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IN THE COURT OF THE ASSISTANT SESSIONS JUDGE ::
MANGALAGIRI.
Present: Smt. M. Anjani Priyadarsini,
Assistant Sessions Judge, Mangalagiri.
Wednesday, this the 26th day of March, 2025
SESSIONS CASE No.499 of 2023
P.R.C.No.15/2023 of Addl. Judl. Magistrate of First Class, Mangalagiri in Cr.No.681/2022 of Tadepalli P.S. Between:
State: Sub Inspector of Police, Tadepalli Police Station.… Complainant.
And
Thagarapu Nagaraju, s/o. Durga Rao, 30 years, r/o. 22nd Lane, Mahanadu, Tadepalli Town & Mandal.… Accused.
This case came up before me on 24.03.2025 for final hearing in the presence of the learned Additional Public Prosecutor for the prosecution and of Smt. N. Rajani, Legal Aid Counsel for the Accused, the matter is having stood over for consideration, till this day, this Court delivered the following:-
J U D G M E N T
The Sub Inspector of Police, Tadepalli Police Station, filed charge sheet in Cr.No.681/2022 for the offence punishable under
Sections 498A and 307 of the India Penal Code against the accused.
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2. The case of prosecution, in brief, is that,
P.W.1-Goda Nireekshana along with P.W.4-Thagarapu Sudharani who is daughter of her elder sister are working in a Decoration Shop at
Kaleswara Rao Market, Vijayawada and both of them used to go to
Vijayawada daily. Due to some misunderstandings with her husband i.e., the accused, P.W.4-Sudharani is living separately from the accused and they had three children. Since few days, wile they were returning from
Vijayawada, the accused who is the husband of P.W.4-Sudharani used to follow them and threatened them for money. The accused already addicted to alcohol and without going to any work used to take alcohol being scared about the accused, his wife Sudharani also gave money to him. If she did not give money as demanded by the accused, he used to threaten that he will kill her and their children.
ii) On the night of 02.09.2022 at about 9.15 p.m., P.W.1-Goda
Nireekshana along with P.W.4-Sudharani got down from the bus near
Milk Dairy, Kolanukonda village and while both of them were going via mud road, meanwhile, the accused followed them, suddenly stopped
Sudharani and asked her to continue her marital life with him and give earned money to him. Then, being scared about the accused, she went to the house of her elder sister P.W.3-Budumuri Nayomi. Then, all of a sudden, the accused took a knife and attacked on his wife Sudharani with an intention to kill her, stabbed on her right side of breast. Immediately,
P.W.1 Nireekshana along with her elder sister rushed there, but, the accused thrown the said knife upon her elder sister. She received an abrasion injury to the right hand wrist. Meanwhile, P.W.2-Kalikurti
Yesteru Rani i.e., mother of P.W.4-Sudharani along with others came and on seeing them, the accused escaped from there. Due to stab injuries,
P.W.4-Sudharani fell down and went into unconscious state.
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Immediately, she was shifted to Government General Hospital,
Vijayawada for treatment. As she was unable to speak, P.W.1 came to
Tadepalli Police Station and gave a report.
iii) Basing on the report of the defacto complainant, P.W.7-R.
Narayana, the then Sub Inspector of Police, Tadepalli Police Station registered a case in Crime No.681/2022 under Section 307 IPC on 03.09.2022 at 11.00 hours and investigated the case. During the course of investigation, he visited ICU Ward at ‘C’ Block of 2nd Ward,
Government General Hospital, Vijayawada and found the injured i.e.,
P.W.4 undergoing treatment. On the same day, he secured P.Ws.1 to 3, examined and recorded their detailed statements. He secured blood stained clothes of victim P.W.4 from the possession of P.W.1. Later, he visited the DGP Square Apartment, Kolanukonda village and inspected the scene of offence in the presence of mediators i.e., P.W.6-K.
Subhashini Bhai and L.W.7-Shaik Mabhu Subhani, seized one pair of blue colour Walkaroo company footwear belongs to the accused under a cover of Scene Observation Report duly attested by the mediators and prepared rough sketch of the scene of offence. On 05.09.2022, he visited
Government General Hospital, Vijayawada, where he after taking consent of the Medical Officer, examined P.W.4-Sudharani and recorded her statement. As per the evidence of P.W.4, he added Section 498A IPC and submitted a memo to that effect.
iv) During the course of further investigation, on 05.09.2022, he took the accused into custody near Manipal Hospital Center, Tadepalli, interrogated him thoroughly and the accused made a clear confession about this offence. Basing on the confession of the accused, he recovered crime weapon knife (having length of 27 cm, out of them sharpness part of iron blade is 13.5 cm and remaining wooden handle is 4 in the length of 13.5 cm.) from the possession of the accused. He arrested the accused in the presence of mediators and sent him for judicial remand.
v) As per his investigation, while the injured woman (P.W.4) was working at Vijayawada fallen love with the accused and about nine years back, both of them got married. During their wedlock, they blessed with two sons and one daughter. The accused being addicted to consume alcohol, without going to any work, subjected the injured woman to cruelty and harassed her both physically and mentally with a demand to give money. Due to unbearable harassment, P.W.4 along with her children got separated from the accused and she has been residing separately at the house of her mother i.e., P.W.2-Kalikurti Yesteru. Since then, P.W.4 along with P.W.1 were working as Sales Girls at Kaleswararao Market,
Vijayawada by going from the house every day. Though the P.W.4 is residing separately, the accused used to follow her in night time and demanded her to give money to consume alcohol. If P.W.4 did not give money, the accused used to threaten her with dire consequences that he will kill her and their children. About two months back, P.W.4 gave a report in Disha Police Station, Guntur and the accused is attending for counselling. As usual, on 02.9.2022 at about 9.00 p.m., when P.W.1 along with P.W.4 got down from bus at NH-16 Service Road and while both of them going towards their village by mud road, in the meanwhile, the accused followed them and at about 9.15 p.m., he went to the injured, got stopped her, demanded her to give money by asking to continue her marital life with him. As the accused picked up quarrel with the injured woman, P.W.1 intervened, but, the accused slapped P.W.1 and all of a sudden, he took a knife, attacked her and stabbed on her right breast and right side stomach by raising cries that she will go for die. As a result, the 5 injured P.W.4 received severe bleeding injuries and fallen into unconscious state. Immediately, P.W.1 informed the same to P.Ws.2 and 3 and they rushed there and when on their arrival, the accused escaped from the said place. Then, all of them shifted P.W.4 to Government
Genral Hospital, Vijayawada for treatment. P.W.5-Dr. P. Ramesh Chand,
Casualty Medical Officer, Government General Hospital, Vijayawada who treated the injured issued wound certificate opining that the injuries of
P.W.4 are grievous in nature. After completion of investigation, the Sub
Inspector of Police, Tadepalli Police Station filed charge sheet against the accused for the offences under Section 498A and 307 IPC.
3. The learned Additional Judicial Magistrate of First Class,
Mangalagiri, has taken cognizance against the accused for the offences punishable under Sections 498A and 307 of the IPC.
4. On appearance of the accused, copies of documents were furnished to him as required under Section 208 of Cr.P.C.
5. The learned Additional Judicial Magistrate of First Class,
Mangalagiri committed the case to the Hon’ble Court of Sessions,
Sessions Division, Guntur District, holding that an offence under Section
307 of IPC is exclusively triable by the Court of Sessions.
6. The Hon’ble Principal District and Sessions Judge, Guntur, numbered the same as Sessions Case No.499/2023 and made over the same to this Court for disposal in accordance with law.
7. On appearance of the accused, after hearing the learned
Additional Public Prosecutor and learned counsel for the accused, the
charges under Sections 498A and 307 of IPC against the accused have been framed, read over, and explained to him in Telugu, for which, he pleaded not guilty and claimed to be tried.
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8. During the course of trial, the prosecution examined P.Ws. 1 to 7. Exs. P1 to P7 and M.Os.1 to 4 are marked. Ex.D1 is marked during cross examination of P.W.2.
9. After closure of prosecution evidence, the accused was examined under Section 313 of Cr.P.C. by putting the incriminating material appearing against him in the evidence of prosecution witnesses, for which, he denied and reported that he has no defense evidence.
10. Heard arguments.
11. Now the point for determination is:
“Whether the prosecution has established the guilt against the
Accused for the offences under Sections 498A and 307 of
Indian Penal Code beyond all reasonable doubt?”
P O I N T:-
12. In order to establish the guilt accused the accused, the prosecution examined P.Ws.1 to 7 and marked Exs.P1 to P7 and M.Os.1 to 4.
13.P.W.1 in her chief examination deposed that in the year 2014, the marriage of Tagarapu Sudharani (P.W.4) was solemnized with the accused and their marriage was a love marriage and they have begotten three children. The accused was having good relationship with
P.W.4 for some time. Later, the accused habituated to bad vices like drinking alcohol and gaming and used to abuse his wife i.e., P.W.4 both physically and mentally by beating her and scolding her in filthy language as he was habituated to bad vices. She further deposed that in the year 2021, P.W.4 gave a complaint against the accused in Disha Police
Station, Guntur, for which, the police called for the counseling of the both 7 parties. During the pendency of the above said complaint i.e., on 02.09.2022 at about 9.00 p.m., herself and P.W.4 Sudha Rani were returning from the work place to their home in RTC bus, the accused followed them in an auto. When they got down at DGP square metal road, the accused followed them and was keep talking with the P.W.4.
While continuing conversation with them, all of a sudden, the accused took out a weapon i.e., Vulikatti which is used by him regularly for carpenter work and stabbed P.W.4 on her right breast, right side of the stomach, due to which, she fell unconscious. The said Vulikatti is having wooden handle and the same is marked as M.O.1. She further deposed that she called P.W.3 Nayomi. Immediately, P.W.3 rushed to the scene of offence and she tried to stop the accused and prevent him. The accused tried to throw the M.O.1 weapon, for which, P.W.4 Sudharani sustained lacerated bleeding injury over the right wrist. Immediately, they made a call to police and P.W.4 was shifted to Government Hospital,
Vijayawada, due to medical emergency and there, she undergone medical treatment continuously as inpatient about 15 days. After coming from the hospital, she went to the Tadepalli police station and gave a complaint against the accused and the same was registered the as F.I.R against accused. P.W.1 identified her signature in the complaint I.e., filed along with the F.I.R. She admitted that she knew the contents of her complaint. Ex.P.1 is the report given to the police. They handed over the cloths that were wore by the victim ie., injured P.W.4. P.W.1 identified the dress top of P.W.1 and the same is marked as M.O.2. P.W.1 also identified the blood stained pink chunny shown in the open court by the prosecution and the same is marked as M.O.3. The cause of the commission of offence by the the accused is that P.W.4 Sudha Rani was 8 not interested to rejoin with the accused to continue to live in matrimonial home.
14.Coming to her cross examination, P.W.1 deposed that though she has not seen the harassment done by the accused personally, as a family member, she came to know from P.W.4 Sudha
Rani about the details of abusing her mentally and physically. The accused every time whenever he wanted money to him, for satisfying his bad vices, he used to beat and scold the victim i.e., P.W.4. The accused used to follow P.W.4 Sudha Rani where ever she goes like working area and other places and used to demand the money for drinking alcohol and playing cards. The very next day of commission of offence, she handed over the blood stained cloths I.e., M.Os.2 and 3 to the police. Police examined me, but, she did not remember the date on which they examined her. She does not know who were examined by the police along with her. P.W.1 denied the suggestion that no offence took place at scene of offence and no such kind of harassment was done by the accused against P.W.4 Sudha Rani. She stated that she does not know when the M.O.1 was seized by the police, but, where as, she handed over M.Os.2 and 3 to the police on the next day. The accused had attempted to kill P.W.4 Sudha Rani with a malafied intention as she did not join with him in the matrimonial home, thereby, he bore grudge over her. P.W.1 denied the suggestion that as she am relative of P.W.4
Sudha Rani village, she is giving false evidence against the accused.
15. P.W.2 i.e., the mother of P.W.4 injured deposed that in the year 2014, the accused got married P.W.4 Sudha Rani and it was a love marriage. The accused is a carpenter. Her daughter P.W.4 is working in wholesale decoration shop at Kaleswararao Market, Vijayawada. The accused and P.W.4 together begotten one female child and two male 9 children. The accused had good relationship with P.W.4 till the birth of three children. Later, the accused habituated to bad vices and used to beat her and abused her both mentally and physically. After getting separated, the accused used to follow P.W.4 and used to get money from
P.W.4 whenever required. P.W.4 gave complaint against accused at
Guntur Police Station, for which, the police called the accused and P.W.4 for counseling for two to three times. On 02.09.2022 at about 9.30 p.m.
her younger sister i.e., P.W.1 and elder daughter P.W.4 were returning to the home from Kaleswararao market, the accused was started following them in an auto. When they reached the scene of offence, again the accused followed them by walk and started quarreling with P.W.4. By that time, P.W.1 got afraid of the movement of the accused and made a call to P.W.3 Budumuri Nayomi. By the time, the Nayomi reached, the accused attacked P.W.4 Sudha Rani on her right breast and under the ribs. P.W.3 Nayomi tried to prevent the accused and the accused thrown the weapon on P.W.3 Nayomi, and the weapon caused lacerated bleeding injury over the right wrist of the P.W.4. Tthey shifted her to
Government General Hospital, Vijayawada in ambulance. P.W.4 was inpatient for 15 days in the Government General Hospital, Vijayawada.
The accused intentionally attacked over P.W.4 as she got separated from him and came to their home.
16.Coming to the cross examination of P.W.2, she deposed that by the time of commission of offence, there was no public access to that area. She denied the suggestion that she does not know personally about the dispute between the accused and P.W.4. She further denied the suggestion that she does not know whether the accused used to abuse P.W.4, both mentally and physically, for want of money to satisfy his bad vices. P.W.2 admitted that she came to know that the accused 10 used to follow P.W.4 regularly. She further denied the suggestion that she did not see that the accused thrown M.O.1 weapon on P.W.3 by which she got lacerated injury. She did not observe the measurement and the nature of weapon that was used by the accused by the time of commission of offence as she was in very hurried moment.
17. P.W.3 i.e., sister of P.W.1 deposed that in the year 2014, the accused got married to the P.W.4 Sudha Rani and it was a love marriage.
They got three children i.e., one female child and two male children. The accused had good relationship with P.W.4 till the birth of three children.
Later, the accused habituated to bad vices and used to beat P.W.4 and abused her both mentally and physically. After getting separated, the accused used to follow P.W.4 and used to get money from P.W.4 whenever required. P.W.4 gave complaint against accused at Guntur
Police Station, for which, the police called the accused and P.W.4 for counseling for two to three times. On 02.09.2022 at about 9.30 p.m., her younger sister I.e., P.W.1 and P.W.4 were returning to the home from
Kaleswararao Market, the accused was started following them in an auto and while reaching the scene of offence, again, the accused followed them by walk and starting quarreling with P.W.4. By that time, P.W.1 got afraid of the accused and made a call to her. By the time, she reached, the accused attacked over P.W.4 on her right breast and under the ribs and she tried to prevent the accused. The accused thrown the weapon on to her and the weapon caused lacerated bleeding injury over the right wrist of her. They shifted to Government General Hospital, Vijayawada in an ambulance. P.W.4 was inpatient for 15 days in the Government
General Hospital, Vijayawada. The accused intentionally attacked over
P.W.4 as she got separated from him.
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18.P.W.3 in her cross examination deposed that by the time of commission of offence, there was no public access to that area. She denied the suggestion that she does not know whether the accused used to abuse P.W.4 and harassed both mentally and physically for want of money to satisfy his bad vices. During her cross examination, P.W.3 admitted that it is true she came to know that the accused used to follow
P.W.4 regularly through, P.W.4 and P.W.1. She denied the suggestion that the accused did not throw M.O.1 weapon on her and she did not sustain lacerated injury. She further denied that the accused did not use
Vulikatti for commission of offence. P.W.3 admitted that it is not mentioned in Section 161 statement of her that she got lacerated injury, for which, the police sent her for TT injection.
19.P.W.4 wife of the accused and the injured deposed that she got married accused in the year 2014, it is a love marriage and they begotten three children. After birth of the 3rd child, the accused started neglecting her as he is habituated to bad vices and simply abused her and day by day, the accused increased to harass her both mentally and physically and by the act of the accused, she suffered a lot. As she was unable to bear the harassment that was done by the accused, she came to her parents house and joined in a decoration shop at Kaleswararao
Market in Vijayawada. Even after that, the accused used to follow her and demanded her money to have alcohol. On 02.09.2022 i.e., on the date of the alleged offence also the accused followed her and started demanding her the money, for which, she denied and started journey from Kaleswararao market to her home. But, the accused did not ignore the same and followed her in an auto till the scene of offence. There, the accused started quarreling with her and she tried to go to home by crossing him. But, all of sudden, the accused pushed her and stabbed 12 with M.O.1 knife on her right chest and under the ribs on the stomach due to which, she sustained bleeding injury and fell unconscious. She does not know what was happened after that. Later, she was inpatient in the hospital for 15 days. On the very next day of the commission of alleged offence, she was examined by the police at Hospital. The accused intentionally attacked her to kill as she was not living with him.
20.P.W.4 deposed in her cross examination that she came to know that P.W.3 sustained lacerated injury. She came to consciousness at the evening hours of 03.09.2022 and after that, police examined her.
She can not say the cadre of the police examined her at hospital. She denied the suggestion that the accused never demanded money for satisfaction of his bad vices. In addition to that, she deposed that the accused used to demand money from her, by that time, when she started joining in the duty, whenever he required to fulfill his bad vices like drinking alcohol etc.
21.P.W.5 Dr. P. Ramesh Chandra, the then Causality Medical
Officer, Government General Hospital, Vijayawada deposed that on 02.09.2022, P.W.4 was brought to Casualty at 11.10 p.m., with stab injuries. There was a stab wound measuring 2 x 2 x 1.5 cms. in the right abdomen and also another stab wound measuring 2 x 1 x 1.5 cms on the right side of the chest. P.W.4 was brought in semi conscious condition and difficulty breathing. The patient was stabilized in the emergency room and was sent for further tests. A CT-scan was done with number
MLC 2994, 2995 which shown minimal right hemothorax, moderate right pneumothorax and fracture of 6th rib and also small air collection in the right breast. P.W.4 was admitted and surgery was performed on the next day and was discharged. He opined that the injuries of P.W.4 are grievous in nature and the patient sustained injuries severely which were 13 pierced by a sharp edged weapon. The above wounds are mentioned in
Ex.P2-wound certificate issued by him. The patient sustained deep injury in the lung. He denied the suggestion that these injuries are possible if the patient was falls on iron rods. In addition to that he deposed that the injuries are piercing in nature, so, it is only possible whenever any person stabs with sharp edged weapon.
22.P.W.6 K. Subhashini Bhai, Village Revenue Officer,
Vaddeswaram, i.e., the mediator for Scene Observation Report, arrest of the accused and seizure of M.O.1 deposed that on 05.09.2022 at 4.00 p.m., herself and Village Revenue Assistant, Sub Inspector of police
Rural and two other constables went to the Manipal Hospital center. They found the accused was wandering near Manipal Hospital center suspiciously and then, the Sub Inspector of police caught hold him, enquired him. Then, the accused confessed before police in her presence that the accused committed an attempt to murder on his wife on 02.09.2022 at about 9.00 p.m., he also confessed before the police in their presence that he preserved the weapon that was used in commission of crime at scene of offence and that was seized by the police according to the confession of accused leading to the scene of offence and there, the police seized the weapon and that the accused was arrested under mediator report dated 05.09.2022 at 5.30 p.m., and the mediatornama was closed by 6-30 p.m., She affixed her signature in both panchanamas I.e., first mediatornama dated 05.09.2022 at 4.00 p.m., and another mediatornama dated 05.09.2022 at 5.30 p.m. P.W.6 identified her signatures in both mediatornamas. Ex.P.3 is mediatornama
dated 05.09.2022 at 4.00 p.m., and Ex.P.4 is mediatornama dated
05.09.2022 at 5.30 p.m., The police prepared scene observation report 14
dated 03.09.2022 at the scene of offence. P.W.6 identified her signature
in scene observation report. Ex.P.5 is Scene observation report.
23.Coming to her cross examination, P.W.6 deposed that by herself went to the place of arrest. She went to the scene of offence at about 2.00 p.m. on 03.09.2022 to act as mediator while the police were preparing the scene observation report. The scene observation report was prepared in the laptop of the police. She affixed her signatures at the scene of offence and place of offence only with regard to Exs.P.3 to P.5.
All the three Exs.P.3 to P.5 were prepared in her presence and she affixed her signatures there itself where Exs.P.3 to P.5 were prepared.
She denied the suggestion that the accused is no way related to this case. She further denied the suggestion that she is deposing false to support the version of the prosecution at the request of the police.
24.P.W.7-R. Narayana, the then Sub Inspector of Police,
Tadepalli Police station deposed that on 03.09.2022 at 11.00 a.m., he received a written complaint from P.W.1 stating that the accused stabbed
P.W.4 with M.O.1, thereby, P.W.4 sustained bleeding injuries and deep lacerated injuries and she was shifted to the Government Hospital,
Vijayawada, he registered a case in Cr.No.681/2022 under Section 307 of
IPC of Tadepalli Police Station against the accused. He sent original FIR to the Additional Junior Civil Judge-cum-Judicial Magistrate of First Class,
Mangalagiri on 03.09.2022. He visited Government General Hospital,
Vijayawada, there, he found the injured P.W.4 was undergoing treatment and she was in unconscious state and could not talk. He examined
P.Ws.1 to 3 and recorded their statements under Section 161 C.r.PC.
P.W.1 handed over blood stained cloths that were wore by P.W.4. By securing the mediators, he went to the scene of offence along with
P.Ws.1 to 3. He made scene observation and prepared report in the 15 presence of P.W.6 and L.W.7-Shaik Mabhu Subhani. At the scene of offence, he found one pair of slippers of accused. He seized it as a case property and submitted to the court. M.O.4 is one pair of slippers. P.W.7 identified the slippers which are in blue colour. He secured L.W.4-Gurrala
Durga Prasad at scene of offence and recorded his statement under
Section 161 Cr.P.C. He prepared rough sketch of scene of offence,
Ex.P.6 is original FIR. Ex.P.7 is rough sketch. On 05.09.2022, he visited
Government General Hospital, Vijayawada and recorded the statement of the injured I.e., P.W.4 under Section 161 Cr.P.C. Basing on the statements given by P.Ws.1 to 3 and L.W.4-Gurrala Durga Prasad, he added section of law in addition to Section 307 IPC and filed altered FIR with Section 498-A, 307 of IPC. On the same day, basing on credible information, he went to the Manipal Hospital center along with the mediators and found the accused and arrested him in the presence of mediators under Ex.P.4, and thereby, they went to the scene of offence for the seizure of the weapon basing on the confession made by the accused and the weapon was seized under Ex.P.5 in the presence of two mediators i.e., P.W.6 and L.W.7-Shaik Mabhu Subhani. On 06.09.2022, the accused was sent to judicial remand. On 20.12.2022, he received wound certificate of P.W.4 from P.W.5, and after completion of investigation he filed charge sheet.
25.During cross examination, P.W.7 the Investigating Officer deposed that they received complaint from the PW.1. He went to the scene of offence on the same day after receiving complaint. He did not obtain signatures of accused on the property that was seized by him during course of investigation i.e., M.Os.1 to 4. P.W.7 admitted that there is no signature of the complainant in Column No.14 of the FIR. He examined the witnesses at Government General Hospital, Vijayawada ie., 16
P.Ws. 1 to 3 and 4 separately and recorded their statements under
Section 161 Cr.P.C. There are no houses beside the scene of offence and it is not a busy locality and the scene of offence is adjacent to
National Highway. Himself, P.Ws. 1 to 3 and mediators went to the scene of offence while drafting Exs.P.3 to P.5. During the time of preparing the rough sketch, those apartments were under construction and none were available. He examined one Gurrala Durga Prasad (L.W.4) and he was shown in the rough sketch.
26. M.O.1, the weapon used by the accused for commission of offence was seized by the Investigating Officer under cover of Ex.P4
Mediatornama dated 05.09.2022 drafted at 4.00 p.m. in the presence of independent witnesses i.e., P.W.6 and L.W.7-Shaik Mabhu Subhani and the accused was arrested by the Investigating Officer in the presence of independent witnesses under cover of Ex.P3. Moreover, P.Ws.1 to 3 corroborated with each other and supported the prosecution version.
P.W.5, the Medical Officer who examined the injured clearly deposed that there was a stab injury in the right abdomen and also stab wound on the right side of chest caused by the accused with sharp edged weapon and those injuries are grievous in nature. Moreover, the P.W.4 the victim herself deposed that there is a specific overt act of the accused against her by stabbing her with a knife. The cause and motive behind commission of offence by the accused is that the victim got separated with him and living with her parents and the accused intended to gain monetarily from the victim and does not seek any kind of love and affection according to the evidence of P.Ws.1 to 3 and the prosecution version and Section 498A IPC is continuing office and it exists if the relationship continues to be existed or even though they got separated.
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27.Ex.P5-Scene Observation Report was prepared at the place of offnce and P.W.6 affixed her signature in Exs.P3 to P5 and it was not denied by P.W.6 even in her cross examination. So, the evidence of
P.W.6 is corroborated with the prosecution version. Though the witnesses are said to be the relatives of one another as that of mentioned by the defence counsel in her arguments, that does not take away the sanctity of the evidence of P.Ws.1 to 3 as the accused is also related to the victim and moreover, it is not a property dispute or some other dispute to implicate the accused falsely for the purpose of wrongful gain. One pair of slippers of the accused were seized by P.W.7 at the scene of offence and they were marked as M.O.4 under Ex.P5. The confession made by the accused is valid because of the reason that it leads to identification of weapon by the Investigating Officer at the scene of offence itself and M.O.1 was seized under Ex.P4. In the cross examination of P.W.4 who is the victim, the defence counsel did not elicit any contradictions to disbelieve the version of prosecution. In the evidence of P.W.3, nothing was elicited by the defence counsel during cross examination except that she did not state before the police under
Section 161 Cr.P.C. statement that she got lacerated injury by the act of the accused and the police sent her to get TT injection and it cannot be taken as a major point to ruin the evidence of prosecution and it cannot take away the sanctity of the evidence of P.W.3. The evidence of P.W.2 also clearly shows that there is continuous harassment by the accused towards P.W.4 victim and the accused used to harass her for money for satisfying his bad vices.
28. P.W.1 is said to be the eye witnesses to the incident clearly stated that the accused attacked P.W.4 and caused bleeding injury on her right breast and also in the stomach which lead her to be in unconscious 18 state and hospitalized for many days. In the cross examination of P.W.1, she stated that the accused attempted to kill P.W.4 with malafide intention as she did not join with him in matrimonial home, thereby, he bore grudge over her. Moreover, the chief and cross examination of P.W.1 and Sectin 161 Cr.P.C. statement of P.W.1 clearly shows that the accused used to harass P.W.4 for want of money as he addicted to bad vices. The cause and motive for commission of offence was clearly established by the prosecution. By going through the evidence of P.Ws.1 to 7, Exs.P1 to
P7and M.Os.1 to 4, this court has come to conclusion that the prosecution established the guilt against the accused for the offences under Sections 498A and 307 IPC beyond all reasonable doubt and he is liable for punishment for the said offences. Accordingly, this point is answered.
29. In the result, the accused is found guilty for the offences under Sections 498A and 307 of IPC and accordingly, he is convicted for the same under Section 258(2) of N.B.S.S.
Section 498-A: Husband or relative of husband of a woman
subjecting her to cruelty:- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Section 307. Attempt to murder:- Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
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Attempts by life convicts:-When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
30.When the accused is questioned about quantum of sentence, the accused and his counsel pleaded to show mercy that there are dependents on the accused and there are old aged parents.
31. By considering the same, the quantum of sentence is reduced and the accused is sentenced to undergo rigorous imprisonment for a period of three (3) years for the offence under Section 498A IPC.
The accused is further sentenced to undergo rigorous imprisonment for seven (7) years for the offence under Section 307 IPC.
Both the sentences passed against the accused for the offences under Sections 498A and 307 IPC shall run concurrently as the court has taken lenient view.
The remand period of accused from 30.09.2024 to till date i.e., 26.03.2025 shall be given set off under Section 468 of B.N.S.S. i.e. 178 days.
The accused is informed about his right of appeal before Hon’ble
Sessions Court and also informed about his right to get free legal aid
through Hon’ble Chairman, District Legal Services Authority, Guntur.
M.O.1-Vuli Katthi, M.O.2-Pink Chunny, M.O.3-Punjabi Dress Top and M.O.4-One pair of slippers shall be destroyed after lapse of appeal time.
Dictated to the Stenographer, transcribed by him, corrected and
pronounced by me in Open Court, this the 26th day of March, 2025.
Sd./- M. Anjani Priyadarsini, Assistant Sessions Judge, Mangalagiri.
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution:
PW1 : G. Nireekshana PW2 : K. Yesteru Rani PW3 : B. Nayomi PW4 : T. Sudha Rani PW5 : Dr. P. Ramesh Chandra, the then Casualty Medical Officer, GGH, Vijayawada. PW6 : K. Subhashini Bai, VRO, Vaddeswaram village. PW7 : R. Narayana, the then Sub Inspector of Police, Tadepalli Police Station.
For Defence:-:NONE
DOCUMENTS MARKED
For prosecution:
Ex.P1: Report dated 03.09.2022 given by P.W.1.(by P.W.1) Ex.P2: Wound Certificate of P.W.5.(by P.W.5) Ex.P3: Mediators report dated 05.09.2022 at 4.00 p.m.. (by P.W.6) Ex.P4: Mediators report dated 05.09.2022 at 5.30 p.m.. (by P.W.6) Ex.P5: Scene Observation Report Dated 3.9.2022.(by P.W.6) Ex.P6: First Information Report.(by P.W.7) Ex.P7: Rough sketch of the scene of offence.(by P.W.7)
For Defence:
Ex.D1: Marked portion i.e., 24th line to 26th line in Section 161 Cr.P.C. statement of P.W.2. (by P.W.2) 21
MATERIAL OBJECTS MARKED
M.O.1/P.W.1: Vuli Katthi M.O.2/P.W.1: Punjabi Dress Top M.O.3/P.W.1: Pink Colour Chunny. M.O.4/P.W.7: One Pair of Slippers.
Ild./- M.A.P., A.S.J., MGL.
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TABULAR FORM TO BE APPENDED FOR THE JUDGMENT AS PER
RULE 67 OF CRIMINAL RULES OF PRACTICE IN SESSIONS CASE N0.499/2023 ON THE FILE OF ASSISTANT SESSIONS JUDGE,
MANGALAGIRI.
1.Sessions Case No. :499/2023
2.P.R.C.No.:15/2023
3.Name of the Complainant:The State: Sub Inspector of Police, Tadepalli PS.
4.Descriptionofthe:Thagarapu Nagaraju, accused:s/o. Durga Rao, 30 years, r/o. 22nd Lane, Mahanadu, Tadepalli Town & Mandal.
5.Date of offence:02.09.2022
6.Date of complaint:03.09.2022
7.Date of apprehension of:05.09.2022 accused
8.Date of committal order in:05.08.2023 lower Court
9.Date of commencement of:17.01.2025 trial
10.Closure of trial :30.01.2025
11.Date of judgment in this:26.03.2025 Court
12.Result: In the result, the accused is found guilty for the offences under Sections 498A and 307 of IPC and accordingly, he is convicted for the same under Section 258(2) of N.B.S.S. By considering the same, the quantum of sentence is reduced and the accused is sentenced to undergo rigorous imprisonment for a period of three (3) years for the offence under Section 498A IPC. The accused is further sentenced to undergo rigorous imprisonment for seven (7) years for the offence under Section 307 IPC. Both the sentences passed against the accused for the offences under Sections 498A and 307 IPC shall run concurrently as the court has taken lenient view. The remand period of accused from 30.09.2024 to till date i.e., 26.03.2025 i.e., 178 days shall be given set off under Section 468 of B.N.S.S.
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The accused is informed about his right of appeal before Hon’ble
Sessions Court and also informed about his right to get free legal aid through
Hon’ble Chairman, District Legal Services Authority, Guntur.
M.O.1-Vuli Katthi, M.O.2-Pink Chunny, M.O.3-Punjabi Dress Top and M.O.4-One pair of slippers shall be destroyed after lapse of appeal time.
13.Explanation for delay: In Committal Court: The case was taken on file on 24.04.2023 against the accused for the offence under Section 307 IPC. On 02.06.2023, copies were furnished to accused. On 05.08.2023, the case was committed to the Hon’ble Court of
Principal District and Sessions Judge, Guntur, under section 209(a) of Cr.P.C.
In this Court:
This case was made over to this Court from the Hon’ble Prl. District and
Sessions Judge, Guntur and this Court received this case on 21.08.2023. On
receipt of record, summons were issued to accused. At this stage, due to non-service of summons to the accused, the matter underwent several adjournments and finally, on 07.02.2024, the accused appeared. On 16.05.2024, the Accused was examined U/s.228(2) Cr.P.C. Charges under Sections 498A and 307 IPC framed against him, read-over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried. As such, schedule was given for trial. At this stage also, the matter underwent several adjournments due to non appearance of accused and N.B.W. was issued against the accused and on 30.09.2024, the accused was produced on execution of N.B.W. On 15.10.2024, schedule was re-fixed. On 1.11.2024, schedule is cancelled. Finally, the trial of this case was commenced on 17.01.2025, P.Ws.1 to 4 were examined, Ex.P1, M.Os.1 to 3 and Ex.D1 were marked. On 30.01.2025, P.Ws.5 to 7 were examined, Exs.P2 to P7 and M.O.4 were marked. On the same day, the accused was examined under Section 351 of B.N.S.S., he denied the incriminating circumstances appeared in the evidence of prosecution witnesses and reported no defence evidence. On 14.02.2025, the matter is reopened for hearing both sides. On 13.03.2025, heard the learned Additional Public Prosecution. On 24.03.2025, heard arguments. On 26.03.2025, Judgment is pronounced. Hence, the delay.
Sd./- M. Anjani Priyadarsini, Assistant Sessions Judge, Mangalagiri.
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Copies submitted to:
1.The Registrar (Judl) High Court of A.P., Amaravathi, through the
Sessions Judge, Guntur by way of CD.
2.The Hon’ble District & Sessions Judge, Guntur.
Copy to
1. The Addl. Judicial Magistrate of First Class, Mangalagiri.
2. The Superintendent of Police, Guntur,
3. The Addl. Public Prosecutor, Mangalagiri.