Smt. L Devi Ratna Kumari

PRC No.4/2018 -1-

IN THE COURT OF THE JUNIOR CIVIL JUDGE-CUM-JUDICIAL MAGISTRATE OF

I CLASS : BHIMADOLE.

Present :-Smt.L.Devi Rathna Kumari, Junior Civil Judge-cum-Judicial Magistrate of I Class, Bhimadole.

Friday, the 8th day of April,2022.

PRC No.4/2018

(Cr.No.37/2014 of Denduluru Police Station).

BETWEEN :

State: Represented by Inspector of Police, Bhimadole Circle Denduluru Police Station. …Complainant.

A N D

A.1.Kommireddy Nageswara Rao, S/o late Chinna Subbarao, Aged 57 years, Kapu, APS RTC Conductor, Jangareddygudem Depot, Staff No.376091, R/o Pangidigudem road, Jangareddygudem.

A.2.Burla Krishna Murthy alias Krishna, S/o Sanyasi Rao, Aged 38 years, T.Kapu, Near NTR Statue, Satrampadu, Eluru, Running motorcycle mechanic shed near Vijayalakshmi Theater, Eluru.

A.3.Natta Prasad S/o Prakasha Rao, Aged 35 years, SC Mala, Perugugudem Village, Denduluru Mandal, Running motorcycle mechanic shed at Pangidigudem Village, Dwaraka Tirumala Mandal.

A.4. Daggumilli Mohan Prakash S/o Gyana Prakasharao, Aged 42 years, SC Mala, Kothuru, Kamavarapukota Village and Mandal.

…Accused/A.1 to A.4

This case is coming on 08-03-2022 before me in the presence of the learned A.P.P. for the prosecution and of Sri.P.Raja Rao, Advocate, for the accused/A.1 to A.4 and having stood over for consideration to this day, this court made the following:

ORDER

1. The State represented by the Inspector of Police Officer, Bhimadole filed charge sheet against the accused for the offence punishable under Section 120(b), 302 r/w 34 of IPC & 109 IPC in Cr.No.37/2014 of Denduluru Police Station.

2. The charge sheet contents are that:

The deceased Pamarthi Venkata Ganesh s/o Narasimha Rao, 32 years,

Kapu, was resident of Savaram, Tanuku and he is younger son to his parents

Pamarthi Narasimha Rao (LW.10) and Leela Kumari (A-5) and had elder sister

Rajeswari @ Raji (LW.11). The mother of the deceased Leela Kumari had affair with A-1, who is working as conductor in APS RTC, Jangareddygudem before her

PRC No.4/2018 -2- marriage and also continued after her marriage. This issue was known by her husband (LW.10) and in this regard ill-feelings prevailed between them and he gave divorce to Leela Kumari through court. later, the A-5 Leela Kumari took her two children (the deceased and LW.11) and joined with her parents at Tetali and they nurtured her children. About 18 years back A-5 went to UAE as servant maid and oftenly she used to visit India to see her children and parents. The deceased and his sister Rajeswari (LW.11) oftenly used to meet their father (LW.10). About 9 years back the parents of A-5 viz Metla Somi Nayudu and Metla

Ammaji performed marriage of LW.11 with her brother-in-law (LW.12) and she blessed with two children. The deceased who grown up without care of his parents was addicted to all bad vices and used to live as per his wish. The A-5

Leela Kumari ascertained individual life of the deceased and about 6 years back, she performed marriage of the deceased with Naga Madhavi of Penugonda and he blessed with one son. The deceased used to torture his wife Naga Madhavi and she as could not endure harassment of the deceased, she discarded him and joined with her parents. Since then, he was living independently in the house of his mother at Savaram, Tanuku. The deceased used to threaten his mother for money and thereby caused mental agony. Once the deceased noticed his sister in company of Pardhagadda Saradhi of Tanuku and as such, himself and his brother-in-law (LW.12) murdered him and in this regard a criminal case was registered in Tanuku PS against both of them and the same was ended in acquittal. After that LW.12 discarded the LW.11 and as such, she went away to

Palakole and living with her children in a rented house. Whileso, the mother of the deceased(A-5)stopped sending money to the deceased and begin to send money to LW.11 and hence the deceased used to visit to LW-11's house and demand the money. Once time in absence of LW.11, the deceased visited the house LW.11, broken the house lock and damaged TV and other valuable items. This fact learnt by LW.11. and as such, she complained to A-5. The A-5 who vexed with attitude of her son, determined to kill her son, who became barrier to her as well as to her daughter. Accordingly, A.5 assured her daughter that next time when she visits India, she would and settle the problem permanently.

1)Accordingly in the third week of December 2013, the mother of the deceased Pamarthi Leela Kumari came to India from UAE and contacted her paramour A-1 through phone and sought his help to kill her son Venkata Ganesh who became barrier to her as well as her daughter also. Accordingly, A-1

Kommireddy Nageswara Rao promised to help A.5 and accordingly, he took responsibility of executing murder plan against the deceased. Accordingly, A-1

PRC No.4/2018 -3- met A-4 Daggumilli Mohan of Kothuru, Kamavarapukota who is culinary mestri and got acquaintance through one of his depot conductor and he promised to give co- operation. The A-1 took the A-4 Daggumilli Mohan went to the house of Leela

Kumari and introduced the A-4 Daggumilli Mohan to Leela Kumari. Later, A-4 demanded for Rs. 1, 00, 000/- and she agreed and paid Rs. 25, 000/- to A-4

Daggumilli Mohan. Later, A.4 introduced A-3 Natta Prasad of Perugugudem, who is running shed at Pangidigudem, D. Tirumala Mandal to A.1 and briefed him to execute one person and he promised to help them. Later, A-1 took A-3 & A-4 on his Bajaj CT 100 motorcycle bearing No. AP 37 S 8635 to the house of Leela

Kumari at Savaram, Tanuku and showed the deceased to A-3 & A-4 and asked them to kill the deceased Ganesh. But, as they were not possessing, so, they returned back to Tadepalligudem. Then after, 4 days later, A-1 called A-3 through phone and informed that the deceased Ganesh was proceeding towards

Vijayawada by hiring a bus and asked to make night halt at Vijayawada and to execute murder plan against Ganesh. Immediately, A-3 went to Eluru and met the A-2 Burla Krishna who is also mechanic and friend to A-3 and they both boarded RTC bus at Eluru in which the A-1 Kommireddy Nageswara Rao was on duty as conductor they reached at Vijayawada RTC bus complex. The A-1 asked the A-2 & A-3 to wait and he went into bus complex. Few minutes later, A-1 did phone call to A-2 and stated that the deceased Ganesh reached Vijayawada and he called him and asked A-2 & A-3 to come to bus stop out gate. On which, they both reached there, whereas, A-1 introduced the A-2 & A-3 to the deceased

Ganesh by saying that they are seeing alliance to him and accordingly,A-3 asked the deceased to accompany with him so that he will show bride in his house, which is at Krishna Lanka. But, the deceased Ganesh refused to go since, his owner will not agree to go outside and as such, he went away on the bus. On 5- 3-2014 the A-1 called to A-3 and asked him to be prepared for execution of murder of the deceased Ganesh. Accordingly, A-3 left from Pangidigudem on his

AP 27 E 6359 Suzuki Samurai motorcycle and went to mechanic shed of the A-2, secured him and reached old bus stand area, Eluru and waited for arrival of A-1.

Later, A-1 with the deceased reached that place on his motorcycle. Later, A.1 and A.3 visited Vasantha Mahal Center withdrew Rs.4, 000/- from ATM and A.1 gave it to A-3.A.3 took mechanic shed of A-2, they both consumed liquor near market area and then after, A-2 went and brought two iron rods from his mechanic shed and they both left from Eluru on Suzuki Samurai motorcycle AP 27

E 6359 and reached the spot. Meanwhile, the A-1 reached the spot with the deceased on his motorcycle and A-1 as per preplan A.1 has pretended and enquired for field of Chokka Anjaneyulu, meanwhile and he given signal to A-2.

PRC No.4/2018 -4- A.3 and and A-2 came with iron rods from behind the deceased and A-2 battered the deceased with rod hardly. The deceased with a view to save from blows has put his hands across and tried to escape, but A-2 & A-3 beat him with iron rods indiscriminately and he lasted his breath. Later, the A-1 asked A-3 to remove the belongings of the deceased as there is possibility of apprehension by the Police and he as such, A.3 removed purse and cell phone. A-1 has taken the cell phone of deceased, wheras, he gave purse to A-3. Later, A-1 left from there and returned to Jangareddygudem. whereas, the A-2 & A-3 reached Bhimadole

Junction via Satyanarayanapuram, consumed liquor and returned to Pangidigudem to the mechanic shed of A-3 and slept there. At about 4-00 AM, A-2 & A-3 woke up, reached Bhimadole Junction,called to A.1 and asked to hm wait at

Dubacherla. Later, from Dubacherla all together went to Bhimavaram on motorcycle. A-1 took the amount from LW.13, which he received from LW.11 and at about 1-00 PM paid Rs. 1, 30, 000/-to the A-2 & A-3. Later, they left from

Bhimavaram, reached Eluru on Suzuki Samurai motorcycle, distributed the amount equally and from there they departed to their destination.

2) On 6-3-2014 morning, LW.1, de-facto complainant Tadikonda Ranganadh s/ o Krishna Rao, 33 years, Kapu, Village Revenue Officer-II of Denduluru, lodged a written complaint about death of unknown male deceased.

3)LW.22.K.V.Ramaa, SI of Police, Denduluru PS, registered the case in Cr. No.

37/2014 U/s 302 IPC of Denduluru Police Station.

4)During the course of investigation, LW.23.N.Durga Prasad, Inspector of

Police, Bhimadole Circle, visited the scene before the mediators(LWs 1 & 17) seized blood stained grass and control earth. The LWs 1 & 17 (Mediators) got drafted scene observation report and the scene was photographed duly with the private photographer LW-15 and prepared rough sketch. After that, LW.23 held inquest over the dead body of the deceased on 6-3-2014 at 12 Noon onwards

before LWs 1, 17 & 18 (Inquest Panchayatdars) and before LWs 3 to 7 and

forwarded the dead body through LW.20 for autopsy. After that LW.23 secured the presence of witnesses LWs 6 & 7 who discovered the dead body at first, examined them and recorded their statements U/s 161 (3) Cr.P.C and conducted enquiries for establish of identity of unknown male person and also for the accused who murdered the deceased and for reasons.

5)On 18-3-2014 while conducting enquiry, the LWs 8 & 9 revealed the name of the deceased as Pamarthi Venkata Ganesh s/o Narasimha Rao, 32 years, Kapu,

PRC No.4/2018 -5- 13th ward, Tanuku and on which LW.23 examined them and recorded their statements U/s 161 (3) CrPC. On 20-3-2014 morning the father, elder sister and brother-in-law of the deceased turned up to Denduluru PS and on which LW.23 visited Police Station and showed the belongings of the deceased and got identified the belongings through LWs 1 & 19 (Mediators) and after that LW.23 examined them as LWs 10 to 12 and recorded their statements U/s 161 (3) CrPC.

LW.13 is the distant relative of the deceased and on the request of A5, he carried money from LW.11 to A1 accused.

6)LW.14.V.V.S.S.Swamy, who is Depot Manager, APS RTC, Jangareddygudem issued duty particulars with respect of the accused. As per records was the accused/A.1 was on leave on 5-3-2014 and 6-3-2014 and attended duty on 07-03-2014.

7)LW.23 obtained CDRs of the accused, visited Tanuku and secured the presence of one Chowdala Santhosh Kumar (LW.16) and examined him and recorded his statement. During enquiry, he found that LW.16 has lost his SIM at

Tanuku.

LW.21 Dr. M. Lava Raj, Civil Assistant Surgeon, District Head Quarters

Hospital, Eluru, conducted autopsy over the dead body of the deceased and issued postmortem certificate. He opined that the cause of death is due to

shock and hemorrhage due to subdural hemorrhage due to head injury.

The LW.23 asked the sister and father of the deceased to attend before the FSL,

Hyderabad for conducting DNA examination to know the biological relations of the deceased. But, they refused to come by saying that they were suffering from ill health.

8)On 26-3-2014 at 6-00 PM, A-1 was arrested by LW.23 near his residence vide Door. No. 10-235 at Pangidigudem road, Jangareddygudem. The A-1 gave confession before the mediators (LWs 1 & 19) that AP 37 S 8635 Bajaj CT 100 motorcycle belongs to the him, whereas SAMSUNG cell phone belongs to the deceased and accordingly, they were recovered from A-1. After that, A-4 was arrested by LW.23 his residence on 26-3-2014 at 8-30 PM at Kothuru,

Kamavarapukota (V) before the mediators (LWs 1 & 19). The A-4 gave confession about his part before mediators (LWs 1 & 19) and his confession reduced in to mediators report and later, A-3 was arrested at 11-00 PM near his mechanic shed at Pangidigudem (V) Dwaraka Tirumala (M) before the mediators. A-3 gave confession about his part with other accused and his confession was reduced into mediators report and iron rod, one black color leather purse belonging to the

PRC No.4/2018 -6- deceased and AP 27 E 6359 motorcycle, were seized under cover of mediators report.

9)On 27-3-2014 at 1-00 AM, the A-2 was arrested by LW.23 near A-2 residence at Satrampadu, Eluru before LWs 1 & 19 (Mediators) and sent him for judicial custody.

10)Before the occurrence A-5 left from India and presently she has been residing somewhere at UAE. Hence, she was not arrested.

The LW.23 has completed the investigation and filed the Charge sheet against the A1 to A5. The LW.24, Inspector of Police, filed the revised Charge sheet by spliting the case against the A5 and filed the Charge sheet against A1 to A4 and separately on A5. Later, LW.25.B.Nageswar Naik, Inspector of Police,

Bhimadole Circle, after completion of investigation filed the charge sheet against the accused/A.1 to A.4.

11. The Court took cognizance against the Accused, for the offences punishable under Sections 120(b), 302 r/w 34 of IPC & 109 IPC.

12.On appearance of the Accused/A.1 to A.4 before the Court, necessary copies of case documents were furnished to them, as required under section 207 of Cr.P.C.

13.I have perused the charge sheet, as well as the First Information report, the statements of the witnesses recorded under section 161(3) of Cr.P.C and also entire record, From all these facts and circumstances, I am of the view that the prosecution has made out the prima-facie, case against the accused for the offences punishable under sections 120(b), 302 r/w 34 of IPC & 109 IPC, and as Section 120(b), 302 r/w 34 of IPC & 109 IPC , are exclusively triable by the

Hon'ble Court of Sessions, therefore, this is a fit case to commit the matter to the

Hon’ble Court of Sessions.

14. Accordingly, The matter is committed to the Hon’ble Court of Sessions, under

Section 209(a) Cr.P.C., against the Accused.

15. The Accused/A.1 is released on bail, as per Orders of Hon’ble II Addl.

District and Sessions Judge, Eluru, vide Crl.MP.No.559/2014, dt.09-04-2014 in

Cr.No.37/2014 of Denduluru P.S, under Section 209(b) of Cr.P.C.

PRC No.4/2018 -7-

16.Under Section 209(c) of Cr.P.C., the office of this Court is directed to submit the entire case record and relevant documents (duly indexed) and also case property, immediately to the Hon’ble Court of Sessions

17.The committal of the matter to the Hon’ble Court of Sessions, is hereby communicated to the Learned Public Prosecutor under Section 209 (d) of Cr.P.C.

18When the Accused/A.1 to A.4 are questioned, they stated that they got means to engage an Advocate, for defending their case, before the Hon’ble

Court of Sessions.

Dictated to the Stenographer, transcribed by him, corrected and

pronounced by me in open Court, on this day of 8th, April,2022.

Sd/-L.Devi Rathna Kumari/-

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

Appendix of Evidence Witnesses Examined & Exhibits Marked For Prosecution : ForDefence: -None/Nil- -None/Nil- Material Objects Marked : Nil.

Sd/-L.Devi Rathna Kumari/-

JUNIOR CIVIL JUDGE-CUM-

JUDL. MAGISTRATE OF I CLASS,

BHIMADOLE.

1

IN THE COURT OF THE JUNIOR CIVIL JUDGE-CUM-JUDICIAL MAGISTRATE

OF I CLASS : BHIMADOLE.

Present :-Smt.L.Devi Rathna Kumari, Junior Civil Judge-cum-Judicial Magistrate of I Class, Bhimadole. Wednesday, the 13th day of April,2022.

C.C.No. 4/2021

. This case is coming on 06-04-2022 for final hearing before me in the presence of Learned APP for the prosecution and Sri.P.Sudhakar, advocatefortheaccused/A.1 to A.5 and upon hearing and having stood over the matter for consideration to this day, this Court delivered the following:

J U D G E M E N T

a)The Serial No. of the case: C.C.No.4/2021

b)The Date of Offence: On 04-12-2019

c)The Name of the Complainant: State represented by the Sub-Inspector of Police, Women Police station, Eluru West Godavari District

d)Name of the Accused : : A.1.Vesapogu Paul Ratnam S/o Vijayaratnam Late, Aged 23 years, SC madiga, Kovvottula Bazar, Ajithsingh Nagar, Vijayawada.

A.2.Vesapogu Ratnam alias Naga Ratnam, W/o Vijayaratnam, Aged 5 years, SC madiga, Kovvottula Bazar,AjithsinghNagar, Vijayawada.

A.3.Vesapogu Rajaratnam S/o Vijayaranatam, Aged 30 years, SC madiga,KovvottulaBazar, Ajithsingh Nagar, Vijayawada.

A4.Vesapogu Mary alias Merry Ratnam W/o Buduputi Kanaka Raju, Aged 29 years, SC Madiga, Winchpeta, vijayawada.

A.5.Gurindaplli Saararatnam W/o Ramesh, Aged 33 years, SC Madiga, Harijanawada, Telaprolu, Krishna District.

e)The offence complained of: Offence under Section 498-A,506- II r/w 34 of Indian Penal Code and Section 3 and 4 of Dowry 2

Prohibition Act,1961

f)The plea of Accused and his: Accused pleaded not guilty. examination, if any

1. The Sub- Inspector of Police, Woemn Police Station,Eluru, has filed

Charge-Sheet against the Accused/A.1 to A.5 in Crime No.135/2019, for the offences punishable under Sections 498-A, 506-II r/w 34 of Indian

Penal Code and Section 3 and 4 of Dowry Prohibition Act,1961.

02.The Case of the Prosecution in brief is that,

The marriage of LW.1 Vesapogu Sravanthi, native of Denduluru

Village and Mandal. The accused are residents of Kovvottula Bazar, Ajith

Singh Nagar and Winchpet of Vijayawada. The LW.1 was doing B.Tech II year in vijayanagaram, she got acquaintance with the A.1 resident of

Ajithsingh Nagar, Vijayawada through Facebook in the year 2016 subsequently their converted into live and and both of them got married (Social Marriage) in Singh Nagar, Vijayawada in the presence of her husband's elder brother, sister in law and their relatives on 24.4.2017 without knowledge of LW1's parents. Later, the A.1 was addicted bad vices like drinking alcohol etc., and beats her with the encouragement of A.1 family members on the ground that she did not bring any dowry from her parents house and demanding her to bring

Rs.5 Lakhs towards dowry. Unable to bear their harassment, she informed the said issues to her parents. on that her parents Rs.2 lakhs and gave the money to her husband A.1 towards dowry in the presence of A.1 family members and advised her husband to live with his wife amicably. But, the A.1 to A.5 were not satisfied with the amount and they continued their mental and physical harassment on the LW.1 by demanding her to bring some more money towards additional dowry from her parents. Later, the A.1 to A.5 learnt that there is no any property of her parents in her name and since then they threatened the

LW1 they would kill her away by pouring kerosene and perform another marriage to the A.1 with another woman by taking Rs.10 lakhs dowry.

The LW.1 was afraid of them and came down to her parents house in

Denduluru and later she approached Eluru Women PS and lodged a report about the occurrence. .

LW.6.D.Ganga Bhavani, SI of Police, Eluru Women PS registered the case in Cr.No.135/2019 Under Section 498-A,506-II r/w 3 34 IPC and Section 3 and 4 of D.P.Act of Eluru Women PS. During the course of investigation, LW.6. examined LW.1 to 5 and recorded their statements and also prepared rough sketch. She issued 41-A Cr.P.C.

notice to the accused and After completion of investigation, she filed the Charge Sheet against the them.

03.The Court took cognizance of the offences Punishable under

Sections 498-A,506-II r/w 34 of Indian Penal Code and Section 3 and 4 of

Dowry Prohibition Act,1961 against the Accused/A.1to A.5. On appearance of the Accused before the Court, copies of documents were furnished to them, as required under Section 207 of Cr.P.C. The

Accused was examined under Section 239 of Cr.P.C. and after hearing both sides, Charges were framed against the Accused for the offences punishable under Sections 498-A,506-II r/w 34 of Indian Penal Code and

Section 3 and 4 of Dowry Prohibition Act,1961, read over and explained to them in Telugu. They pleaded not guilty and claimed to be tried.

4.During the course of trial, in order to prove the Case, the

Prosecution has examined PWs.1 and 2 and got marked Exs.P1 to P3.

The evidence of LW.2.G.Nageswaramma, LW.4.V.Sivalakshmi,

LW.5.K.Kanakeswara Rao and LW.8.D.Gangabhavani, SI of Police, Eluru

Women PS was given up by the Learned Assistant Public Prosecutor.

After closure of the Prosecution evidence, Section 313 of Cr.P.C., was dispensed, as there was no incriminating evidence appeared against the accused.

05. Heard Arguments on both sides.

06. Now the point for determination is:

Whether the Accused have committed the offences

Punishable under Sections 498-A,506-IIr/w 34 of Indian

Penal Code and Sections 3 and 4 of Dowry Prohibition Act,

1961 and Whether, the Prosecution has proved the

guilt of the accused, beyond all reasonable doubt?

Point:-

07.I have perused the oral and documentary evidence. In support of its contention, the prosecution has examined P.Ws 1 and 2 and Exs. P1 to P.3 were marked through her. The prosecution has given up the evidencesofLW.2.G.Nageswaramma,LW.4.V.Sivalakshmi,

LW.5.K.Kanakeswara Rao and LW.8.D.Gangabhavani, SI of Police, Eluru

Women PS, as PW.1 turned hostile and did not state anything about the offence committed by the accused.

4

On perusal of the prosecution evidence, it shows that the defacto complainant has compromised with the accused and as such, she turned hostile and did not state anything against the accused about the commission of offence.

8.under Section 498-A I.P.C.:

It is pertinent to consider Section 498-A of I.P.C. Which reads that:-

Who ever being the husband or the relative of the husband of a women, subjects such woman, to cruelty shall be punished with imprisonment for a term which may extended to three years and shall also be liable to fine. Explanation: For the purpose of this section “Cruelty” means:-

(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (Whether mental or physical) of the woman.

(b)harassment of the woman, where such harassment is with view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

The expression “Cruelty” has been defined for the purpose of

Section 498-A I.P.C and it has two limbs. The first limb envisage the willful conduct on the part of the husband or his relative towards the woman, which made likely to drive the woman to commit suicide or to cause grave injury or danger to life, to limb or health (either mental or physical). Therefore, the explanation willful conduct requires to be understood in conjunction with the other requirements i.e. the consequences of such a conduct on the wife. The second limb contemplates the harassment of the woman, which harassment shall be with a view to coerce the woman or any person relating to her to meet any unlawful demand for any property or valuable security or is on account of their failure to meet such demand. Therefore, harassment must be accompanied by unlawful demand for property or valuable security.

9.Clause (a) of the Section 498-A of I.P.C.: Upon careful observation of the evidence of P.W.1, it is apparent that there has been no whisper in her entire evidence about the consequences of alleged harassment of accused. The evidence of P.W.1 does not say anything about the consequences of such conduct of accused effecting her health either physically or mentally. Further, during the evidence of PW.2, he 5 also did not state anything about the case and turned hostile. As such,

Ex.P.3 is marked through him.

10.As per the first limb of the penal provision, the conduct of accused should be in such a manner to cause consequences stipulated therein and the accused should apply his willful conduct to cause such a danger to P.W.1 and that the conduct of accused should result in the adverse consequences as contemplated in clause (a) unless the prosecution established the same by adducing positive evidence.

11. Section 506-II of IPC :-If threat be to cause death or grievous hurt, etc.—and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

12. Sec. 3 of D.P.Act: In the report and in charge sheet, it is mentioned that the parents of the Defecto-Complainant gave of

Rs.2,00,000/-Cash. It is well known fact that Sarisamanulu will not be strictly constitute as dowry.

13.under Section 4 of D.P.Act: In Ex.P1 report as well as in the charge sheet, it is mentioned that Accused used to demand additional dowry. But, whereas, during the evidence of PW 1, she did not state anything about this case and turned hostile. As such, Ex.P.1 and P.2 are marked through her.

14. Therefore, upon perusal of the evidences of prosecution, it shows that both the parties have compromised out of the court and as the main witness has turned hostile and did not state anything about the commission of offence by the accused. Hence, I hold that the

Prosecution has failed to prove the guilt of the Accused for the charged offences, beyond all reasonable doubt.

15. In the result, Accused/A.1 to A.5 are found not guilty for the offences punishable under Section 498-A,506-II r/w 34 of IPC and

Section 3 and 4 of D.P. Act and hence, they are acquitted under

Section 248(1) of Cr.P.C. The bail bonds of accused shall lapse after a 6 period of six months from the date of this judgment. No property order is passed, as no case property is produced by the police before the court.

Dictated to the Stenographer, transcribed by him, corrected and

pronounced by me in open Court,on this the 13th day of April,2022.

Sd/-L.Devi Rathna Kumari/-

Junior Civil Judge-cum-

Judicial Magistrate of I Class,

Bhimadole.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION: FOR DEFENCE: PW-1: V.Sravanthi NIL PW-2 : N.Jayakumar

DOCUMENTS MARKED

FOR PROSECUTION: FOR DEFENCE: Ex.P-1:signature of PW.1. on the report NIL Ex.P-2: Section 161 Cr.P.C Statement of PW.1. Ex.P-3 : Section 161 Cr.P.C. statement of PW.2.

MATERIAL OBJECTS: FOR PROSECUTION:NIL FOR DEFENCE: NIL

Sd/-L.Devi Rathna Kumari/-

Junior Civil Judge-cum-

Judicial Magistrate of I Class,

Bhimadole.

1

IN THE COURT OF JUNIOR CIVIL JUDGE-CUM- JUDICIAL MAGISTRATE

OF I CLASS :: BHIMADOLE.

Present : Smt. L.Devi Rathna Kumari,

Junior Civil Judge-cum- Judicial Magistrate of I Class :: Bhimadole.

Wednesday, this the 13th day of April ,2022

C.C.No.210/2019

Between:

Mulagala Gandhi, S/o Gopalarao, Aged 40 years, Hindu,D.No.6-16, Dwaraka Tirumala Village and Mandal.

. . . Complainant

A N D

Sandeep Kumar Shaw alias Sandeep Shaw, S/o Vijayashaw, Aged 40 years, Hindu,Male, D.No.14-42/1, Siram Nagar Colony, Patancheruvu, Sangareddy District.

. . . Accused

This case has come before me on 13-04-2022 for final hearing and disposal in the presence of the Sri.G.V.Prasad Babu, Adovcate for the complainant and that there is no advocate for Accused on the stage of the case is at summons stage and upon hearing the complainant and the matter having been stood over for consideration till this day, this Court deliver the following:

:: ORDER DOCKET DATED 13-04-2022::

Complainant is called absent.No representation. Batta is not filed, trough conditional order is passed.Hence, in the result, the case is dismissed for default.

Sd/-Smt.L.Devi Rathna Kumari/-

Junior Civil Judge-cum-

Judicial Magistrate of I Class,

Bhimadole.