Ms. M.KeerthiRaj

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IN THE COURT OF THE V ADDITIONAL JUNIOR CIVIL JUDGE-CUM-V

ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS AT NIZAMABAD

Present: Motta KeerthiRaj V Additional Junior Civil Judge-cum-V Additional

Judicial Magistrate of First Class, Nizamabad.

Thursday, the 8 th day of January, 2026

PRC No. 28 of 2023

Between:

The State through Circle-Inspector of Police, Dichpally Police Station. … Complainant AND

1. Lokkidi Akilesh, S/o. Late Chinna Sayanna, Age: 28 years, Occ: Lanchininak, R/o. 36 Div Sagar, Madyapradesh, Control room, presently residing at Koratpally Village of Dichpally Mandal.

2. Lokkidi Anitha, W/o. Late Chinna Sayanna, Age: 45 years, Occ: Beedi Roller, R/o. Koratpally Village of Dichpally Mandal.

3. Bombai Rithika @ Bombay Vanaja, W/o. Rupesh, Age: 20 years, Occ: Beedi Roller, R/o. H.No. 7-21, Padkal Village of Jakranpally Mandal.

4. Lokkidi Abilesh @ Lokkidi Abilash, S/o. Late Chinna Sayanna, Age: 22 years, Occ: Gulf Labour, R/o. H.No. 3-29, Koratpally Village of Dichpally Mandal.( Split up vide PRC No. 94 of 2024 and committed to the Hon’ble Sessions Court on 24.10.2025).

5. Yerram Mounika @ Lokkidi Mounika, W/o. Akhilesh, Age: 24 years, Occ: Housewife, R/o. H.No. 3-10-246/1, Backside of Hanuman temple, Chandra Nagar, Nizamabad now residing at Kortaplly Village of Dichpally Mandal.

6. Naidi Prashanth, S/o. Bhumaiah, Age: 30 years, Occ: Labour, R/o. Koratpally Village of Dichpally Mandal.

7. Chemmati Naveen, S/o. Bhumanna, Age: 28 years, Occ: Agriculture, R/o. Koratpally Village of Dichpally Mandal.( Split up vide PRC No. 2 of 2026).

8. Cheppala Sayanna @ Sailoo, S/o. Muthenna, Age: 46 years, Occ: Driver, R/o. Koratpally Village

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of Dichpally Mandal.

9. Chemmati Chiranjeevi, S/o. Kishan, Age: 32 years, Occ: Agriculture, R/o. Koratpally Village of Dichpally Mandal. … Accused

This case is coming before me for committal on 08.01.2026 in the presence of Sri. G. Ramakrishna, learned Assistant Public Prosecutor for the State, and of Sri. G. V. Krupakar Reddy, learned advocate for A1 to A3, A5, A6, A8 and A9, and the matter having been heard and stood over for consideration to this date, this Court made the following:-

C O M M I T T A L O R D E R

2.Brief averments of the case of the prosecution:- 5 years ago,

Soppari Sujatha (hereinafter ‘the deceased’) fell in love with A1, and later, A1 promised to marry the deceased and lured her by using deceitful words. A1 had sexual intercourse with the deceased several times, due to which, she got pregnant two times, and A1 aborted the pregnancy by medicines with the help of A7 to A9. A1 took Rs. 1,10,000/- from the deceased on the pretext of purchasing an open plot which will be useful for their married life. From then onwards, A1 started ignoring the deceased, and when the deceased asked him about their marriage, A1 delayed it alleging that A2 to A5 who are his family members denied to get him married to her.

2.1.Later, on the instigation of A6 to A9, who are the friends of A1, A1 denied to perform marriage with the deceased alleging that she is not beautiful. On 31.05.2019, A1 got married with A5 at Arya Samaj, Hyderabad, without informing anything to the deceased. Later it came to light that on 04.06.2019, the deceased along with LW2/ Polaboina Akhil who is her sister’ son went to the house of A1 situated at Koratpally Village on her Pleasure bike, where A1 to A3, and A5 necked out the deceased. Upon that, having

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disgusted with her life, the deceased consumed Astra Gold poison which was brought by her and kept in her bag, and on consuming it, the deceased fell on the ground. Then, she was shifted to the Hope hospital, Nizamabad, and on 05.06.2019, she succumbed to injuries while undergoing treatment. Hence, on 04.06.2019, at about 18:00 hours, LW1/ Rudraboina Savitha went to the Police

Station and lodged a report.

2.2.Basing on the contents of the report, LW30/A. Naveen Kumar, the Sub-

Inspector of Police, Dichpally Police Station, Nizamabad, registered a case in crime No. 95 of 2019 for the offences punishable under sections 417, 420 and 376 read with 90 of IPC, and issued the first information report. Later, LW31/G.

Venkateshwarlu, the Circle-Inspector of Police, Dichpally took over the investigation of the case, as the case is grave in nature. LW31 verified the investigation done by LW30 and found it on correct lines. Then, LW31 examined and recorded the statement of LW1. Later, LW31 visited to Hope

Hospital, Nizamabad where he tried to examine the victim, but as she was unconscious, he could not record her statement.

2.3.Later, LW28/ B. Balsingh on receiving information about admission of the victim at Hope hospital, Nizamabad visited the hospital, and filed a requisition before LW29/ Smt. P. Chandana, Special Judicial Magistrate of

First Class (Prohibition and Excise), Nizamabad with a request to conduct the

dying declaration of the victim, accordingly LW29 visited the Hope hospital,

Nizamabad and recorded the dying declaration of the victim.

2.4.On 05.06.2019, LW31/ G. Venkateshwarlu, the Circle-Inspector of

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Police, Dichpally Police Station visited the scene of offence situated at H.No.

3-31, Koratpally Village of Dichpally Mandal, where he secured the presence of LW10/Thalari Suresh and LW11/Pulla Sayanna, conducted a scene-of- offence panchanama, and drew a rough sketch of the scene by preserving it in the crime details form. He also seized the Hero Pleasure bike bearing no. TS 16 EE8628, the Astra Gold poison bottle, the chunni/ dupatta of the deceased, hard copies of whatsapp chat messages, documents lying in the trunk of the

Scooty dickey and seized them all under the cover of panchanama by pasting panch chits over it.

2.5.Then, LW31 visited the Hope Hospital, Nizamabad where he observed that the victim was unconscious. There he examined and recorded the statement of LW2. LW1 and LW2 showed the mobile of the victim to LW31 and played last two videos of the victim, wherein, in the first video, the victim stated “Akilesh, Mamatha valla nanna Rajaiah, valla amma Anitha, valla chelle

Vanaja, valla friend Chinranjivi, inkokathanu Sailoo, Naveen, Prashanth veellantha kalisi na daggara dabbulu thisukoni naa jeevitham motham karabu chesindru na chavuku karanama kuda valle, veellandari meeda caselu etlaina gavalani nenu last korika koruthunna idhi matram katchithanga cheyyandi sir

SI sir.

2.6.In the second video, while crying, the victim stated “nannu vadukunnadu nenu love chesina Akhil ninnu eppatiki vadilipetta mamulunu chusi adukuntunnavu gani mugguru ammaila life natho adukuntunav gada….idhi nyayam kadhu andhariki”. Then LW31 seized the mobile phone of the victim

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and one pen drive containing the conversation/ messages between A1 and the deceased from the phone of the victim under the cover of seizure panchanama in the presence of LW12/ Chennaboina Ramesh, and LW13/ Kobbaji Kishan.

2.7.Later, LW31 examined and recorded the statements of LW5/ Jenigala

Jamuna, and LW6/ Chemmati Naveen. Therefore, LW31 visited Sirnapally

Village of Indalwai Mandal, where he examined and recorded the statement of

LW7/ Sambeti Navaneetha. On the same day, at about 12:20 hours, LW31 received a telephonic message from Hope hospital, Nizamabad that while undergoing treatment, the victim succumbed to injuries at 12:00 PM. In this regard, LW31 added section 306 read with 109 of PC to the existing sections 417, 420, 376 read with 90 of IPC, and sent the section addition memo to the

Honb’le Court.

2.8.Then, LW31 rushed to the Mortuary Room at the Government General

Hospital, Nizamabad where he secured the presence of two witnesses i.e.,

LW14/Raya Sathevva, and LW15/Chennaboina Narsaiah held inquest over the dead body of the deceased, and took photographs with the help of LW8/

Thokala Prasad. He also examined and recorded the statements of LW1,

LW2, LW3/ Soppari Lingavva, LW4/ Chennaboina Jamuna, and LW8, and after the inquest on the dead body, LW31 subjected the dead body of the deceased for post mortem examination to LW23/ Dr. P. Sridevi, and LW24/

Dr.B.V.Naga Mohan. LW23 and LW24 conducted autopsy over the dead body of the deceased, preserved the viscera, vaginal swabs smears for serological for sending FSL, and uterus with appendages of the deceased for pathological

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report.

2.9.While the efforts to apprehend the accused were on foot, on 10.06.2019, LW31 received credible information about the movements of A1,

A2, A5 to A9. Accordingly, LW30 rushed to Koratpally Village of Dichpally

Mandal, and apprehended A1, A2, A5 to A9 at about 06:00 hours. Upon interrogation, when A1 was about to confess his guilt, LW31 secured the presence of two witnesses namely LW16/Surasani Ravindhar and

LW17/Markanti Santhosham, and conducted the confession-cum-seizure panchanama, and seized the marriage certificate of A1 and A5 issued by Arya

Samaj, Hyderabad, HM bearing no. 2019-2020/May/II, dated 31.05.2019, and the Oppo mobile of A1 bearing IMEI no. 1863710030599070, and 863710030599062 by pasting the signed panch chits over it.

2.10. Later, LW31 recorded the confession of A1, A2, and A5 to A9, and after that he brought them to Dichpally Police Station at 14:30 hours, and effected their arrest by issuing arrest memo against them duly informing the grounds of their arrest to them and their relatives under section 50 of Criminal Procedure

Code (for short ‘Cr.P.C’). Later, LW31 produced A1 before LW24 along with requisition for his potency test, accordingly, LW24 conducted the potency test of the accused, and opined that “there is nothing to suggest that the accused is not capable of performing the act of sexual intercourse”.

2.11. On 20.06.2019, LW31 received the dying declaration from LW29, wherein, as the victim was on ventilation support and she could not hear and give oral statement, LW29 concluded the dying declaration by mentioning that

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the victim was not conscious and was unable to hear the voice. Later, LW31 filed a requisition before this Court seeking police custody of A1. Accordingly, this Court has given (2) days police custody vide Dis.No. 758, dated 21.06.2019 from 11:00 AM on 22.06.2019 to 11:00 AM on 24.06.2019. On that, LW31 took A1 from the District Jail, and brought him to Dichpally Police

Station, where he secured the witnesses namely LW18/ Busa Sudharshan and

LW19/ Putta Ashok and recorded the confession of the accused.

2.12. After that, the accused led the police along with the witnesses to

Koratpally Village of Dichpally Mandal, where LW31 seized the Airtel SIM bearing no. 9676123438 wherein he found 4G 128K, 8991000901, and 74004730U numbers on the above SIM card. He had also seized the pass book of State Bank of India of account bearing no. 20198977478, TG

University Branch Suddapalli under the cover of panchanama by pasting the signed panch chits over it. Then, A1 led the police to Dichpally market center and showed one shutter where the victim used to run Meeseva center, and where in the year 2016-17, he participated in sexual intercourse with the victim. Upon that, LW31 conducted the scene of offence panchanama in the presence of the same panch witnesses.

2.13. LW31 observed that the shutter was closed and he found one electrical meter bearing service no. SC 849. On inquiry with the neighbors, they informed that Fayeem who belongs to Mentrazpally Village is the owner of the shutter, and one other person who was present at Sathish medical informed

LW31 that one year back, the victim was running Meeseva center with sunny.

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After completion of the police custody, on 24.06.2019, he was reproduced

before this Court, upon which he was remanded back to judicial custody.

Later, LW31 issued summons to LW9/ Kasturi Mahesh with directions to appear before him. Accordingly, LW9 visited Circle Office, Dichpally, and

LW31 examined and recorded his statement.

2.14. Later, LW31 forwarded the material objects i.e., one small box containing the stomach and intestine preserved in saturated solution of sodium chloride, one small box containing the liver and kidney preserved in saturated solution of sodium chloride, one small box containing the blood preserved in saturated solution of sodium chloride, the vaginal swabs and smears for serological examination to the FSL, Hyderabad along with letter of advice and obtained acknowledgment vide SFSL (TS)/5390/TOX/1791/19, dated 04.07.2019 and SFSL (TS)/ 5389/SER/1066/19, dated 04.07.2019.

2.15. On 08.07.2019, LW31 forwarded the material objects i.e., the Samsung

Galaxy J5 mobile phone bearing IMEI 1:356521078635609/01 and 2:356522078635607/01 with Idea SIM 128 K(8991072520205026408HO WD),

Airtel SIM 4G 128K (89910009022932176410), SCANDISK Micro SD HC I 32

GB memory card to the FSL, Hyderabad along with letter of advice vide

SFSL(TS)/5505/COM/177/19, dated: 08.07.2019. On 15.09.2019 LW31 received one FSL report from LW25/ K. Ravi Kumar Goud vide no. SFSL (TS)/

TOX/1791/2019, dated 04.07.2019 wherein it was mentioned that items 1,2 and 3 are analyzed and organophosphate, which is an insecticide poison is found in all of them.

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2.16. On 15.11.2019, LW31 received the FSL report from LW26/ Shaik

Haseena vide FSL report no. FSL(TS) 5389/SER/1066/2019, dated 04.07.2019 wherein it is mentioned that items no.1 and 2 are analyzed and semen and spermatozoa are not detected on both the items. Later, LW24 issued histopathology report and as per the microscopic examination, it was revealed that “the sections from cervix shows normal architecture, and nil remarks, sections from endometrium shows late proliferative phase.

Myometrium is nil remarkable, sections from both ovaries shows normal architecture, sections from one fallopian tube show loss of architecture with edematous areas, and sections from other fallopian tube shows normal architecture.

2.17On 27.05.2022, LW32/ D. Mohan, Circle-Inspector of Police, Dichpally took the charge of Dichpally circle and verified the investigation done by

LW31. On 23.09.2022, A3 and A4 both came to the Circle Office and submitted copy of the anticipatory bail order vide Crl.M.P. No. 8176 of 2022 of the Hon’ble High Court for the State of Telangana. Then, LW32 recorded the confession of A3 and A4 in the presence of LW20/Pulla Sayanna, and

LW21/Nadpi Gangadhar. After completion of the confession statement of the accused, he collected sureties from A3 and A4, and released them.

2.18. On 23.01.2023, LW32 received one FSL report from LW27/K. Anjanna vide FSL report no. SFSL(TS)/5505/COM/177/19 and stated that data regarding contacts, messages, timeline details etc., of phone memory, SIM cards (Jio, Airtel) contents, data of images, audio files, video files, are

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retrieved from memory card of item no.1 and the soft copy along with file properties i.e., file name, file path, hash values, date and time stamps etc., marked by him as annexure-1, COM/177/2019, (phone memory of item number 1 is not in working condition and it is not accessible to the existing tools at TSFSL). The data pertaining to images and video files of a female person who appears to be similar to the questioned person in item number-2, images-screenshots pertaining to Whatsapp and facebook chats retrieved from memory card of item number 1 is given in soft copy along with file properties marked by him annexure-1, COM/177/2019. A representative sample of relevant data pertaining to one image file and two video files, with file name 1) 20190604_112352.MP4, 2)20190604_113207_MP4 of a female person who appears to be similar to the questioned person in item number 2, and one image-screenshot pertaining to Whatsapp chat, retrieved from memory card of item no.1 1 is given in hard copy along with list of retrieved contents marked by him annexure-1, COM/177/2019.

2.19. Later, LW32 received final opinion from LW24 in which he stated that “in the light of the chemical examination report, serology report and histopathology report the cause of death of the victim is due to organophosphate poisoning”. The seized articles i.e., Hero Pleasure Scooty (black and red colour) no. TS16EE8628, Astra Gold poison bottle (empty), poison bottle cap, victim chunni with red, yellow and green colour, gold colour samsung J5 mobile phone belongs to the deceased, Airtel sim 4G 128 K 89910009017400130U have been deposited before this Court, and the

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remaining seized articles along with one pendrive, marriage certificate of A1 and A5, Oppo mobile of A1, (4) chatting papers with A1 photo, SBI bank pass book account bearing no. 20198977478 of A1, one CD received from FSL are submitted along with the charge sheet. On completion of investigation, LW32 filed the charge sheet.

3.Having perused the material on record, this Court has taken cognizance of the offences punishable under sections 417, 420, 376, 376(2)(f)(n), 312, 306 read with 109 of IPC against A1, and for the offences punishable under section 306 read with 109 of IPC against A2 to A9. However, as A4 was absconding, non-bailable warrant was issued against him, and the case against him was split up vide this PRC No. 94 of 2024 from the main PRC bearing No. 28 of 2023 vide order dated 08.08.2024, and also committed the

Honorable Sessions Court, on 24.10.2025. However, as A7 was absconding,

non-bailable warrant was issued against him, and the case against him was split up vide this PRC No. 2 of 2026 from the main PRC bearing No. 28 of 2023 vide order dated 31.12.2025

4.On appearance of A1 to A3, A5, A6, A8 and A9, copies of documents were furnished to them as required under section 207 of Cr.P.C.

5.Perused the material on record, and having satisfied that there is a prima-facie case against A1 to A3, A5, A6, A8 and A9 for the offences punishable under sections 376, 376(2)(f)(n), and 306 read with 109 of IPC which is exclusively triable by the Hon’ble Court of Sessions, this case is committed to the Hon’ble Principal District and Sessions Court, Nizamabad

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under section 209(a) of Cr.P.C.

6.A1 is on bail vide order of the Hon’ble Judge, Family Court-cum-

Additional Sessions Judge at Nizamabad in Crl.M.P. No. 319 of 2019, dated

18.07.2019, A2 and A5 are on bail vide order of the Hon’ble Judge, Family

Court-cum-Additional Sessions Judge at Nizamabad in Crl.M.P. No. 293 of 2019, dated 03.07.2019, A6 to A9 are on bail vide order of the Hon’ble Judge,

Family Court-cum-Additional Sessions Judge at Nizamabad in Crl.M.P.No. 295 of 2019, dated 03.07.2019, and A3 and A4 on anticipatory bail vide order of the Honorable High Court for the State of Telangana, Hyderabad vide

Crl.M.P.No. 8176 of 2022 and they shall continue to remain on bail, unless

otherwise directed by the Hon’ble Principal District and Sessions Court,

Nizamabad under section 209(b) of Cr.P.C.

7.The entire case record together with documents and property, if any, be submitted to the Hon’ble Principal District and Sessions Court, Nizamabad under section 209(c) of Cr.P.C.

8.The learned public prosecutor be notified of the committal of this case to the Hon’ble Principal District and Sessions Court, Nizamabad under section 209(d) of Cr.P.C.

9.A1 to A3, A5, A6, A8 and A9 are apprised of their right to free legal aid for trial before the Hon’ble Principal District and Sessions Court, Nizamabad.

10.IN THE RESULT, this case is committed to the Hon’ble Principal District and Sessions Court, Nizamabad, and A1 to A3, A5, A6, A8 and A9 are

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directed to appear before the Hon’ble Principal District and Sessions Court,

Nizamabad on receipt of summons.

Typed to my dictation by my typist, corrected by me, and pronounced by me in the open Court on the 8th day of January, 2026.

V Additional Junior Civil Judge-cum-V Additional

Judicial Magistrate of First Class, Nizamabad .

Copy submitted to:

The Hon’ble Principal District and Sessions Court, Nizamabad.

Copy to:

The Assistant Public Prosecutor, Nizamabad.

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IN THE COURT OF V ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS-CUM-V ADDITIONAL JUNIOR CIVIL JUDGE,

NIZAMABAD.

Present: Motta KeerthiRaj V Additional Junior Civil Judge-cum-V Additional

Judicial Magistrate of First Class, Nizamabad

Friday, the 30th day of January, 2026.

Calendar Case No. 88 of 2023

Between:-

The State through Sub-Inspector of Police, P.S.Dichpally. … Complainant AND

Neeradi Padmaiah, S/o. Neeradi Gangaram, Age:53 years, Occ:Agriculture and Driver, R/o. H.No. 3-40, Bardipur Village of Dichpally Mandal. … Accused

This case is coming before me for final hearing on 27.01.2026 in the presence of Sri.G. Rama Krisha, learned Assistant Public Prosecutor for the complainant, and of Sri. K.Srinivas, learned Counsel for the accused, and the matter having been heard and stood over to this day for consideration, this Court delivered the following:-

J U D G M E N T

1.This is a case filed by the State represented by Sub-Inspector of

Police, Dichpally Police Station, Nizamabad against the accused in crime

No.239 of 2022 for the offence punishable under section 304-A of the

Indian Penal Code (hereinafter ‘IPC’).

2.Brief averments of the case of prosecution:- On 10.09.2022 at about 12:30 hours, the deceased/ Mangaram Pedda Sayanna went to

Dharmaram-BVillagefromBardipooronhisTVSXL bearingno.AP25AR3063, when he reached at near Maisavva tree in between Dharamaram-B Village and Bardipoor Village, mean time the

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accused drove his car bearingno.TS16EU7299 in rash and negligent manner and he is taking reverse without any indication and without seeing the deceased, due to the negligent act of the accused, the deceased hit the vehicle of the accused, and as a result the deceased received injuries on his ribs and other parts of the body. Immediately, the accused shifted the deceased to Pragathi Hospital, Nizamabad. On 13.09.2022,

LW1/Mangaram Prabhakar was shifted the deceased to Bombey Nursing

Home Hospital. As per the advice of the doctors, LW1 shifted the deceased to Manorama Hospital on 22.09.2022 at about 2100 hours.

While undergoing the treatment on 23.09.2022 at about 16:52 hours, the deceased succumbed. Hence, LW1 went to the Police Station and lodged the report.

2.1.Basing on the contents of report, LW11/ K.Ganesh, the Sub-

Inspector of Police, Dichpally Police Station registered a case in crime No.

239 of 2022 under section 337 of IPC and LW12 dispatched the copies of

FIR to all the concerned and entrusted to LW12 for further investigation into the case. In the course of investigation, LW12 examined and recorded the statement of LW1 at the Police Station. Later, LW12 visited the scene of offence, and there he secured the presence of LW5/ KarneMahesh, and

LW6/ Mangaram Vijay, conducted the scene of offence panchanama, drew rough sketch of the scene, and incorporated it in the Crime Detail

Form, and the injured is not in a stage to depose his evidence, as such he could not recorded his statement. On the next day, he received a death intimation of the injured on that section of law altered from 337 of IPC to 304-A of IPC and informed the same to all concern officials.

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2.2.Later, LW12/B. Manoj Kumar, the Sub-Inspector of Police, Dichpally

Police Station visited the Government General Hospital, Nizamabad, where he secured the presence of witnesses i.e., LW7/Uggera Pochaiah and LW8/Uggera Sailu held inquest over the dead body of the deceased.

Later, LW12 examined and recorded the detailed statements of

LW2/MangaramGangavva,LW3/MangaramNadipiSayanna andLW4/Mangaram Mutheanna. Accordingly, LW9 conducted the autopsy over the dead body of the deceased. After completion of the autopsy,

LW12 handed over the dead body of the deceased to his relatives for funeral rites.

2.3.On 15.10.2022 LW12 issued a notice under section 41(1)(A) of

Cr.P.C to the accused with instructions to appear before him on 20.10.2022. Accordingly, on 20.10.2022 the accused came to the Police

Station and appeared before LW12, and he voluntarily confessed to have committed this offence. Later, LW12 verified the driving license, and vehicle documents and found them valid. Later, LW12 taken undertaking from the accused, and with an instructions to appear before the Court and

Police as and when summoned. Later, LW12 filed requisition before

LW10/J.Srinivas to inspect the crime vehicle. Accordingly, LW10 inspected the crime vehicle and opined that the accident was not occurred due to any mechanical defects of the vehicle. LW9 opined that the cause of the deceased due to head injury associated with blunt injury chest and abdomen. On completion of investigation, LW12 filed the charge sheet.

3. This Court has taken cognizance for the offence punishable under section 304-A of IPC against accused. On appearance of accused, copies

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of documents were furnished to him in compliance with section 207 of the

Criminal Procedure Code (hereinafter ‘Cr.PC.’).

4.The accused was examined under section 251 of Cr.P.C. and the accusation was read over and explained to him in the vernacular language, for which he denied the same, pleaded not guilty and claimed to be tried.

5.In the course of trial, to prove the guilt of accused, the prosecution has examined PW1 to PW4 and marked Ex.P1 to Ex.P11. The evidence of LW3 to LW5, LW7 to LW10 were given up by the learned APP.

6. Accused was examined under section 313 of Cr.P.C. for the incriminating substance in the testimony of prosecution witnesses which were denied by him to be true and he reported no defence evidence.

7.Heard arguments from both sides.

8. Now the point for determination is:-

Whether the prosecution is able to bring home the guilt

of accused for the offence punishable under section

304-A of IPC beyond all reasonable doubt?

9.Point:- PW1 who is the defacto complainant stated that he received tell phone call from one of his villager, and informed that his father met with an accident near Dharmaram Village, and he immediately rushed to the spot at that time his father was already shifted to Pragathi Hospital,

Nizamabad for treatment. Further stated that, he went to Pragathi

Hospital, Nizamabad, and on the advise of the doctor he shifted his father to Sri Krishna Nuro Hospital, Nizamabad. Later, he took him to Manorama

Hospital, Nizamabad. While treatment was undergoing his father was

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expired at Manorama Hospital, Nizamabad. Further stated that after his father died, he went to the Dichpally police station, and informed the same to Police, and police scribed the petition and obtained his signature vide

Ex.P1, but he do not know the contents of the petition, which vehicle caused the accident, and who caused the accident to his father. Police did not examine him and did not record his statement. PW2 deposed on the same lines of PW1, and his statement marked vide Ex.P3. Despite cross examination of PW1 and PW2 by the prosecution, nothing material was elicited to establish rash or negligent driving of the accused.

9.1. PW3 who is panch witness of scene of offence panchanama, he stated that about 3 years ago on one day he was near Dharmaram Bus

Stand, Police came over and obtained his signature vide Ex.P1 on white blank paper. In his cross examination except suggestions nothing were elicited.

9.2.PW4 stated that on 23.09.2022, at 4.00 pm, PW1 came to the police station and lodged report vide Ex.P5 before LW11, based on that LW11 registered a case in Cr.No.239 of 2022 U/sec.337 of IPC, and issued first information report vide Ex.P6 and entrusted the CD file to him for further investigation in this case. In the course of investigation, he examined and recorded the statement of PW1 at police station. Further stated that he visited scene of offence and conducted scene of offence panchanama and drew rough sketch of scene of offence in the crime details form vide

Ex.P7 in the presence of PW3 and LW5. On the next day, he received death information of the injured person and died with injuries, and he altered the section of law from section 337 IPC to 304-A IPC vide Ex.P8.

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C.C. No.88 of 2023 6 of 8

Then he visited to the Government Hospital, Nizamabad and where secured the presence of LW7 and LW8 and conducted inquest panchanama vide Ex.P9 over the dead body of the deceased. Further stated that he examined and recorded the statements of PW2, LW3 and

LW4, and he filed a requisition to LW9 to conduct autopsy over the dead body of the deceased and handed over the dead body of the deceased to his relatives. Further stated that on15.10.2022, he issued 41-A Cr.P.C.

notice to accused with instructions to appear before him on or 20.10.2022.

Accordingly, the accused appeared before him on 20.10.2022 and voluntarily confessed about the commission of offence and he issued 41-A

Cr.P.C notice to the accused with a instruction to appear before the court after as and when summoned. Later, he filed requisition before LW10 to inspect the crime vehicle. Accordingly, on 17.11.2022 LW10 inspect the crime vehicle, issued motor vehicle inspection report, and opined that the accident was not occurred due to any mechanical defects of the crime vehicle. Thereafter, he collected post mortem examination report vide

Ex.P10 from LW9, and motor vehicle inspection report vide Ex.P11 from

LW10. After completion of investigation, he filed the charge sheet. In his cross examination except suggestions nothing was elicited.

10.To establish the same, the prosecution mainly relied upon the evidence of PW1 to PW4. PW1 did not support the prosecution case and turned hostile, denied the contents of the report/Ex.P5, and it could not be elicited that the accused drove the crime vehicle with

Rash or Negligent manner due to which the deceased died . As

PW1 himself in cross examination deposed that they are

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C.C. No.88 of 2023 7 of 8

compromised the case out of the Court. PW2 also did not support the prosecution case and turned hostile, denied the contents of the report/Ex.P5, and it could not be elicited that the accused drove the crime vehicle with rash or negligent manner due to which the deceased died. As PW2 himself in cross examination deposed that they are compromised the case out of the Court.

11.PW3 who is the panch witness for the scene of offence, and he resiled from his earlier statements and stated that he do not know anything about this case, and the police have obtained his signatures on white blank papers, as such he was declared as hostile by the learned

APP. In cross examination nothing was elicited. PW4 who is the investigation officer, he supported the prosecution, and in his cross examination except suggestions nothing was elicited.

12.On perusal of the testimonies of PW1 to PW4, this Court is of the opinion that since PW1 being the complainant failed to support the case of the prosecution, and PW1 and PW2 admitted in their cross examination they settled the case out of the Court, as such this Court is of the opinion that there is no material on record against accused for the alleged offence, and the prosecution has failed to prove its case beyond all reasonable doubt.

13. IN THE RESULT, the accused is found not guilty for the offence punishable under section 304-A of IPC. Accordingly, the accused is acquitted under section 255(1) of Cr. P.C. and his bail bonds, if any, shall stand canceled after the expiry of the appeal period. No order as to case property.

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Typed to my dictation by my typist, corrected by me, and pronounced by me in the open Court on the 30th day of January, 2026.

V Additional Judicial Magistrate of First Class- cum-V Additional Junior Civil Judge, Nizamabad

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

PROSECUTION DEFENCE

PW1Mangaram Prabhakar PW2Mangaram Gangavva-None- PW3Mangaram Vijay Kumar Pw4B. Manoj Kumar

DOCUMENTS MARKED

PROSECUTION DEFENCE

Ex.P1Signature of PW1 on the report Ex.P2Statement of PW1under section -Nil- 161of Cr.P.C Ex.P3Statement of PW2 under section 161of Cr.P.C Ex.P4Signature of PW3 on the scene of offence panchanama Ex.P5Report Ex.P6First information report Ex.P7Crime details form Ex.P8Section alteration memo Ex.P9Inquest panchanama` Ex.P10Post mortem examination report Ex.P11Motor vehicle inspection report

V Additional Judicial Magistrate of First Class- cum-V Additional Junior Civil Judge, Nizamabad

30.01.2026 V AJMFC, Nizamabad

C.C. No.1690 of 2019 1 of 7

IN THE COURT OF V ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS-CUM-V ADDITIONAL JUNIOR CIVIL JUDGE,

NIZAMABAD.

Present: Motta KeerthiRaj V Additional Junior Civil Judge-cum-V Additional

Judicial Magistrate of First Class, Nizamabad

Friday, the 30th day of January, 2026.

Calendar Case No. 1690 of 2019

Between:-

The State through Sub-Inspector of Police, P.S.Dichpally. … Complainant AND

1. Vijay @ Vijay Gowswamy, S/o.Prasad, Age: 33 years,Occ:Dhaba hotel business, R/o.Durganagar,Purwa(Tq), Unnav District of UP State now present residing at Bibipur thanda of Dichpally Mandal.

2. Ananthu Goswamy @ Ananthu Kumar, S/o. Sri Prasad, Age: 30 years, Occ: Labour Work, R/o.Durganagar,Purwa(Tq), Unnav District of UP State now present residing at Bibipur thanda of Dichpally Mandal.

3. Mohith Goswamy, S/o. Naresh, Age: 22 years,Occ:Labour, R/o.Durganagar,Purwa(Tq), Unnav District of UP State now present residing at Bibipur thanda of Dichpally Mandal (abated on 22.12.2021).

4. Chotu Goswamy,S/o.Ramesh,Age: 22 years,Occ:Labour, R/o.Durganagar,Purwa(Tq), Unnav District of UP State now present residing at Bibipur thanda of Dichpally Mandal.

5. Himanshu Goswamy @ Rohit Dube,S/o.Akhilesh Dube, AGe: 19 years, Occ: Labour, R/o.Durganagar,Purwa(Tq), Unnav District of UP State now present residng at Bibipur thanda of Dichpally Mandal.

6. Banoth Vasanth Rao, S/o. Ramulu, Age: 32 years,R/o. H.No.4-86, Yacharam thanda,

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C.C. No.1690 of 2019 2 of 7

Sajyanayak thanda, Uthunoor POst, Sadashiv Nagar Mandal, Kamareddy District. … Accused

This case is coming before me for final hearing on 27.01.2026 in the presence of Sri.G. Rama Krisha, learned Assistant Public Prosecutor for the complainant, and of Sri. A.Ravindar, learned Counsel for accusedno.1, 2, 4 to 6, and the matter having been heard and stood over to this day for consideration, this Court delivered the following:-

J U D G M E N T

1.This is a case filed by the State represented by Sub-Inspector of

Police, Dichpally Police Station, Nizamabad against accused no.1 to 6 (for short 'A1 to A6') in crime No.20 of 2019 for the offence punishable under section 326 read with 34 of the Indian Penal Code (hereinafter ‘IPC’).

2.Brief averments of the case of prosecution:- On 21.01.2019 at about 20:30 hours, one person brought a lorry from A6 and parked it in front of the dhaba of LW1/Ajay Shanker Pande @ Babu Pande. when

LW2/Dhgeeraj Mishra asked the lorry driver to remove the lorry, accused suddenly went to the spot, argued with LW2 and abused him in most filthy language. The accused have beaten LW2 with sticks, due to which LW2 sustained grievous injuries. When LW1 went to rescue LW2, the accused have beaten LW1 with sticks. Hence, on 22.01.2019 at about 1100 hours

LW1 went to the Police Station and lodged the report.

2.1.Basing on the contents of report, LW8/ A.Naveen Kumar, the Sub-

Inspector of Police, Dichpally Police Station registered a case in crime No.

20 of 2019 under section 324 read with 34 of IPC and dispatched the copies of FIR to all the concerned and took up investigation into the case.

In the course of investigation, LW8 examined and recorded the statement

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C.C. No.1690 of 2019 3 of 7

of LW1. Later, LW8 visited the scene of offence situed at Bibipur thanda, and where he secured the presence of LW5/ Neeraj Kumar Mishra, and

LW6/ Umesh Tharu, conducted the scene of offence panchanama, drew rough sketch of the scene, and incorporated it in the Crime Detail Form, and there is no incriminating material found to seize at the scene of offence. Later, LW8 examined and recorded the statements of LW2,

LW3/Kamalesh Kumar Singh @Jaleem, and LW4/Herala Harijan.

2.2.On 07.02.2019 LW8 received medical certificate of the LW2 from

LW7/Dr.M.Roopika, and she opined that the injuries are grievous in nature. As such,LW8 altered the section of law from 324 read with 34 of

IPC to 326 read with 34 of IPC and send the section alteration memo to the Court. On 13.02.2019 on receipt of reliable information, LW8 along with his staff rushed to UP Dhabanear Bibipoor thanda Village and apprehended A2 to A5 at 0900 hours, and on his inquiry A2 to A5 volunterily confessed to have committed this offence along with A1 and

A6, and he brought A2 to A5 to Police Station at 1100 hours, and affected their arrest by issuing arrest memo against them duly informed to their relatives under section 50(1)(A) of Cr.P.C. On 11.06.2019 A1 and A6 came to the police station, surrendered before LW8 and produced the anticipatory bail vide Dis No. 818, dated 11.06.2019 from the Honourable

Court. On completion of investigation, LW8 filed the charge sheet.

3. This Court has taken cognizance for the offence punishable under section 326 read with 34 of IPC against A1 to A6. On appearance of A1 to

A6, copies of documents were furnished to them in compliance with

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C.C. No.1690 of 2019 4 of 7

section 207 of the Criminal Procedure Code (hereinafter ‘Cr.PC.’). The case against A3 was abated on 22.12.2021.

4.A1, A2, and A4 to A6 were examined under section 239 of Cr.P.C.

and charge is framed, and the accusation was read over and explained to them in the vernacular language, for which they denied the same, pleaded not guilty and claimed to be tried.

5.In the course of trial, to prove the guilt of A1, A2, and A4 to A6, the prosecution has examined PW1 to PW3 and marked Ex.P1 to Ex.P7. The evidence of LW3 to LW7 was given up by the learned APP.

6. A1, A2, and A4 to A6 were examined under section 313 of

Cr.P.C. for the incriminating substance in the testimony of prosecution witnesses which were denied by them to be true and he reported no defence evidence.

7.Heard arguments from both sides.

8. Now the point for determination is:-

Whether the prosecution is able to bring home the guilt

of A1, A2, and A4 to A6 for the offence punishable

under section 326 read with 34 of IPC beyond all

reasonable doubt?

9.Point:- PW1 who is the defacto complainant stated that at about 6 years ago, when he went to the police station on some personal work, the police obtained his signature on one written paper, and he do not know anything about this case. One day, he fell down in his house, and he received sustained injuries. In his cross examination except suggestions nothing was elicited. PW2 who is injured and stated that he do not know

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C.C. No.1690 of 2019 5 of 7

anything about this case. In his cross examination he admitted that they compromised the case with the accused out of the Court.

9.1.PW3 stated that on 22.01.2019 at 11A.M. PW1 came to police station and lodged a report vide Ex.P3, based on that he registered a case in Crime No 20 of 2019 for the offence punishable under section 324 r/w 34 of IPC and issued FIR vide Ex.P4. In the course of the investigation he mined and recorded statement of PW1 in the police station, Later, he visited scene of offence situated at Bibi Poor Thanda and conducted scene of offence panchanama and drew rough sketch in crime details form vide Ex.P5 in the presence of LW5 and LW6. Further stated that he examined and recorded the statements of PW2, LW3 and LW4. On 07.02.2019 he obtained medical certificate vide Ex.P6 of PW2 from

LW7and she opined that the injures which were receive by PW2 are grievous in nature as such he altered the section of law from 324 r/w 34 of

IPC to 326 r/w 34 of IPC under Ex.P7. On 13.02.2019, on reelable information he along with his staff rushed to UP Dhaba situated near Bibi

Poor Thanda and apprehended A2 to A5 and brought them to Police

Station and effected their arrest at 11A.M, and he produced them before the Court for judicial remand. On11.06.2019 he received information that

A1 and A6 got anticipatory bail from the Hon'ble I Addl. District &

Session's Court, Nizamabad. After completion of the investigation he filed charge sheet. In his cross examination except suggestions nothing was elicited.

10.To establish the same, the prosecution mainly relied upon the evidence of PW1 to PW3. PW1 and PW2 did not support the

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C.C. No.1690 of 2019 6 of 7

prosecution case and resiled from their earlier statements. They denied the involvement of the accused in the alleged incident.

Despite being cross examination by the learned Assistant Public

Prosecutor, nothing incriminating could be elicited from them to support the prosecution case. PW2 admitted in his cross examination, they settled matter out of the Court. It is a settled principle of law that when PW1 and PW2/ injured turn hostile and do not attribute any overt act to the accused, the foundation of the prosecution case becomes weak.

11. PW3 deposed regarding registration of Ex.P4/FIR, conduct of investigation, recording of statements, and filing of the charge sheet.

Though his evidence remains unchallenged, it is well settled that the evidence of the PW3 by itself can not form the sole basis for conviction unless it is corroborated by substantive evidence. In the present case, the material witnesses have not supported the prosecution, and there is no independent corroboration to the testimony of the PW3.

12. Even assuming the presence of medical evidence/Ex.P6 indicating grievous injury, in the absence of credible ocular evidence connecting the accused with the act, the medical evidence alone is insufficient to establish the guilt of the accused. In view of the above discussion, this Court is of the opinion that the prosecution has failed to prove the guilt of A1, A2, and A4 to A6 beyond reasonable doubt.

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C.C. No.1690 of 2019 7 of 7

9. IN THE RESULT, A1, A2, and A4 to A6 are found not guilty for the offence punishable under section 326 read with 34 of IPC. Accordingly,

A1, A2, and A4 to A6 are acquitted under section 248(1) of Cr. P.C. and their bail bonds, if any, shall stand canceled after the expiry of the appeal period. No order as to case property.

Typed to my dictation by my typist, corrected by me, and pronounced by me in the open Court on the 30th day of January, 2026.

V Additional Judicial Magistrate of First Class- cum-V Additional Junior Civil Judge, Nizamabad

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

PROSECUTION DEFENCE

PW1Ajay Shanker Pande@ Babu Pande PW2Dhegeeraj Mishra-None- PW3A.Naveen Kumar

DOCUMENTS MARKED

PROSECUTION DEFENCE

Ex.P1Statement of PW1 under section 161of Cr.P.C-Nil- Ex.P2Statement of PW2 under section 161of Cr.P.C Ex.P3Report Ex.P4First information report Ex.P5Crime details form Ex.P6Medical certificate of PW2 Ex.P7Section alteration memo

V Additional Judicial Magistrate of First Class- cum-V Additional Junior Civil Judge, Nizamabad

30.01.2026 V AJMFC, Nizamabad

PRC No.86 of 2025 1 of 7

IN THE COURT OF THE V ADDITIONAL JUNIOR CIVIL JUDGE-CUM-V

ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS AT NIZAMABAD

Present: Motta KeerthiRaj V Additional Junior Civil Judge-cum- V Additional

Judicial Magistrate of First Class, Nizamabad.

Monday, the 19 th day of January, 2026.

PRC No.86 of 2025

Between:

The State through Circle Inspector of Police, Dharpally Circle, Nizamabad. … Complainant AND

Laxmapuram Vinod Reddy @ Vinod Kumar, S/o. Gangareddy, Age: 36 years, Occ: Agriculture, R/o. Jankampet Village of Velpur Mandal.

… Accused

This case is coming before me for committal on 19.01.2026 in the presence of Sri. G. Ramakrishna, learned Assistant Public Prosecutor for the State, and of M. Sudharshan Reddy, learned counsel for the accused, and the matter having been heard and stood over for consideration to this date, this Court made the following:-

C O M M I T T A L O R D E R

1.The State through Circle-Inspector of Police, Dharpally Circle,

Nizamabad filed charge sheet against the accused in crime no. 26 of 2025 for the offences punishable under sections 85, and 108 of Bharatiya Nyaya

Sanhita (hereinafter ‘BNS’).

2.Brief averments of the case of the prosecution:- The brief facts of the case are such that, 6 years ago the accused got acquaintance with the deceased/ Laxmapuram Anusha through LW5/ Thalla Sujatha. Accused lured the deceased that he loving with her, the deceased believed the deceitful

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PRC No.86 of 2025 2 of 7

words of the accused, then he taken advantage of her immaturity and he made her pregnant. Then the accused was questioned in the presence of the caste elders and they imposed Rs.12,00,000/- to the accused and they warned not to contact with the deceased, with the imposed amount the deceased parents had purchased one house to the deceased at Dhobi Galli Dharpally, and the deceased have been residing in the said house, in the year 2019 the deceased gave birth to male boy/ Manivardhan Reddy, after passing of 10 months the accused tried to contact with the deceased and finally he had maintained re-relationship with her and he used to visit the deceased, and he maintained physical relationship with her as she again conceive pregnancy and gave birth to another male boy/ Himanshu Reddy. Later the accused suspected the deceased fidelity by alleging that she had been maintain extra matrimonial relationship with others and also he scolded that why she is living so far and shouted at her that, if she died then he may live happily, also he harassed her physically and mentally, the same was informed to LW1/Bondla

Radha and LW2/Bondla Narsaiah, then they pacified the matter, but the accused did not changed his attitude towards the deceased. On 14-02-2025 the accused visited the house of the deceased and scolded her by suspecting her fidelity by alleging that she had maintain extra matrimonial relationship with others and bet her, informed her that to she will go for die, then he return to

Jankampet on his motorcycle. In this regard the deceased fed up her life and taken drastic step that she committed suicide by hanging with saree at their residence and died by hanging. Hence, on 14.02.2025 at about 21:40 hours,

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PRC No.86 of 2025 3 of 7

LW1 went to the Dharpally Police Station and reported the matter.

2.1. Basing on the contents of the report, LW18/ J. Ramakrisha, the Sub-

Inspector of Police, Dharpally Police Station, Nizamabad registered a case in crime no.26 of 2025 for the offences punishable under sections 194 of

Bharathiya Nagarik Suraksha Sanhita (for short ‘BNSS’), and issued the first information report, and took up the investigation. In the course of the investigation, LW18 examined and recorded the statement of LW1 at PS

Dhaprally, and he visited the scene of offence which is situated at Dharpally

Village and Mandal, where he examined the scene due to sunset he unable to conduct scene of panchanama, then the corpse of deceased was shifted to mortuary room Government General Hospital at Nizamabad for the subjected post morterm examination, due to late night he could not conducted inquest over the dead body of the deceased.

2.2.Thereafter, LW18 filed a requisition before LW17/Bandari Malathi to visit mortuary room Government General Hospital, Nizamabad to held inquest over the dead body of the deceased. Accordingly LW17 visited the mortuary room

Government General Hospital, Nizamabad where she secured the witnesses i.e., LW8/Jangiti Bhavani, LW9/Naraboina Pushpala, and LW10/Dubbaka

Harish and conducted inquest over the dead body of the deceased, and took the photographs with available cell phone. LW15/Dr. B.Vnaga Mohan Rao conducted autopsy over the dead body of the deceased and preserved the viscera in to order to send FSL Hyderabad. After completion of the autopsy over the dead body of the deceased and cloths were seized in the above said

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PRC No.86 of 2025 4 of 7

witnesses by affixing panch chits over it. Later, the dead body of the deceased handed over to her relatives under proper acknowledgment. During the inquest

LW18 examined and recorded the statement of LW2 and LW3/ Bondla Bagath.

Basing on the statements of LW2 to LW5, LW18 altered the section of law to 85, 108 BNS from 194 BNSS (Suspicious) and sent section alteration information to all concerns. Later, LW18 visited the scene of offence which is situated at Dharpally Village and Mandal, where he secured witnesses i.e.,LW11/ Malavath Paramesh and LW12/Chelimela Ranjith in their presence he examined the scene and found one saree which used for hanging by the deceased, then LW18 seized the saree in the presence of the above witnesses by pasting panch chits over it. Then LW18 conducted the scene of offence panchanama, and drew rough sketch of the scene by preserving it in the crime details form 2.3.While the efforts to apprehension of the accused were in progress on 19.02.2025 at about 07:30 hours, LW18 received credible information about presence at Sahebpet Village of Velpur Mandal. then the LW18 rushed to

Sahebpet Village along with his crew, where apprehended the accused at about 08:15 hrs and interrogated him thoroughly, when the accused was in confession mood, and where LW18 secured the witnesses i.e.,

LW13/Chelimela Srinivas and LW14/Medi Samendhar in their presence the accused confessed to have committed this offence and he recorded the confessional statement of the accused, and seized the motorcycle bearing

Engine no. HA10AGHHL24070 chassis No. MBLHAR078HHL23467 and

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PRC No.86 of 2025 5 of 7

Mobile IMEI 1. 868925070375828 and IMEI. 2. 868925070375836 from the possession of the accused, by affixing panch chits over them. After completion of confessional and seizure panchanama, the accused was brought to

Dharpally Police Station and affected his arrest at about 09:30 hours by issuing arrest memo duly informed his grounds of his arrest to him and his relatives under section 47 BNSS, and the accused produced before this Court for judicial Custody. As per the instructions of the Superior Officers the

LW19/B. Bikshapathi, the Inspector of Police, Dharpally assumed charge of the case and gone through verified the investigation done by the LW18 and found it on proper lines.

2.4.On 22-02-2025 LW19 examined and recorded the statements of LW4/

Golem Laxmi, LW5/Thalla Sujatha, LW6/Thankami Nirmala and LW7/Bathula

Mutyalamma. Thereafter, on 28-02-2025 LW19 forwarded the viscera of the deceased to RFSL Kamareddy and deposited vide RFSL/KMR/TOX/118/2025,

dated 17-03-2O25 for analysis and report. On 15-04-2025 LW19 received the

FSL report vide RFSLIKMR/TOX118/2025 vide RFSŁ Kamareddy which is issued by LW16/ P. Rajani, and the same was sent to LW15 for final opinion.

On 20-04-2025 LW19 obtained the final opinion from the LW15 who autopsy over the corpse of the deceased and issued opinion that " items 1, 2 and 3 are analyzed but no poisonous substance is found in them. No Poisonous substance found in toxicological analysis, however, basing on the post mortem examination and inquest report the cause of death of the deceased is due to "asphyXia consequent to hanging". Later, LW19 filed a requisition before the

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PRC No.86 of 2025 6 of 7

Commissioner of Police Nizamabad with a request to forward a letter to Nodal

Officer to furnish the call data records hard copy (certified copy) and CAF of

Phone no. 9347750023 under section 63 (4) © of the BSA to submit to the

Court. Accordingly the Commissioner of Police, Nizamabad forwarded the letter to Nodal Officer to furnish the call data records hard copy (certified copy) and CAF of Phone no. 9347750023 and obtain the CAF Phone no.

9347750023. CDR details of No. 9347750023 which are enclosed herewith.

Thereafter, LW19 deposited the case property before this Court vide CPR No.

54 of 2025, dated 20-06-2025. On completion of investigation, LW19 filed the charge sheet.

3.Having perused the material placed on record, this Court has taken cognizance for the offences punishable under sections 85 and 108 of BNS against the accused.

4.On appearance of the accused, copies of documents were furnished to him as required under section 230 of BNSS.

5.Perused the material on record, and having satisfied that there is a prima-facie case against the accused for the offence punishable under section 108 of BNS, which is exclusively triable by the Hon’ble Court of Sessions, this case is committed to the Hon’ble Principal District and Sessions Court,

Nizamabad under section 232(a) of BNSS.

6.The accused on bail vide order of the Honorable Sessions Court,

Nizamabad vide Crl.M.P.No. 151 of 2025, dated 13.03.2025, and he shall

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PRC No.86 of 2025 7 of 7

continue to remain on bail, unless otherwise directed by the Hon’ble Principal

District and Sessions Court, Nizamabad under section 232 (b) of BNSS.

7.The entire case record together with documents and property, if any, to be submitted to the Hon’ble Principal District and Sessions Court, Nizamabad under section 232(c) of BNSS.

8.The learned public prosecutor be notified of the committal of this case to the Hon’ble Principal District and Sessions Court, Nizamabad under section 232(d) of BNSS.

9.Accused is apprised of his right to free legal aid for trial before the

Hon’ble Principal District and Sessions Court, Nizamabad.

10.IN THE RESULT, this case is committed to the Hon’ble Principal District and Sessions Court, Nizamabad, and the accused is directed to appear before the Hon’ble Principal District and Sessions Court, Nizamabad on receipt of summons.

Typed to my dictation by my typist, corrected by me, and pronounced by me in the open Court on the 19th day of January, 2026.

V Additional Junior Civil Judge-cum-V Additional

Judicial Magistrate of First Class, Nizamabad .

Copy submitted to: The Hon’ble Principal District and Sessions Court, Nizamabad.

Copy to: The Assistant Public Prosecutor, Nizamabad.

V AJFCM, Nizamabad. 19.01.2026

C.C. No.704 of 2025 1 of 14

IN THE COURT OF V ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS-

CUM-V ADDITIONAL JUNIOR CIVIL JUDGE, NIZAMABAD.

Present: Motta KeerthiRaj V Additional Junior Civil Judge-cum-V Additional

Judicial Magistrate of First Class, Nizamabad

Tuesday, the 17th day of February, 2026.

Calendar Case No. 704 of 2025

Between:-

The State through Sub-Inspector of Police, P.S. Dharpally. … Complainant AND

1. Kammari Aravind,S/o.Ramulu, Age: 26years, Occ:RMP Doctor, R/o. H.No.3-90, Devanpally Village and Mandal, Kamareddy District.

2. Kammari Sakkubai,w/o.Ramulu, Age:52 years, Occ:House wife, R/o. H.No. 3-90, Devanpally Village and Mandal, Kamareddy District.

3. Kammari Harish, S/o. Ramulu, Age: 29 years, Occ:Private Employee, R/o. H.No.3-90, Devanpally Village and Mandal, Kamareddy District.

4. Kammari Swetha,W/o. Harish,Age:27 years, Occ:House wife, R/o. H.No.3-90, Devanpally Village and Mandal, Kamareddy District.

5. Kammari Ajay, S/o.Ramulu, Age:24 years, Occ: Student, R/o. H.No.3-90, Devanpally Village and Mandal, Kamareddy District.

6. Kammari Anudeep @ Anudish, S/o. Krishna Murthy,Age: 22 years, Occ:Private employee, R/o.H.No.2-99/1, Burugpally Village of Rajampet Mandal, Medak District.

7. Kammari Laxmi,W/o. Krishna Murthy, Age: 44 years, Occ:House wife, R/o.H.No.2-99/1, Burugpally Village of Rajampet Mandal, Medak District.

8. Kammari Harika, D/o. Krishna Murthy, Age:18 years, Occ: Student, R/o.H.No.2-99/1, Burugpally Village of Rajampet Mandal, Medak District.

… Accused This case is coming before me for final hearing on 30.01.2026 in the presence of Sri.G. Rama Krisha, learned Assistant Public Prosecutor for the complainant, and of Sri. Ch.Sailoo, learned Counsel for accused no.1 to 8, and the matter having been heard and stood over to this day for consideration, this Court delivered the following:-

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J U D G M E N T

1.This is a case filed by the State represented by Sub-Inspector of Police,

Dharpally Police Station, Nizamabad against accused no.1 to 8 (for short ‘A1 to A8’) in crime No.49 of 2025 for the offences punishable under sections 85 of Bharatiya

Nyaya Sanhita (hereinafter ‘BNS’), and section 3 and 4 of Dowry and Prohibition Act (hereinafter ‘DP Act’).

2.Brief averments of the case of prosecution:- LW1/ Kammari Bhavani marriage was performed with A1 on 17.11.2024, at the time of her marriage,

LW2/Ganapuram Murali, and LW3/Ganapuram Savitha were presented

Rs.10,00,000/- net cash, 15 tulas gold, and one Tiago car and other house hold articles to A1 as dowry. Thereafter, A1 got a Government Job, then A1 demanded an

additional dowry for an amount of Rs.3,00,000/-, in this regard parents of the LW1

gave Rs.3,00,000/- in the presence of LW4/Boga Janardhan, andLW5/Jithendar

Guptha. After few days when LW1 asked about his Government job, then A1 started harassing her physically and mentally that she is not good enough for A1 by beating her, abused her, kicked her out of the house with the help of A2 to A8 in regard to

additional dowry, then LW1 informed the situation her parents and her caste elders.

Later, they held several panchayathees in the presence of their caste elders but A1 could not change his attitude. A1 said that LW1 having an illegal affair, and A1 to A8 demanded that to bring additional dowry otherwise they don’t allow into their family.

Hence, LW1 went to the Police Station and lodged the report.

2.1.Basing on the contents of report, LW8/ J. Ramakrishna, the Sub-Inspector of

Police, Dharpally Police Station registered a case in crime No. 49 of 2025 for the offences punishable under sections 85 of BNS, and section 3 and 4 of DP Act and dispatched the copies of FIR to all the concerned and took up investigation into the case. In the course of investigation, LW8 examined and recorded the statements of

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LW1 to LW5 at the Police Station. Later, LW8 visited the scene of offence situated at

Dharpally Village, and where he secured the presence of LW6/Madapuram Ramana, and LW7/ Kotagiri Pranay, conducted the scene of offence panchanama, drew rough sketch of the scene, and incorporated it in the Crime Detail Form.

2.2.Later, on 02.04.2025 LW8 issued notice under section 35(3) of Bharatiya

Nagarik Suraksha Sanhita (for short ‘BNSS’) to A1, he released A1 with an instructions to cooperate with the investigation, and appear before the Court or Police as and when summoned. Later, on 18.04.2025, LW8 issued notice under section 35(3) of BNSS to A2 to A8, he released them with an instructions to cooperate with the investigation, and appear before the Court or Police as and when summoned. On completion of investigation, LW8 filed the charge sheet.

3. This Court has taken cognizance for the offences punishable under sections 85of

BNS, and section 3 and 4 of DP Act against A1 to A8. On appearance of A1 to A8, copies of documents were furnished to them in compliance with section 230 of

BNSS.

4.A1 to A8 were examined under section 262 of BNSS, and charges have been framed, and the accusation was read over and explained to them in the vernacular language, for which they denied the same, pleaded not guilty and claimed to be tried.

5.In the course of trial, to prove the guilt of A1 to A8, the prosecution has examined PW1 to PW3 and marked Ex.P1 to Ex.P6. The learned APP has given the evidence of LW3 to LW7.

6. A1 to A8 were examined under section 351 of BNSS for the incriminating substance in the testimony of prosecution witnesses which were denied by them to be true and he reported no defence evidence.

7.Heard arguments from both sides.

8. Now the point for determination is:-

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Whether the prosecution is able to bring home the

guilt of A1 to A8 for the offences punishable under

sections 85 of BNS, and section 3 and 4 of DP Act

beyond all reasonable doubt?

9. Point:- PW1 who is the defacto complainant stated that her marriage was performed with A1 on 17.11.2024 at Dharpally, as per the customs prevailed their community, and they lived together happily for a period of 15 days only. Thereafter,

PW1 went to her parents house, since some small disputes arose between them.

Later, PW1 and A1 decided to live separately in the presence of elders and on the request of their caste elders, she put signature on white blank paper vide Ex.P1.

Ex.P2 is the statement of PW1. PW2 deposed on the same lines of PW1, and his statement marked vide Ex.P3. Despite cross examination of PW1 and PW2 by the prosecution, except suggestions nothing were elicited to establish the presentation of dowry, demand of additional dowry, and physically and mentally harassed by A1 to

A8.

9.1.PW3 deposed that on 22.03.2025, at about 11.00 AM, PW1 came to the police station and lodged report vide Ex.P4 before him, based on that he registered a case in Cr.No.49 of 2025 for the offences punishable under sections 85 of BNS, and section 3 and 4 of DP Act, and issued first information report vide Ex.P5. In the course of investigation, he examined and recorded the statement of PW1 at police station. Further deposed that he visited scene of offence and conducted scene of offence panchanama and drew rough sketch of scene of offence in the crime details form vide Ex.P6 in the presence of LW6 and LW7. Later, he examined and recorded the statements of PW2, LW3 to LW5. On 02.04.2025 he issued notice under section 35(3) of BNSS to A1 with instructions to appear before the Court as and when summoned. On 18.04.2025, he issued notice under section 35(3) of BNSS to A2 to

A8 with instructions to appear before the Court as and when summoned. After

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completion of investigation, he filed the charge sheet. In his cross examination except suggestions nothing was elicited.

10.To establish the same, the prosecution mainly relied upon the evidence of

PW1 and PW2. PW1 did not support the prosecution case and turned hostile. She has categorically deposed that there was not demand of dowry, and that the accused did not subject her to cruelty. She has denied the content of the report vide Ex.P4.

Nothing incriminating is elicited even during cross examination by the prosecution.PW2 who is the father of PW1 also examined by the prosecution have also turned hostile and have not supported the case of the prosecution regarding alleged dowry demand or cruelty.

10.1. The evidence of the Investigating Officer is formal in nature. Though the investigation Officer has supported the investigation conducted by him, it is a settled principle of law that conviction cannot be based solely on the testimony of the investigating officer in the absence of substantive evidence from PW1 or independent witnesses. The prosecution has failed to produce any independent, cogent, and reliable evidence to establish the essential ingredients of section 85 of BNS, and section 3 and 4 of DP Act. In criminal jurisprudence, the burden lies upon the prosecution to prove the guilt of the accused beyond reasonable doubt. In the present case, the prosecution has failed to prove its case beyond all reasonable doubt.

11. IN THE RESULT, A1 to A8 are found not guilty for the offences punishable under sections 85 of BNS, and section 3 and 4 of DP Act. Accordingly, A1 to A8 are acquitted under section 271 of BNSS, and their bail bonds, if any, shall stand canceled after the expiry of the appeal period. No order as to case property.

Typed to my dictation by my typist, corrected by me, and pronounced by me in the open Court on the 17th day of February, 2026.

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V Additional Judicial Magistrate of First Class- cum-V Additional Junior Civil Judge, Nizamabad

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

PROSECUTION DEFENCE

PW1Ghanapuram Bhavani PW2Ghanapuram Murali PW3J.Ramakrishna-None-

DOCUMENTS MARKED

PROSECUTION DEFENCE

Ex.P1Signature of PW1 on the report Ex.P2Statement of PW1 under section 180 of BNSS-Nil- Ex.P3Statement of PW2 under section 180 of BNSS Ex.P4Report Ex.P5First information report Ex.P6Crime details form

V Additional Judicial Magistrate of First Class- cum-V Additional Junior Civil Judge, Nizamabad

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