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IN THE COURT OF THE PRINCIPAL ASSISTANT SESSIONS JUDGE AT
KOTHAGUDEM
Dated this the 1st day of February, 2012
Present:- Sri B.Venkata Ramana, B.A., B.L., Prl.Asst.Sessions Judge, Kothagudem.
SESSIONS CASE NO.419 OF 2010
1.Name of the complainantThe Sub Inspector of Police, P.S., Bhadrachalam Rural
2.Name of the accused1. SAMPANGI RAMESH
2. SAMPANGI SREENU
3. SAMPANGI LAKSHMI
3.Crime Number132 of 2009
4.P.R.C.Number76 of 2010
5.Name of the officer who Judl. I Class Magistrate, committed this caseBhadrachalam.
6.Section of LawU/s 498-A and 306 IPC
7.Prosecution Conducted Sri P.Sambasiva Rao, Addl.Public Prosecutor, Kothagudem
8.Defence conducted bySri P.Srinivasa Rao, Advocate, Kothagudem
9.Plea of the accusedNot guilty
10.Finding of the CourtNot guilty
11.Sentence or OrderIn the result, A-1 to A-3 are acquitted U/s 232 Cr.P.C., for the charges U/s 498-A and 306 IPC. Their bail bonds shall stand cancelled.
This case coming before me for final hearing in the presence of Additional Public Prosecutor for State and of Sri Polina Srinivasa Rao, advocate for accused, upon perusing the material papers on record and upon hearing the arguments and having stood over for consideration, this court delivered the following:- ::: J U D G M E N T ::: This case arises out of charge sheet filed in
Cr.No.132/2010 of P.S., Bhadrachalam Rural.
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2.This accused are facing trial for the commission of offences punishable U/s 498-A and 306 IPC.
3.The gist of the charge sheet is that prior to 28-9-2009 at
Thunikicheruvu village of Bhadrachalam mandal, the accused harassed Sampengi Sharada, mentally and physically and on 28-9- 2009 the accused abetted Sampengi Sharada, for committing suicide. As such, the deceased-Sampengi Sharada on 28-9-2009 committed suicide by swallowing tablets, i.e., Chloroquine and
Paracetamol in high quantity. After registering the case, the investigation officer had investigated and filed charge sheet before the I Addl.Judl. I Class Magistrate, Kothagudem.
4.On filing charge sheet, before the I Addl. Judl. I Class
Magistrate, Kothagudem, the case was taken on file against the
accused U/s 498-A and 306 IPC.
5.Since the offence punishable U/s 306 IPC is exclusively triable by Court of Sessions, The case was committed to the Court of
Sessions, Khammam.
6.On committal, Court of Sessions, Khammam had taken the case on file against the accused U/s 498-A and 306 IPC and made over the case to this court for disposal according to Law.
7.On receipt of case record, after hearing both sides, charges U/s 498-A and 306 IPC against the accused, were framed, readover and explained to the accused in Telugu. The accused denied the charges and claimed to be tried.
8.In order to prove its case the prosecution had examined
PWs-1 to 5 and marked Exs.P-1 to P-6.
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9. As there is no incriminating material in the evidence of
PWs-1 to 5, who are the star witnesses, the Addl.Public Prosecutor for the state had given up the evidence of LW-3 Allakunta Ramesh,
LW-7 Vallepu Laxmi, LW-8 Rajolu China Ramulu, LW-9 Bhukya
Veeramma, LW-10 Dr.M.V.Koti Reddy, LW-11 Dr.E.Swapnika Reddy,
LW-12 Ch.Babu Rao, Tahsildar and LW-13 B.Srinivasulu, S.I. of
Police.
10.On closure of the prosecution evidence, as there is no incriminating material in the evidence of PWs-1 to 5, the examination of the accused U/s 313 Cr.P.C. is dispensed with.
11. Ex.P-1 is the signature of PW-1 on the report. Exs.P- 2 and P-6 are the 161 Cr.P.C. statements of PWs-1 to 5 respectively.
12. LW-1 Allakunta Sammaiah is PW-1. It is his evidence that the deceased Sharada is his daughter. A-1 is the husband of his daughter. A-2 and A-3 are the maternal uncle and maternal aunt of
A-1. The marriage of his daughter was performed with A-1 about six months prior to her death. He presented half tula gold to his daughter and Rs.20,000/- cash as dowry to A-2. His daughter joined
A-1 for marital life. He came to know about the death message of his daughter. He do not know how his daughter died. A-1 looking after his daughter well. Police obtained his signature on a paper.
He do not know the contents of the report. This witness was declared as hostile by the Addl.Public Prosecutor and was cross- examined with reference to his 161 Cr.P.C. statement. LW-2
Allakunta Lakshmi is PW-2. Her evidence is that the deceased
Sharada is her daughter. A-1 is her son in law. The marriage of her daughter was performed about 6 months prior to her death. They 4 gave Rs.10,000/- to A-1 as dowry. They presented house-hold articles worth of Rs.40,000/-. Her daughter joined with A-1 in
Paloncha. A-1 and deceased were lived cordially. Her daughter died. She do not know how she died. This witness was also declared as hostile by the Addl.Public prosecutor and was cross- examined with reference to her 161 Cr.P.C. statement. LW-5
R.Manemma is PW-3. It is her evidence that she know A-1 to A-3 and the deceased Sharada. Sharada died three or four years ago.
She do not know how Sharada died. A-1 and Sharada were lived amicably. This witness was also declared as hostile by the
Addl.Public prosecutor and was cross-examined with reference to her 161 Cr.P.C. statement. LW-4 V.Veeraswamy is PW-4. It is his evidence that he know A-1 to A-3 and the deceased Sharada. A-1 was working with him as coolie at Thunikicheruvu village. A-1 and deceased are living amicably. He do not know how Sharada died.
He never conducted panchayat between Sharada and accused. This witness was also declared as hostile by the Addl.Public prosecutor and was cross-examined with reference to her 161 Cr.P.C.
statement. LW-6 Vallepu Malleswari is PW-5. It is her evidence that
Sharada died about 3 years back. She do not know how she died.
She do not know anything about this case. At the request of police, she signed on some papers. This witness was also declared as hostile by the Addl.Public prosecutor and was cross-examined with reference to her 161 Cr.P.C. statement.
13.Now the point for consideration is whether the prosecution had proved the charge against the accused, beyond reasonable doubt?
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14.POINT:
The case of the prosecution is that this accused harassed the deceased Sharada mentally and physically and abetted the deceased-Sharada for committing suicide but none of the witnesses are speaking that this accused had harassed the deceased-Sharada mentally and cruelly and abetted her for committing suicide. On the other hand, it is the evidence of PWs-1 to 5 that they do not know anything about this case though in the report it is stated that this accused harassed the deceased-Sharada mentally and cruelly and abetted her for committing suicide. Since report cannot become a proving charge as there is no evidence from the prosecution witnesses. Therefore, the accused are entitled for acquittal.
15.In the result, A-1 to A-5 are acquitted U/s 232 Cr.P.C. for the charges U/s 354 IPC. Their bail bonds shall stand cancelled.
Typed to my dictation, transcribed by him, corrected and
pronounced by me in the open court on this the 1st day of February, 2012.
PrlAsst.Sessions Judge, Kothagudem.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution:For Defence: PW-1 : Allakunta Sammaiah -- None – PW-2 : Allakunta Lakshmi PW-3 : R.Manemma PW-4 : Vallepu Veeraswamy PW-5 : Vallepu Malleswari Exhibits Marked For Prosecution:For Defence: Ex.P-1 : Signature of PW-1 on the report. -- Nil -- Ex.P-2 : 161 Cr.P.C. statement of PW-1. Ex.P-3 : 161 Cr.P.C. statement of PW-2. Ex.P-4 : 161 Cr.P.C. statement of PW-3. Ex.P-5 : 161 Cr.P.C. statement of PW-4. Ex.P-6 : 161 Cr.P.C. statement of PW-5. Prl.Asst.Sessions Judge, Kothagudem.