Dismissed

Padala Golla Raju, v. The State of Andhra Pradesh

Telangana HC28 Feb 2014CRLRC/1477/2006

Case brief

AI extract

What is this about?

Criminal Revisions challenging convictions for circulating fake currency notes were dismissed. The High Court upheld the trial court's findings and the appellate court's modified sentence, finding the prosecution evidence corroborated and no ground for further leniency.

What did the court decide?

All Criminal Revisions dismissed; conviction and sentence confirmed; orders transmitted to trial court to apprehend petitioners for unexpired sentence.

Padala Golla Raju, Vs The State of Andhra Pradesh — Cheque Dishonour | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD

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FRIDAY THE TWENTYEIGHTH DAY OF FEBRUARY TWO THOUSAND AND FOURTEEN

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PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR

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CRL.RC.Nos. 1477, 1492 & 1917 OF 2006

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Between: CRL.RC.No. 1477 of 2006.

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Padala Golla Raju & Ors. … Revision Petitioners/Accused

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V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of AP Hyderabad. … Respondent/complainant

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Between: CRL.RC.No. 1492 of 2006.

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Dondepudi Subba Rao & Ors. … Revision Petitioners/Accused V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of AP Hyderabad. … Respondent/complainant

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Between: CRL.RC.No. 1917 of 2006.

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Guntamadugu Venkateswara Raju … Revision Petitioner/Accused

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V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of AP Hyderabad. … Respondent/complainant

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The court made the following : [common order follows]

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HONOURABLE SRI JUSTICE S. RAVI KUMAR

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CRL.RC.Nos. 1477, 1492 & 1917 OF 2006

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COMMON ORDER :

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These Criminal Revisions arise out of judgment in SC.No. 313 of 2002 dated 28/04/2005 on the file of Assistant Sessions Judge, Bhimavaram, West Godavari district.

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2. Inspector of Police, Bhimavaram Rural Police Station filed charge sheet against eleven accused persons for offences under section 489-B, 489-C, 489-D read with section 34 IPC. Assistant Sessions Judge, Bhimavaram, after examining PWs 1 to 11 and marking Exs.P1 to P17 and MOs-1 to 15 found A-1 to A-7 and A-10 guilty for offence under section 489-C IPC, A-1 and A-2 were further guilty for offence under section 489-B IPC and A-4 was further found guilty for offence under section 489-D, A-3, A-4, A-5, A-6, A-7 and A-11 are acquitted of the charges levelled against them. Aggrieved by the conviction, A-2, A7 to A-10 preferred Criminal Appeal No. 113 of 2005, A-1, A-3, A-4, A-5 and A-6 preferred Criminal Appeal No.101 of 2005 and the learned Appellate Judge on re-appreciation of evidence on record dismissed the appeals by

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reducing sentence of imprisonment of five years to three years. Aggrieved by the judgments of trial court and appellate court, A-6 preferred Criminal Revision Case No. 1917 of 2006, A-1, A-3, A-4 and A-5 preferred Criminal Revision Case No. 1477 of 2006 and A-2, A-7 and A-10 preferred Criminal Revision Case No. 1492 of 2006.

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3. According to prosecution, A-1 to A-3 are resident of Akividu village, A-2 to A-4 are resident of Guduru, Nellore district, A-7 is a resident of Srikalahasti, Chittoor district, A-8 is a resident of Vutukur village and A-9 to A-11 are resident of Venkatagiri village of Nellore district and they are allo close associates to each other and they are indulged in exchange of forged hundred rupee notes. On 31/05/1996 Sub-Inspector of Police, arrested A-1 and A-2 near fruit stall of Kotikalapudi Satyanarayana near Potti Sree Ramulu Statue in Akividu when they are found exchanging fake currency notes. At the time of arrest, Sub-Inspector of Police recovered eight fake currency notes from A-1 and two fake currency notes from A-2 in the presence of mediators Marella Narasimha Babiraju Vara Prasad Rao, VAO of Akividu and Garikimukkala Yesu Ratnam of Akividu. A case is registered against both arrested persons and they have been produced before the Magistrate Court with a remand report. On the confession of A-1 and A-2, Inspector of Police, Bhimavaram Rural

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Circule arrested A-3 on 02/06/1996 in the presence of Vegesna Prasasda Raju, VAO of Dharamapuram of Akividu Mandal and Kaligotla Srinivas, Pedakapavaram, who made a voluntary confession. On the confession of arrested accused Inspector of Police arrested A-4 to A-11. Investigating Officer recovered ninety fake currency notes from the possession of A-2, 250 hundred rupee fake currency notes from A-5; 1000 hundred rupee fake currency notes from A-6 and 250 fake hundred rupee notes from A-7 in the presence of mediators. Inspector of Police also recovered printing machine, colour ink bottles and 400 fake hundred rupee notes from A-8, 300 fake hundred rupee notes from A-9, 700 fake hundred rupee notes from A-10. According to prosecution, all the accused are involved in preparation and circulation of fake currency notes and they are liable for the offences under section 489-B, 489-C, 489-D section 109 read with section 120-B IPC.

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4. When these Criminal Revisions are posted for orders today, Advocate appearing for Revision Petitioners in all three Revisions represented that he has no instructions for the Revision Petitioners. Therefore, the matters are decided on merits from the material available on record.

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5. As seen from the grounds of Revisions, the main contention

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of Revision Petitioners is that prosecution failed to prove the guilt of Revision Petitioners for the offence under section 489-B, 489-C and 489-D beyond all reasonable doubt and the conviction recorded against them is not sustainable. The other contention of the Revision Petitioners is that the evidence of mediators is not consistent and there are discrepancies in their evidence with regard to seizure of MOs 1 to 17 and these discrepancies were not considered by the courts below to extend benefit of doubt.

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6. Now the point for determination is whether the judgments of the courts below are legal, proper and correct ?

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7. P O I N T : According to prosecution on 31/05/1996 on receipt of information with regard to exchange of fake currency notes, Sub-Inspector of Police with mediators proceeded to Potti Sree Ramulu Statue in Akividu and there found A-1 and A-2 exchanging fake currency notes and that they were arrested. To prove the same one of the mediator is examined as PW-1 and according to his evidence A-1 was found in possession of eight fake currency notes of hundred rupee denomination and the same is MO-1. According to him, A-2 was found in possession of two fake currency notes of hundred rupee denomination and MO-2 is the same. He further deposed that A-2 was found in possession of two genuine currency

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notes of hundred rupee denomination and MO-3 is the same.

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8. According to prosecution, on the confession of A-1 and A-2 the other accused were arrested and other fake currency notes were recovered from possession of respective accused persons. All the mediators for the arrest of respective accused and seizure of fake currency notes were examined besides four Investigating Officers. Both trial court and appellate court have elaborately discussed the evidence on record and came to the conclusion that Revision Petitioners herein have committed offence under section 489-C, 489B and 489-D. Though Revision Petitioners contenddd that there are discrepancies and contradictions in the evidence of PWs 6 to 11 but no such contradictions are marked during cross-examination. Out of PWs 6 to 11, PWs 8 to 11 are the Investigating Officers. With regard to the contention of Revision Petitioners that the evidence on record is not sufficient to prove the offence under section 489-B, 489-C and 489-D beyond all reasonable doubt, the same cannot be accepted in view of the clinching evidence of PWs 1 to 11 which is supported and corroborated with Exs.P6 to P17 and MOs 1 to 15.

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9. On a thorough scrutiny of evidence on record, trial court

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convicted Revision Petitioners for the offences under section 489-B, 489-C and 489-D hich is upheld by the appellate court. I do not find

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any wrong appreciation of evidence or incorrect findings in the judgments of the courts below on any of the material aspects. Circulating fake currency is a grave offence and the trial court sentenced Revision Petitioners for a period of five years and the appellate court took a lenient view and reduced imprisonment from five years to three years, while taking into consideration, time gap between the date of offence and date of conviction, I do not find any ground to take further lenient view in respect of sentence imposed against Revision Petitioners.

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10. For the above reasons, I am of the view that there are no merits in these Criminal Revisions and all the Criminal Revisions are liable to be dismissed.

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11. In the result, all the Criminal Revisions are dismissed, confirming the conviction and sentence recorded by the trial court and upheld and modified by the appellate court. Trial court shall take steps to apprehend the Revision Petitioners to undergo un-expired portion of sentence.

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_______________________ JUSTICE S. RAVI KUMAR.

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28/02/2014 I s L

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HONOURABLE SRI JUSTICE S. RAVI KUMAR

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CRL.RC.Nos. 1477, 1492 & 1917 OF 2006

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Circulation No. 196 Date:28/02/2014 Court Master: I s L Computer No.43

Padala Golla Raju, v. The State of Andhra Pradesh

Case brief

What is this about?

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Padala Golla Raju, v. The State of Andhra Pradesh

Case brief

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