CC.No. 82 of 20191 of 19
IN THE COURT OF THE I-ADDL. JUDICIAL MAGISTRATE OF FIRST
CLASS AT ARMOOR.
PRESENT: SMT. NELLI SARALA RANI,
I-ADDL. JUDICIAL MAGISTRATE OF FIRST
CLASS, ARMOOR.
Monday, this the 25 th day of August, 2025.
C.C.N o .82 of 2019
Between: State of Telangana, Rep. through Sub-Inspector of Police, PS. Velpoor. … Complainant.
A N D
A1- Buddolla Srinivas S/o. Late Sailoo, Age: 42 years, Occ: Private Employee, R/o. H.No. 6-59, Govor Village of Varni Mandal. A2- Smt. Buddolla Lalavva, W/o. Late Sailoo, Age: 65 years, Occ: Household, R/o. H.No. 6-59, Govor Village of Varni Mandal. A3- Smt. Buddolla Shashikala W/o. Babu Rao, Age: 46 years, Occ: Private Employee, R/o. 6-59, Govor Village of Varni Mandal. A4- Mangamma D/o. Lalavva, Age: 44 years, R/o. Aryanaga, Vinayaknagar of Nizamabad. A5- Sagarika D/o. Babu Rao, Age: 22 years, Occ: B.Tech Student, R/o. Govor Village of Varni Mandal.
(Note: The case against A2 is abated on 01.02.2021.) … Accused Nos.1, 3 to 5.
This case coming on 13.03.2025 for final hearing before me in the presence of the learned A.P.P. for the complainant and in the presence of Sri D.Arun Kumar, learned counsels for A1 to A5 and having stood over for consideration, till this day, the Court delivered the following:
J U D G M E N T
1.The Sub-Inspector of Police, PS. Velpoor filed the charge sheet against A1 to A5 in Cr.No.95/2018 for the offences punishable under
Sections 498-A of Indian Penal Code (hereinafter referred as to “IPC” for brevity) and Sec.4 of DP Act.
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2.The case of the prosecution in brief is that:
On 26.09.2018 at 18:00 hours, LW.1/Buddolla Mamatha @ Karuna came to the police station and lodged a complaint stating that on 29.05.2015 her marriage was performed with A1. In that marriage, her parents presented dowry i.e., net cash of Rs.50,000/-, ½ thula gold ring, thulam gold chain and house hold articles. After the marriage, Buddolla
Mamatha @ Karuna (LW.1) and A1 started living in Durganagar, Mailardev
Pally of Rajendranagar (Hyderabad) and she was working as staff nurse and her husband/A1 was not doing any work and roaming irresponsibly.
Buddolla Mamatha @ Karuna (LW.1) further stated that they lived their life happily for some day, later A1 suspected on her and harassed her mentally and physically to bring additional dowry as he had debits to clear and accordingly, she gave Rs.30,000/- to A1 before her parents due to unbearable torture of A1. A1 used to leave Buddolla Mamatha @
Karuna (LW.1) alone at Hyderabad and used to come to Govur Village and spent there more than 10 days and at that time, Buddolla Mamatha @ Karuna (LW.1) used to go to Govur Village for three, four days and during her stay at Govur Village, A1 to A4 used to harass her mentally for
additional dowry for paying the debts of A1. A1 took the ATM card and
salary of Buddolla Mamatha @ Karuna (LW.1) forcibly and he used to beat her. Later, when Buddolla Mamatha @ Karuna (LW.1) informed the same to her parents, LW.5/Boidi Bala Kishan and LW.6/Bakkolla
Prashanth, they discussed with A1 to A4 regarding the same and sent
Buddolla Mamatha @ Karuna (LW.1) with them but all their efforts went
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in vain. During the stay of Buddolla Mamatha @ Karuna (LW.1) and A1 at
Hyderabad, A5 also used to stay with them, A5 used to say false allegations against LW1 to A1 and she used to provoke A1 to beat
Buddolla Mamatha @ Karuna (LW.1) and A5 also used to interfere in dowry matters. Later, the parents and brother of Buddolla Mamatha @
Karuna (LW.1) gave net cash of Rs.1,00,000/- to A1. Thereafter, Buddolla
Mamatha @ Karuna (LW.1) and A1 lived happily for one year. Finally, on 26.06.2018 at 09:00 a.m., A1 beat Buddolla Mamatha @ Karuna (LW.1), abused her in filthy language and necked her out of the house to bring
additional dowry. Since then, Buddolla Mamatha @ Karuna (LW.1) is
staying with her parents at Velpoor Village. As such, Buddolla Mamatha @ Karuna (LW.1) requested to take legal action against A1 to A5.
2.1.Basing on the petition, LW.11/B.L. Kumar Raju, A.S.I. of Police,
PS.Velpoor registered a case against A1 to A5 in Cr.No.95/2018 for the offences U/s.498-A of IPC and Sec.4 of DP Act. During the course of investigation, LW.11/B.L. Kumar Raju, A.S.I. of Police examined and recorded the statements of Buddolla Mamatha @ Karuna (LW.1), Nalluri
Gangaram (LW.2), Nalluri Laxmi (LW.3) and Nalluri Srinath (LW.4). Further,
LW.11/B.L. Kumar Raju, A.S.I. of Police rushed to the residence of Bodi
Bala Kishan (LW.5) and Bakkolla Prashanth (LW.6), examined them and recorded their statements. Thereafter, LW.11/B.L. Kumar Raju, A.S.I. of
Police rushed to the scene of offence situated at Govuru Village of Varni
Mandal where he examined and recorded the statements of
LW.7/Marigedigall Pedda Sailu and LW.8/Smt. Buddolla Savitha and
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conducted scene of offence and drawn rough sketch of the scene in the presence of LW.9/Chitumala Surya Kumar and LW.10/Venur Sujan Kumar.
2.2.Later, P.Sridhar Goud, S.I. of Police, PS.Velpoor (LW.12) took up the further investigation, verified the investigation done by B.L. Kumar Raju,
A.S.I. of Police, PS.Velpoor (LW.11) and found it on proper lines. During the course of further investigation, on 16.10.2018 A1 to A5 surrendered themselves before the Hon’ble Court at Armoor vide Dis.No. 1217, dated 16.10.2018. As per the guidelines of the Hon’ble Supreme Court of India,
P.Sridhar Goud, S.I. of Police, PS.Velpoor (LW.12) addressed a letter to the kind officer Commissioner of Police, Nizamabad for accord permission to prosecute A1 to A5 and accordingly, he got permission to prosecute A1 to A5 vide proceedings No.C2/27/CCRB-NZB/2019, dated 04.02.2019.
After completion of investigation, P.Sridhar Goud, S.I. of Police,
PS.Velpoor (LW.12) filed charge sheet against A1 to A5 for the offences punishable U/sec.498-A of IPC and Sec.4 of DP Act. Thus, A1 to A5 are liable for punishment under the above provisions of law.
3.This Court has taken cognizance for the offences punishable
U/s.498-A of IPC and Sec. 4 of DP Act against A1 to A5.
4.On appearance of A1 to A5, case copies were furnished to them as contemplated U/s.207 Cr.P.C.
5.The case against A2 is abated on 01.02.2021.
6.A1, A3 to A5 were examined Under Section 239 of Cr.P.C. They denied the offences. Charges for the offences punishable under Section 498-A of IPC and Sec.4 of DP Act, was framed against A1, A3 to A5, read
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over and explained to them in their vernacular language, for which they pleaded not guilty and claimed to be tried.
7.To prove its case, the prosecution has examined PW.1 to PW.9 and got marked Ex.P1 to Ex.P4.
8.After closure of the prosecution evidence, A1 and A3 to A5 were examined under Section 313 Cr.P.C., explaining the incriminating material found against them in the evidence of the prosecution witnesses, for which they denied the truthfulness of evidence and reported no defence evidence on their behalf.
9.Heard the arguments of the learned A.P.P. and the learned counsel for A1, A3 to A5 and perused the material on record.
10.Now the points for consideration is:
Whether the prosecution has proved the guilt of A1, A3 to
A5 beyond reasonable doubt for the offence punishable
under Section 498-A of IPC?
11.In order to prove the allegation, the prosecution has relied upon the evidence of PW.1 to PW.9 and exhibits Ex.P-1 to Ex.P-4.
12.PW.1 is the de-facto complainant and victim. PW.2 is mother of
PW.1. PW.3 is younger brother of PW.1. PW.4 is caste elder. PW.5 is witness. PW.6 and PW.7 are panchas for scene. PW.8 is witness. PW.9 is investigation officer. Ex.P1 is report. Ex.P2 is Crime Details Form. Ex.P3 is
Sec.161 Cr.P.C. statement of PW.8. Ex.P4 is F.I.R.
13.The learned APP has given up the evidence of LW.8/Budolla
Savitha. The learned APP through concerned police filed a report stating
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that LW.2/Nalluri Gangaram died and on 03.06.2025, the concerned police though learned APP filed report along with death certificate of
LW.11/B.L. Kumar Raju submitting that LW.11 died on 01.07.2020, basing on that the learned APP given up the evidence of LW.11/B.L. Kumar Raju.
14. PW.1 (Buddolla Mamatha @ Karuna) deposed that A1 is her husband, A3 and A4 are his sisters. A5 is daughter of A3. A2 is her mother-in-law who was died. PW.1 further deposed that on 29.05.2015 her marriage was performed with A1 and at that time, she was working in a private hospital. PW.1 further deposed that at the time of marriage, they presented cash of Rs.50,000/- and one and half thula gold to A1 as dowry and after marriage, they lead happy marital life for six months at
Hyderabad and A1 was not doing any job. PW.1 further deposed that after six months of her marriage, A1 started harassing her by demanding
additional dowry and on her request, her parents gave Rs.30,000/- to A1,
thereafter, PW.1 and A1 lead marital life happily for some time and subsequently, A1 again started harassing her by left her at Hyderabad alone and A1 used to stay in his native village and accordingly, she also came to native place and started living with A1 at Govuru village. PW.1 further deposed that A3 and A4 are not living with their husbands and they used to stay with them and A2 to A4 harassed her by stating that A1 is in problems and she have to do job at Hyderabad but not to stay with them. PW.1 further deposed that in this regard, a panchayath took place in the presence of caste elders viz., PW.4 and PW.5 and at that time her parents gave an amount of Rs.1,00,000/- to A1. PW.1 further deposed
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that A5 used to stay with them at Hyderabad and used to attend college from her home, A5 used to say bad things about her to A1 and instigated
A1 to quarrel with her. Thereafter, they lead happy marital life for one year at Hyderabad and in the month of June, 2018 A1 again harassed her in the same way, taken away her ATM card and sent her to her parents house and in this regard, panchayath was held again, but in vain. PW.1 further deposed that in the month of July, 2018 another panchayath was held and in that panchayath they both came to an agreement that A1 has to pay Rs.3,20,000/- as compensation to her and they both have to live separately. PW.1 further deposed that she waited for three months, but
A1 not paid any amount as per agreement and accordingly, she went to police station and gave Ex.P1/report to police.
15.During the course of cross-examination, PW.1 stated that she has not filed any receipt with regard to purchase of gold which was presented to A1. PW.1 admitted that she and A1 resided at Hyderabad after marriage and she further stated that A5 also came with them.
PW.1 further admitted that before marriage A1 used to do job and after marriage A1 not attended any job. PW.1 further stated that no independent witness was present at the time of giving Rs.30,000/- to A1.
Further stated that she has not informed about this issue to the caste elders and she used to came to Govuru village only on holidays.
16. PW.2 (Nalluri Laxmi) deposed that PW.1 who is her daughter was working as staff nurse at Hyderabad and prior to marriage also, PW.1 worked as staff nurse. PW.2 further deposed that they performed
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marriage of PW.1 with A1 and at the time of marriage, they presented cash of Rs.50,000/-, ½ thula gold ring, one thula gold chain and household articles to A1 as dowry. PW.2 further deposed that they agreed marriage of PW.1 with A1 as A1 is doing job and after marriage,
PW.1 asked A1 about why he was not attending job and in this regard,
PW.1 and A1 quarreled with each other. PW.2 further deposed that at the request of A1, PW.1 gave an amount of Rs.30,000/- to A1 to pay his debts, A1 harassed her daughter/PW.1 by demanding additional dowry and that they gave Rs.1,00,000/- to A1 by getting debt from PW.4 and
PW.5, but A1 did not change his attitude towards PW.1 and accordingly, a panchayath was held in this regard and at that time A1 agreed to give an amount of Rs.3,00,000/- to PW.1. PW.2 further deposed that since the date of quarrel, PW.1 used to stay in her house and A1 did not pay the amount of Rs.3,00,000/- as agreed by him in the panchayath and accordingly, PW.1 gave report at police station. PW.2 further deposed that all the family members of A1 harassed PW.1 and due to the unbearable harassment, PW.1 is staying in her home. PW.2 further deposed that ATM card of her daughter is also with A1, but A1 failed to provide proper food to PW.1.
17.During the cross-examination, PW.2 stated that, they have not filed any receipts before the Court with regard to purchase of gold items and household articles and they have not filed any proof to show that the above said Rs.30,000/- was withdrawn from bank account. PW.2 further admitted that they have not obtained any loan from LW.6/
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Bokkola Prashanth and LW.5/Boidi Balakishan. Further stated that, in panchayath, they have executed an agreement with regard to paying of
Rs.3 Lakhs by A1 to PW.1. PW.2 further admitted that, as A1 failed to pay the amount of Rs.3 Lakhs they filed this case against the accused persons. PW.2 further stated that she has no personal knowledge about the divorce petition filed by A1.
18. PW.3 (Nalluri Srinath) deposed that on 29.05.2015 PW.1 who is his elder sister marriage was performed with A1 and they lead happy marital life for two months. PW.3 further deposed that PW.1 used to work as staff nurse at Hyderabad and after marriage, PW.1 and A1 used to reside at Durga nagar, Hyderabad. At the time of marriage, they presented cash of Rs.50,000/- and 1½ thula gold to A1 as dowry. PW.3 further deposed that A1 not attended any job and taken away the ATM card of PW.1. PW.3 further deposed that A1 used to stay at his native place for 15 to 20 days and went to Hyderabad and also taken A5 to
Hyderabad to stay with them on the name of studying at Hyderabad.
PW.3 further deposed that A5 used to inform PW.1 about the debts of
A1 and harassed PW.1 by stating that PW.1 brought less dowry. PW.3 further deposed that prior to marriage also, PW.1 used to work as staff nurse and thereby saved some amount in her bank account and PW.1 informed them about harassment made by A1 along with A5 on account of additional dowry and accordingly, they have withdrawn an amount of
Rs.30,000/- from the bank account of PW.1 and gave to A1 in his house situated at Velpoor village in the presence of his family members. PW.3
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further deposed that thereafter, A1 and PW.1 lead happy marital life for some time at Hyderabad and subsequently, A1 again harassed PW.1 on account of additional dowry and accordingly, they obtained debt of
Rs.1,00,000/- and gave that amount to A1 in the presence of
LW.6/Bakkola Prashanth and LW.5/Boidi Balakishan. PW.3 further deposed that PW.1 and A1 lead happy marital life for some time and subsequently, A1 again started harassing PW.1 and A1 used to move outside villages but not used to stay with PW.1. PW.3 further deposed that at one time, PW.1 came to their house and they noticed PW.1 in bad situation and PW.1 informed them that A1 has taken away her ATM card and not taken care of her. PW.3 further deposed that on one festival time, PW.1 and A1 went to the native place of A1 and at that time, A2 to
A4 harassed PW.1 by stating that PW.1 got less dowry. PW.3 further deposed that in the year 2018, A1 beat PW.1 and A1 along with A5 abused PW.1 in filthy language and necked her out of the house by demanding additional dowry of Rs.2 lakhs and since then PW.1 is living at their house. PW.3 further deposed that a panchayath took place in the presence of caste elders at the native place of A1 and in that panchayath,
A1 stated that he was not interested to lead marital life with PW.1 and also stated that he will pay an amount of Rs.3,25,000/- to PW.1 within one month and also executed an agreement in this regard, but A1 failed to pay an amount of Rs.3,25,000/- as agreed by him and subsequently
PW.1 filed report against A1 along with A2 to A5 at police station.
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19.During the course of cross-examination, PW.3 admitted that they have obtained Rs.1 Lakh from their villagers as debt and they have not filed any proof to show that they obtained debt of Rs.1 Lakh. Further stated that, he has no personal knowledge about the divorce petition filed by A1.
20. PW.4 (Boyidi Bala Kishan) deposed that in the year 2015, the marriage of PW.1 was performed with A1 and at the time of marriage, the parents of PW.1 presented an amount of Rs.50,000/- and 1½ thula gold to A1. PW.4 further deposed that they lead happy married life for some time and he came to know that A1 and PW.1 are residing at
Hyderabad. PW.4 further deposed that on one day, PW.1 came to
Velpoor village, informed them that A1 was demanding additional dowry and accordingly, they went to Govur village and gave Rs.1,00,000/- to A1 and after some days, PW.1 again came to their village and informed them that A1 left her alone at Hyderabad and came to Govur village and accordingly, they again went to Govur village and asked A1 about his attitude then A1 replied that he is not interested to lead marital life with
PW.1 and in this regard, a panchayath took place in the presence of both side caste elders and in that panchayath, A1 agreed to give an amount of
Rs.3,20,000/- to PW.1 and subsequently, A1 failed to give the amount to
PW.1 and that PW.1 filed report at police station.
21.During the course of cross-examination, PW.4 stated that he is one of the caste elder in the panchayath and he cannot say the names of the persons who attended panchayath. He further stated that, an agreement
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was executed in the panchayath with regard to the amount of
Rs.3,20,000/- payable by A1 to PW.1. PW.4 admitted that he, PW.3 and
LW.6/Bakkolla Prashanth came to Court.
22. PW.5 (Bakkolla Prashanth) deposed that in the year 2015, the marriage of PW.1 was performed with A1 and at the time of marriage, the parents of PW.1 presented an amount of Rs.50,000/- and 1½ thula gold to A1. PW.5 further deposed that they lead happy married life for some time, thereafter, on one day, the father of PW.1 came to him and informed that PW.1 and A1 are quarreling with each other on small things and in this regard, panchayath has to be taken place. PW.5 further deposed that he was the caste elder of his village and accordingly, himself and other case elders went to Govur village and at that time the parents of PW.1 gave Rs.1,00,000/- to A1. PW.5 further deposed that after some days, PW.1 again came to their village and they came to know that PW.1 and A1 got disputes again and in this regard, a panchayath took place in the presence of both side caste elders and in that panchayath, A1 agreed to give an amount of Rs.3,20,000/- to PW.1 and subsequently, A1 failed to give the amount to PW.1 and that PW.1 filed report at police station.
23.During the course of cross-examination, PW.5 stated that an agreement was executed in the panchayath with regard to amount of
Rs.3,20,000/- payable by A1 to PW.1.
24. PW.6 (Venur Sujan Kumar) and PW.7 (Chittimalla Surya Kumar) are mediators for scene of offence. PW.6 deposed that on 27.09.2018 at
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the request of Velpoor police, himself and LW.9/Chitumala Surya Kumar went to Govur village to act as panch witness with regard to the quarrel in between A1 and PW.1. PW.6 further deposed that police conducted scene of offence panchanama, drawn rough sketch in their presence at the house of A1 situated at Govur Village and after explaining the contents, police obtained their signatures on Ex.P2/Crime details form.
25.During the course of cross-examination, PW.6 stated that panchanama conducted at 10.30 am and he only put one signature.
Further stated that, police mentioned boundaries of the house in Ex.P2 and he cannot say the boundaries of the house of the accused. PW.6 admitted that today he came to the Court along with PW.3.
26.PW.7 deposed that on 27.09.2018 at the request of police, himself and PW.6 went to Govur village to act as panch witnesses with regard to the quarrel in between A1 and PW.1. PW.7 further deposed that police conducted scene of offence panchanama, drawn rough sketch in their presence at the house of A1 situated at Govur Village.
27.During the course of cross-examination, PW.7 stated that he cannot say the contents of crime details form. PW.7 admitted that PW.3 is his friend and he received phone call from police station and his number was given to police by PW.3 and he cannot say the name of the police station from which he received phone and that after receiving phone call from police station he went to Govur village.
28. PW.8 (Marigedigall Pedda Sailu) categorically deposed that he does not know the facts of the case and police not recorded his
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statement. PW.8 did not support the case of prosecution, at the request of the learned A.P.P., he was declared hostile. However, in his cross- examination by the learned A.P.P., no worthwhile material could be elicited, involving the complicity of A1, A3 to A5 in the alleged offences, except marking the 161 Cr.P.C., statement of PW.8 as Ex.P3.
29. PW.9 (P.Sridhar Goud) the then S.I. of police, PS.Velpoor deposed that on 26.09.2018 at 18:00 hours, LW.11/B.L.Kumar Raju, A.S.I of police received report from PW.1 and basing on that he registered a case in
Cr.No.95/2018 and issued Ex.P4/F.I.R.PW.9 further deposed that LW.11/
B.L.Kumar Raju, A.S.I of police recorded the statements of PW.1 to PW.5 and LW.2/Gangaram and rushed to scene of offence situated at Govuru
Village, prepared scene of offence panchanama and drawn rough sketch in the presence of PW.6 and PW.7 and recorded the statements of PW.8 and LW.8/Buddolla Savitha. PW.9 further deposed that thereafter, he had taken case file from LW.11/B.L.Kumar Raju, A.S.I of police, verified the investigation done by him and found it is to be on correct lines. PW.9 further deposed that on 11.10.2018, A1 to A5 surrendered before the
Court and remanded to judicial custody. PW.9 further deposed that after completion of investigation, he filed charge sheet against the accused persons.
30.During the course of cross-examination, PW.9 admitted that, in FIR there is correction in column No.7 with regard to the name of the accused No.2. Further admitted that, in FIR the name of accused No.4 was shown as Gangamani and he stated that mistakenly they mentioned
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the name of Gangamani in FIR and he has not explained in the charge sheet about the mistake done in F.I.R. PW.9 further stated that he has not obtained the signature of informant in F.I.R. and no documents filed to show that PW.1 presented dowry to the accused persons. Further stated that, he has not done any investigation at Hyderabad and they have not filed any duty certificate to show that LW.11/B.L. Kumar Raju, went to Govuru village. PW.9 further admitted that they have not secured local inhabitant at the time of conducting of scene of offence panchanama. Further stated that, they have not filed any bank statement with regard to the ATM card of PW.1.
POINT:
31.In view of the arguments of both sides, it is pertinent to mention about essential ingredients of Section 498-A of IPC which deals for the punishment of harassment and cruelty of a married woman by her husband and his relatives.
The ingredients to be proved are as follows:
(a) There must be a married woman.
(b) That married women should be subjected to cruelty.
(c) She must be subjected to such cruelty either by the husband or by the relatives of the husband.
Explanation also given in which the word cruelty means
any willful misconduct which is likely to drive the
women to commit suicide or to cause grave injury or
danger to life, limb, health or cruelty when it is by way
of unlawful demand for property etc.
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32.To prove the first ingredient there must be a married women. In this case, the marriage of PW.1 with A1 was not disputed. With regard to mental and physical harassment, the evidence of PW.1 shows that after marriage they lead happy marital life for some days and subsequently,
A1 harassed PW.1 physically and mentally by demanding additional dowry and further, took the ATM card of PW.1 and sent her to her parents house, inspite of conducting panchayath, but in vain and finally as per the panchayath held on July, 2018 came to an agreement that A1 shall pay an amount of Rs.3,20,000/- to PW.1 as compensation and they both will live separately, but A1 failed to pay the said amount. But, during the course of cross-examination, PW.1 admitted that she has not filed any receipt with regard to purchase of gold which was presented to
A1 and stated that she has not filed the agreement before the Court.
33.PW.2 and PW.3 who are relatives of PW.1 deposed about A1, A3 to
A5 harassing PW.1 physically and mentally for additional dowry, but during their cross-examination, they admitted that no documents were shown that they presented dowry to A1.
34.PW.4 and PW.5 are caste elders. PW.4, during his cross-examination stated that he cannot say the names of the persons who attended panchayath and further PW.4 and PW.5 admitted that they and PW.5 came to Court. PW.6 and PW.7 who are panch witnesses for scene of offence and PW.6 stated in his cross-examination that, he only put his signature and admitted that he came to Court along with PW.3 and PW.7 admitted in his cross-examination that, PW.3 is his friend and he received
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phone call from police station and his number was given to police by
PW.3 and he cannot say the name of police station from which he received phone call. PW.8 who is cited as witness did not support the prosecution case.
35.Further, PW.9 the investigating officer in this case also stated that no documents filed to show that PW.1 presented dowry to the accused persons and admitted that they have not secured local inhabitants at the time of conducting of scene of offence panchanama and did not filed any bank statement with regard to ATM card of PW.1.
36.Except the evidence of PW.1 to PW.4, there is no other independent evidence to know the fact that A1, A3 to A5 harassed PW.1 physically and mentally with the demand of additional dowry. Except alleging that PW.1 gave dowry and the accused demanded additional dowry, she did not produce any documentary evidence, and further no independent witnesses, who attended the marriage, or who were present at the time of giving alleged dowry, are examined. Though, PW.2 to PW.4 deposed about giving of the dowry but they admitted that they did not submit any documents before the Court to show that they gave dowry.
37.From the aforesaid contentions, this Court is of the opinion that, the prosecution failed to prove about giving of dowry to the accused and about the harassment made by A1, A3 to A5 to PW.1 for additional dowry, beyond all reasonable doubts.
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38.According to the explanation of the cruelty it should be a continuous process. The Hon’ble Apex Court in Mohd. Hoshan Vs. State of Andhra Pradesh 2002(7) SCC 414 the Apex Court held that continuous teasing or taunting amounts to cruelty. If we see the evidence of PW.1, she never spoken about continuous harassment towards her. If the evidence of PW.1 is seen, except a statement that the accused has beaten her, there are no specific instances stated by her that because of the acts of the accused, PW.1 is staying with her parents.
39.So, cumulation of above said facts, clearly shows that there is no proper evidence put forth by the prosecution against the accused to connect the accused for the offence under Section 498-A of IPC. Hence, the offence under Section 498-A of IPC is not proved, though PW.2 to
PW.4 and PW.9/investigating officer supported the version of PW.1.
Hence, the ingredients of sections 498-A of IPC are not made out by the prosecution. Accordingly, the point is answered against the prosecution.
40.From the above said facts and circumstances, it is held that there is no evidence on record to show that A1, A3 to A5 subjected PW.1 to cruelty by demanding additional dowry and necked her out of the matrimonial home. There is no iota of evidence to show that A1, A3 to A5 committed the offence punishable U/sec.498-A of IPC as alleged by the prosecution. For the reasons stated above, this Court is of the opinion that the prosecution failed to prove the guilt of A1, A3 to A5 for the offence punishable under section 498-A of IPC and Section 4 of DP Act beyond all reasonable doubts.
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41. In the result, A1, A3 to A5are found not guilty for the offences punishable under Sec.498-A of IPC and Sec. 4 of DP Act., and they are acquitted under Sec.248(1) Cr.P.C., for the said offences. The bail bonds of A1, A3 to A5 shall be discharged after expiry of 6 months as per
Section 437-A Cr.P.C.
Typed to my dictation, corrected and pronounced by me in open Court on this the 25 th day of August, 2025.
Sd/-
I Addl. Judicial Magistrate of First Class, Armoor.
Appendix of evidence
Witnesses examined for
Prosecution Defence
PW.1: Buddolla Mamatha @ Karuna . -None- PW.2: Nalluri Laxmi. PW.3: Nalluri Srinath. PW.4: Boyidi Bala Kishan. PW.5: Bakkolla Prashanth. PW.6: Venur Sujan Kumar. PW.7: Chittimalla Surya Kumar. PW.8: Marigedigall Pedda Sailu. PW.9: P.Sridhar Goud, Investigation Officer.
Exhibits marked for
Prosecution Defence
Ex.P1: Report. -Nil- Ex.P2: Crime details form. Ex.P3: Sec.161 Cr.P.C. statement of PW.8. Ex.P4: F.I.R.
M.O’s Marked
-Nil-
Sd/-
I Addl. Judicial Magistrate of First Class, Armoor.
Dt: 25.08.2025. I-AJFCM, Armoor.
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CALENDAR AND JUDGMENT
IN THE COURT OF THE I-ADDL. JUNIOR CIVIL JUDGE-CUM-
I-ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS,
AT ARMOOR.
CC.No. 82 of 2019.
1.Name of Complainant::The State through Sub-Inspector of Police, P.S. Velpoor.
2.Names of Accused::A1- Buddolla Srinivas S/o. Late Sailoo. A2- Smt. Buddolla Lalavva, W/o.Late Sailoo. (Died) A3- Smt. Buddolla Shashikala W/o. Babu Rao. A4- Mangamma D/o. Lalavva. A5- Sagarika D/o. Babu Rao.
3.Nature of Offence::U/sec.498-A of IPC and Sec.4 of DP Act.
4.Finding::Found not guilty.
5.Sentence ::Acquitted.
6.Date of offence ::Prior to 26.09.2018.
7.Date of Complaint::26.09.2018.
8.Date of Apprehension/Surrender of the ::----- accused
9.Date of Commencement of trial::15.06.2023.
10. Date of Closure of trial::04.07.2025.
11. Date of Sentence or Order::25.08.2025.
12. Explanation of delay::-----
Sd/-
I Addl. Judicial Magistrate of First Class, Armoor.
To: The Hon’ble I Additional District and Sessions Judge, Nizamabad.
Dt: 25.08.2025. I-AJFCM, Armoor.