D.ravindra Sharma

IN THE COURT OF SPECIAL SESSIONS JUDGE

FOR TRIAL OF CASES UNDER PROTECTION OF

CHILDREN FROM SEXUAL OFFENCES ACT, 2012-CUM-

PRINCIPAL SESSIONS JUDGE AT: MAHABUBABAD

THURSDAY, THE TENTH DAY OF OCTOBER, 2024

Present: D. Ravindra Sharma

Principal Sessions Judge, Jangaon

FAC. Special Sessions Judge for trial of cases under Protection of Children from Sexual Offences Act, 2012, Mahabubabad.

SC (POCSO) No.180 of 2022

1. Name of the Complainant:The State of Telangana through, the Sub-Divisional Police Ofcer, Thorrur.

2. Name of the Accused : Prakash @ Prakash Naik, S/o Late Manohara Naik, 234 years, Lambani, Morter work, R/o Uppariguda village,Dornakallu,Taluka Mahabubabad district, native of Byatagaranahalli village, Jaglur Taluka.

3. Offence under Sections:376 (3), 376 C, 506 of IPC and under Section 5 (j)(ii) read with Section 6 of Protection of Children From Sexual Offences Act, 2012,

4. Crime Number and 30 of 2020 Name of Police Station:Seerole,

5. Plea of the accused :Pleaded Not Guilty

6. Finding of the Court :Found Not Guilty

7. Sentence of Order : The accused is acquitted under Section 232 of Cr.P.C for the offence under Sections 376 (3), 376 C, 506 of IPC and under Section 5 (j)(ii) read with Section 6 of Protection of Children

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

From Sexual Offences Act, 2012 against accused.

The accused who is in jail is ordered to be released forthwith if he is not required in any other case and he is set at liberty.

8. Prosecution conducted by:Sri K. Padmakar Reddy, Special Public Prosecutor,

9. Defence conducted by:Sri K. Krupakar Rao Advocate for the accused,

This case is coming on 10.10.2024 before me, for fnal hearing in the presence of Sri K. Padmakar Reddy, Special Public Prosecutor for the State and Sri K. Krupakar Rao, Advocate for the Accused; and upon perusal of the material papers on record and having stood over for consideration till this day, this court delivered the following:

::J U D G M E N T::

1.This is a case fled by the Sub-Divisional Police Ofcer,

Mahabubabad, for the offence punishable under Sections 376 (3), 376 C, 506 of IPC and under Section 5 (j)(ii) read with Section 6 of

Protection of Children From Sexual Offences Act, 2012 against accused.

2.The case of the prosecution in brief is, as follows:

(I) Complainant is the resident of Jagaluru thaluka. She married her villager and blessed with three girl children. Eight years

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

back, her husband deserted her. After that she is cohabiting with the accused and leading life by doing coolie works at different places. In the year 2019, complainant went to Uppariguda village of Kuravi

Mandal for coolie work along with victim and accused. In the month of October, 2019, complainant went on work, then the victim was alone in the house, accused taking the same as advantage, forcibly committed penetrative sexual assault on victim. Thereafter the accused taken the victim girl to Baytgaranhalli village on the occasion of Devali, where the complainant observed the protruded stomach of victim girl, got suspicion, enquired with her. Upon which the victim girl disclosed that the accused committed rape on her at

Uppariguda village and threatened her not to disclose to anyone, else he will kill her.

(ii)On receipt of complaint, L.W.11/PSI Imran Baig PSI of

Jagalpur, Karanataka state registered a case in crime No.29 of 2020 under Sections 376, 506 of IPC and Section 6 of Protection of

Children From Sexual Offences Act, 2012. During course of investigation, he recorded the statement of complainant. L.W.10/ ASI

Thirumalesh recorded 161 Cr.P.C. statement of victim girl.

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

(iii)On 19.03.2020, JMFC Jagluru of Karnataka State recorded 164 Cr.P.C. statement of the victim minor girl and forwarded her to

Chigateri District Hospital, Karnataka state for medical examination, where the Dr. Sumithra,Woman Medical ofcer Chigateri District,

Karnakata State, examined victim, preserved the Vaginal Swabs,

Smears and forwarded to FSL for examination and report. On 26.03.2020, the PSI visited the scene of offence, observed the scene minutely, secured presence of panchas, in their presence drafted the scene of offence observation in the crime scene and drawn the rough sketch.

(iv)Later UmeshBabu PSI Jaglur police station, Karnataka, has taken over the investigation. On 19.03.20220 he arrested the accused and produced before the Magistrate for judicial remand. On 22.04.2020 the LW-12 forwarded the CD fle to the SP, which was transferred to the court of Mahabubabad dist on the point of jurisdiction vide C.No 15/C2/DCRB-Mhbd/2020, dated 02.05.2020. On receiving the Memo, LW-13/P. Chandra Mohan Sl of Police, Seerole re-registered this case in Cr.No 30/2020, U/sec 376, 506 IPC Sec 6 of

POCSO act and issued FIR and dispatched to all concern and he informed to SDPO Thorrur/ L.W.14 over the phone and took up the investigation.

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

(v)On 04.06.2020 the former SDPO Thorrur / LW-14 received the FSL report and fnal opinion of the victim girl and fled a request

before 1st ADJ Court, Warangal for Crime record. On 07.01.2022 the

former SDPO Thorrur / LW-14 received the crime record from the court, Warangal. Later he fled requisition to the Kannada Translator /

LW-8 to translate Kannada inscription to English. On 16.05.2022 he translated the Kannada inscription to English. On 26.06.2022, SDPO

Thorrur/ L.W.15 took up the investigation from the LW-14. After receipt of relevant documents and on completion of investigation, he fled charge sheet against the accused.

3.On appearance of the accused in the Court, he was furnished with the copies of the relevant documents as contemplated under

Section 207 of Cr.P.C.

4.The case was transferred from Karnataka state on the point of jurisdiction to the court of Prohibition of offences against the child under POCSO Act, 2012, Mahabubabad for the offences punishable under Section 376(3), 376(C), 506 of IPC and Section 5 (j)(ii) read with Section 6 of Protection of Children From Sexual Offences Act, 2012, and numbered as S.C.(POCSO) No.180 / 2022.

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

5.On hearing the learned Special Public Prosecutor and the

Defence Counsel under Section 226 of Cr.P.C. and considering the material on record, as per Section 228 of Cr.P.C, charges under

Sections 376 (3), 376 C, 506 of IPC and under Section 5 (j)(ii) read with Section 6 of Protection of Children From Sexual Offences Act, 2012, against the accused, were framed, read over and explained to him in Telugu. He pleaded not guilty for the said charges and claimed to be tried.

6.During the course of trial, the prosecution has examined P.Ws-1 and 2 and P-1 and P-2 were exhibited. P.W-1 is mother of the victim,

P.W-2 is victim girl.

7.Since there is no incriminating material in the evidence of prosecution witnesses, there is no need to examine the accused under Section 313 of Cr.P.C. No witnesses were examined and no documents were exhibited in defence.

8.This Court heard the arguments of the leaned Special Public

Prosecutor and the learned counsel appearing for the accused.

9.The points that arise for determination are, as follows:

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

1. Whether the accused committed rape on a minor girl / victim girl?

2. Whether the accused committed penetrative

sexual assault against the minor victim girl ?

3. Whether the accused threatened the minor victim girl with dire consequences?

4. Whether the prosecution has proved its case

and established the guilt of accused for the

offence punishable under Sections 376(3), 376

(C), 506 of IPC and under Section 5 (l)(j) read

with Section 6 of Protection of Children From

Sexual Offences Act, 2012, beyond all

reasonable doubt?

10.POINTS 1 TO 4: It is the specifc case of the prosecution that the accused being paramour of complainant cohabiting with accused, who kept an evil eye over the victim girl who is daughter of complainant and on seeing the loneliness of victim, he committed penetrative sexual assault on victim girl who is minor. On seeing the belly bump of victim, the complainant took her to government hospital.

The de facto-complainant (P.W-1), who is none other than the mother of the victim girl, on whose complaint the law was set into motion deposes that the accused is her husband and the victim is her daughter, through her frst husband, who died long back. She is living with the accused since 12 years. The accused did not commit any

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

offence against her daughter / victim. When she was in hospital, police obtained her signature on a paper and she does not know its contents. Ex.P1 is her signature on complaint.

P.W.2 who is minor victim girl, deposes that P.W.1 is her mother and the accused is her father. The accused never harassed her at any time. She is studying 10th class by staying in a hostel and she stated before Magistrate, as directed by the police.

The material witnesses (P.Ws-1 and 2) have turned hostile and did not support the case of prosecution. The signature on the complaint was marked as Ex.P-1 and 164 Cr.P.C. statement of victim was marked as Ex.P-2. But, the said statements did not render any help to the case of prosecution.

Since, all the material witnesses have turned hostile and are not supporting the case of the prosecution; the learned Special Public

Prosecutor given up examining the remaining witnesses including

Investigation Ofcers. Even if they are examined, no purpose would be served. It is sheer wastage of public time and an exercise in futility. Therefore, the learned Special Public Prosecution rightly gave up the remaining witnesses.

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

On perusal of the material on record, it is clear that nothing incriminating evidence is available against the accused. In view of non-availability of incriminating evidence, this Court holds that the prosecution has miserably failed to establish the charges framed against the accused. Therefore, the accused is entitled for acquittal.

Accordingly, these points are answered against the prosecution.

For the foregoing reasons, this Court has no hesitation to come to conclusion that the prosecution has failed to establish the guilt of accused for the offence punishable under Sections376(3), 376(C), 506 of IPC and Section 5 (j)(ii) read with Section 6 of Protection of

Children From Sexual Offences Act, 2012, beyond all reasonable doubt. Accordingly, this point is answered.

11.IN THE RESULT: The accused is found not guilty for the offence under Sections 376(3), 376(C), 506 of IPC and Section 5 (j)(ii) read with Section 6 of Protection of Children From Sexual Offences

Act, 2012. Accordingly, the accused is acquitted under Section 232 of

Cr.P.C for the said charges.

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SC (POCSO) No.180 of 2022

Dated 10th day of October, 2024

The accused who is in jail is ordered to be released forthwith, if he is not required in any other case and he is set at liberty.

Typed to my dictation, corrected and pronounced by me in the open court on this the 10th day of October, 2024.

Principal Sessions Judge

Mahabubabad. FAC. Special Sessions Judge for trial of cases under Protection of Children from Sexual Offences Act, 2012, Mahabubabad

:: APPENDIX OF EVIDENCE ::

WITNESSES EXAMINED ON BEHALF OF PROSECUTION

P.W-1Mother of victim girl03-10-2024 P.W-2Victim girl03-10-2024

WITNESSES EXAMINED ON BEHALF OF DEFENCE

-Nil-

DOCUMENTS EXHIBITED ON BEHALF OF PROSECUTION

Ex.P-1Signature of P.W.1 on Complaint

Ex.P-2164 Cr.P.C. statement of victim before Magistrate

DOCUMENTS EXHIBITED ON BEHALF OF DEFENCE

-Nil-

Principal Sessions Judge

Mahabubabad. FAC. Special Sessions Judge for trial of cases under Protection of Children from Sexual Offences Act, 2012, Mahabubabad

1 S.C.No.48/2023, dt: 17.10.2024

IN THE COURT OF PRINCIPAL SESSIONS JUDGE

AT: MAHABUBABAD

THURSDAY, THE SEVENTEENTH DAY OF OCTOBER, 2024

Present: D. RAVINDRA SHARMA

Principal Sessions Judge, Jangaon

FAC Principal Sessions Judge, Mahabubabad

S.C. No.48 OF 2023

1.Name of the Complainant:The State of Telangana through, the Sub Divisional Police Ofcer, Thorrur.

2.Name of the Accused: A1.Mekala Sudhakar, S/o Biksham, 27 years, Yadava, Agriculture A.2.Mekala Bhiksham, S/o Ramalingam, 67 years, Yadava, Agriculture A.3.Appala @ Mekala Kethamma, D/o Appala Lingaiah, @ W/o Mekala Biksham, 71 years, Yadava, Agriculture A.4.Mekala Indramma, W/o Biksham, 66 years, Yadava, Agriculture All are r/o Bodlada village, Danthalapally Mandal of Mahabubabad district.

3.Offence under Sections: 498-A, 304-B r/w 34 of IPC and Section 4 of DP Act, 1961

4.Crime Number and:125/2022 Name of Police StationP.S. Danthalapally

5.PRC Number:15 of 2023

6.Plea of the accused:Pleaded Not Guilty

7.Finding of the Court:Found Not Guilty

8.Sentence of Order: The accused are found not guilty for the offence under Section 498-A, 304-B r/w 34 of IPC and Section 3& 4 of DP Act, 1961 Accordingly, the accused are acquitted under Section 232 of Cr.P.C., for the said charges.

The bail bonds of the accused shall stand cancelled after expiry of appeal time.

9.Prosecution conducted by:Sri Ch. Venkateshwarlu Public Prosecutor, 2 S.C.No.48/2023, dt: 17.10.2024

10.Defence conducted by:Sri A. Prem Chander Advocate for accused.

11.Case committed by:Judicial Magistrate of First Class, Thorrur

This case is coming on before me, for fnal hearing in the presence of Sri Ch. Venkateshwarlu Public Prosecutor, for the State and Sri A. Prem Chander, Advocate for accused; and upon perusal of the material papers on record and having stood over for consideration till this day, this court delivered the following:

::J U D G M E N T::

1.This is a case fled by the Sub-Divisional Police Ofcer, Thorrur for the offence punishable under Sections 498tA),, 304tB), r/w 34 of IPC and Section 4 of DP Act, 1961 against accused.

2. The case of the prosecution in brief is, as follows:

ti), The marriage of the accused No.1 and the deceased/ Thalla

Sushmasri was a love marriage. The parents of the deceased did not accept and parents of the accused No.1 accepted their marriage. Immediately after marriage the couple led their marital life happily for some period. Thereafter accused No.1 to 4 started harassment. The deceased stating that she did not bring any dowry and demanded to get dowry from her parents, by stating that if the accused No.1 got marriage with other woman, he would have got huge dowry. On 16.10.2022 at about 15.00 hours, when the accused Al to A4 were at their agriculture felds situated at the outskirts of Bodlada village and attending agricultural work, the deceased also went there. On noticing the deceased alone, the accused A1 to A4 had abused her by stating that she is not doing agricultural work and other works properly and also not attending household works. Due to constant mental and physical harassment of accused, the deceased vexed over her life, and committed suicide by consuming "Herbicide Poison" which was available at the scene. She was immediately shifted to Ekashila Hospital, Warangal in 108 ambulance. Her dying declaration was recorded by the Magistrate. On 18.10.2022 at 5.30 pm, the deceased died.

3 S.C.No.48/2023, dt: 17.10.2024 tii), On receipt of the above complaint, the SHO/ASI-941/LW-19 registered a case in Cr.No. 125/2022 U/s 498-A, 306 IPC, issued FIR and took up the investigation. On 17.10.2022 on the request of ASI / L.W.19, the Magistrate /

LW-17 has recorded Dying Declaration of the deceased at Ekashilaa Hospital,

Hanamkonda.

tiii), During the course of investigation, ASI/LW-19 examined and recorded the statement of complainant/LW-1 and on requisition to the Tahasildhar /L.W.14 conduced inquest over the dead body of deceased in presence of mediators and the same was photographed and subjected for autopsy. After postmortem examination, the dead body was handed over to her blood relatives. L.W.19 visited the scene of offence, secured the mediators, in their presence, drafted the CDF, drew rough sketch and seized the poison container having remnants i.e., of ADAMA Made Herbicide of 500 ml and the same was forwarded to the RFSL Unit Warangal for examination and report.

Subsequently, the Sub-Inspector of Police / LW-20 took up further investigation of this case, verifed investigation done by LW-19 and found it on proper lines. On the strength of Dying Declaration, LW-20 altered section of law from 498-A, 306 R/w 34 IPC to Sec. 498-A, 304-B R/w 34 IPC, Sec. 4 of

DP Act, 1961 and informed to LW-21/SDPO over phone.

tiv), Later LW-21/Sub-Divisional police ofcer proceeded to Police Station

Danthalapally and collected CD fle from LW-20/SI of Police and took up the investigation. During the course of investigation, LW-21 / SDPO visited the scene of offence, examined the scene of offence minutely, re-examined and re-record the statements of witnesses. On 21.01.2023, the LW-20/SI of Police,

PS Danthalapally apprehended the accused A1 to A4 at their home at Bodlada village at 13.00 hours and produced before the LW-21 at SDPO, ofce

Thorrur. On interrogation, they have voluntarily confessed to have committed this offence, and produced them before the JFCM, Thorrur for judicial remand. On completion of investigation and on receipt of relevant documents, he fled charge sheet against the accused. Hence, the charge.

4 S.C.No.48/2023, dt: 17.10.2024

2. The case was taken on fle as PRC No.15/2023, for the offence under

Section 493tA),, 304tB), r/w 34 of IPC and Section 4 of DP Act, against the accused, by the learned Judicial Magistrate of First Class, Thorrur.

3.On appearance of the accused in the Court, he was furnished with the copies of the relevant documents as contemplated under Section 207 of

Cr.P.C. The learned Magistrate having found prima facie case for the offence punishable under Section 498tA),, 304tB), r/w 34 of IPC and Section 4 of DP

Act, against the accused and since the offence 304tB), is exclusively triable by the Court of Sessions. Hence, the case was committed to the Court of

Principal Sessions Judge, Mahabubabad, under Section 209 ta), of Cr.P.C.

4. On hearing the learned Public Prosecutor and the Defence Counsel under Section 226 of Cr.P.C. and on considering the material on record, as per

Section 228 of Cr.P.C, charges for offence Sections 498tA),, 304tB), r/w 34 of

IPC and Sections 3 & 4 of DP Act against accused, were framed, read over and explained to them, in Telugu. They pleaded not guilty for the said charges and claimed to be tried.

5. During the course of trial, the prosecution has examined P.Ws-1 to 5 and Ex.P-1 to P-10 were marked. P.W-1 is complainant, / father of deceased,

P.W-2 is mother of deceased, P.W.3 is brother, P.W.4 is paternal uncle of deceased, P.W.5 is panchayath elder.

6. Since no incriminating material was found in the evidence of prosecution witnesses, there is no need to examine the accused under Section 313 Cr.P.C, hence examination of accused under Section 313 Cr.P.C. is dispensed with.

7. Heard the arguments of the leaned Public Prosecutor and the counsel for the accused.

8. The points that arise for determination are, as follows:

5 S.C.No.48/2023, dt: 17.10.2024

Whether the prosecution has proved its case and

established the guilt of accused for the ofence

punishable under Sections 498(A), 304(B) r/w 34 of

IPC and Sections 3 & 4 of DP Act, beyond all

reasonable doubts?

9. POINT : That the marriage of accused No.1 and deceased was a love marriage. The parents of deceased not accepted their marriage and the parents of accused No.1 accepted their marriage. Later they started harassment on the deceased with a demand of dowry. Due to constant harassment of accused 1 to 4, the deceased vexed with her life and committed suicide by consuming pesticide poison.

10.The complainant twho is father of deceased),as P.W.1 deposed that his daughter married accused No.1 against their consent. On 16-10-2022 their towack neighbour Sravanthi informed them that his daughter was suffering with stomach pain and consumed pesticide poison and she was shifted to hospital at Hanamkonda. They rushed to Ekashila Hospital, Hanamkonda to see their daughter. He gave complaint to police. Ex.P1 is the complaint. He further deposed that accused are not responsible for the death of deceased.

P.Ws.2 to 4 deposed that due to stomach pain the deceased consumed pesticide poison and died. Accused are no way concerned with the suicidal death of deceased. P.W.5 deposed that when the deceased was admitted in hospital, he went there, he does not know as to why the deceased had committed suicide.

On perusal of the record, it is seen that the accused 1 to 4 are none other than the husband and in-laws of deceased. The main witnesses P.Ws.1 to 4 who are blood relatives of deceased and P.W.5 is panchayath elder, did not depose anything against the accused and they all turned hostile. When the main witnesses turned hostile and did not support the case of prosecution, no purpose would be served even if L.Ws.5, 7 to 21 were examined. As such the learned public prosecutor has given up their evidence.

From the evidence of P.Ws.1 to 5 the prosecution could not prove anything against the accused persons. For the foregoing reasons, this Court has no hesitation to come to a conclusion that the prosecution has failed to establish the guilt of accused for the offence punishable under Section 498tA),, 304tB), 6 S.C.No.48/2023, dt: 17.10.2024 r/w 34 of IPC and Sections 3 & 4 of DP Act, beyond all reasonable doubt.

Accordingly, this point is answered.

IN THE RESULT: The accused 1 to 4 are found not guilty for the offence under Sections 498tA),, 304tB), r/w 34 of IPC and Sections 3 & 4 of DP Act.

Accordingly, they are acquitted under Section 232 of Cr.P.C., For the said charges.

The bail bonds of the accused shall stand cancelled after SIX months and they are set at liberty forthwith. The unmarked non-valuable property if any shall be destroyed after expiry of appeal time.

Typed to my dictation, corrected and pronounced by me in the open court on this the 17th day of October, 2024.

FAC Principal Sessions Judge Mahabubabad

:: APPENDIX OF EVIDENCE ::

WITNESSES EXAMINED ON BEHALF OF PROSECUTION

P.W-1Thalla Sathish07-08-2024 P.W-2Thalla Urmila07-08-2024 P.W-3Thalla Sukesh07-08-2024 P.W-4Thalla Prabhakar07-08-2024 P.W-5Jella Venkatesh07-08-2024 07-08-2024

WITNESSES EXAMINED ON BEHALF OF DEFENCE

-Nil-

DOCUMENTS EXHIBITED ON BEHALF OF PROSECUTION

Ex.P-1Complaint19-10-2022 Ex.P-2161 Cr.P.C. statement of P.W.119-10-2022 Ex.P-3161 Cr.P.C. statement of P.W.102-01-2023 Ex.P-4161 Cr.P.C. statement of P.W.219-10-2022 Ex.P-5161 Cr.P.C. statement of P.W.202-01-2023 Ex.P-6161 Cr.P.C. statement of P.W.319-10-2022 Ex.P-7161 Cr.P.C. statement of P.W.302-01-2023 Ex.P-8161 Cr.P.C. statement of P.W.419-10-2022 Ex.P-9161 Cr.P.C. statement of P.W.402-01-2023 Ex.P-10161 Cr.P.C. statement of P.W.522-01-2023

DOCUMENTS EXHIBITED ON BEHALF OF DEFENCE

-Nil-

FAC Principal Sessions Judge Mahabubabad

1 S.C.No.48/2023, dt: 17.10.2024

IN THE COURT OF PRINCIPAL SESSIONS JUDGE

AT: MAHABUBABAD

THURSDAY, THE SEVENTEENTH DAY OF OCTOBER, 2024

Present: D. RAVINDRA SHARMA

Principal Sessions Judge, Jangaon

FAC Principal Sessions Judge, Mahabubabad

S.C. No.48 OF 2023

1.Name of the Complainant:The State of Telangana through, the Sub Divisional Police Ofcer, Thorrur.

2.Name of the Accused: A1.Mekala Sudhakar, S/o Biksham, 27 years, Yadava, Agriculture A.2.Mekala Bhiksham, S/o Ramalingam, 67 years, Yadava, Agriculture A.3.Appala @ Mekala Kethamma, D/o Appala Lingaiah, @ W/o Mekala Biksham, 71 years, Yadava, Agriculture A.4.Mekala Indramma, W/o Biksham, 66 years, Yadava, Agriculture All are r/o Bodlada village, Danthalapally Mandal of Mahabubabad district.

3.Offence under Sections: 498-A, 304-B r/w 34 of IPC and Section 4 of DP Act, 1961

4.Crime Number and:125/2022 Name of Police StationP.S. Danthalapally

5.PRC Number:15 of 2023

6.Plea of the accused:Pleaded Not Guilty

7.Finding of the Court:Found Not Guilty

8.Sentence of Order: The accused are found not guilty for the offence under Section 498-A, 304-B r/w 34 of IPC and Section 3& 4 of DP Act, 1961 Accordingly, the accused are acquitted under Section 232 of Cr.P.C., for the said charges.

The bail bonds of the accused shall stand cancelled after expiry of appeal time.

9.Prosecution conducted by:Sri Ch. Venkateshwarlu Public Prosecutor, 2 S.C.No.48/2023, dt: 17.10.2024

10.Defence conducted by:Sri A. Prem Chander Advocate for accused.

11.Case committed by:Judicial Magistrate of First Class, Thorrur

This case is coming on before me, for fnal hearing in the presence of Sri Ch. Venkateshwarlu Public Prosecutor, for the State and Sri A. Prem Chander, Advocate for accused; and upon perusal of the material papers on record and having stood over for consideration till this day, this court delivered the following:

::J U D G M E N T::

1.This is a case fled by the Sub-Divisional Police Ofcer, Thorrur for the offence punishable under Sections 498tA),, 304tB), r/w 34 of IPC and Section 4 of DP Act, 1961 against accused.

2. The case of the prosecution in brief is, as follows:

ti), The marriage of the accused No.1 and the deceased/ Thalla

Sushmasri was a love marriage. The parents of the deceased did not accept and parents of the accused No.1 accepted their marriage. Immediately after marriage the couple led their marital life happily for some period. Thereafter accused No.1 to 4 started harassment. The deceased stating that she did not bring any dowry and demanded to get dowry from her parents, by stating that if the accused No.1 got marriage with other woman, he would have got huge dowry. On 16.10.2022 at about 15.00 hours, when the accused Al to A4 were at their agriculture felds situated at the outskirts of Bodlada village and attending agricultural work, the deceased also went there. On noticing the deceased alone, the accused A1 to A4 had abused her by stating that she is not doing agricultural work and other works properly and also not attending household works. Due to constant mental and physical harassment of accused, the deceased vexed over her life, and committed suicide by consuming "Herbicide Poison" which was available at the scene. She was immediately shifted to Ekashila Hospital, Warangal in 108 ambulance. Her dying declaration was recorded by the Magistrate. On 18.10.2022 at 5.30 pm, the deceased died.

3 S.C.No.48/2023, dt: 17.10.2024 tii), On receipt of the above complaint, the SHO/ASI-941/LW-19 registered a case in Cr.No. 125/2022 U/s 498-A, 306 IPC, issued FIR and took up the investigation. On 17.10.2022 on the request of ASI / L.W.19, the Magistrate /

LW-17 has recorded Dying Declaration of the deceased at Ekashilaa Hospital,

Hanamkonda.

tiii), During the course of investigation, ASI/LW-19 examined and recorded the statement of complainant/LW-1 and on requisition to the Tahasildhar /L.W.14 conduced inquest over the dead body of deceased in presence of mediators and the same was photographed and subjected for autopsy. After postmortem examination, the dead body was handed over to her blood relatives. L.W.19 visited the scene of offence, secured the mediators, in their presence, drafted the CDF, drew rough sketch and seized the poison container having remnants i.e., of ADAMA Made Herbicide of 500 ml and the same was forwarded to the RFSL Unit Warangal for examination and report.

Subsequently, the Sub-Inspector of Police / LW-20 took up further investigation of this case, verifed investigation done by LW-19 and found it on proper lines. On the strength of Dying Declaration, LW-20 altered section of law from 498-A, 306 R/w 34 IPC to Sec. 498-A, 304-B R/w 34 IPC, Sec. 4 of

DP Act, 1961 and informed to LW-21/SDPO over phone.

tiv), Later LW-21/Sub-Divisional police ofcer proceeded to Police Station

Danthalapally and collected CD fle from LW-20/SI of Police and took up the investigation. During the course of investigation, LW-21 / SDPO visited the scene of offence, examined the scene of offence minutely, re-examined and re-record the statements of witnesses. On 21.01.2023, the LW-20/SI of Police,

PS Danthalapally apprehended the accused A1 to A4 at their home at Bodlada village at 13.00 hours and produced before the LW-21 at SDPO, ofce

Thorrur. On interrogation, they have voluntarily confessed to have committed this offence, and produced them before the JFCM, Thorrur for judicial remand. On completion of investigation and on receipt of relevant documents, he fled charge sheet against the accused. Hence, the charge.

4 S.C.No.48/2023, dt: 17.10.2024

2. The case was taken on fle as PRC No.15/2023, for the offence under

Section 493tA),, 304tB), r/w 34 of IPC and Section 4 of DP Act, against the accused, by the learned Judicial Magistrate of First Class, Thorrur.

3.On appearance of the accused in the Court, he was furnished with the copies of the relevant documents as contemplated under Section 207 of

Cr.P.C. The learned Magistrate having found prima facie case for the offence punishable under Section 498tA),, 304tB), r/w 34 of IPC and Section 4 of DP

Act, against the accused and since the offence 304tB), is exclusively triable by the Court of Sessions. Hence, the case was committed to the Court of

Principal Sessions Judge, Mahabubabad, under Section 209 ta), of Cr.P.C.

4. On hearing the learned Public Prosecutor and the Defence Counsel under Section 226 of Cr.P.C. and on considering the material on record, as per

Section 228 of Cr.P.C, charges for offence Sections 498tA),, 304tB), r/w 34 of

IPC and Sections 3 & 4 of DP Act against accused, were framed, read over and explained to them, in Telugu. They pleaded not guilty for the said charges and claimed to be tried.

5. During the course of trial, the prosecution has examined P.Ws-1 to 5 and Ex.P-1 to P-10 were marked. P.W-1 is complainant, / father of deceased,

P.W-2 is mother of deceased, P.W.3 is brother, P.W.4 is paternal uncle of deceased, P.W.5 is panchayath elder.

6. Since no incriminating material was found in the evidence of prosecution witnesses, there is no need to examine the accused under Section 313 Cr.P.C, hence examination of accused under Section 313 Cr.P.C. is dispensed with.

7. Heard the arguments of the leaned Public Prosecutor and the counsel for the accused.

8. The points that arise for determination are, as follows:

5 S.C.No.48/2023, dt: 17.10.2024

Whether the prosecution has proved its case and

established the guilt of accused for the ofence

punishable under Sections 498(A), 304(B) r/w 34 of

IPC and Sections 3 & 4 of DP Act, beyond all

reasonable doubts?

9. POINT : That the marriage of accused No.1 and deceased was a love marriage. The parents of deceased not accepted their marriage and the parents of accused No.1 accepted their marriage. Later they started harassment on the deceased with a demand of dowry. Due to constant harassment of accused 1 to 4, the deceased vexed with her life and committed suicide by consuming pesticide poison.

10.The complainant twho is father of deceased),as P.W.1 deposed that his daughter married accused No.1 against their consent. On 16-10-2022 their towack neighbour Sravanthi informed them that his daughter was suffering with stomach pain and consumed pesticide poison and she was shifted to hospital at Hanamkonda. They rushed to Ekashila Hospital, Hanamkonda to see their daughter. He gave complaint to police. Ex.P1 is the complaint. He further deposed that accused are not responsible for the death of deceased.

P.Ws.2 to 4 deposed that due to stomach pain the deceased consumed pesticide poison and died. Accused are no way concerned with the suicidal death of deceased. P.W.5 deposed that when the deceased was admitted in hospital, he went there, he does not know as to why the deceased had committed suicide.

On perusal of the record, it is seen that the accused 1 to 4 are none other than the husband and in-laws of deceased. The main witnesses P.Ws.1 to 4 who are blood relatives of deceased and P.W.5 is panchayath elder, did not depose anything against the accused and they all turned hostile. When the main witnesses turned hostile and did not support the case of prosecution, no purpose would be served even if L.Ws.5, 7 to 21 were examined. As such the learned public prosecutor has given up their evidence.

From the evidence of P.Ws.1 to 5 the prosecution could not prove anything against the accused persons. For the foregoing reasons, this Court has no hesitation to come to a conclusion that the prosecution has failed to establish the guilt of accused for the offence punishable under Section 498tA),, 304tB), 6 S.C.No.48/2023, dt: 17.10.2024 r/w 34 of IPC and Sections 3 & 4 of DP Act, beyond all reasonable doubt.

Accordingly, this point is answered.

IN THE RESULT: The accused 1 to 4 are found not guilty for the offence under Sections 498tA),, 304tB), r/w 34 of IPC and Sections 3 & 4 of DP Act.

Accordingly, they are acquitted under Section 232 of Cr.P.C., For the said charges.

The bail bonds of the accused shall stand cancelled after SIX months and they are set at liberty forthwith. The unmarked non-valuable property if any shall be destroyed after expiry of appeal time.

Typed to my dictation, corrected and pronounced by me in the open court on this the 17th day of October, 2024.

FAC Principal Sessions Judge Mahabubabad

:: APPENDIX OF EVIDENCE ::

WITNESSES EXAMINED ON BEHALF OF PROSECUTION

P.W-1Thalla Sathish07-08-2024 P.W-2Thalla Urmila07-08-2024 P.W-3Thalla Sukesh07-08-2024 P.W-4Thalla Prabhakar07-08-2024 P.W-5Jella Venkatesh07-08-2024 07-08-2024

WITNESSES EXAMINED ON BEHALF OF DEFENCE

-Nil-

DOCUMENTS EXHIBITED ON BEHALF OF PROSECUTION

Ex.P-1Complaint19-10-2022 Ex.P-2161 Cr.P.C. statement of P.W.119-10-2022 Ex.P-3161 Cr.P.C. statement of P.W.102-01-2023 Ex.P-4161 Cr.P.C. statement of P.W.219-10-2022 Ex.P-5161 Cr.P.C. statement of P.W.202-01-2023 Ex.P-6161 Cr.P.C. statement of P.W.319-10-2022 Ex.P-7161 Cr.P.C. statement of P.W.302-01-2023 Ex.P-8161 Cr.P.C. statement of P.W.419-10-2022 Ex.P-9161 Cr.P.C. statement of P.W.402-01-2023 Ex.P-10161 Cr.P.C. statement of P.W.522-01-2023

DOCUMENTS EXHIBITED ON BEHALF OF DEFENCE

-Nil-

FAC Principal Sessions Judge Mahabubabad

1 S.C.No.48/2023, dt: 17.10.2024

IN THE COURT OF PRINCIPAL SESSIONS JUDGE

AT: MAHABUBABAD

THURSDAY, THE SEVENTEENTH DAY OF OCTOBER, 2024

Present: D. RAVINDRA SHARMA

Principal Sessions Judge, Jangaon

FAC Principal Sessions Judge, Mahabubabad

S.C. No.48 OF 2023

1.Name of the Complainant:The State of Telangana through, the Sub Divisional Police Ofcer, Thorrur.

2.Name of the Accused: A1.Mekala Sudhakar, S/o Biksham, 27 years, Yadava, Agriculture A.2.Mekala Bhiksham, S/o Ramalingam, 67 years, Yadava, Agriculture A.3.Appala @ Mekala Kethamma, D/o Appala Lingaiah, @ W/o Mekala Biksham, 71 years, Yadava, Agriculture A.4.Mekala Indramma, W/o Biksham, 66 years, Yadava, Agriculture All are r/o Bodlada village, Danthalapally Mandal of Mahabubabad district.

3.Offence under Sections: 498-A, 304-B r/w 34 of IPC and Section 4 of DP Act, 1961

4.Crime Number and:125/2022 Name of Police StationP.S. Danthalapally

5.PRC Number:15 of 2023

6.Plea of the accused:Pleaded Not Guilty

7.Finding of the Court:Found Not Guilty

8.Sentence of Order: The accused are found not guilty for the offence under Section 498-A, 304-B r/w 34 of IPC and Section 3& 4 of DP Act, 1961 Accordingly, the accused are acquitted under Section 232 of Cr.P.C., for the said charges.

The bail bonds of the accused shall stand cancelled after expiry of appeal time.

9.Prosecution conducted by:Sri Ch. Venkateshwarlu Public Prosecutor, 2 S.C.No.48/2023, dt: 17.10.2024

10.Defence conducted by:Sri A. Prem Chander Advocate for accused.

11.Case committed by:Judicial Magistrate of First Class, Thorrur

This case is coming on before me, for fnal hearing in the presence of Sri Ch. Venkateshwarlu Public Prosecutor, for the State and Sri A. Prem Chander, Advocate for accused; and upon perusal of the material papers on record and having stood over for consideration till this day, this court delivered the following:

::J U D G M E N T::

1.This is a case fled by the Sub-Divisional Police Ofcer, Thorrur for the offence punishable under Sections 498tA),, 304tB), r/w 34 of IPC and Section 4 of DP Act, 1961 against accused.

2. The case of the prosecution in brief is, as follows:

ti), The marriage of the accused No.1 and the deceased/ Thalla

Sushmasri was a love marriage. The parents of the deceased did not accept and parents of the accused No.1 accepted their marriage. Immediately after marriage the couple led their marital life happily for some period. Thereafter accused No.1 to 4 started harassment. The deceased stating that she did not bring any dowry and demanded to get dowry from her parents, by stating that if the accused No.1 got marriage with other woman, he would have got huge dowry. On 16.10.2022 at about 15.00 hours, when the accused Al to A4 were at their agriculture felds situated at the outskirts of Bodlada village and attending agricultural work, the deceased also went there. On noticing the deceased alone, the accused A1 to A4 had abused her by stating that she is not doing agricultural work and other works properly and also not attending household works. Due to constant mental and physical harassment of accused, the deceased vexed over her life, and committed suicide by consuming "Herbicide Poison" which was available at the scene. She was immediately shifted to Ekashila Hospital, Warangal in 108 ambulance. Her dying declaration was recorded by the Magistrate. On 18.10.2022 at 5.30 pm, the deceased died.

3 S.C.No.48/2023, dt: 17.10.2024 tii), On receipt of the above complaint, the SHO/ASI-941/LW-19 registered a case in Cr.No. 125/2022 U/s 498-A, 306 IPC, issued FIR and took up the investigation. On 17.10.2022 on the request of ASI / L.W.19, the Magistrate /

LW-17 has recorded Dying Declaration of the deceased at Ekashilaa Hospital,

Hanamkonda.

tiii), During the course of investigation, ASI/LW-19 examined and recorded the statement of complainant/LW-1 and on requisition to the Tahasildhar /L.W.14 conduced inquest over the dead body of deceased in presence of mediators and the same was photographed and subjected for autopsy. After postmortem examination, the dead body was handed over to her blood relatives. L.W.19 visited the scene of offence, secured the mediators, in their presence, drafted the CDF, drew rough sketch and seized the poison container having remnants i.e., of ADAMA Made Herbicide of 500 ml and the same was forwarded to the RFSL Unit Warangal for examination and report.

Subsequently, the Sub-Inspector of Police / LW-20 took up further investigation of this case, verifed investigation done by LW-19 and found it on proper lines. On the strength of Dying Declaration, LW-20 altered section of law from 498-A, 306 R/w 34 IPC to Sec. 498-A, 304-B R/w 34 IPC, Sec. 4 of

DP Act, 1961 and informed to LW-21/SDPO over phone.

tiv), Later LW-21/Sub-Divisional police ofcer proceeded to Police Station

Danthalapally and collected CD fle from LW-20/SI of Police and took up the investigation. During the course of investigation, LW-21 / SDPO visited the scene of offence, examined the scene of offence minutely, re-examined and re-record the statements of witnesses. On 21.01.2023, the LW-20/SI of Police,

PS Danthalapally apprehended the accused A1 to A4 at their home at Bodlada village at 13.00 hours and produced before the LW-21 at SDPO, ofce

Thorrur. On interrogation, they have voluntarily confessed to have committed this offence, and produced them before the JFCM, Thorrur for judicial remand. On completion of investigation and on receipt of relevant documents, he fled charge sheet against the accused. Hence, the charge.

4 S.C.No.48/2023, dt: 17.10.2024

2. The case was taken on fle as PRC No.15/2023, for the offence under

Section 493tA),, 304tB), r/w 34 of IPC and Section 4 of DP Act, against the accused, by the learned Judicial Magistrate of First Class, Thorrur.

3.On appearance of the accused in the Court, he was furnished with the copies of the relevant documents as contemplated under Section 207 of

Cr.P.C. The learned Magistrate having found prima facie case for the offence punishable under Section 498tA),, 304tB), r/w 34 of IPC and Section 4 of DP

Act, against the accused and since the offence 304tB), is exclusively triable by the Court of Sessions. Hence, the case was committed to the Court of

Principal Sessions Judge, Mahabubabad, under Section 209 ta), of Cr.P.C.

4. On hearing the learned Public Prosecutor and the Defence Counsel under Section 226 of Cr.P.C. and on considering the material on record, as per

Section 228 of Cr.P.C, charges for offence Sections 498tA),, 304tB), r/w 34 of

IPC and Sections 3 & 4 of DP Act against accused, were framed, read over and explained to them, in Telugu. They pleaded not guilty for the said charges and claimed to be tried.

5. During the course of trial, the prosecution has examined P.Ws-1 to 5 and Ex.P-1 to P-10 were marked. P.W-1 is complainant, / father of deceased,

P.W-2 is mother of deceased, P.W.3 is brother, P.W.4 is paternal uncle of deceased, P.W.5 is panchayath elder.

6. Since no incriminating material was found in the evidence of prosecution witnesses, there is no need to examine the accused under Section 313 Cr.P.C, hence examination of accused under Section 313 Cr.P.C. is dispensed with.

7. Heard the arguments of the leaned Public Prosecutor and the counsel for the accused.

8. The points that arise for determination are, as follows:

5 S.C.No.48/2023, dt: 17.10.2024

Whether the prosecution has proved its case and

established the guilt of accused for the ofence

punishable under Sections 498(A), 304(B) r/w 34 of

IPC and Sections 3 & 4 of DP Act, beyond all

reasonable doubts?

9. POINT : That the marriage of accused No.1 and deceased was a love marriage. The parents of deceased not accepted their marriage and the parents of accused No.1 accepted their marriage. Later they started harassment on the deceased with a demand of dowry. Due to constant harassment of accused 1 to 4, the deceased vexed with her life and committed suicide by consuming pesticide poison.

10.The complainant twho is father of deceased),as P.W.1 deposed that his daughter married accused No.1 against their consent. On 16-10-2022 their towack neighbour Sravanthi informed them that his daughter was suffering with stomach pain and consumed pesticide poison and she was shifted to hospital at Hanamkonda. They rushed to Ekashila Hospital, Hanamkonda to see their daughter. He gave complaint to police. Ex.P1 is the complaint. He further deposed that accused are not responsible for the death of deceased.

P.Ws.2 to 4 deposed that due to stomach pain the deceased consumed pesticide poison and died. Accused are no way concerned with the suicidal death of deceased. P.W.5 deposed that when the deceased was admitted in hospital, he went there, he does not know as to why the deceased had committed suicide.

On perusal of the record, it is seen that the accused 1 to 4 are none other than the husband and in-laws of deceased. The main witnesses P.Ws.1 to 4 who are blood relatives of deceased and P.W.5 is panchayath elder, did not depose anything against the accused and they all turned hostile. When the main witnesses turned hostile and did not support the case of prosecution, no purpose would be served even if L.Ws.5, 7 to 21 were examined. As such the learned public prosecutor has given up their evidence.

From the evidence of P.Ws.1 to 5 the prosecution could not prove anything against the accused persons. For the foregoing reasons, this Court has no hesitation to come to a conclusion that the prosecution has failed to establish the guilt of accused for the offence punishable under Section 498tA),, 304tB), 6 S.C.No.48/2023, dt: 17.10.2024 r/w 34 of IPC and Sections 3 & 4 of DP Act, beyond all reasonable doubt.

Accordingly, this point is answered.

IN THE RESULT: The accused 1 to 4 are found not guilty for the offence under Sections 498tA),, 304tB), r/w 34 of IPC and Sections 3 & 4 of DP Act.

Accordingly, they are acquitted under Section 232 of Cr.P.C., For the said charges.

The bail bonds of the accused shall stand cancelled after SIX months and they are set at liberty forthwith. The unmarked non-valuable property if any shall be destroyed after expiry of appeal time.

Typed to my dictation, corrected and pronounced by me in the open court on this the 17th day of October, 2024.

FAC Principal Sessions Judge Mahabubabad

:: APPENDIX OF EVIDENCE ::

WITNESSES EXAMINED ON BEHALF OF PROSECUTION

P.W-1Thalla Sathish07-08-2024 P.W-2Thalla Urmila07-08-2024 P.W-3Thalla Sukesh07-08-2024 P.W-4Thalla Prabhakar07-08-2024 P.W-5Jella Venkatesh07-08-2024 07-08-2024

WITNESSES EXAMINED ON BEHALF OF DEFENCE

-Nil-

DOCUMENTS EXHIBITED ON BEHALF OF PROSECUTION

Ex.P-1Complaint19-10-2022 Ex.P-2161 Cr.P.C. statement of P.W.119-10-2022 Ex.P-3161 Cr.P.C. statement of P.W.102-01-2023 Ex.P-4161 Cr.P.C. statement of P.W.219-10-2022 Ex.P-5161 Cr.P.C. statement of P.W.202-01-2023 Ex.P-6161 Cr.P.C. statement of P.W.319-10-2022 Ex.P-7161 Cr.P.C. statement of P.W.302-01-2023 Ex.P-8161 Cr.P.C. statement of P.W.419-10-2022 Ex.P-9161 Cr.P.C. statement of P.W.402-01-2023 Ex.P-10161 Cr.P.C. statement of P.W.522-01-2023

DOCUMENTS EXHIBITED ON BEHALF OF DEFENCE

-Nil-

FAC Principal Sessions Judge Mahabubabad

1 S.C.No.48/2023, dt: 17.10.2024

IN THE COURT OF PRINCIPAL SESSIONS JUDGE

AT: MAHABUBABAD

THURSDAY, THE SEVENTEENTH DAY OF OCTOBER, 2024

Present: D. RAVINDRA SHARMA

Principal Sessions Judge, Jangaon

FAC Principal Sessions Judge, Mahabubabad

S.C. No.48 OF 2023

1.Name of the Complainant:The State of Telangana through, the Sub Divisional Police Ofcer, Thorrur.

2.Name of the Accused: A1.Mekala Sudhakar, S/o Biksham, 27 years, Yadava, Agriculture A.2.Mekala Bhiksham, S/o Ramalingam, 67 years, Yadava, Agriculture A.3.Appala @ Mekala Kethamma, D/o Appala Lingaiah, @ W/o Mekala Biksham, 71 years, Yadava, Agriculture A.4.Mekala Indramma, W/o Biksham, 66 years, Yadava, Agriculture All are r/o Bodlada village, Danthalapally Mandal of Mahabubabad district.

3.Offence under Sections: 498-A, 304-B r/w 34 of IPC and Section 4 of DP Act, 1961

4.Crime Number and:125/2022 Name of Police StationP.S. Danthalapally

5.PRC Number:15 of 2023

6.Plea of the accused:Pleaded Not Guilty

7.Finding of the Court:Found Not Guilty

8.Sentence of Order: The accused are found not guilty for the offence under Section 498-A, 304-B r/w 34 of IPC and Section 3& 4 of DP Act, 1961 Accordingly, the accused are acquitted under Section 232 of Cr.P.C., for the said charges.

The bail bonds of the accused shall stand cancelled after expiry of appeal time.

9.Prosecution conducted by:Sri Ch. Venkateshwarlu Public Prosecutor, 2 S.C.No.48/2023, dt: 17.10.2024

10.Defence conducted by:Sri A. Prem Chander Advocate for accused.

11.Case committed by:Judicial Magistrate of First Class, Thorrur

This case is coming on before me, for fnal hearing in the presence of Sri Ch. Venkateshwarlu Public Prosecutor, for the State and Sri A. Prem Chander, Advocate for accused; and upon perusal of the material papers on record and having stood over for consideration till this day, this court delivered the following:

::J U D G M E N T::

1.This is a case fled by the Sub-Divisional Police Ofcer, Thorrur for the offence punishable under Sections 498tA),, 304tB), r/w 34 of IPC and Section 4 of DP Act, 1961 against accused.

2. The case of the prosecution in brief is, as follows:

ti), The marriage of the accused No.1 and the deceased/ Thalla

Sushmasri was a love marriage. The parents of the deceased did not accept and parents of the accused No.1 accepted their marriage. Immediately after marriage the couple led their marital life happily for some period. Thereafter accused No.1 to 4 started harassment. The deceased stating that she did not bring any dowry and demanded to get dowry from her parents, by stating that if the accused No.1 got marriage with other woman, he would have got huge dowry. On 16.10.2022 at about 15.00 hours, when the accused Al to A4 were at their agriculture felds situated at the outskirts of Bodlada village and attending agricultural work, the deceased also went there. On noticing the deceased alone, the accused A1 to A4 had abused her by stating that she is not doing agricultural work and other works properly and also not attending household works. Due to constant mental and physical harassment of accused, the deceased vexed over her life, and committed suicide by consuming "Herbicide Poison" which was available at the scene. She was immediately shifted to Ekashila Hospital, Warangal in 108 ambulance. Her dying declaration was recorded by the Magistrate. On 18.10.2022 at 5.30 pm, the deceased died.

3 S.C.No.48/2023, dt: 17.10.2024 tii), On receipt of the above complaint, the SHO/ASI-941/LW-19 registered a case in Cr.No. 125/2022 U/s 498-A, 306 IPC, issued FIR and took up the investigation. On 17.10.2022 on the request of ASI / L.W.19, the Magistrate /

LW-17 has recorded Dying Declaration of the deceased at Ekashilaa Hospital,

Hanamkonda.

tiii), During the course of investigation, ASI/LW-19 examined and recorded the statement of complainant/LW-1 and on requisition to the Tahasildhar /L.W.14 conduced inquest over the dead body of deceased in presence of mediators and the same was photographed and subjected for autopsy. After postmortem examination, the dead body was handed over to her blood relatives. L.W.19 visited the scene of offence, secured the mediators, in their presence, drafted the CDF, drew rough sketch and seized the poison container having remnants i.e., of ADAMA Made Herbicide of 500 ml and the same was forwarded to the RFSL Unit Warangal for examination and report.

Subsequently, the Sub-Inspector of Police / LW-20 took up further investigation of this case, verifed investigation done by LW-19 and found it on proper lines. On the strength of Dying Declaration, LW-20 altered section of law from 498-A, 306 R/w 34 IPC to Sec. 498-A, 304-B R/w 34 IPC, Sec. 4 of

DP Act, 1961 and informed to LW-21/SDPO over phone.

tiv), Later LW-21/Sub-Divisional police ofcer proceeded to Police Station

Danthalapally and collected CD fle from LW-20/SI of Police and took up the investigation. During the course of investigation, LW-21 / SDPO visited the scene of offence, examined the scene of offence minutely, re-examined and re-record the statements of witnesses. On 21.01.2023, the LW-20/SI of Police,

PS Danthalapally apprehended the accused A1 to A4 at their home at Bodlada village at 13.00 hours and produced before the LW-21 at SDPO, ofce

Thorrur. On interrogation, they have voluntarily confessed to have committed this offence, and produced them before the JFCM, Thorrur for judicial remand. On completion of investigation and on receipt of relevant documents, he fled charge sheet against the accused. Hence, the charge.

4 S.C.No.48/2023, dt: 17.10.2024

2. The case was taken on fle as PRC No.15/2023, for the offence under

Section 493tA),, 304tB), r/w 34 of IPC and Section 4 of DP Act, against the accused, by the learned Judicial Magistrate of First Class, Thorrur.

3.On appearance of the accused in the Court, he was furnished with the copies of the relevant documents as contemplated under Section 207 of

Cr.P.C. The learned Magistrate having found prima facie case for the offence punishable under Section 498tA),, 304tB), r/w 34 of IPC and Section 4 of DP

Act, against the accused and since the offence 304tB), is exclusively triable by the Court of Sessions. Hence, the case was committed to the Court of

Principal Sessions Judge, Mahabubabad, under Section 209 ta), of Cr.P.C.

4. On hearing the learned Public Prosecutor and the Defence Counsel under Section 226 of Cr.P.C. and on considering the material on record, as per

Section 228 of Cr.P.C, charges for offence Sections 498tA),, 304tB), r/w 34 of

IPC and Sections 3 & 4 of DP Act against accused, were framed, read over and explained to them, in Telugu. They pleaded not guilty for the said charges and claimed to be tried.

5. During the course of trial, the prosecution has examined P.Ws-1 to 5 and Ex.P-1 to P-10 were marked. P.W-1 is complainant, / father of deceased,

P.W-2 is mother of deceased, P.W.3 is brother, P.W.4 is paternal uncle of deceased, P.W.5 is panchayath elder.

6. Since no incriminating material was found in the evidence of prosecution witnesses, there is no need to examine the accused under Section 313 Cr.P.C, hence examination of accused under Section 313 Cr.P.C. is dispensed with.

7. Heard the arguments of the leaned Public Prosecutor and the counsel for the accused.

8. The points that arise for determination are, as follows:

5 S.C.No.48/2023, dt: 17.10.2024

Whether the prosecution has proved its case and

established the guilt of accused for the ofence

punishable under Sections 498(A), 304(B) r/w 34 of

IPC and Sections 3 & 4 of DP Act, beyond all

reasonable doubts?

9. POINT : That the marriage of accused No.1 and deceased was a love marriage. The parents of deceased not accepted their marriage and the parents of accused No.1 accepted their marriage. Later they started harassment on the deceased with a demand of dowry. Due to constant harassment of accused 1 to 4, the deceased vexed with her life and committed suicide by consuming pesticide poison.

10.The complainant twho is father of deceased),as P.W.1 deposed that his daughter married accused No.1 against their consent. On 16-10-2022 their towack neighbour Sravanthi informed them that his daughter was suffering with stomach pain and consumed pesticide poison and she was shifted to hospital at Hanamkonda. They rushed to Ekashila Hospital, Hanamkonda to see their daughter. He gave complaint to police. Ex.P1 is the complaint. He further deposed that accused are not responsible for the death of deceased.

P.Ws.2 to 4 deposed that due to stomach pain the deceased consumed pesticide poison and died. Accused are no way concerned with the suicidal death of deceased. P.W.5 deposed that when the deceased was admitted in hospital, he went there, he does not know as to why the deceased had committed suicide.

On perusal of the record, it is seen that the accused 1 to 4 are none other than the husband and in-laws of deceased. The main witnesses P.Ws.1 to 4 who are blood relatives of deceased and P.W.5 is panchayath elder, did not depose anything against the accused and they all turned hostile. When the main witnesses turned hostile and did not support the case of prosecution, no purpose would be served even if L.Ws.5, 7 to 21 were examined. As such the learned public prosecutor has given up their evidence.

From the evidence of P.Ws.1 to 5 the prosecution could not prove anything against the accused persons. For the foregoing reasons, this Court has no hesitation to come to a conclusion that the prosecution has failed to establish the guilt of accused for the offence punishable under Section 498tA),, 304tB), 6 S.C.No.48/2023, dt: 17.10.2024 r/w 34 of IPC and Sections 3 & 4 of DP Act, beyond all reasonable doubt.

Accordingly, this point is answered.

IN THE RESULT: The accused 1 to 4 are found not guilty for the offence under Sections 498tA),, 304tB), r/w 34 of IPC and Sections 3 & 4 of DP Act.

Accordingly, they are acquitted under Section 232 of Cr.P.C., For the said charges.

The bail bonds of the accused shall stand cancelled after SIX months and they are set at liberty forthwith. The unmarked non-valuable property if any shall be destroyed after expiry of appeal time.

Typed to my dictation, corrected and pronounced by me in the open court on this the 17th day of October, 2024.

FAC Principal Sessions Judge Mahabubabad

:: APPENDIX OF EVIDENCE ::

WITNESSES EXAMINED ON BEHALF OF PROSECUTION

P.W-1Thalla Sathish07-08-2024 P.W-2Thalla Urmila07-08-2024 P.W-3Thalla Sukesh07-08-2024 P.W-4Thalla Prabhakar07-08-2024 P.W-5Jella Venkatesh07-08-2024 07-08-2024

WITNESSES EXAMINED ON BEHALF OF DEFENCE

-Nil-

DOCUMENTS EXHIBITED ON BEHALF OF PROSECUTION

Ex.P-1Complaint19-10-2022 Ex.P-2161 Cr.P.C. statement of P.W.119-10-2022 Ex.P-3161 Cr.P.C. statement of P.W.102-01-2023 Ex.P-4161 Cr.P.C. statement of P.W.219-10-2022 Ex.P-5161 Cr.P.C. statement of P.W.202-01-2023 Ex.P-6161 Cr.P.C. statement of P.W.319-10-2022 Ex.P-7161 Cr.P.C. statement of P.W.302-01-2023 Ex.P-8161 Cr.P.C. statement of P.W.419-10-2022 Ex.P-9161 Cr.P.C. statement of P.W.402-01-2023 Ex.P-10161 Cr.P.C. statement of P.W.522-01-2023

DOCUMENTS EXHIBITED ON BEHALF OF DEFENCE

-Nil-

FAC Principal Sessions Judge Mahabubabad