HON’BLE Dr. JUSTICE K.G. SHANKAR
Criminal Petition No.4140 of 2014
Date: 11.07.2014 Between:
Motla Venkataramana .. Petitioner/A.5 AND The Sub.Divisional Police Officer, Godavarikhani, Karimnagar District, and 3 others. .. Respondents HON’BLE Dr. JUSTICE K.G. SHANKAR
Criminal Petition No.4140 of 2014
ORDER:
The petitioner, who has been working as Circle Inspector of Police, is arrayed as A.5 in P.R.C.No.13 of 2014 on the file of the Additional Judicial Magistrate of First Class, Karimnagar. The petitioner sought for the quashment of the case against him.
2. The case involved offences under Sections 302, 201, 217 and 218 IPC read with Section 34 IPC as well as under Sections 27 & 30 of Arms Act. It is alleged that A.1 murdered Erragolla Ramesh, who was P.C. (Police Constable) No.2943 of Godavarikhani I-Town Police Station at the time of his death and became liable for punishment under Section 302 IPC and under Sections 27 & 30 of Arms Act. A.2 to A.7 allegedly gave false information by creating incorrect record and caused disappearance of evidence with an intention to screen A.1 from legal punishment and thus became liable for punishment under Sections 201, 217 and 218 IPC read with Section 34 IPC.
3. A.1 is a Press Reporter and in-charge of Telugu Daily Newspaper by name Sahasam. He was a resident of Vidyanagar, Godavarikhani. A.2 was the Sub-Divisional Police Officer (SDPO), Peddapalli during the relevant time.
A.3 was the Inspector of Police, Ramagundam Traffic Police Station. A.4 was the SDPO, Godavarikhani. A.5, who laid the present criminal petition, was the Inspector of Police, Godavarikhani I- Town Police Station. A.6 is the Civil Assistant Surgeon of the Government Area Hospital, Godavarikhani, whereas A.7 is the Chest Physician in the Government TB Clinic, Ramagundam.
4. The deceased-Ramesh was working as I.D. party constable in Godavarikhani I-Town Police Station. A chain snatching case was reported at Rameshnagar within the limits of Godavarikhani I-Town Police Station on the evening of 09.02.2010. The Sub-Inspector of Police, Godavarikhani I-Town Police Station (LW.15) issued First Information Report (FIR) in Crime No.25 of 2010 u/s.379 IPC. He informed the deceased telephonically at 7.21 p.m.
to search for the offenders in Vittalnagar and Tilaknagar. At about 7.30 p.m. on the same day, Guggilla Ravindra @ Ravi (LW.16), while passing through Open Caste Project (OCP)-III, Coal Handling Plant (CHP) and Bunker, noticed the deceased in a pool of blood. Ravindra @ Ravi informed Chirala Ravi @ Chiken Centre Ravi (LW.73) about the same, who in turn passed on information to Erragolla Srinivas (LW.3), elder brother of the deceased. The information was passed on to the Erragolla Krishna Murthy (LW.2), another brother of the deceased. Police took up investigation in the matter.
5. A.4, DSP of Godavarikhani at the relevant time has taken the stand that the deceased died in a motor vehicle accident. In the alternative, A.4 suggested that the deceased, who was suffering from high BP, died on account of high BP. He suggested to the wife of the deceased to claim that the death of the deceased was owing to a motor vehicle accident so that compensation under the provisions of Motor Vehicles Act can be received.
6. However, the Superintendent of Police, Karimnagar entrusted the case to Circle Inspector of Police, Huzurabad (LW.139) for further investigation. During further investigation, it came out that the death of the deceased was due to shock and hemorrhage caused by fire arm injuries. FIR was initially issued for the offence u/s.304-A IPC. Altered FIR u/s.302 IPC and under Section 27 of Arms Act was issued on 28.03.2010.
7. On 03.04.2010 A.1 was apprehended by police. A.1 made a confessional statement that on account of earlier quarrels and also quarrel on the date of incident, A.1 shot the deceased and that A.1 informed A.2 about the incident. He further confessed that A.2 promised to hush up the matter. --- This is the sum and substance of the prosecution case.
8. The complicity of A.5 is that A.5 reached the scene of offence after the brother of the deceased- Srinivas (LW.3) reached the scene of offence and shouted at Srinivas not to touch the dead body on the ground that it was a murdered case. The further complicity of A.5 is that he directed Krishna Murthy (LW.2), another brother of the deceased not to touch the dead body of the deceased as it was a murdered case. The Sub-Inspector of Police, Ramagundam I-Town Police Station (LW.40) allegedly reached the scene of offence by this time A.5 was already present at the scene of offence. Again A.5 was said to be presented at the Mortuary when
A.4 and the Doctors had a cursory examination of the dead body of the deceased.
9. Barring for these recitals, there is no allegation against A.5 much less any overt acts against A.5. There was no reference to the role of A.5 in the charge sheet.
It is not even stated that A.5 registered FIR u/s.304-A IPC. A.5, however, allegedly registered altered FIR u/s.302 IPC on the instructions of A.4.
10. As rightly submitted by Ch. Venkataraman, learned counsel for the petitioner, there is absolutely no allegation in the charge sheet against A.5 to link him with the commission of offence. I am afraid that prosecution cannot be continued against A.5 where the complicity of
A.5 in the commission of offence was not even whispered. The learned Additional Public Prosecutor submitted that A.5 knew that the death of the deceased was homicidal and that A.1 shot and killed the deceased. There is no allegation to this effect in the charge sheet much less prima facie proof. The activity of A.5 does not link A.5 to the commission of offence even remotely. Thus, prima facie case has not been made out against the petitioner in any manner. The petitioner, therefore, is justified in seeking for quashment of PRC No.13 of 2014 on the file of Additional Judicial Magistrate of First Class, Karimnagar.
11. This Criminal Petition, therefore, is allowed. P.R.C.No.13 of 2014 on the file of the Additional Judicial Magistrate of First Class, Karimnagar is quashed so far as the petitioner/A.5 is concerned holding that prima facie case is not made out against the petitioner/A.5. Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.
Dr. K.G. Shankar, J.
Date: 11.07.2014 Isn