Cheguri Sangaiah v. State of A.P.

Judgment

Heard Sri C. Pratap Reddy, learned counsel appearing for the appellant-Accused Nos.1 to 3 as well as the learned Public Prosecutor, appearing for the respondent-State.

2. This Criminal Appeal is directed against the judgment, dated 08.09.2005 in S.C.No.14 of 2005 passed by the Court of Special Judge for Trial of Offences under SC/ST (POA) Act, 1989, Medak at Sangareddy, convicting the appellants-Accused Nos.1 to 3 for the offences punishable under Sections 436 and 427, read with 34 I.P.C., and under Section 3 (2)(iii) of SC/ST (POA) Act, 1989, and sentencing them to undergo Rigorous Imprisonment for seven years and also to pay a fine of Rs.1,000/- each and in default of payment of fine amount to undergo Simple Imprisonment for two years each for the offence under Section 436 I.P.C.; and further sentencing them to undergo Rigorous Imprisonment for one year each for the offence under Section 427 I.P.C.; and further sentencing them to undergo six years each and also to pay fine of Rs.1,000/- each and in default of payment of fine to undergo Simple Imprisonment two years each the offence punishable under Section 3 (2)(iii) of SC/ST (POA) Act, 1989.

3. The appellants are accused in S.C.No.14 of 2005. Before

the trial Court, they were charged for the offences under Sections 436, 427 read with 34 I.P.C. and Section 3(2)(iii) of SC/ST (POA) Act, 1989. The trial Court found them guilty of the aforesaid charges and convicted and sentenced them as stated supra.

4. For proper disposal of this appeal, it is just and necessary to refer to the case of the prosecution, in nutshell.

5. On 11.12.2004, at 7.30 a.m., P.W.1 lodged a complaint before the Sub-Divisional Police Officer, Medak stating that a Panchayat was held in the village by the elders on 10.12.2004 Friday from 10.00 a.m., to 12.00 noon alleging that his son Krishnaiah @ Prabhu eloped Manjula, daughter of Accused No.1 and left the village on Monday. Later at about 2.30 p.m., A.1 to A.3 came to his house, poured kerosene on the house and set fire, due to which the house together with 30 bags of paddy, clothes, books and other household articles were burnt and he belongs to poor Madiga community and sustained loss to a tune of Rs.1,00,000/-. Basing on the said complaint, the Sub-Divisional Police Officer, Medak registered a case in Crime No.66 of 2004 for the offences under Sections 436, 427 read with 34 I.P.C. and Section 3(2)(iii) of SC/ST (POA) Act, 1989 and examined the witnesses, conducted the scene of offence panchanama, prepared observation report, arrested the accused and filed charge sheet for the said offences.

6. In order to bring home the guilt of the accused, the prosecution examined as many as 12 witnesses as P.Ws.1 to 12 and got marked Exs.P-1 to P-15, besides marking material objects MOs.1 to 14 material objects. On behalf of the accused, none were examined and no document was marked.

7. The trial Court, having considered the entire material including the evidence, both oral and documentary, available on record, found A.1 to A.3 guilty of the offences with which they were charged and accordingly convicted them of the said charges, as stated supra. Aggrieved by the same, appellants-A.1 to A.3 have preferred the present criminal appeal.

8. Learned counsel for the appellants mainly urged that the trial Court ought to have noted that there is no evidence to prove the ingredients of the offences punishable under Sections 436, 427 read with 34 I.P.C. and Section 3(2)(iii) of SC/ST (POA) Act, 1989 so as to convict them. He, therefore, contends that the trial Court had committed grave error in convicting the appellants/accused for the said offences. He further argued that there is a delay in lodging the report before the police by P.W.1 and the same is not explained by the prosecution, which is fatal. He further argued that the material and the independent witness P.W.4 turned hostile and did not support the case of the prosecution. Moreover, P.Ws.2 and 3 are the caste men of P.W.1 and their evidence is interested, which cannot be taken as conclusive, and hence prayed for acquittal of the accused.

9. On the other hand, the learned Public Prosecutor, while supporting the impugned judgment, urged for dismissal of the appeal.

10. Now the point for consideration is whether prosecution proved the guilt of the accused for the charges framed against them and that the finding of the trial Court in convicting the accused is sustainable?

11. P.Ws.1 and 2 are the parents of Krihanaiah @ Prabhu and P.W.3 is one of the caste elders of the village. The son of P.W.1 alleged to have eloped with Manjula, the daughter of A.1 and A.2. It is an admitted fact that a Panchayat was held between P.Ws.1 and 2 on one side, and A.1 on the other, regarding the alleged love affair of the son of P.Ws.1 and 2 and the daughter of A.1, who alleged to have left the village prior to the date of the alleged mediation on 10.12.2004. Ex.P-1 complaint was lodged on the next day of the alleged mediation. According prosecution, the alleged mediation was between 10.00 a.m. to

12.00 noon on 10.12.2004 and Ex.P-1 complaint was lodged on the morning of 11.12.2004. The defence counsel mainly argued that there is an abnormal delay in lodging the report before the police by P.W.1 and hence Ex.P-1 was prepared after due deliberations and no credence could be given to the contents of Ex.P-1.

12. Admittedly, the alleged offence had taken place in the evening hours on 10.12.2004. Ex.P-1 was lodged in the early hours on 11.12.2004 after 7.30 a.m. before P.W.11, who inturn registered F.I.R. under Ex.P-12. As per the evidence of P.W.1, all the belongings including the household articles, paddy, clothes etc., were burnt in the fire and he was perturbed. Thereafter on the next day morning, he came and lodged Ex.P-1 report before the police.

13. It is not his case as if the house was burnt accidentally. It is the specific case of P.W.1 that A.1 and A.3 came and set fire to the house and caused the alleged damage. It is also an admitted that there are disputes between P.Ws.1 and 2 on one side, and the accused on the other. As the subject matter of the motive attached with delicacy, P.W.1 could not have ventured to lodge a report on the same day. Thereafter on the next day morning, he lodged Ex.P-1 report before the police. In that view of the matter, the delay in lodging the F.I.R. by P.W.1 is not fatal and the prosecution also explained the delay properly. Therefore, the argument advanced by the learned counsel for the appellants- accused cannot be sustained by any stretch of imagination that there is a delay in lodging the report.

14. With regard to the commission of offence, P.Ws.1 to 3 deposed in one voice that A.1 to A.3 came to the Panchayat in the morning and they were in the Panchayat upto 2.00 p.m. and left the Panchayat and returned to the place of incident with kerosene tins and set fire to the house of P.W.1, resulting in damage to a tune of Rs.1,00,000/-.

15. As seen from the evidence of P.W.11, the distance between the scene of offence and the police station is about 7 or 8 kms and when he enquired the complainant the reason for delay in lodging the report, the complainant reported that after the incident there was a proposal for compromise among the parties and when the same was failed, he came and lodging the report.

16. P.W.12, the investigating officer, deposed that after he took up the investigation, he visited the scene and noticed the burnt house of P.W.1 and recorded the statements of P.Ws.1 to 6 and 9, conducted the scene of offence panchanama and seized MOs.1 to 14 the presence of panch witnesses, got photographed the scene of offence under Exs.P-9 and P-10 and arrested the accused.

17. Ex.P-5 is the scene of offence panchanama, which clearly shows that it is a tiled house containing tiles, doors, windows on account of burning broken and fell down. The house is comprising of 5 rooms and on account of fire, 7-beams, 3- doors, 2-windows, one ceiling fan, 30-paddy bags each weighting about 70 kgs, clothes, books, alluminium utensils, rugs and other articles all worth about Rs.1,50,000/- got damaged in fire. The recitals in Ex.P-5 are self-explanatory about the scene of offence and nothing can be doubted about the genuineness of it. If Ex.P-5 is taken into consideration while assessing the evidence of P.Ws.1 to 3, it is made clear that the assailants acted vehemently while causing damage to the house of P.W.1. P.Ws.1 to 3 corroborated the participation of A.1 to A.3 in causing fire to the dwelling house of P.W.1. Though P.W.4 turned hostile, to some extent he deposed that a mediation was held in the village and thereafter the house of P.W.1 was set to fire by A.1 to A.3.

18. It is not the case that no ordinary prudent person will set fire to his own house by causing damage to himself and his property. All the witnesses i.e., P.W.1 to 3 asserted and said that A.1 to A.3 came with kerosene and A.1 lit fire to the house of P.W.1 and as a result, the house gutted in fire in which the property of P.W.1 was also damaged.

19. The trial Court also discussed the evidence on record in right perspective while coming to a conclusion that A.1 to A.3 are responsible for causing damage to the house of P.W.1. There is no dispute that P.Ws.1 to 3 belongs to the same Madiga community, which falls under the category of Schedule Caste. If that be the case, the evidence of the prosecution also proved the guilt of the accused for the charges under Section 3 (2)(iii) of SC/ST (POA) Act, 1989.

20. In that view of the matter, the prosecution proved the guilt of the accused for the offences under Sections 436 and 427, read with 34 I.P.C., and under Section 3 (2)(iii) of SC/ST (POA) Act, 1989 and accordingly convicted and sentenced them as stated above.

21. The defence counsel, while submitting his arguments, pleaded indulgence of this Court to take a lenient view while imposing punishment on the appellants/A.1 to A.3.

22. Having regard to the facts and circumstances, I am of the view that the sentence imposed by the trial Court is on higher side and disproportionate to the gravity of the said offences. Therefore, I deem it appropriate to reduce the sentence to that of Rigorous Imprisonment for one year each for the offence under Section 436 I.P.C.; and one year each for the offence under Section 3(2)(iii) of SC/ST (POA) Act, 1989, while confirming the fine amounts.

23. In the result, the conviction recorded by the trial Court against appellants-Accused No.1 to 3 for the offences punishable under Sections 436 and 427, read with 34 I.P.C., and under Section 3 (2)(iii) of SC/ST (POA) Act, 1989, by its judgment dated

08.09.2005 in S.C.No.14 of 2005, is confirmed, however, modifying the sentence to that of Rigorous Imprisonment for one year each for the offence under Section 436 I.P.C.; and one year each for the offence under Section 3 (2)(iii) of SC/ST (POA) Act, 1989, while confirming the fine amounts. All the above sentences shall run concurrently, while giving set off to the period of remand already undergone by the Appellants/Accused Nos.1 to 3.

24. Subject to the above modification, the criminal appeal is allowed in part. RAO 14.08.2012. Msr ________________________ JUSTICE K.S. APPA THE HON’BLE SRI JUSTICE K.S. APPA RAO CRIMINAL APPEAL No.1390 of 2005

14.08.2012 (Msr)