1 of 14 C.C.No. 104 of 2017
IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE-CUM-
JUDICIAL MAGISTRATE OF FIRST CLASS AT SIDDIPET
Present: Smt.B.SADHANA , Prl.Judicial Magistrate of First Class, Siddipet.
Wednesday, the 22nd day of April, 2026
C.C.No. 104 OF 2017
(Cr.No.143/2017 P.S, Siddipet I Town) Between:
The State through the Sub-Inspector of Police, Siddipet I Town Police Station.
....Complainant
// A N D //
A1-Gajje Thirupathi S/o Deshaiah, aged 35 years, Occu: Agril. A2-Gajje Deshaiah S/o Ram Chandraiah, aged 55 years, Occu: Agril. A3-Gajje Laxmi W/o Deshaiah, aged 45 yrs, Occu: Agril.
All are R/o near Govt.School, Komuravelly village & Mandal, Siddipet District.
....Accused
This case is coming before me on 09-04-2026 for final hearing in the presence of Learned Assistant Public Prosecutor for the State and of Sri Md.Rafiuddin, Counsel for the accused and upon hearing both sides, perusing the material on record, this Court made the following:
:: J U D G M E N T ::
1.The Sub-Inspector of police, Siddipet I Town Police Station filed charge sheet against accused A1 to A3 in Cr.No.143/2017 for the offences punishable
U/S.498-A of IPC and Sections 3 and 4 of D.P.Act.
2.The brief facts of the case as mentioned in the charge sheet are as follows:
On 04.05.2017 at 2030 hours the complainant/Smt.Barla Srilatha lodged a report stating that on 29.11.2009 her marriage was performed with A1, at the time of 2 of 14 C.C.No. 104 of 2017 her marriage her parents gave Rs.5 lakhs net cash, 5 tulas gold ornaments and household articles as dowry, they lived happily for four years and she blessed with one son Charan and one daughter Anvitha, since then A1 to A3 were harassed her physically and mentally by demanding additional dowry of Rs.2 lakhs, then she lived in Siddipet separately, her husband and her father-in-law came to her house and took her children forcibly, then held panchayath before the elders, but they did not listen the elders, later held a counseling before the police, but did not change her husband attitude and on 04.05.2017 morning at 11.00 a.m A1 beat her with absurd and abused her in filthy language meantime her sister Barla Ramyasri intervened her husband also beat her sister. Hence, she requested for action.
3.Basing on the complaint, PW5 has registered a case in Cr.No.143/2017 for the offences punishable U/S.498-A of IPC and Sections 3 and 4 of D.P.Act and took up the investigation. After completion of the investigation, PW5 filed charge sheet against the accused A1 to A3 for the offences punishable
U/S.498-A of IPC and Sections 3 and 4 of D.P.Act.
4.The cognizance was taken for the offences U/S.498-A of IPC and
Sections 3 and 4 of D.P.Act against the accused A1 to A3. On appearance of the accused, copies of all documents were furnished to them as contemplated under section 207 Cr.P.C and accused was examined under section 239 Cr.P.C and charges were framed against the accused A1 to A3 U/sec.240 of Cr.P.C for the offences U/S.498-A of IPC and Sections 3 and 4 of D.P.Act and the same is read over and explained to them in their vernacular language, for which the accused persons pleaded not guilty and claimed to be tried.
3 of 14 C.C.No. 104 of 2017
5.During the course of trial, the prosecution has examined PW1 to PW5 and Exs.P1 and P2 are got marked. The evidence of LW4/Perka Shankar was closed by this Court.
6. On closure of the prosecution evidence, the accused A1 to A3 were examined U/S.313 Cr.P.C explained incriminating material in the evidence of prosecution witnesses in their vernacular language, they denied the same and reported that they have no defence evidence as he was bedridden and unable to come to the court to give evidence.
7. Heard the arguments of both sides. Perused the record.
8.The point for determination is:
Whether the prosecution has proved the guilt of the accused
A1 to A3 for the offences U/S.498-A of IPC and Sections 3 and 4
of D.P.Act beyond all reasonable doubt?
POINT:
9.To prove the case of the prosecution, the prosecution in all examined
PW1 to PW5 and Exs.P1 & P2 are got marked. PW1 is the complainant and victim. PW2 is the father and PW4 is the sister of PW1. PW3 is the panchayat elder. PW5 is the investigating officer who investigated the case and filed the charge sheet.
10.At the out set, the case of the prosecution is that on 29.11.2009 the marriage of PW1 was performed with A1, at the time of marriage, her parents gave Rs.5 lakhs net cash, 5 tulas gold ornaments and household articles as dowry. They lived happily for a period of four years and blessed with one son and one daughter and thereafter, A1 to A3 started harassing PW1 mentally and 4 of 14 C.C.No. 104 of 2017 physically with a demand to bring additional dowry of Rs.2 lakhs, then PW1 lived in Siddipet separately from A1. A1 and A2 came to her at Siddipet and took away her children forcibly, then held panchayat but they did not listen the elder, later held a counseling before the police and on 04.05.2017 morning at 11.00 a.m A1 beat her with absurd and abused her in filthy language meantime her sister Barla Ramyasri intervened, then A1 beat her.
11.The learned Asst.Public Prosecutor argued that the PW1 filed GWOP
No.70/2017 and took the custody of her children from the accused A1 to A3, which substantiate the case of the PW1 that PW1 was subjected to cruelty in the hands of A1 to A3. The evidence of PW2 to PW4 is also strengthen the case of PW1. Through the evidence of PW1 to PW4 the prosecution proved their case against Accused A1 to A3 for the offences u/s.498-A of IPC and
Sections 3 & 4 of D.P Act beyond all reasonable doubt and prayed to convict the accused A1 to A3 as per law.
12.The learned counsel for the accused A1 to A3 vehemently argued that the prosecution utterly failed to prove the essential ingredients of section 498-
A of IPC and Sections 3 & 4 of D.P Act against the accused A1 to A3. There are several contradictions in the evidence of PW1, PW2 and PW4 who are the family members. PW3 did not state that he was the panchayat elder. In cross-examination PW3 admitted that his signature was obtained by the police at the residence of PW1 and it is also elicited that in his 161 Cr.P.C statement
PW3 never stated that A1 to A3 demanded Rs.2 lakhs as additional dowry.
The evidence of PW1 to PW4 are not consistent and corroborating with each 5 of 14 C.C.No. 104 of 2017 other. Moreover, PW1 to PW4 did not state the overt acts of the A1 to A3.
From the evidence of PW1, it made clear that she voluntarily came to Siddipet and she was not driven-out by A1 to A3. Over all the prosecution has miserably failed to prove the essential ingredients of section 498-A of IPC and
Sections 3 and 4 of D.P Act against A1 to A3 and prayed to acquit the accused
A1 to A3.
13.To prove the case u/s.498-A of IPC, the prosecution has to prove the following essential ingredients.
Section 498-A of the Indian Penal Code (IPC) addresses
"Cruelty by husband or relatives of husband," punishing
willful conduct causing grave injury (physical/mental)
or harassment for dowry . Key ingredients include: a
valid marriage, acts of cruelty/harassment by the
husband or his relatives, and potential to drive the
woman to suicide .
14.PW1 deposed that A1 is her husband. A2 and A3 are hery in-laws. On 29-11-2009 her marriage was performed with A1 as per Hindu Customs at
Paripally Government School Siddipet, at the time of marriage her parents gave Rs.5 lakhs, 5 tulas gold and other household articles as dowry. After the marriage, four years they lived happily, thereafter A1 to A3 harassed her for
additional dowry of Rs.2 lakhs. On that she got separated from Al and started
living separately at Arundhati colony with her kids. In the year 2017, April third week A1 and A2 came to her house and forcibly took her children along with them. The panchayat held in the presence of village elders and after that 6 of 14 C.C.No. 104 of 2017 at police station also they were counseled. After that on 04-05-2017 at 11.00 a.m accused No.1 came to her house and beat her at that time her sister came to rescue her then accused beat her also. PW1 lodged a complaint against A1 to A3 on the same day in I town Police Station. Ex.P1 is the complaint dated 04-05-2017.
During the course of cross-examination PW1 stated that in the year 2012 she got separated form A1 and shifted to Siddipet. She cannot say the exact date when accused No.1 forcibly has taken her children, she remember only it was 3rd week of April, 2017. At present the children are with her, she filed custody petition vide G.W.O.P No.70/2017 before the court and got the custody of her children in July 2017. She filed the custody petition only for her son as her daughter was with her.
PW1 admitted that in the 3rd week of April 2017 A1 only took away her son but not the daughter. She has stated to the police in her 161 Cr.P.C statement that A1 only took away her son not the daughter. PW1 admitted that G.W.O.P No.70/2017 has been dismissed. PW1 adds that after that dismissal of the O.P Accused No.1 himself dropped her son at her home, but she does not remember the date and time. A1 has three brothers. PW1 admitted that in April, 2017 she attended the marriage of A1’s brother Ashok.
The counsel for accused confronted the certified copy of O.P No.74/2015 and the same is admitted by PW1. Ex.D1 is the certified copy of petition of O.P.
No.74/2015.
7 of 14 C.C.No. 104 of 2017
PW1 admitted that in OP 74/2015 petition she mentioned that at the time of marriage gave Rs.1 lakh cash, 10 tulas of gold and 25 tulas of silver,
Household articles and two wheeler total worth of Rs.1 lakh. PW1 admitted that in Ex.D1 she has not mentioned that A1 to A3 harassed her for additional dowry of Rs.2 lakhs though she was shifted to Siddipet for that reason. PW1 admitted that her second child i.e., her daughter born in the year 2013. PW1 admitted that on 30-01-2015 the A1 to A3 came to her house and beat her and forcibly taken away her children. PW1 adds that two times the A1 to A3 have taken away her children.
PW1 admitted that she has not mentioned in her 161 statement, Ex.P1 and in her chief that A1 to A3 has taken away her children for two times. PW1 admitted that she mentioned in Ex.D1 that A1 to A3 necked out her from their house. PW1 stated that on 04-05-2017 when accused beat her and her sister due to that they got injuries and went to Government hospital and she handed over the medical certificate to LW6. PW1 admitted that A1 to A3 having properties in Siddipet and well settled.
15.PW2 is the father of PW1 deposed that PW1 and LW3 are his daughter.
In the year 2019 PW1 marriage was performed with A1. At the time of their marriage A1 was presented with an amount of Rs.5,00,000/-, 5 tulas gold and household articles as dowry. They spent together happily for a period of 4 years. They blessed with one baby girl and baby boy. A1 to A3 harassed and beat the PW1 for additional dowry for an amount of Rs.2,00,000/-. The panchayath was held in the presence of elders namely Perka Shanker/LW4, 8 of 14 C.C.No. 104 of 2017
Ponnala Balraju/LW5, but no change in the version of accused. Al beat the PW1 and LW3.
During the course of cross-examination PW2 admitted that on 05.05.2017 police recorded his statement at his residence, accused beat the
PW1 on 04-05-2017, Accused was present with dowry in presence of the elders. PW1 is government teacher. 10 days prior to this incident, panchayath was conducted in presence of elders. PW2 adds that Panchayath was conducted 4 times. PW2 admitted that he did not witness the incident. PW1 told him about the incident. PW2 admitted that in 161 statement there is no mentioned about the additional dowry of Rs.2,00,000/-. PW2 adds that he stated about the additional dowry of Rs.2,00,000/-before the police, but it was not mentioned in the 161 statement. PW2 admitted that he has stated to the police about the date of incident. PW2 stated that A1 to A3 have been residing at Komuravelly as well as in Siddipet as they have house in Siddipet.
16.PW3 is the panchayat elder deposed that PW1 marriage was performed with A1, they spent together happily for some years, they blessed with one baby girl and baby boy. A1 to A3 harassed and beat the PW1 for additional dowry for an amount of Rs.2,00,000/-, PW1 lodged complaint and police registered case against A1 to A3.
During the course of cross-examination PW3 stated that he has not stated in his 161 statement A1 to A3 demanded an amount of Rs.2,00,000/- for additional dowry. He stated that the police obtained his signature at residence of PW1. Police came to the residence of PW1 at the time of 9 of 14 C.C.No. 104 of 2017 quarreling between PW1 and accused. PW3 never went to the Police Station as well as police never visited his house. PW3 admitted that A1 to A3 are residing at Komuravelli.
17.PW4 is the sister of PW1 deposed that PW1 is her sister. On 29-11-2009
PW1 marriage was performed with A1. At the time of marriage Al was presented with 5 tulas gold and Rs. 5,00,000/- of cash as dowry. They blessed with one son and one daughter. After some days, A1 harassed PW1 for
additional dowry. Panchayath was held in presence of PW3 and LW4, but there
is no change in the behavior of the A1, even after panchayath also Al harassed
PW1 physically and mentally. On 14-05-2017 when Al beat the PW1 she tried to stop him, then A1 beat her also.
During the course of cross-examination PW4 stated that on 14-05-2017 when A1 beat her, she went to the private hospital for medical treatment. PW4 stated that she handed over her medical reports to the police. They are 3 sisters and her marriage was performed in the year 2020. PW4 stated that she cannot say the dates of panchayath. After getting Government job, PW1 is residing in Siddipet separately. I came to know about the harassment through
PW1. PW4 admitted that at the time constructing house at Siddipet in the year 2014 accused met with an accident due to which he went coma for 15 days.
PW4 admitted that she does not know whether PW1 filed divorce OP after A1 met with an accident. PW4 admitted that PW1 shifted to Siddipet from
Komuravelly due to inconvenience in traveling.
10 of 14 C.C.No. 104 of 2017
18.It is not disputed with regard to relationship between PW1 and A1 as wife and husband. PW1 deposed that at the time of her marriage, her parents gave Rs.5 lakhs, 5 tulas gold and other household articles as dowry. PW2 and
PW4 similarly deposed the same fact. On perusal of Ex.D1/divorce petition filed by the PW1 against A1 on the file of Hon’ble Senior Civil Judge’s Court at
Siddipet vide OP No.74 of 2015, in which the petitioner mentioned that at the time of her marriage, her father gave an amount of Rs.1,00,000/- cash as dowry, 10 tulas gold, 20 tulas silver to respondent (A1 herein) and his family and two wheeler motorcycle worth of Rs. 1,00,000/-. The evidence of PW1,
PW2 and PW4 are contradictory to Ex.D1 with regard to presentation of dowry at the time of marriage of PW1 with A1. No document or agreement is filed
before this Court in support of the contention of PW1, PW2 and PW4 with
regard to presentation of dowry to the accused A1 to A3.
19.On perusal of evidence of PW1 to PW4, they did not specifically speak on which date, month and year A1 to A3 harassed the PW1 for want of additional dowry and there are no specific overt acts of accused A1 to A3. PW1 in her cross-examination stated that in the year 2012 she got separated from A1 and shifted to Siddipet. PW2 to PW4 did not depose on which date the PW1 got separated from the society of A1 and on which date, month and year PW1 was subjected to cruelty in the hands of the accused A1 to A3 for want of additional dowry. PW1 admitted in her cross-examination that in Ex.D1 she has not mentioned that A1 to A3 necked out her from their house. PW1 deposed that after the marriage four years they lived happily, thereafter A1 to A3 harassed 11 of 14 C.C.No. 104 of 2017 her for additional dowry of Rs.2 lakhs. PW2 deposed in similar manner that
A1 to A3 harassed and beat the PW1 for additional dowry amount of Rs.2 lakhs. PW3 deposed that A1 to A3 harassed and beat the PW1 for additional dowry for an amount of Rs.2 lakhs. PW4 deposed that A1 harassed the PW1 for additional dowry.
19.1 Contrary to it, in the cross-examination PW1 admitted that in Ex.D1 she has not mentioned that A1 to A3 harassed her for additional dowry of Rs.2 lakhs. PW2 admitted in his cross-examination that in 161 Cr.P.C statement there is no mention about the additional dowry of Rs.2 lakhs. PW3 admitted in his cross-examination that he has not stated in his 161 Cr.P.C statement that
A1 to A3 demanded an amount of Rs.2 lakhs for additional dowry. PW4 admitted in his cross-examination that PW1 shifted to Siddipet from
Komuravelly due to inconvenience in traveling. The evidence of PW1 to PW4 is not inspired the confidence to believe their version with regard to demand of
additional dowry of Rs.2 lakhs by A1 to A3. From the evidence of PW4, it made
clear that PW1 shifted to Siddipet from Komuravelly due to inconvenience in traveling as PW1 got Teacher job.
20.PW1 deposed that A1 and A2 came to her house at Siddipet and forcibly took her children along with them. In this regard, panchayat was held and at police station they were counseled. In cross-examination PW1 admitted that she cannot say the exact date when A1 forcibly taken her children, she remember only it was 3rd week of April, 2017. On perusal of Ex.P1, there is no mention with regard to taken away the children of PW1 by A1 and A2 for 12 of 14 C.C.No. 104 of 2017 two times. PW1 admitted in her cross-examination that she has not mentioned in her 161 Cr.P.C statement, Ex.P1 and in her chief that A1 to A3 have taken away her children for two times. It assume that A1 being the father, the children went with A1 and A2 voluntarily. PW3 is the panchayat elder did not speak out on which date, they conducted panchayat to resolve the dispute between PW1 and A1 and not clear for what purpose they conducted the panchayat. PW1 to PW4 failed to prove that PW1 was subjected to cruelty in the hands of A1 to A3. The evidence of PW1 to PW4 is not inspired the confidence to believe their versions with regard to harassment meted out by the PW1 in the hands of A1 to A3.
21.PW5 is the investigating officer deposed about his investigation and filing of the charge sheet. In cross-examination PW5 stated that PW1 and PW4 were not went to the hospital for medical treatment. PW5 admitted that he has not collected any evidence to show that the accused was presented with dowry of Rs.5 lakhs, 5 tulas gold and household articles. PW5 stated that in
Ex.P1 and 161 statements of PW1 mentioned that one time accused and his family taken away the children of PW1. PW5 admitted that in 161 statement of
PW1 place of recording statement is not mentioned. He scribed all the 161 statements of witnesses. PW5 admitted that in 161 statement of PW2 and
PW4, it is mentioned that on 14-05-2017, while accused was beating PW1,
PW4 try to stop then accused has beaten her also. PW5 admitted that in the 161 statement of PW3 and LW4, it is mentioned that in-laws of PW1 are residing at the native place Komuravelli and they have not harassed PW1 for 13 of 14 C.C.No. 104 of 2017
additional dowry. PW5 admitted that he has not examined the residents of
Komuravelly. PW5 further admitted that in the charge-sheet he has mentioned that 14-05-2017 when the A1 beat the PW1 with hands at that time PW4 obstructed him but the A1 beat her also. If really A1 beat PW1 and PW4, they ought to have went to Govt.Hospital, Siddipet through the requisition of police for treatment. The police did not file any medical certificates of PW1 and PW4.
In contra, PW5 stated in his cross-examination that PW1 and PW4 were not went to the hospital for medical treatment. The police did not examine the neighbours of Komuravelly or any independent witnesses at Siddipet to prove the allegations leveled against A1 to A3 for the charged offences.
22.It is to be noted that being the father and grandfather of the children, A1 and A2 took the children due to love and affection, which is not amounts to cruelty as defined u/s.498-A of IPC. Moreover, the facts and circumstances established that there are some family disputes regarding the children between the PW1 and A1. Such dispute would not amounts to offence u/s.498-A of IPC and Sections 3 & 4 of D.P Act. Therefore, it is clear that from the evidence of
PW1 to PW5, the offence u/s.498-A of IPC and Sections 3 and 4 of D.P Act is not established beyond reasonable doubt. In that case, the only evidence of investigating officer which is formal in nature about the investigation done by him cannot improve the prosecution case in any manner. In view of the above discussion, it is held that the prosecution has failed to prove the guilt of the accused persons for the offence charged against them beyond reasonable doubt and hence they are entitled for acquittal.
14 of 14 C.C.No. 104 of 2017
22.IN THE RESULT, accused A1 to A3 are found not guilty for the offences punishable U/Sec.498-A of IPC and Sections 3 and 4 of D.P Act and accordingly, they are acquitted under section 248(1) of Criminal Procedure
Code. The bail bond of accused shall stand canceled after expiry of six months as contemplated u/sec. 437-A Cr.P.C.
Typed to my dictation by the s teno, corrected and pronounced by me in the open Court on this the 22 nd day of April, 2026.
Sd/-
PRL.JUDICIAL MAGISTRATE OF FIRST CLASS,
SIDDIPET.
APPENDIX OF EVIDENCE
(Witnesses Examined on Behalf of )
FOR PROSECUTION: FOR DEFENCE:
PW1: B.Srilatha -Nil- PW2: B.Balaiah PW3: P.Balaraju PW4: B.Ramyasree PW5: M.Rajendra Prasad, S.I of police
EXHIBITS MARKED
(On behalf of)
FOR PROSECUTION: FOR DEFENCE: Ex.P1 is the complaint -NIL- Ex.P2 is First Information Report
MATERIAL OBJECTS MARKED
-NIL-
Sd/-
PRL.JUDICIAL MAGISTRATE OF FIRST CLASS,
SIDDIPET.