Andhra Pradesh High Court - Amravati
Chittamuru Vasudeva Reddy, vs State Of A.P., on 17 February, 2022
Bench: K Suresh Reddy
HON'BLE SRI JUSTICE K.SURESH REDDY
CRL.R.C.798 OF 2006
ORDER:-
Questioning the judgment passed by the learned
Sessions Judge, Nellore, dated 15-11-2005 in C.A.No.152 of
2002, the petitioners/accused filed the present Criminal Revision
Case.
2. The case of the prosecution is as follows:-
On the date of general elections i.e., on 05-09-1999 at
about 11.00 A.M Sub-Inspector of Police, Venkatagiri-Pw.4
during patrolling along with his staff i.e., Pws.1 to 3 noticed the
accused infront of Venkateswara Palace, Venkatagiri with Santro
Car. On suspicion, Pw.4 questioned about their presence. As he
was not satisfied with the response, he checked the Car and
found cash of Rs.50,000/-. The accused said to have confessed
before Pw.4 stating that they wanted to distribute the cash to
the voters on behalf of one of the independent contesting
candidates to Venkatagiri Assembly Segment. Then the cash was
seized under police proceedings and accused were taken into
custody and a case was registered in Cr.No.83 of 1999 under
Sections 188, 171(H), 171(E) r/w.511 IPC. After completion of
investigation, police filed charge sheet.
3. The case was numbered as CC.No.145 of 1999 on the file
of the Court of Judicial Magistrate of First Class, Venkatagiri,
Nellore District. In support of its case, prosecution examined
Pws.1 to 4 and marked Exs.P-1 and P-2. After closure of
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evidence, the accused were examined under Section 313 Cr.P.C.,
for which they denied.
4. After considering the evidence on record, the trial
Magistrate found the petitioners/accused guilty for the offence
under Section 171(E) IPC and sentenced them to pay a fine of
Rs.2,000/- each. In default, to suffer simple imprisonment for
one month. Aggrieved by the same, the petitioners/accused filed
Criminal Appeal i.e., C.A.No.152 of 2002 before the Sessions
Judge, Nellore. After considering the entire material on record,
the learned Sessions Judge, Nellore dismissed the appeal, by
judgment dated 15-11-2005. Aggrieved by the same, the
present Criminal Revision Case is filed.
5. Heard both sides.
6. As seen from the evidence of Pw.4, it is his specific case
that the accused were not distributing the money to the voters
at the relevant point of time. It is also admitted by Pw.4 that
nobody gathered near the Car. Further, except the police
officials, no independent witness has been examined.
Admittedly, the incident took place during the broad day light
i.e., at about 11 A.M that too on the main road infront of a
Cinema Theatre. The investigating officer did not even make any
effort to get the independent witnesses before seizing the cash
and recording confessional statements of the accused. The
witnesses examined on behalf of the prosecution are Pws.1 to 4.
They are none other than the Constables, Sub Inspector of Police
and Driver of the Zeep respectively. In such circumstances, it is
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highly improbable to accept the case of the prosecution as
narrated by them. It is the explanation of the accused that they
are doing contract works at Bangalore and Puttaparthi and they
are carrying money for the purpose of distributing to the labour
at their work place. Further, the amount seized is only
Rs.50,000/- and it is also improbable to accept that such small
amount is being carried by the petitioners to distribute the same
to the voters. This court is not in a position to accept the version
of the prosecution, particularly on the ground that no
independent witnesses were examined though the incident took
place during the broad day light and also on the road where a
cinema theatre is located. In that view of the matter, the
conviction and sentence recorded by both the courts below is
liable to be set aside.
7. In the above circumstances, the conviction and sentence
imposed by the learned Judicial Magistrate of First Class,
Venkatagiri in C.C.No.145 of 1999, dated 03-09-2022, which
was confirmed by the learned Sessions Judge, Nellore in
C.A.No.152 of 2002, dated 15-11-2005 is hereby set aside and
accused is found not guilty for the offence under Section 171(E)
IPC. As such, the accused are acquitted for the offence under
Section 171(E) of IPC. The fine amount paid by the
petitioners/accused, if any, is directed to be refunded to them.
The bail bonds shall stand cancelled.
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6. Accordingly, the Criminal Revision Case is allowed.
Miscellaneous Petitions pending, if any, shall stand closed
in consequence.
__________________
K.SURESH REDDY,J
17-02-2022
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TSNR
