Sri B.Kiran Kumar

APKU070004512025

IN THE COURT OF THE II ADDITIONAL CIVIL JUDGE (SENIOR

DIVISION), NANDYAL.

File No.: H.M.O.P. No.166/2025

Order of: B.Kiran Kumar, II Addl. Civil Judge (Senior Division), Nandyal.

Petition presented on: 18.12.2025

Petition filed on : 29.12.2025

Parties Smt.Angadi Jayasree, W/o.Gujjula Ravi @ E.Ravi, aged about 34 years, Hindu, working as Bank Manager in A.P. State Co-operative Bank, Vijayawada, R/o.H.No.25/236-12-2, Near Satya Sai Kalyana Mantapam, Sanjeeva Nagar, Nandyal Town and District.… Petitioner -Versus-

Gujjula Ravi @ E.Ravi, S/o.Gujjula Hanumantharayudu, Aged about 36 years, Hindu, Un-employee (Wega Bond), C/o.G.Narayana, School Assistant (Telugu), Z.P.High School, Duradakunta Village, Kalyana Durgam Mandal, Ananthapuram District … Respondent

Date of Hearing : 24.04.2026

Delivered on: 24.04.2026

The counsel for the Petitioner : Sri R.Durga Prasad, Sri R.Viswanath, Sri R.Vamsi Krishna, Sri K.Mahesh,

The Respondent remained Exparte

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This petition is coming on this day for petitioner evidence, upon perusing the material on record and the respondent was remained exparte, this court made the following:-

: O R D E R :

1.The petitioner filed this petition against the respondent U/Sec.13 (1) (ib) of Hindu Marriage Act praying the court to dissolve the marriage of the petitioner with the respondent performed on 23.01.2015.

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APKU070004512025 2.The Averments of the Petition in brief are as follows:-

(a) The Petitioner submits that the Respondent is the Husband of the petitioner. On 23-01-2015 the marriage between the Petitioner and the Respondent was solemnized at Sri Satya Sai Kalyana Mandapam,

Nandyal Town and District as per the Hindu Rites and customs and the marriage was consummated. The Petitioner's parents paid

Rs.5,00,000/- cash and gold Chain, Bracelet and ring to the

Respondent as dowry at the time of marriage and the entire marriage expenses nearly Rs.7,00,000/- was spent by the Petitioner's parents.

b) After the marriage, the Petitioner and the Respondent went to

Hebbal, Bangalore and lived there from 2015-2018 and lead the marital life happily. During their wedlock at Bangalore, on 18-11-2015 the Petitioner conceived. The Petitioner and the Respondent are blessed with a girl-child by name G.Gaanavi and she is studying 5th class in Nalanda Vidya Nikethan, Vijayawada and she is in the custody of the Petitioner.

c) Both the Petitioner and the Respondent lived happily for 3 years under the same roof and later on disputes arose in between the

Petitioner and the Respondent and after 3 years the Respondent started harassing the Petitioner mentally and physically with cruel behavior without any justifiable reasons and the Petitioner has suffered physical and mental agony.

d) After the girl-child was born, looking the welfare of the

Petitioner and child and not even providing the Respondent never lead a happy marital life with the Petitioner and basic needs of food, medicines for the Petitioner and girl-child. The Respondent never took care about the welfare of the Petitioner and the girl-child and the

Petitioner struggled a lot because of the Respondent mental and cruel behavior and that the Respondent has habituated to the alcohol and bad vices and harassed the Petitioner to get the additional dowry for his bad vices. Everyday, the Respondent consumed the alcohol and bet

HMOP.No.166/2025 Page No.2

APKU070004512025 the Petitioner and the girl-child indiscriminately without any justifiable reasons.

e) Subsequently, the Petitioner and the Respondent shifted to

Vijayawada and the Petitioner joined in A.P.State Co-Operative Bank

Ltd., (APCOB), Vijayawada and working as Manager in the Bank and the Respondent who is jobless again harassed and bet the Petitioner indiscriminately and necked away the Petitioner from the matrimonial house. Then, the Petitioner lodged a Complaint against the Respondent in the S.H.O of Krishna Lanka, Vijayawada P.S., Vijayawada and that the Respondent appeared before the concerned Police and the

Respondent have given an undertaking before the elders by name

Majjiga Dastagiri and others to the Sub Inspector of Police, Krishna

Lanka of Vijayawada that hereafter the Respondent will not harass her and will not do any illegal activities but all the efforts of the Petitioner were in vain and the Respondent further started harassing the

Petitioner and the girl-child.

f) The Respondent and his family members started harassing the

Petitioner and that the Respondent never showed any interest or love towards the Petitioner and child and several panchayats were made between the Petitioner and the Respondent but all efforts of the

Petitioner became futile and on 08-03-2020 the Respondent throw and necked away the Petitioner and girl-child from the matrimonial house and that the Respondent deserted his matrimonial life with the

Petitioner without any reasonable cause by necking away the Petitioner from the matrimonial house. Till today the Petitioner is suffering with mental and physical harassment due to the Respondent's abundant behavior and the Respondent is threatening the Petitioner to give him the divorce as soon as possible or else there will be an endanger to the life of the Petitioner and girl-child. The Whatsapp messages sent by the

Respondent to the Petitioner demanding and threatening the Petitioner for divorce is filed.

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APKU070004512025

g) Since then the Respondent never came forward to lead matrimonial life with the Petitioner and the Respondent left the

Petitioner by deserting matrimonial rights and further the Respondent threatened the Petitioner that if the Petitioner make any efforts for her matrimonial life, there will be an endanger to the life of the Petitioner and child and the Petitioner's parents and since then the Petitioner is living with an apprehension that there is a endanger to the life of the

Petitioner and child from the Respondent. On 03-11-2025 the Petitioner issued a Registered Legal Notice to the Respondent to come forward for dissolution of marriage between the Petitioner and the Respondent, as the Petitioner vexed with the attitude and behavior of the Respondent and the Notice was served to the Respondent but the Respondent never replied for the same. The Registered legal notice dated 03.11.2025 along with the postal receipts and acknowledgement are filed.

h) The marriage is a sacrament, an indissoluble union of flesh with flesh, bone with a bone to be continued even in the next world and the marriage is a relationship in which a man and a woman are bound together for the physical, social and spiritual purposes of dharma, procreation and sexual pleasure. But the Respondent always abused, insulted, maltreated and misbehaved with the Petitioner. There is no co-habitation in between the Petitioner and Respondent from 08.03.2020 onwards there is no chances of reconciliation of the

Petitioner and the Respondent to lead a matrimonial life and that the matrimonial house once for all and marital bond has been irretrievably broken down. The child is also living with the Petitioner only and that the Petitioner is taking care of daughter happily and the child will be safe in the hands of the Petitioner only as the Respondent is addicted to bad vices. The Respondent deserted the Petitioner and he is purposely abandoning the Petitioner and he neglected the Petitioner to lead a matrimonial life. Therefore, the Petitioner is constrained to file

HMOP.No.166/2025 Page No.4

APKU070004512025 this petition seeking a decree of divorce on the ground of cruelty.

Hence this petition.

3.The petitioner is examined as P.W.1 and got exhibited Exs.P1 to

P5. On the other hand, the respondent was remained exparte.

4.Heard the learned counsel for the petitioner.

5.The point for consideration is :

“Whether the marriage of the petitioner with the

respondent be dissolved by way of decree of divorce on

the ground of cruelty U/Sec.13 (1) (ib) of Hindu Marriage

Act?"

Appreciation of Evidence and reasons thereof :-

6. POINT:-

The petitioner is examined herself as PW1 and reiterated the averments of petition in her chief examination affidavit and PW.1 exhibited Exs.P1 to P5. Ex.P1 is the wedding card, dt234.01.2015.

Ex.P1 has established the marriage of PW.1 with the respondent.

(a) PW.1 is the legally wedded wife of the Respondent. The marriage of PW.1 with the respondent was solemnized on 23-01-2015 at Sri Satya Sai Kalyana Mandapam, Nandyal Town and District as per the Hindu Rites and customs and the marriage was consummated.

After the marriage, PW.1 and the Respondent went to Hebbal,

Bangalore and lived there from 2015-2018 and lead the marital life happily. During their wedlock at Bangalore, on 18-11-2015 PW.1 conceived. PW.1 and the Respondent are blessed with a girl-child by name G.Gaanavi and is studying 5th class in Nalanda Vidya Nikethan,

Vijayawada and she is in the custody of PW.1. Both PW.1 and the

Respondent lived happily for 3 years under the same roof and later on disputes arose in between them and after 3 years the Respondent and his family members started harassing PW.1 mentally and physically with cruel behavior without any justifiable reasons and PW.1 has suffered physical and mental agony.

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APKU070004512025

b) After the girl-child was born, looking the welfare of PW.1 and child and not even providing the Respondent never lead a happy marital life with PW.1 and basic needs of food, medicines for PW.1 and girl-child. The Respondent never took care about the welfare of PW.1 and the girl-child and PW.1 struggled a lot because of the Respondent mental and cruel behavior and that the Respondent has habituated to the alcohol and bad vices and harassed PW.1 to get the additional dowry for his bad vices. Everyday, the Respondent consumed the alcohol and bet PW.1 and the girl-child indiscriminately without any justifiable reasons.

c) Subsequently, PW.1 and the Respondent shifted to Vijayawada and PW.1 joined in A.P.State Co-Operative Bank Ltd., (APCOB),

Vijayawada and working as a Manager in the Bank and the Respondent who is jobless again harassed and bet PW.1 indiscriminately and necked away PW.1 from the matrimonial house. Then, PW.1 lodged a

Complaint against the Respondent in the S.H.O of Krishna Lanka,

Vijayawada P.S., Vijayawada and that the Respondent appeared before the concerned Police and the Respondent have given an undertaking

before the elders by name Majjiga Dastagiri and others to the Sub

Inspector of Police, Krishna Lanka of Vijayawada that hereafter the

Respondent will not harass her and will not do any illegal activities but all the efforts and several panchayats of PW.1 were in vain and the

Respondent further started harassing PW.1 and the girl-child.

d) On 08-03-2020 the Respondent throw and necked away PW.1 and girl-child from the matrimonial house and that the Respondent deserted his matrimonial life with PW.1 without any reasonable cause.

Till today PW.1 is suffering with mental and physical harassment due to the Respondent's abundant behavior and threatening PW.1 to give him divorce as soon as possible or else there will be an endanger to the life of PW.1 and girl-child. The Whatsapp messages sent by the Respondent to PW.1 demanding and threatening PW.1 for divorce. Since then the

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APKU070004512025

Respondent never came forward to lead matrimonial life with PW.1. On 03-11-2025 PW.1 issued a Registered Legal Notice to the Respondent to come forward for dissolution of marriage between them, as PW.1 vexed with the attitude and behavior of the Respondent and the Notice was served to the Respondent but the Respondent never replied for the same. There is no co-habitation in between them from 08.03.2020 onwards there is no chances of reconciliation of PW.1 and the

Respondent to lead a matrimonial life. The child is also living with PW.1 only and that PW.1 is taking care of daughter happily and the child will be safe in the hands of PW.1 only as the Respondent is addicted to bad vices. The Respondent deserted PW.1 and he is purposely abandoning

PW.1 and he neglected PW.1 to lead a matrimonial life. Hence, PW.1 filed this Petition for dissolution of the marriage in between PW.1 and

Respondent by way of decree of divorce on the ground of cruelty.

7.The evidence of PW.1 coupled with Ex.P1 proved that the marriage of PW1 with the respondent was performed on 23.01.2015.

Accordingly, it is proved that PW.1 and the respondent are wife and husband. Further, the unchallenged testimony of PW.1 also established and proved that the cruelty of respondent against PW.1, and they are residing separately since 08-03-2020. Therefore, there is no possibility for re-union of PW1 with respondent. Since, the respondent did not enter into witness box to give evidence, an adverse inference can be drawn and the cruelty of the respondent against PW.1 is proved. Thus, there is separation between PW.1 and respondent since 08-03-2020 preceding this petition and there is no ray of hope for re-union to lead happy marital life by PW.1 with respondent.

8.For the reasons stated above, it is established that the marriage of PW.1 with respondent was performed on 23.01.2015 as per Ex.P1 wedding card and the evidence of PW.1. Further that, the respondent caused cruelty against PW.1. There is separation between PW.1 and respondent since 08-03-2020 preceding this petition. Therefore, it is

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APKU070004512025 held that the Petitioner is entitled for decree of divorce by dissolving the marriage on the ground of cruelty of respondent. Accordingly, the point is answered.

RESULT:

In the result, this petition is allowed and the marriage between the petitioner and respondent is dissolved by way of decree of divorce.

In the circumstances of the case, the parties are do bear their own costs.

Typed to my dictation directly on computer by the Steno, corrected, signed and pronounced by me in the Open Court, on this the 24th day of April, 2026.

Sd/-. B.Kiran Kumar,

II Additional Civil Judge (Senior Division) , Nandyal.

APPENDIX OF EVIDENCE

(Witness examined)

For the Petitioner: For the Respondent:

P.W.1:Angadi Jayasree-None- Exhibits Marked

For the Petitioner:

Ex.P1: Wedding card

Ex.P2: Photos with corresponding pen-drive

Ex.P3: Whats app messages sent by the Respondent to the petitioner demanding and threatening the petitioner for divorce with corresponding pen-drive

Ex.P4: Office copy of Registered Legal Notice issued to the Respondent on behalf of the petitioner dated 03.11.2025

Ex.P5: Served postal receipt and acknowledgement

For the Respondent:-Nil-

Sd/-. B.Kiran Kumar,

II Additional Civil Judge (Senior Division) , Nandyal.

HMOP.No.166/2025 Page No.8

IN THE COURT OF ASSISTANT SESSIONS JUDGE, ALLAGADDA.

Present:- Sri B. Kiran Kumar, II Addl. Assistant Sessions Judge, Nandyal, FAC Assistant Sessions Judge, Allagadda.

Friday, the 10th day of November, 2023.

Sessions Case No.125 of 2020

(PRC No.15/2019 on the file of Judicial Magistrate of First Class, Allagadda, connected with Cr.No.81/2019 of Sirvella P.S.)

State represented by the Sub Inspector of Police, Sirvella Police Station. … Complainant

Versus

1. Giddaluru Yelia, S/o Late Sathyam, aged 30 years,

2. Giddaluru Marthamma, W/o Yelia, aged 25 years, Both are R/o S.C.Colony, Boilakuntla village, Sirvel Mandal. … Accused

This Sessions case coming up today i.e., 10.11.2023 before me for final hearing in the presence of Additional Public Prosecutor for the State/ Complainant, and of Sri P. Suryanarayana Reddy, Advocate for the Accused, upon hearing the arguments on both sides, having perused the material on record, and the matter having stood over for consideration till this day, this Court delivered the following:-

J U D G M E N T

The Sub-Inspector of Police, Sirvel P.S. filed charge sheet in

Cr.No.81/2019 for the offence punishable under Sections 323, 355, 306 r/w 34 of Indian Penal Code (in short noted as IPC hereinafter).

2.The facts of the prosecution case as narrated in the Charge

Sheet, in brief, are as follows:

The deceased Chennuru Meramma is resident of Yallur village, Gospadu

Mandal and daughter of G.Prakasamma (LW4). About 15 years ago, the marriage of the deceased took place with one Giddaluru Purushotham (LW1) and blessed with one son and one daughter. The accused A1, LW1-

S.C.No.125/2020 Page No. 1

G.Purushotham and LW3-G.Kiran are own brothers and are residing separately in the houses situated side by side. There are ill feelings between them over cooking in front of their house and place of oven, and in that connection now and then they used to quarrel, and on that mediation was also held before elders.

While so, on 06.04.2019 the accused A2 quarreled with the deceased

Meramma over place of oven, abused her in vulgar language and thrown her to down, beat her with hands and legs, and A1 also abused the deceased in vulgar language, beat her with chappal on her face and abetted her to die.

The deceased received injuries on face, left side above eye, right cheek.

During galata LW1 and his daughter LW2-G.Deva Kumari intervened and rescued the deceased and pacified her. But the deceased due to attack of A1 and A2 with chappal, felt insult and cried all over night. On 07.04.2019 at about 5.00 AM, the deceased left the house on the pretext that she is going to

Church for deeksha, went to backside of their house and committed suicide by hanging to the branch of Kanuga tree with saree. Lws.1 and 2 searched for her and found the death of deceased. The deceased committed suicide due to abetment of A1 and A2.

Basing on the report of LW1/G. Purushotham, a case in Cr.No.81/2019

U/s.323, 355, 306 r/w 34 IPC of Sirvel P.S. was registered and investigated by the S.I. of Police (LW11). On 07.04.2019 the S.I. of Police (LW11) examined the blood relatives of deceased and conducted inquest over dead body of the deceased, examined the witnesses, recorded their statements and examined the scene of offence.

On 06.05.2019 the S.I. of Police (LW11) arrested the accused A1 and A2 and sent them to Court for judicial remand. The Medical Officer (LW10),

S.C.No.125/2020 Page No. 2

District Hospital, Nandyal who conducted autopsy over the dead body of the deceased Meramma opined that the deceased died due to “Mechanical Asphyxia due to hanging”, 10-12 hours prior to P.M. examination.

Thus, the accused A1 and A2 abetted the deceased Meramma by beating with chappal which lead her suicidal death, liable for punishment U/s.323, 355, 306 r/w 34 IPC. Hence the charge.

3. The learned Judicial Magistrate of I Class, Allagadda has taken this case on file Under Sections 323, 355, 306 r/w 34 of IPC against the accused vide PRC No.15/2019. On appearance of the accused, copies of documents were furnished to them as required U/s.207 of Cr.P.C.

4. As the offence under Section 306 IPC is exclusively triable by the

Court of Session, the Judicial Magistrate of I Class, Allagadda committed this case to the Hon’ble Principal District & Sessions Judge, Kurnool U/Sec.209 of

Cr.P.C., in turn the Hon'ble Principal District & Sessions Judge, Kurnool made over this case to this court for disposal according to law.

5. On appearance of the accused 1 & 2, they were examined

U/Sec.228 of Cr.P.C., and on hearing prosecution and defence, charges under

Sec.323, 355, 306 r/w 34 of IPC against the accused are framed, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.

6. During the course of trial, to substantiate its case, the prosecution has examined PWs.1 to 3, and got marked Exs.P1 to P4.

7. After closure of the evidence on prosecution side, this Court is of the opinion that there is no incriminating material placed against the accused

S.C.No.125/2020 Page No. 3

since material witnesses ie., Pws.1 to 3 turned hostile, as such examination of accused under Section 313 Cr.P.C. is dispensed with.

8. Heard both sides.

9. Now the point for determination is:

Whether the prosecution established the guilt of accused No.1 to 5 for offence punishable under Sections 323, 355 and 306 r/w 34 of

IPC beyond all reasonable doubt ?

10.POINT:-

a) PW1 is the husband of deceased Meramma and the accused i.e., A1 is his own younger brother and A2 is wife of A1. PW1 categorically deposed that his wife committed suicide by hanging due to altercation with A1 and A2. PW1 further deposed that on the date of incident he went to coolie work at Gopavaram and returned at 9.30 PM and found the deceased lying on the cot as dead. PW1 also deposed that he put his signature marked as Ex.P1 on document i.e., report given to police without knowing the contents and the police did not examine him.

b) PW2 who is the daughter of deceased Meramma deposed that she do not know how her mother died. Her father/PW1 informed her over phone that her mother died by falling down on slip on the ground. PW3 who is the younger brother of PW1 deposed that he do not know how the deceased died and he was not examined by police.

c) Since Pws.1 to 3 did not support the prosecution case, and deposed nothing against the accused, the learned APP treated them as hostile, on permission by this Court and their Sec.161 Cr.P.C. statements are marked as

Exs.P2 to P4. There is no whisper in the evidence of PWs.1 to 3 against the

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accused which lead the deceased to commit suicide due to the abetment of the accused. The prosecution did not examine the rest of the witnesses in view of the hostile evidence of Pws.1 to 3 who are none other than the husband, daughter and brother-in-law of deceased Meramma. There is no evidence available on record to establish and prove that the deceased committed suicide due to the abetment of accused, in order to held the accused to be guilty for the offence punishable U/s323, 355 & 306 r/w 34 of IPC.

11. For the reasons stated above, it is held that the prosecution failed to establish the guilt of the accused as per the charge levelled against them

U/s.323, 355 & 306 r/w 34 of IPC.

12. In the result, the Accused A1 and A2 are found not guilty for the offence punishable under Sections 323, 355 & 306 r/w 34 of IPC and they are acquitted under Section 235 (1) of Cr.P.C. The bail bonds of accused shall be in force for a period of six months as contemplated under Section 437-A of

Cr.P.C. The unmarked case property, if any, shall be destroyed after expiry of appeal time.

Typed by the Stenographer Gr-II directly on the Computer to my dictation, corrected and pronounced by me in the open court, this the 10th day of November, 2023.

II ADDL. ASSISTANT SESSIONS JUDGE,

NANDYAL,

FAC

ASSISTANT SESSIONS JUDGE,

ALLAGADDA.

Appendix of Evidence Witnesses Examined For Prosecution : P.W.1:Giddalur Purushotham P.W.2:Giddalur Deva Kumari P.W.3:Giddalur Kiran

S.C.No.125/2020 Page No. 5

For Defence :None Exhibits Marked For Prosecution : Ex.P1: Signature of PW1 on the report. Ex.P2: Sec.161 Cr.P.C. statement of PW1 Ex.P3: Sec.161 Cr.P.C. statement of PW2 Ex.P4: Sec.161 Cr.P.C. statement of PW3

For Defence: Nil

Material objects marked: Nil

II AASJ, NDL,

FAC ASJ, ALG.

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IN THE COURT OF THE ASSISTANT SESSIONS JUDGE, ALLAGADDA.

Present:- Sri B. Kiran Kumar, II Addl. Assistant Sessions Judge, Nandyal, FAC Assistant Sessions Judge, Allagadda.

Friday, the 10th day of November, 2023.

Sessions Case No.125 of 2020

TABULAR STATEMENT UNDER RULE 67 OF Crl.R.P.

(PRC No.15/2019 on the file of Judicial Magistrate of First Class, Allagadda, connected with Cr.No.81/2019 of Sirvella P.S.) (1)NAME OF THE COMPLAINANT : State : Sub-Inspector of Police, Sirvella Police Station. (2) DESCRIPTION OF THE ACCUSED:

1. Giddaluru Yelia, S/o Late Sathyam, aged 30 years,

2. Giddaluru Marthamma, W/o Yelia, aged 25 years, Both are R/o S.C.Colony, Boilakuntla village, Sirvel Mandal.

(3)DATES OF :

Occurrence: 07.04.2019

Complaint: 07.04.2019

Apprehension: 06.05.2019

Committal Order: 10.01.2020

Commencement of trial : 10.11.2022

Closure of trail: 10.11.2023

Sentence or Order: 10.11.2023 (4)Offence/Charge: U/Sec.323, 355 & 306 r/w 34 of IPC (5)Plea of accused: Not guilty.

(6) Finding of Court: Not guilty.

(7) SENTENCE OR ORDER : In the result, the Accused A1 and A2 are found not guilty for the offence punishable under Sections 323, 355 & 306 r/w 34 of IPC and they are acquitted under Section 235 (1) of Cr.P.C. The bail bonds of accused shall be in force for a period of six months as contemplated under Section 437-A of Cr.P.C. The unmarked case property, if any, shall be destroyed after expiry of appeal time.

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(8) EXPLANATION FOR THE DELAY: The Judicial Magistrate of First Class,

Allagadda committed this case as P.R.C.No.15/2019 to Hon'ble Sessions

Division, Kurnool District on 10.01.2020, and the same is numbered as this case by the Hon'ble Sessions Court, Kurnool and made over the same to this court on 06.06.2020 for disposal according to law and this court received the same on 12.06.2020. On 05.09.2023 accused No.1 & 2 are examined U/Sec.228 Cr.P.C. and charge U/Sec.323, 355 & 306 r/w 34 of

I.P.C against Accused framed, they pleaded not guilty and claimed to be tried. In this case, trial is commenced on 10.11.2023 and concluded on 10.11.2023. During the trial period, PW.1 to PW.3 were examined Exs.P1 to

P4 marked. In view of hostile evidence examination U/Sec.313 Cr.P.C. is dispensed with, and Judgment pronounced in the open court (vide separate judgment) on the same day.

II ADDL. ASSISTANT SESSIONS

JUDGE,

NANDYAL,

FAC

ASSISTANT SESSIONS JUDGE,

ALLAGADDA.

Copy submitted to

1. The Hon’ble Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi through the Hon’ble Principal District & Sessions Judge, Kurnool.

2. The Hon’ble Principal District & Sessions Judge, Kurnool.

Copy to

3. The Superintendent of Police, Nandyal.

4. The Judicial Magistrate of the First Class, Allagadda.

5. The Additional Public Prosecutor, Allagadda.

S.C.No.125/2020 Page No. 8

S.C.No.125/2020 Page No. 9

IN THE COURT OF THE SENIOR CIVIL JUDGE, ALLAGADDA

File No: - Original Suit No: 147 of 2017

Suit is Registered on: - 02-11-2017

Date of hearing and Judgment delivered on: -

Friday, this the 10 th day of November, 2023

Judgment Delivered by:-

Sri KIRAN KUMAR. B., II Addl. Senior Civil Judge,

Nandyal, FAC Senior Civil Judge, Allagadda. Plaintiff:- Pidathala Abraham, S/o Ratnamaiah, aged about 40 years, Hindu, Cultivation, R/o H.No.1/84, Bheemunipadu Village, Koilakuntla Mandal, Kurnool District.

Vs.

Defendant:-

Bodanam Naganna, S/o Ananda Rao @ Obanna, aged about 53 years, Hindu, Employee, working as A.E. Panchayat Raj Department, Adoni, R/o Bheemunipadu village, Koilakuntla Mandal, Kurnool District.

Representation:

The counsel for plaintiff:- Sri B. Neelakanteswaram & Sri E.Mallikarjuna Reddy

The Counsel for defendant:- Sri G. Guruvaiah

The present suit is coming before me for final hearing and having been perused the material on record, and stood over for consideration till this day, this court doth deliver the following:-

J U D G M E N T

The present suit is filed for recovery of Rs.7,14,716/- being the

principal and interest due under three suit promissory notes executed by the

defendant in favour of the plaintiff on 02.11.2014, 26.05.2015 & 26.05.2015 respectively, and for costs of the suit.

02.The averments of plaint in nutshell as follows:

OS.No.147/2017 Page.No.1

a) That on 02.11.2014 the defendant borrowed an amount of

Rs.74,800/- from the plaintiff for his family expenses and executed a promissory note in favour of plaintiff at Bheemunipadu village agreeing to repay the same with interest at the rate of 24% per annum.

b) Again on 26.05.2015 the defendant borrowed an amount of

Rs.2,00,000/- and Rs.1,70,000/- in total Rs.3,70,000/- from the plaintiff for his family expenses and executed two promissory notes in favour of plaintiff at Bheemunipadu village agreeing to repay the same with interest at the rate of 24% per annum.

c)It is further submitted that inspite of several repeated oral demands made by the plaintiff, the defendant did not choose to repay any portion of the debt under suit promissory note. Hence, the plaintiff is constrained to institute the present suit.

03.Whereas, the Defendant filed written statement denying all the allegations of the plaint and pleaded that,

1. The plaintiff and defendant belongs to same village and there were previous transactions between them, but not on the dates as mentioned in the suit promissory notes.

2. It is further pleaded that the suit promissory notes are obtained by the plaintiff only as a collateral security for the transactions took place between them in the year 2010 when the defendant took Rs.1,00,000/- from the plaintiff, and the plaintiff obtained the above said three suit promissory notes.

3. It is further pleaded that the amounts mentioned in the suit together with interest has already been discharged by the defendant when the plaintiff approached the defendant for collection of previous transaction i.e., Rs.1,00,000/- amount taken in the year 2010, but the plaintiff evaded making endorsement of payments made by the

OS.No.147/2017 Page.No.2

defendant. No consideration was passed on the above alleged promissory notes.

Thus, the defendant denied the pleadings of the plaint and prays to dismiss the suit with costs.

04.Based on the above pleadings of both Plaintiff and Defendant, the following issues are framed:-

1. Whether the suit pronotes are true, valid and binding on the defendant?

2. Whether the plaintiff is entitled for suit claim as prayed for?

3. Whether suit pronotes obtained for collateral security purpose and discharged the debt to plaintiff by defendant as contended by defendant?

4. To what relief?

05.During the course of trial, the Plaintiff himself was examined as PW1 by the way of affidavit in lieu of examination-in-chief which is considered as

Evidence-in-Chief after ascertaining on oath and exhibited Exs.A1 to A3 documents. On behalf of the defendant none were examined and no documents marked.

Appreciation of evidence:

06.Issues No.1 to 3:

(a) The plaintiff was examined as PW1 by way of chief examination affidavit in lieu of chief examination evidence and testified that the defendant borrowed an amount of Rs.74,800/- on 02.11.2014, and

Rs.2,00,000/- on 26.05.2015 and again Rs.1,70,000/- on the same day agreeing to repay with interest @ 24% P.A. and duly executed Exs.A1 to A3 pronotes in favour of PW1.

OS.No.147/2017 Page.No.3

b) PW1 further testified that inspite of several oral demands by

PW1, the defendant did not choose to repay the amounts due under Exs.A1 to A3 for which PW1 was constrained to institute the present suit for recovery of suit amount due under Exs.A1 to A3 with interest and costs.

c)In the cross examination it is specifically elicited that Exs.A1 to

A3 pronotes are scribed at the house of PW1 at about 8.30 AM respectively on the said dates. Further, it is also elicited that the defendant himself brought the pronotes which was executed on 02.11.2014 and the pronotes which were executed on 26.05.2015. PW1 was subjected to cross examination at length and there is nothing elicited except that Exs.A1 to A3 were executed by defendant agreeing to repay the said amounts @ 24% P.A.

d)On perusal of Exs.A1 to A3 it is very clear that those documents are self scribed by the defendant and the attestor by name P.Yesaiah was not examined by the defendant to establish that the said Exs.A1 to A3 were executed towards the collateral security for the amount borrowed from PW1 in the year 2010. The contention of the defendant that Exs.A1 to A3 were executed towards collateral security for the amounts borrowed from PW1 in the year 2010, but Exs.A1 to A3 did not disclose any such endorsement to establish the same. Further there is no evidence adduced by the defendant and also the defendant did not choose to examine himself or the scribe to establish that Exs.A1 to A3 were not executed for the amounts borrowed on 02.11.2014 and 26.05.2015 from PW1. There is no such endorsement or evidence of discharge by the defendant to the earlier debt or the present debt under Exs.A1 to A3 on behalf of defendant. Since the defendant did not choose to enter into the witness box, an adverse inference can be drawn and the evidence of PW1 established and proved that Exs.A1 to A3 are executed by the defendant himself in his own handwriting and scribed

Exs.A1 to A3 and the same is proved. The plaintiff also proved that the date

OS.No.147/2017 Page.No.4

and time of execution of Exs.A1 to A3 and that the consideration is passed under Exs.A1 to A3 to the defendant. Therefore, the presumption under

Sec.118 Negotiable Instrument Act operates in favour of the plaintiff and it is not rebutted by the defendant. Hence, it is held that the Plaintiff is entitled for the suit claim as prayed for. Accordingly, issues No.1 to 3 is answered in favour of the Plaintiff and against the defendants.

07.Issue No.4 :

In the result, the suit is decreed with costs against the

defendant for an amount of Rs.7,14,716/- with subsequent interest at

12% p.a. from the date of the suit till the date of decree and

thereafter with future interest @ 6% p.a. from the date of decree till

the date of realization on the Principle amount of Rs.4,44,800/-

(Rs.74,800/- + 2,00,000/- + 1,70,000/-).

Partly dictated to the Stenographer Gr-II, partly typed to my dictation directly on computer, corrected and pronounced by me in open Court, this the 10th day of November, 2023.

II Addl.Senior Civil Judge, Nandyal, FAC Senior Civil Judge, Allagadda.

Appendix of Evidence

Witnesses Examined.

For Plaintiff For Defendant P.W.1: P. Abraham-Nil-

Exhibits marked for the plaintiff.

Ex.A1: Promissory note, dated 02.11.2014 for Rs.74,800/-. Ex.A2: Promissory note, dated 26.05.2015 for Rs.2,00,000/-. Ex.A3: Promissory note, dated 26.05.2015 for Rs.1,70,000/-.

Exhibits marked for the Defendant.

-Nil-

II ASCJ, NDL,

OS.No.147/2017 Page.No.5

FAC SCJ, ALG.

OS.No.147/2017 Page.No.6

IN THE COURT OF THE SENIOR CIVIL JUDGE, ALLAGADDA.

Present: Sri B. Kiran Kumar, II Addl. Senior Civil Judge, Nandyal,

FAC Senior Civil Judge, Allagadda.

Friday, the 10th day of November, 2023.

Original Suit No.147 of 2017

Pidathala Abraham, S/o Ratnamaiah, aged about 40 years, Hindu, Cultivation, R/o H.No.1/84, Bheemunipadu Village, Koilakuntla Mandal, Kurnool District. … Plaintiff

Versus

Bodanam Naganna, S/o Ananda Rao @ Obanna, aged about 53 years, Hindu, Employee, working as A.E. Panchayat Raj Department, Adoni, R/o Bheemunipadu village, Koilakuntla Mandal, Kurnool District. … Defendant

The plaintiff filed the suit under Order VII Rule 1 of Code of Civil Procedure against the defendant for recovery of Rs.7,14,716/- being the

principal and interest due under three suit promissory notes executed by the

defendant in favour of the plaintiff on 02.11.2014 and 26.05.2015 for Rs.4,44,800/- (Rs.74,800/- + Rs.2,00,000/- + Rs.1,70,000/-) agreeing to repay the same with interest at 24% per annum, and inspite of several demands, the defendant failed to repay the debt covered under the said promissory notes. Hence, the suit for recovery of suit amount and for costs.

Plaint presented on 01.11.2017 and filed on 02.11.2017. J.V. of Rs.7,14,716/- and Court fee of Rs.14,478/- is paid under Section 20 of A.P.C.F & S.V. Act, 1956.

Cause of action for the suit arose on 02.11.2014 and 26.05.2015, when the defendant borrowed the amount from the plaintiff and executed three promissory notes in favour of the plaintiff at Bheemunipadu village, Koilakuntla Mandal, Kurnool District, which is within the jurisdiction of this Court.

This suit is coming up for final hearing before me on 10.11.2023 in the presence of Sri B. Neelakanteswaram & Sri E.Mallikarjuna Reddy, Advocates for the Plaintiff and of Sri G. Guruvaiah, Advocate for the Defendant, upon hearing both sides, this Court doth Order and passed the decree as follows:-

1) That the defendant do pay an amount of Rs.7,14,716/- to the plaintiff with future interest at 12% per annum from the date of suit till the date of decree and thereafter, at 6% per annum from the date of decree till the date of realization on the principal amount of Rs.4,44,800/-;

OS.No.147/2017 Page.No.7

: 2 :

2) That the defendant do also pay to the plaintiff a sum of Rs.45,600/- being the costs of the suit.

Given under my hand and seal of this Court, this the 10th day of November, 2023.

II Addl.Senior Civil Judge, Nandyal, FAC Senior Civil Judge, Allagadda.

Table of Costs For Plaintiff For Defendant Rs. Rs. Stamp on Plaint 14,478-00--- Stamp on vakalath2-002-00 Stamp on process65-00--- Senior Advocate fee23,141-00Nil (not certified) Junior Advocate fee7,714-00Nil (not certified) Writing Charges100-00--- Typing Charges100-00--- Total: 45,600-00 2-00

II ASCJ, NDL,

FAC SCJ, ALG.

OS.No.147/2017 Page.No.8

THE COURT OF ASSISTANT SESSIONS JUDGE, ALLAGADDA.

Present:- Sri B. Kiran Kumar, II Addl. Assistant Sessions Judge, Nandyal, FAC Assistant Sessions Judge, Allagadda.

Friday, the 01st day of December, 2023.

Sessions Case No.251 of 2019

(PRC No.3/2019 on the file of Judicial Magistrate of First Class, Allagada, connected with Cr.No.128/2018 of Sirvella P.S.)

State represented by the Sub Inspector of Police, Sirvella Police Station.… Complainant

Versus

Manyam Dora Swamy, S/o Manyam Vuseni, aged 35 years, Native of Anjaneya Swami Kottala Village, Mahanandi Mandal, now residing in Boilakuntla Village, Sirvella Mandal. … Accused

This Sessions case coming up today i.e., 01.12.2023 before me for final hearing in the presence of Additional Public Prosecutor for the State/ Complainant, and of Sri G. Dadapeer, Advocate for the Accused, upon hearing the arguments on both sides, having perused the material on record, and the matter having stood over for consideration till this day, this Court delivered the following:-

J U D G M E N T

The Sub-Inspector of Police, Sirvella P.S., i.e., Investigating Officer filed charge sheet in Cr.No.128/2018 for the offences punishable under Sections 498-A, 324, 307 of Indian Penal Code (in short noted as IPC hereinafter) against the accused.

2.The facts of the prosecution case as narrated in the Charge

Sheet, in brief, are as follows:

The defacto complainant/LW1 Manyam Rani is resident of Boilakuntla village, Sirivella Mandal and living by doing coolie works. About 10 years ago, the marriage of LW1 was performed with the accused and they are blessed

S.C.No.251/2019 Page No. 1

with one daughter. Since their marriage, the accused used to suspect the fidelity of LW1 and harassed her by consuming alcohol, both physically and mentally. Subsequently, LW1 migrated her family from Anjaneya Swamy

Kottala to her native Boilakuntla village and residing in a shed which belongs to LW2 (Gosula Nagamma) and living by doing coolie works. Though several panchayats held, the attitude of the accused was not changed, and that on 15.11.2018 at 20.00 hours, while LW1 and accused together sat for meals, then the accused made an altercation with LW1 and quarreled with her suspecting her fidelity and said that “he would kill her with axe, who will come to support her and if LW1 die then he would get peace of mind”, and so saying the accused beat on the head of LW1 with an axe and caused severe bleeding injury on her back of head. On hearing the cries of LW1, Lws.2, 3, 5 to 7 came to her rescue and the accused ran away. Then Lws.2 & 3 (G.

Nagamma and G.Samel) shifted the injured LW1 to Government Hospital,

Nandyal for treatment.

Basing on the report of LW1/Manyam Rani, the Head Constable (LW13) a case in Cr.No.128/2018 U/s.498-A, 307 IPC of Sirvella P.S. was registered and investigated into. During course of investigation on 16.11.2018, LW13 examined the witnesses, recorded their statements, visited the scene of offence, prepared rough sketch of the scene, seized crime weapon, arrested the accused and recorded his confessional statement in the presence of Panchayatdars.

The Medical Officer Dr. K.Priyadarshini (LW12), Government Hospital,

Nandyal treated the injured LW1 and opined that the injury of LW1 is simple in nature.

S.C.No.251/2019 Page No. 2

Thus, the accused harassed his wife (LW1) both physically and mentally and attacked her with an intention to kill her and the accused is liable for punishment U/s.498-A, 324, 307 IPC as per prosecution in charge sheet.

3. The learned Judicial Magistrate of I Class, Allagadda has taken cognizance of the case under Sections 498-A, 324, 307 of IPC against the accused vide PRC No.3/2019. On appearance of the accused, the copies of documents were furnished to him in compliance of Section 207 of Cr.P.C.

4. Since the offence under Section 307 of IPC is exclusively triable by the Court of Session, the Learned Judicial Magistrate of I Class, Allagadda committed this case to the Hon’ble Principal District & Sessions Judge,

Kurnool U/Sec.209 of Cr.P.C., in turn the Hon'ble Principal District & Sessions

Judge, Kurnool made over this case to this court for disposal according to law.

5. On appearance of the accused, he was examined U/Sec.228 of

Cr.P.C., and on hearing prosecution and defence, the Charges under Sec.498-A, 324, 307 of IPC against the accused are framed, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.

6. During the course of trial, to substantiate its case, the prosecution has examined PWs.1 and 2, and exhibited Exs.P1 to P3.

7. After closure of the evidence on prosecution side, this Court is of the opinion that there is no incriminating material placed against the accused since material and injured witnesses PWs.1 & 2 turned hostile, as such examination of accused under Section 313 Cr.P.C. is dispensed with as it would be a futile exercise.

S.C.No.251/2019 Page No. 3

8. Heard both sides.

9. Now the point for determination is:

Whether the prosecution established the guilt of accused for offence punishable under Section 498-A, 324, 307 IPC?

10.POINT:-

(a) PW1 who is the defacto complainant/victim and injured who is wife of accused categorically deposed that on 15.11.2018 at about 8.00 PM, after dinner while she was coming down from upstairs and fell down due to slip and sustained injuries on her head, and she was shifted to Government

General Hospital, Kurnool by PW2. The Police recorded her statement in hospital i.e., Ex.P1. PW1 further deposed that police did not examine her after recording Ex.P1.

(b)PW2 who is the mother of PW1 categorically deposed that PW1 sustained injuries by falling down from steps in their house. Since both Pws.1 and 2 did not depose anything adverse to the accused, the learned APP was permitted to treat them hostile and hence their Sec.161 Cr.P.C statements are marked as Exs.P2 & P3 respectively.

11.There is no whisper in the evidence of PWs.1 and 2 against the accused that PW1 was beaten with an axe by the accused with an intent to kill her. The prosecution did not examine the rest of the witnesses in view of the hostile evidence of Pws.1 & 2.

12. For the reasons stated above, it is held that the prosecution failed to establish the guilt of the accused as per the charges levelled against him

U/s.498-A, 324, 307 of IPC.

S.C.No.251/2019 Page No. 4

13. In the result, the Accused is found not guilty for the offence punishable under Sections 498-A, 324, 307 of IPC and he is acquitted under

Section 235 (1) of Cr.P.C. The bail bonds of accused shall be in force for a period of six months as contemplated under Section 437-A of Cr.P.C. The unmarked case property, if any, shall be destroyed after expiry of appeal time.

Typed to dictation by the Stenographer Gr-II directly on the Computer, corrected and pronounced by me in the open court, this the 01st day of December, 2023.

II ADDL. ASSISTANT SESSIONS JUDGE,

NANDYAL,

FAC ASSISTANT SESSIONS JUDGE,

ALLAGADDA.

Appendix of Evidence Witnesses Examined For Prosecution : P.W.1:M. Rani P.W.2:G. Nagamma

For Defence :None Exhibits Marked For Prosecution : Ex.P1: Complaint of PW1 given to Police. Ex.P2: Sec.161 Cr.P.C. statement of PW1. Ex.P3: Sec.161 Cr.P.C. statement of PW2.

For Defence: Nil

Material objects marked: Nil

II AASJ, NDL,

FAC ASJ, ALG.

S.C.No.251/2019 Page No. 5

THE COURT OF ASSISTANT SESSIONS JUDGE, ALLAGADDA.

Present:- Sri B. Kiran Kumar, II Addl. Assistant Sessions Judge, Nandyal, FAC Assistant Sessions Judge, Allagadda.

Friday, the 01st day of December, 2023.

Sessions Case No.251 of 2019

TABULAR STATEMENT UNDER RULE 67 OF Crl.R.P.

(PRC No.3/2019 on the file of Judicial Magistrate of First Class, Allagada, connected with Cr.No.128/2018 of Sirvella P.S.) (1)NAME OF THE COMPLAINANT : State : Sub-Inspector of Police, Sirvella Police Station. (2) DESCRIPTION OF THE ACCUSED:

Manyam Dora Swamy, S/o Manyam Vuseni, aged 35 years, Native of Anjaneya Swami Kottala Village, Mahanandi Mandal, now residing in Boilakuntla Village, Sirvella Mandal.

(3)DATES OF :

Occurrence: 15.11.2018

Complaint: 16.11.2018

Apprehension: 16.11.2018

Committal Order: 16.05.2019

Commencement of trial : 01.12.2023

Closure of trail: 01.12.2023

Sentence or Order: 01.12.2023 (4)Offence/Charge: U/Sec.498-A, 324, 307 of IPC (5)Plea of accused: Not guilty.

(6) Finding of Court: Not guilty.

(7) SENTENCE OR ORDER : In the result, the Accused is found not guilty for the offence punishable under Sections 498-A, 324, 307 of IPC and he is acquitted under Section 235 (1) of Cr.P.C. The bail bonds of accused shall be in force for a period of six months as contemplated under Section 437-A of Cr.P.C. The unmarked case property, if any, shall be destroyed after expiry of appeal time.

(8) EXPLANATION FOR THE DELAY: The Judicial Magistrate of First Class, Allagadda committed this case as P.R.C.No.3/2019 to Hon'ble Sessions Division, Kurnool District on 16.05.2019, and the same is numbered as this case by the Hon'ble Sessions Court, Kurnool and made over the same to this court on 22.08.2019 for disposal according to law and this court received the same on 26.08.2019. On 11.07.2023 accused was examined U/Sec.228 Cr.P.C. and charge U/Sec.498-A, 324, 307 of I.P.C against Accused framed, they pleaded not guilty and claimed to be tried. In this case, trial is commenced on 01.12.2023 and concluded on 01.12.2023. During the trial period, PW1 and PW2 were examined Exs.P1 to P3 marked. In view of hostile evidence examination U/Sec.313 Cr.P.C. is dispensed with, and Judgment pronounced in the open court (vide separate judgment) on the same day i.e., 01.12.2023.

II ADDL. ASSISTANT SESSIONS JUDGE,

NANDYAL,

FAC ASSISTANT SESSIONS JUDGE,

ALLAGADDA.

Copy submitted to

1. The Hon’ble Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi through the Hon’ble Principal District & Sessions Judge, Kurnool.

2. The Hon’ble Principal District & Sessions Judge, Kurnool.

Copy to

3. The Superintendent of Police, Kurnool.

4. The Judicial Magistrate of the First Class, Allagadda.

5. The Additional Public Prosecutor, Allagadda.

IN THE COURT OF ASSISTANT SESSIONS JUDGE, ALLAGADDA.

Present:- Sri B. Kiran Kumar, II Addl.Assistant Sessions Judge, Nandyal, FAC Assistant Sessions Judge, Allagadda.

Friday, the 17th day of November, 2023.

Sessions Case No.60 of 2023

(PRC No.56/2022 on the file of Judicial Magistrate of First Class, Allagadda, connected with Cr.No.72/2022 of Rudravaram P.S.) -----------------------------------------------------------------------------------------------------

Between:

State represented by the Sub Inspector of Police, Rudravaram Police Station. … Complainant

And

D.Anjaneyulu @ Anji, S/o Ellalu, aged 32 years, R/o H.No.1-178, R.Krishnapuram Village, Allagadda Mandal. … Accused

This Sessions case coming up today i.e., 17.11.2023 before me for final hearing in the presence of Additional Public Prosecutor for the State/Complainant, and of Smt.N.Saritha, Advocate for accused, upon hearing the arguments on both sides, having perused the material on record, and the matter having stood over for consideration till this day, this Court delivered the following:-

J U D G M E N T

The Sub-Inspector of Police, Rudravaram P.S. filed charge sheet in

Cr.No.72/2022 for the offence punishable under Sections 306 of Indian Penal

Code (in short noted as IPC hereinafter).

2.The facts of the prosecution case as narrated in the Charge

Sheet, in brief, are as follows:

LW.1/K Lakshmi Narasamma, LW.2/Kamatham Thatireddy are parents of the deceased Kotkur Jaya Lakshmidevi and they are native of Rudravaram village. About 12 years back the marriage of the deceased Kotkur Jaya

Lakshmidevi was performed with one Kotkur Venkatadri, S/o Venkata Swamy of

Thuvvapalli village, Rudravaram Mandal and survived with one son and one

S.C.No.60/2023 Page

No. 1 daughter. Since about 5 years both deceased Jaya Lakshmidevi and her husband are living separately, and at present since about 3 years the deceased is working as volunteer in Allagadda town and residing in a rented house at

Rudravaram village. During working in the Sachivalayam, Allagadda town the deceased became close with one Anji working as VRO at the same

Sachivalayam and informed to her mother and expressed that she wants to marry him. The mother of deceased replied that they would set right her family with her husband. The accused Anji concealing of his marriage and children, married the deceased without consent of any her relatives. At present since about 2 months the accused Anji started harassing the deceased by commenting her character and her intimacy and told to die for his peaceful manner. The above attitude of accused was informed to the complainant. On 08.04.2022 morning the deceased when she talked with the accused on video call, the accused also abetted the deceased by simple smiling. As a result the deceased committed suicide by hanging to the ceiling fan with sary. The son of deceased namely Neeraj due to close of doors, informed to grandmother/LW1 who came and all they opened the doors of house and found suicidal death of deceased.

Basing on the report of LW.1. SHO/LW.16 registered the case in

Cr.No.72/2022 U/Sec.174 CrPC (death due to hanging) of Rudravaram P.S and submitted FIRs to all concerned officers The S.I/LW.17 took up investigation, held inquest over dead body of the deceased examined the witnesses as LW-1 to LW-6 and recorded their statements, visited the scene of offence, prepared rough sketch of the scene, and seized the sary and mobile of the deceased under cover of Panchanama in presence of panchayatdars. Basing on the

S.C.No.60/2023 Page

No. 2 evidence of witnesses, he altered the section of law U/Sec.306 IPC from Sec.174

Cr.P.C and investigated into.

The Medical Officer/LW.15 Govt. Hospital, Allagadda who conducted autopsy over dead body of the deceased opined that the deceased died asphyxia due to hanging.

The accused got anticipatory bail from the Hon'ble court of V Addl.

District Judge, Allagadda vide Crl.M.P.No.86/2022,dated.09.05.2022. Thus, the

accused abetted the deceased to commit suicide and is liable to be punished

U/Sec.306 IPC. Hence, the charge.

3. The learned Judicial Magistrate of I Class, Allagadda has taken this case on file Under Sections 306 of IPC against the accused vide PRC

No.56/2022. On appearance of the accused, copy of document was furnished to him as required U/s.207 of Cr.P.C.

4. As the offence under Sections 306 of IPC is exclusively triable by the Court of Sessions, the Judicial Magistrate of I Class, Allagadda committed this case to the Hon’ble Principal District & Sessions Judge, Kurnool U/Sec.209 of Cr.P.C., in turn the Hon'ble Principal District & Sessions Judge, Kurnool made over this case to this court for disposal according to law.

5. On appearance Accused, he was examined U/Sec.228 of Cr.P.C., and on hearing prosecution and defence, Charge Under Sec.306 of IPC against the accused is framed, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.

6. During the course of trial, to substantiate its case, the prosecution has examined PWs.1 and 2, and got marked Exs.P1 to P3.

S.C.No.60/2023 Page

No. 3

7. After closure of the evidence on prosecution side, this Court is of the opinion that there is no incriminating material placed against the accused since material witnesses PWs.1 and 2 turned hostile, as such examination of accused under Section 313 Cr.P.C. is dispensed with.

8. Heard both sides.

9. Now the point for determination is:

Whether the prosecution established the guilt of the accused for offence punishable under Sections 306 of IPC beyond all reasonable doubt ?

10.POINT:-

PW1 and PW2 are the parents of deceased K.Jaya Lakshmi Devi. PWs.1 & 2 categorically deposed that their daughter died by hanging herself unable to bear severe stomachache. PW1 further deposed that she has put her signature marked as Ex.P1 on a document i.e., report given to police without knowing the contents. There is no whisper in the evidence of PWs.1 and 2 against the accused which lead the deceased to commit suicide due to the abetment of the accused. The prosecution did not examine the rest of the witnesses in view of the hostile evidence of Pws.1 & 2 who are none other than the parents of deceased Jayalakshmi Devi. There is no evidence available on record to establish and prove that the deceased committed suicide due to the abetment of accused, in order to held the accused to be guilty for the offence punishable

U/s.306 of IPC.

11. For the reasons stated above, it is held that the prosecution failed to establish the guilt of the accused as per the charge levelled against them

U/s.306 of IPC.

12. In the result, the Accused is found not guilty for the offence

S.C.No.60/2023 Page

No. 4 punishable under Section 306 of IPC, and he is acquitted U/s.235 (1) of Cr.P.C.

The bail bond of accused shall be in force for a period of six months as contemplated U/s.437-A of Cr.P.C. The unmarked case property, if any, shall be destroyed after expiry of appeal time.

Typed to my dictation directly on Computer by the Typist, corrected, signed and pronounced by me in the open court, this the 17th day of November, 2023.

II ADDL. ASSISTANT SESSIONS JUDGE,

NANDYAL,

FAC

ASSISTANT SESSIONS JUDGE,

ALLAGADDA.

Appendix of Evidence Witnesses Examined For Prosecution : P.W.1:K.Lakshmi Narasamma P.W.2:K.Thati Reddy

For Defence : None Exhibits Marked For Prosecution : Ex.P1: Report of PW.1. Ex.P2: Sec.161 Cr.P.C. statement of PW.1 Ex.P3: Sec.161 Cr.P.C. statement of PW.2

For Defence: Nil

Material objects marked: Nil

II AASJ,NDL

FAC ASJ,ALG

S.C.No.60/2023 Page

No. 5

IN THE COURT OF ASSISTANT SESSIONS JUDGE, ALLAGADDA.

Present:- Sri B. Kiran Kumar, II Addl.Assistant Sessions Judge, Nandyal, FAC Assistant Sessions Judge, Allagadda.

Friday, the 17th day of November, 2023.

Sessions Case No.60 of 2023

TABULAR STATEMENT UNDER RULE 67 OF Crl.R.P.

(PRC No.56/2022 on the file of Judicial Magistrate of First Class, Allagadda, connected with Cr.No.72/2022 of Rudravaram P.S.) (1)NAME OF THE COMPLAINANT : State : Sub-Inspector of Police, Rudravaram Police Station. (2) DESCRIPTION OF THE ACCUSED:

D.Anjaneyulu @ Anji, S/o Ellalu, aged 32 years, R/o H.No.1-178, R.Krishnapuram Village, Allagadda Mandal. (3)DATES OF :

Occurrence: 08.04.2022

Complaint: 08.04.2016

Apprehension: Obtained Anticipatory Bail.

Committal Order: 10.01.2023

Commencement of trial : 17.11.2023

Closure of trail: 17.11.2023

Sentence or Order: 17.11.2023 (4)Offence/Charge: U/Sec.306 of IPC (5)Plea of accused: Not guilty.

(6) Finding of Court: Not guilty.

(7)SENTENCE OR ORDER : In the result, the Accused is found not guilty for the offence punishable under Section 306 of IPC, and he is acquitted

U/s.235 (1) of Cr.P.C. The bail bond of accused shall be in force for a period of six months as contemplated U/s.437-A of Cr.P.C. The unmarked case property, if any, shall be destroyed after expiry of appeal time.

(8)EXPLANATION FOR THE DELAY: The Judicial Magistrate of First Class,

Allagadda committed this case as P.R.C.No.56/2022 to Hon'ble Sessions

S.C.No.60/2023 Page

No. 6

Division, Kurnool District on 10.01.2023, and the same is numbered as this case by the Hon'ble Sessions Court, Kurnool and made over the same to this court on 10.03.2023 for disposal according to law and this court received the same on 14.03.2023. On 03.11.2023 accused was examined

U/Sec.228 Cr.P.C. and charge U/Sec.306 of IPC against Accused framed, he pleaded not guilty and claimed to be tried. In this case, trial is commenced on 17.11.2023 and concluded on 17.11.2023. During the trial period, PW.1 and PW.2 are examined Exs.P1 to P3 are marked. In view of hostile evidence examination U/Sec.313 Cr.P.C. is dispensed with, and

Judgment pronounced in the open court (vide separate judgment) on the same day.

II ADDL. ASSISTANT SESSIONS JUDGE,

NANDYAL,

FAC ASSISTANT SESSIONS JUDGE,

ALLAGADDA.

Copy submitted to

1. The Hon’ble Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi through the Hon’ble Principal District & Sessions Judge, Kurnool.

2. The Hon’ble Principal District & Sessions Judge, Kurnool.

Copy to

3. The Superintendent of Police, Nandyal.

4. The Judicial Magistrate of the First Class, Allagadda.

5. The Additional Public Prosecutor, Allagadda.

S.C.No.60/2023 Page

No. 7