PARVATHANENI KARUNAKAR Vs. D V SURESH

JUDGEMENT

(1.) THIS criminal appeal is preferred against the judgment dated 7/2/2006 delivered in CC No. 13 of 2002 whereby the learned Judicial Magistrate of First Class for Special Mobile Court, Nellore, acquitted respondent Nos.1 to 3 - accused of the offences punishable under Sections 506(2), 452 and 323 IPC.

(2.) THE case of the appellant - de facto complainant, in brief, is that he owns a jewellery shop at Giddangi Street, Nellore, and he is running it by taking loans from other jewellery shop owners, banks and other financiers like A1 to A3 and repay the dues promptly. Now, the complainant has fallen due some amount to A1 to A3 and he could not repay it due to financial crisis. While so, on 12.10.1998, at about 10.00 p.m., when the complainant and his brother - PW4 were closing their shop, A1 to A3 with 10 other gundas and rowdies, being armed with deadly weapons like iron rods, etc., raided the shop, attacked the complainant and his brother, beat them with hands and kicked them, and in spite of LWs.3 and 4, who are the employees working in the jewellery shop, tried to rescue them, the accused forcibly snatched away the bunch of keys from the complainant stating that they would kill him and his brother if they do not repay their due amount and also get their shop transferred in their name. After the incident, the complainant lodged a complaint with the police. As no action was taken by the police, the complainant filed a private complaint before II Additional Judicial Magistrate of First Class, Nellore.

(3.) PW1 is none other than the de facto complainant. He deposed that he has been running Chinni Jewellery Shop at Giddangi Street, Nellore since 1995. A1 and A2 are also running similar jewellery shops in the name and style "Satya Jewellers" opposite to his shop and PW1 would often raise loans from A1 to A3 and repay the same. Once he borrowed a sum of Rs. 1,00,000/- from A1 and A2 by executing a promissory note. On his failure to repay the amount, A1 to A3 entered his jewellery shop on the fateful day at about 10.00 p.m. along with 10 goondas, created havoc and beat him and his brother - PW4 abusing them in vulgar language. They locked the shop and took away the keys of his shop from him. There was a stock of gold jewellery worth about Rs.6.00 lakhs and interior decoration along with A.C. Machine worth Rs.2.00 lakhs. He further deposed that since the police failed to initiate action against the accused on the complaint, he filed a private complaint - Ex.P1 before the Court of II Additional Judicial Magistrate of First Class, Nellore and the same was numbered as CC No.287 of 2000.