.
Prosecution Smt. G. Krishna Veni,
conducted by Additional Public Prosecutor,
Assistant Sessions Judge's Court,
Chodavaram.

Accused is Sri K. Bhaskar Das,

defended by Advocate for Accused,
Chodavaram.

This case is coming before me for final hearing on 05-07-2019 in the

presence of Learned Additional Public Prosecutor for the prosecution and of Sri
K.Bhaskar Das, Advocate for the Accused upon perusing on material facts on
record upon hearing the arguments for stood over for consideration till this day
this Court delivered the following:-
JUDGMENT
1. The Sub Inspector of Police, G.Madugula Police Station has filed charge sheet

against the Accused 1 to 4 for the offence punishable Under Section 307 r/w 34 of

IPC in Cr.No.101/2014 of G.Madugula Police Station.

2. The brief averments of the charge sheet are in brief:

On 01-12-2014 at about 03-00 PM Pw-2 and Pw-3 Nurmani Bonjunaidu and Nurmani

Bodemnaidu went to Venchebu in order to connect the electrical wires between

Venchebu to Chuttuputtu which were disconnected due to heavy rain and after

attending the work they were returning in the motor cycle of Korabu Sanjeevirao

(Lw-8) along with him then A-1 asked them to give him lift. Then they informed it is not
 Page 5 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

possible to give lift to A-1 as already 3 persons are in the motorcycle. Then A-1 stated

Pws 2 and 3 to see their end. At about 7-00 PM after Pw-1 taking meals came out of

his house at that time A-1 to A-4 who are having knives attacked Pw-3 and stabbed on

his left side of stomach, right upper arm and when he raised cries on hearing the same

when Pw-2 and Karabu Sanjeevirao (Lw-8) came to his rescue accused stabbed Pw-2

with a knife on his stomach, resulting bleeding injury. On hearing the cries of Pw-2

Nurmani Bonjunaidu, Karabu Sanyasi padal, Karabu Chantibabu, Korabu

Ramannapadal (Lws 5 to 7) came there and shifted Pws 2 and 3 to hospital for

treatment to Paderu hospital for treatment and there from to KGH, Visakhapatnam'.

Upon the statement given by Pw-1 Nurmani Rajamnaidu the Investigating

Officer registered the same as a case in Cr.No.101/2014 Under Section 307 r/w 34 of

IPC and investigated into. During the course of investigation, the Investigating Officer

visited the scene of offence, examined the witnesses and prepared rough sketch. On

11-12-2014 the accused were arrested and seized knives under cover of mediators

report and in the presence of Pw-5 Killo Rikmini and Korabu Sanyasi padal. Hence,

the charge.

3. This case was taken on file for the offence Under Section 307 r/w 34 of IPC

against the Accused and numbered as P.R.C. 20/2015 on the file of Judicial First Class

Magistrate, Paderu and summons were issued against the Accused.

4. On appearance of the Accused the case copies were furnished to them as per

Section 207 of Cr.P.C and case was committed to the Hon'ble Court of Sessions at

Visakhapatnam as per Section 209 of Cr.P.C.

5. The Hon’ble Court of Sessions, Visakhapatnam registered the same as

S.C.No.157/2015 for the said offence against the Accused and made over to this Court

for disposal according to law vide order dated 26-10-2015.

6. After receiving the case on record from the file of Hon'ble Court of Sessions,

Visakhapatnam to the file of this Court summons were issued against the Accused.
 Page 6 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

7. On appearance of the Accused heard on charges. The charges Under Section

307 r/w 34 of IPC has been framed read over and explained to them in Telugu for

which they denied and pleaded not guilty and claimed to be tried.

8. In order to substantiate the case of the prosecution on behalf of prosecution

Pws 1 to 6 examined and got marked Ex.P.1 to P.13 and M.Os 1 and 2. Prosecution

has given up the evidence of Lw-4 Jarsingi Krishna Rao, Lw-5 Korabu Sanyasi padal,

Lw-6 Korabu Chanti Babu @ Chanti, Lw-7 Korabu Ramannapadal, Lw-8 Korabu

Sanjeevirao,Lw-9 Busari Chiranjeevi, Lw-10 Nurmani Balamnaidu, Lw-11 Muvvala

Sanyasayya, Lw-12 Vandlabu Simhachalam, Lw-15 Kondapalli Satyanarayana and

Lw-16 G. Dharaneetha and prosecution evidence is closed.

9. The Accused were examined Under Section 313 of Cr.P.C, with regard to the

incriminating material evidence available in the evidence of prosecution against the

Accused for which they denied and reported no defence evidence.

10. Heard in view of the contention put forth by Learned Additional Public

Prosecutor and learned counsel for accused now the point for determination is :

1) Whether the prosecution able to establish the guilt of the accused

Under Section 307 r/w 34 of IPC?

11. The prosecution in order to bring home the guilty of accused examined P.Ws. 1

to 6 and got marked Exs. P.1 to P.13 and MOs 1 and 2.

Pw-1 Nurmani Rajam Naidu

Pw-2 Nurmani Bonju Naidu
Pw-3 Nurmani Bodem Naidu
Pw-4 Korabu Chittipadal
Pw-5 Killo Rikmini
Pw-6 D. Sekharam

Ex.P.1 is signature of Pw-1 in complaint dated.02-12-2014

Ex.P.2 is 161 statement of Pw-1 Nurmani Rajam Naidu
Ex.P.3 is 161 statement of Pw-2 Nurmani Bonju Naidu
Ex.P.4 is 161 statement of Pw-3 Nurmani Bodem Naidu
Ex.P.5 is 161 statement of Pw-4 on scene observation report
Ex.P.6 is Mediators report dated 11-12-2014
Ex.P.7 is Written report given by Pw-1 dated 02-12-2014
Ex.P.8 is Original First Information Report dated 02-12-2014
Ex.P.9 is Scene observation report prepared by Pw-6 dated 03-12-2014
 Page 7 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

Ex.P.10 is Rough sketch prepared by Pw-6

Ex.P.11 is Letter of advise
Ex.P.12 is wound certificate of N. Bonju Naidu
Ex.P.13 is wound certificate of N. Bodem Naidu

M.O.1 is Knife
M.O.2 is Knife

POINT:

12. The prosecution mainly relied upon the testimony of Pws-1 to 3 with regard to

the incident out of which Pw-1 is the Defacto-Complainant, Pws 2 and 3 are the

injured witnesses to the incident. Pws 4 and 5 to speak about their presence at the

time police observe the scene of offence and also arrest of the accused and seizure of

the crime weapon and under cover of observation and mediator report dated 1-12-

2014 Pw-6 is the Investigating Officer.

13. On scrutiny of testimony of Pw-1 stated that the incident took place at about 5

years ago on the said date Pw-2 fallen down from a tree and sustained injury and on

seeing the same his another brother Pw-3 went to his rescue and he also fell down

and sustained injury. Immediately he shifted his brother Pws 2 and 3 to G.Madugula

for treatment and there from to K.G.H, Visakhapatnam. Subsequently some of his

villagers obtained his signature on a written paper and presented the same paper

before the police. Pw-1 identified his signature in the said report which is marked as

Ex.P.1. Pw-1 stated he do not know the contents of the written report in which he

signed on it. Pws 2 and 3 stated that when Pw-3 fell down from a tree Pw-2 went to

rescue him on that they both fell down and coming between into contact with a sharp

object they both sustained bleeding injuries. Later they were shifted to hospital for

treatment. Pws 1 to 3 stated they were never examined by the police. It is clear from

the evidence of testimony of Pw-3 they are all interrelated to each other. Pws 2 and 3

sustained injuries and the injuries are also corroborating with that of their wound

certificates which are marked as Ex.P.12 and Ex.P.13 respectively. As far as the

injuries are sustained by Pws 2 and 3 are concerned they have specifically stated they
 Page 8 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

received those injuries when they fall from a tree by coming into a contact with sharp

object. Whereas the case of prosecution with regard to the injuries sustained by Pws 2

and 3 are contradicting. On perusal of the written report in which Pw-1 admitted his

signature and the same was marked through the Investigating Officer Pw-6 as Ex.P.7,

the version placed by Pw-1 with regard to the injuries sustained by the Pws 2 and 3 is

totally contradicting with that of the version placed by Pws 1 to 3 before the court.

When Pw-1 stated that his signature was obtained on the written report by the

villagers but the evidence of Investigating Officer Pw-6 contradicts that Pw-1

approached the Investigating Officer on 02-12-2014 and presented the said report.

The injuries sustained by Pws 2 and 3 during the incident as per Ex.P.12 and P.13

wound certificates are contradicting with that of their version before the court. Pws 1 to

3 failed to whisper anything about the role of the accused with regard to the injuries

sustained by Pws 2 and 3. The prosecution though cross examined Pws-1 to 3 after

the witnesses resailed their version before the court but nothing could elicit during their

cross examination to convince the case of the prosecution. The material witnesses to

the case of the prosecution who are Pws 1 to 3 failed to support the story of

prosecution.

14. The evidence of Pw-4 shows at any point of time he never acted as a witness at

the request of the police when police observed the scene of offence. Pw-4 identified

his signature in scene observation report dated 03-12-2014 which is marked as Ex.P.5.

Pw-5 stated that he do not know the contents of the scene observation report dated

03-12-2014. Pw-5 who is the then VRO, G.Madugula stated that on 11-12-2014 at the

request of G.Madugula Police she acted as a mediator and accompanied police

Bondapalli Village at about 4-15 PM the police arrested the accused and the enquiry

they stated that they quarreled with Pws 2 and 3 when they refused to give lift in their

motor cycle and they also stopped Pw-3 with knife and caused injuries. They also

produced knives which were seized by the police by affixing slips under cover of
 Page 9 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

mediator report dated 11-12-2014. Pw-5 signed on the MOs 1 and 2 as well mediator

report which is marked as MOs 1 and 2 and Ex.P.1. Coming to the evidence of the

Investigating Officer Pw-6 his evidence shows on 02-12-2014 upon Ex.P.7 written

report preferred by Pw-1 he refused the same as a case in Cr.No.101/2014 Under

Section 307 r/w 34 of IPC and during the course of investigation on 03-12-2014

proceeded to the scene of offence which is situated in front of the house of Pws 2 and

3 at Bondapalli and observed the same in the presence of mediators Pw-4 and

Vandlabu Simhachalam (Lw-12) and prepared scene observation report which is

marked as Ex.P.9 and also rough sketch which is marked as Ex.P.10. Pw-6 also

examined the witness. On 11-12-2014 in the presence of mediators Pw-5 and

Kondapalli Satyanarayana (Lw-15) arrested the accused at their house at Bondapalli

Village and recorded confessional statement which is marked as Ex.P.6 and also

seized MOs 1 and 2 knives used for commission of offence from their possession.

The seized MOs 1 and 2 were sent RFSL, Visakhapatnam under letter of advise

Ex.P.11.

15. The evidence of Pws- 4 and 6 are contradicting with that of Ex.P.9 and Ex.P.10

though Pws 5 and 6 stated that accused were arrested and their confessional

statement as in Ex.P.6 was recorded and also seized the MOs 1 and 2 weapons from

their possession but the recitals of Ex.P.6 and the evidence of Pws 5 and 6 are

contradicting. Pws 5 and 6 mechanically stated the confessional statement of accused

as per Ex.P.6 recorded but they have not elaborated as to who among A-1 to A-4

confessed and from whom MOs 1 and 2 were recovered. In view of the discrepancy

from the evidence of Pws 5 and 6 with regard to arrest of the accused under cover of

Ex.P.6 mediator nama and also the alleged seizure of MOs 1 and 2. The version of

prosecution regarding arrest of accused and seizure of MOs 1 and 2 from their

possession has to be disbelieved.

 Page 10 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

16. The entire prosecution witness gave their own version with regard to the manner

of the incident. The investigation done by Investigating Officer Pw-6 is not inspiring in

credence. The evidence of prosecution witnesses are contradicting with each other

and in the circumstances it is not safe to convict the accused.

17. Accordingly, the prosecution failed to bring home the guilt of the accused. A-1 to

A-4 are found not guilty for the offence Under Section 307 r/w 34 of IPC. Accordingly,

they are acquitted Under Section 235(1) Cr.P.C for the said offence.

The bail bonds of the Accused shall stands cancelled after expiry of the period

of 6 months from the date of the Judgment as per Section 437-A of amended Cr.P.C.

M.Os.1 and 2 Knives shall be destroyed after appeal time is over.

Dictated to the Stenographer Gr.I, transcribed by her, corrected and pronounced by

me in open Court, on this the 08th day of July, 2019.

Assistant Sessions Judge

Chodavaram

APPENDIX OF EVIDENCE

NUMBER OF WITNESSES EXAMINED FOR PROSECUTION

P.W.1 25-06-2019 Nurmani Rajam Naidu

P.W.2 25-06-2019 Nurmani Bonju Naidu
P.W.3 25-06-2019 Nurmani Bodem Naidu
P.W.4 27-06-2019 Korabu Chittipadal
P.W.5 27-06-2019 Killo Rikmini
P.W.6 28-06-2019 D. Sekharam, S.I of Police

NUMBER OF WITNESSES EXAMINED FOR DEFENCE

- Nil -

NUMBER OF DOCUMENTS MARKED FOR PROSECUTION

Ex.P.1 signature of Pw-1 in complaint dated.02-12-2014

Ex.P.2 161 statement of Pw-1 Nurmani Rajam Naidu
Ex.P.3 is 161 statement of Pw-2 Nurmani Bonju Naidu
Ex.P.4 is 161 statement of Pw-3 Nurmani Bodem Naidu
Ex.P.5 is 161 statement of Pw-4 on scene observation report
Ex.P.6 is Mediators report dated 11-12-2014
Ex.P.7 Written report given by Pw-1 dated 02-12-2014
 Page 11 of 11 in Fair Judgment in S.C.No.157/2015 dt.08-07-2019
on the file of Assistant Sessions Judge's Court, Chodavaram.

Ex.P.8 is Original First Information Report dated 02-12-2014

Ex.P.9 is Scene observation report prepared by Pw-6 dated 03-12-2014
Ex.P.10 is Rough sketch prepared by Pw-6
Ex.P.11 is Letter of advise
Ex.P.12 is wound certificate of N. Bonju Naidu
Ex.P.13 13 is wound certificate of N. Bodem Naidu

NUMBER OF MATERIAL OBJECTS MARKED

M.O.1 is Knife
M.O.2 is Knife

Assistant Sessions Judge

Chodavaram