1
In the Court of the Principal Assistant Sessions Judge :: Tirupati
Present : Sri P.V.Sadananda Murthy ,
Principal Assistant Sessions Judge,
Tirupati.
Tuesday, the 12 th (Twelfth) day of May, 2015.
Sessions Case No. 200 of 2014
P.R.C.No.13/2014 of IV Addl. JMFC, Tirupati.
Cr.No.111/2014 of Alipiri P.S., Tirupati.
State, represented by the SubInspector of Police, Alipiri Police Station, Tirupati. … Complainant
Vs.
Chennamsetti Mallikarjuna, age 35 years, Son of CH. Subbaiah, Bazar Street, Old Pet, Chandragiri. N/o Buchireddipalem Village & Mandal, Nellore District.
... Accused
This case is coming on 07052015 for final hearing before me in the presence of Smt. S.Vijayalakshmi, Additional Public Prosecutor,
Tirupati for the state and of Sri Matta Purushotham Reddy,
Advocate for the accused and upon hearing both sides, and having stood over for consideration till this day, this court delivered the following :
: J U D G M E N T :
The Inspector of Police, Alipiri Police Station, Tirupati filed charge sheet against the accused for the offence Under Sections 498A and 306 of Indian Penal Code and Section 3 and 4 of Dowry
Prohibition Act.
2.The brief averments in the charge sheet are that the L.W.1
N. Krishna Kumari has two daughters viz., CH Sravani ( deceased) and 2
L.W.2 Thulasi. The marriage of the deceased Sravani was performed with the accused on 02091999 at Padmavathi Kalyana Mandapam,
Tirumala. At the time of marriage L.W.1 N. Krishna Kumari and her husband CH. Namala Ramesh Babu gave dowry of cash of
Rs.1,00,000/ to the accused and so also 25 sov of gold jewels to the deceased and cash of Rs.30,000/ to purchase house hold articles as demanded by the accused. After their marriage they blessed with two children and the accused was addicted to bad vices like drinking alcohol and playing gambling and other bad vices and the accused has been harassing the deceased mentally and physically for want of
additional dowry from her parents. On several occasions L.W.1 N.
Krishna Kumari and her husband gave money to the accused as demanded by him to meet his bad vices, hoping that the accused would change his attitude towards her daughter deceased Sravani. L.W.1
Krishna Kumari went to Kuwait to earn money to fullfill the demands of the accused and sent money and gold towards additional dowry from Kuwait to the accused. But the accused did not change his attitude and he has been harassing the deceased mentally and physically with a demand to get additional dowry. Subsequently in the year 2007 father of the deceased died due to heartattack. The accused did not attend to his duties properly and demanded the deceased to get money from her mother L.W.1 Krishna Kumari. Several times the deceased informed to her mother L.W.1 and to her younger sister L.W.2 3
Thulasi that she was unable to tolerate the physical an mental harassment of the accused. She wants to end her life, but, in view of the welfare of her children only the deceased kept quite with patience.
L.W.1 and L.W.2 convinced the deceased to be with patience hoping that the accused would change his attitude towards the deceased. On 24032013 in the morning time the deceased Sravani informed to her mother L.W.1 over phone that the accused beat her indiscriminately with a demand of additional dowry, when the deceased expressed her inability the accused threatended the deceased with dire consequences and so also threatended her if the deceased commits suicide he will marry another woman, thereby gets huge dowry amount. L.W.1 went to Chandragiri and brought her daughter Sravani to Tirupati and kept her in her house at Madhura Nagar, Tirupati.
While so on 26032013 at about 0930 AM the accused went to the house of his motherinlaw L.W.1 Krishna Kumari at D.No.1884,
Madhura Nagar, Tirupati and abused the deceased Sravani in filthy language saying that why she did not get money from her mother and beat her with hands and kicked her with legs and threatended her with dire consequence and he also threatended to kill her and marry another woman and also abets the deceased to commit suicide. L.Ws 1 and 2 sent away the accused to their house, unable tolerate the cruelty of the accused, for want of additional dowry and the deceased lost her patience and vexed with her life, at about 1000 AM on 26032013, 4 the deceased Sravani went into a room at her mother's house bolted he door and attempted to commit suicide by hanging to a ceiling fan hook with a sari. Immediately, on noticing the deceased bolting the door from inside, L.Ws 1 and 2 tapped the door as there was no response, then with the help of neighbours L.Ws 1 and 2 forcibly opened the door and found the deceased hanging to a Ceiling fan hook and immediately they shifted the deceased to SVRR GG Hospital, Tirupati, the doctor who examined the deceased and declared that she died.
Basing on the report of L.W.1 Krishna Kumari, a case in
Cr.No.111 of 2013 for the offence under Section 498A and 306 of the
Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act was registered by L.W.13 and took up investigation and examined the witnesses and seized a light green colour flower design polyester sari which was used by the deceased to commit suicide by hanging. After completion of investigation, charge sheet is filed by L.W.14 under the above Section of Law.
3. The learned IV Additional Judicial First Class Magistrate,
Tirupati took the charge sheet on file as PRC No.13/2014 and committed the case to the Hon'ble District Court, Chittoor, as the offence under Section 306 IPC is exclusively triable by the Court of
Sessions. The Hon'ble District Judge, Chittoor took the case on file as
Sessions Case No.200/2014 and the said case was made over to this
court for disposal according to law.
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4. After appearance of the accused, he was examined under Section 228 Cr.P.C. and charges under Sections 498A and 306 of the Indian Penal Code and under Section 3 and 4 of Dowry
Prohibition Act were framed against the accused, read over and explained to him in Telugu for which the accused denied to have committed the said offence and pleaded not guilty and claimed to be tried.
5. During the course of trial, the prosecution examined
P.Ws.1 to 11 and marked Exs.P.1 to P.8 and M.Os.1 to 4.
6. After closure of the prosecution side evidence, the accused was examined under Section 313 Cr.P.C. The accused denied the evidence of prosecution and reported defence evidence.
7. On behalf of the accused, D.W.1 is examined and Ex.D.1 is marked.
8. Heard the learned Additional Public Prosecutor and the learned counsel for the accused.
9. The point for determination is
Whether the prosecution has proved the charged
offence under Sections 498A and 306 of IPC and under
Section 3 and 4 of Dowry Prohibition Act against the
accused beyond reasonable doubt or not?
10. POINT:
The contention of the learned Additional Public Prosecutor that as per the evidence of P.W.1 who is the mother of the deceased 6
Sravani and P.W.2 is the sister of the deceased Sravani and P.W.3 who is the brother in law of the deceased Sravani and P.Ws.4 to 8 are the neighbours in the locality. All the witnesses deposed that the deceased
Sravani committed suicide immediately after the accused assaulted her at the house of P.W.2. P.W.2 is the daughter of P.W.1. As per the evidence of P.Ws 1 to 3, since from the beginning of the marriage itself, the accused has been harassing the deceased Sravani with a demand to get additional dowry and cash from her parents and to meet the demands of the accused P.W.1 and her husband used to give amounts to the accused. As the accused addicted to bad vices like drinking and gambling, he has been harassing the deceased Sravani for additional dowry. While P.W.1 was at Kuwait she sent the amounts to her daughter Sravani, as the accused demanded additional dowry and harassed her and thereafter P.W.1 returned back from Kuwait and staying with her 2nd daughter P.W.2 and the accused and the deceased
Sravani were residing at Chandragiri and the accused was working at
TTD, Tirumala in Laddu Counter. While so on 2432013 the deceased
Sravani contacted P.W.1 over phone and informed that the accused beat her indiscriminately with a demand to get cash from her mother i.e., P.W.1. When P.W.1 received the phone call she went to
Chandragiri and brought her daughter deceased Sravani to the house of
P.W.2, where P.W.1 was staying. While the deceased Sravani was staying in the house of P.W.2, on 26032013 at about 900 AM the 7 accused went to the house of P.W.2 and assaulted his wife deceased
Sravani and beat her stating that why she has staying in the house without getting any money from her mother and so also abetted her to die with an intention to get 2nd marriage. Due to the abetment and instigation of the accused the deceased Sravani rushed into a room and locked the door and committed suicide by hanging. When the deceased Sravani locked the door, P.Ws 1 to 3 and others including
P.Ws 4, 5, 7 and 8 rushed to the house of P.W.2 and forcibly opened the locked door, by that time the deceased Sravani was hanging and committed suicide and they immediately shifted to the government hospital and the doctor examined her and declared that she died.
Therefore, the evidence of P.Ws 1 to 8 is quite consistent that the accused harassed the deceased Sravani with a demand to get cash from her mother and also beat her indiscriminately, then P.W.1 went to
Chandragiri and brought her daughter Sravani to the house of P.W.2.
While the deceased Sravani was staying in the house of P.W.2, on 26.3.2013 the accused went to the house of P.W.2 in drunken state and raised galata with his wife deceased Sravani and beat her indiscriminately with a demand to get cash and also threatended her to die saying that he will perform 2nd marriage. Due to the instigation and abetment of the accused, the deceased committed suicide by hanging to a Ceiling fan hook. Therefore, the accused is liable for punishment under Section 306 of the Indian Penal Code and so also under Section 8 498A of the Indian Penal Code and under Section 3 and 4 of the
Dowry Prohibition Act and the accused shall be convicted.
11.The contention of the defence counsel is that the accused never abetting the deceased Sravani to commit suicide and the learned counsel further contended that the allegations and charges under Section 3 and 4 of D.P Act in this case is highly exaggerated, because, the marriage of the accused with the deceased Sravani was performed in the year 1999. After 15 years of their marriage the allegation of demand of dowry and taking dowry is highly exaggerated and such allegation is not maintainable in the eye of Law. Because, if any dowry was demanded or taking dowry at the time of the marriage, it can be considered under Section 3 and 4 of the D.P Act. In this case, absolutely there is no evidence that at the time of marriage the accused demanded dowry amount and he received Rs.1,00,000/ cash dowry, therefore, the allegations that the accused demanded dowry and taking dowry is only invented for the sake of this case. As the marriage of the deceased Sravani and the accused was performed in the year 1999, after that they blessed with two children they are aged about 11 years and 14 years respectively and they are with the accused and the accused is looking after them, after the death of the deceased Sravani. It clearly shows that due to some family disputes and misunderstandings, wife of the accused left the house and went to her mother's house and stayed there. When the accused went to his 9 motherinlaw house to ask to send back his wife, then a wordy quarrel took place in between the accused and his mother in law, after that in a fit of anger the deceased Sravani rushed into the room and committed suicide. The learned counsel further contended that the deceased is a weak mind person and she had already made an attempt to commit suicide while herself and the accused were living at Buchireddypalyam.
When the deceased made an attempt to commit suicide in the year 2007 in the presence of the family elders of the accused and the deceased Sravani executed and undertaking and assurance letter in the presence of D.W.1. Ex.D1 is the letter of undertaking and assurance letter executed by the deceased Sravani that she will not make any attempt to commit suicide in future and she had made an attempt to commit suicide due to her innocence without knowing the consequence of the suicide and she had executed the undertaking letter in the presence of D.W.1, P.W.1 and father of the deceased and others.
Therefore, Ex.D1 undertaking letter established the fact that the deceased Sravani is a weak mind person and she is psychologically affected person with a tendency of commit suicide. Therefore, due to psychological tendency and weak mind of the deceased Sravani, basing on small family dispute, all of a sudden in a fit of anger she committed suicide, when the accused asked her to return back to his house from the house of her mother. So that the accused never abetted her to commit suicide and the deceased herself committed suicide in a fit of 10 anger as she is a weakmind person. The learned counsel further contended that the evidence of P.Ws 3, 4, 8 is highly exaggerated as if they witnessed that the accused assaulted the deceased Sravani at the house of P.W.2. As per the contents of the First Information Report and the report and so also 161 Cr.P.C., statements of P.Ws 1 and 2, it is clear that they stated that on the date of the incident, when the deceased Sravani was in the house of P.W.2, the accused came to their house and raised galata with the deceased Sravani, at that time P.Ws 1 and 2 interfere and pacified the galata, after that the deceased Sravani went into the room and locked the door, then they raised cries, then
P.W.3 and P.W.4 and others came there and forcibly opened the door, therefore witnessing the alleged galata by P.Ws 3, 4 and 8 is false and they deposed false versions only to accommodate P.Ws 1 and 2 and the evidence of P.Ws 5, 6 and 7 is hearsay evidence, they have not witnessed anything, and they deposed that they came to know that the deceased Sravani committed suicide as the accused assaulted her. Therefore, hearsay evidence of P.Ws 5, 6 and 7 is no way helpful to the prosecution and the evidence of P.Ws 3, 4, 5 and 8 is highly exaggerated as if they witnessed the galata in between the accused and the deceased Sravani in the house of P.W.2, because as per the contents of the First Information Report, report and Section 161 Cr.P.C., statements of P.Ws 1 and 2 at the time of the alleged galata in between the accused and the deceased Sravani, P.Ws 1 and 2 only present there 11 and they interfered and pacified the situation after that the deceased
Sravani rushed into the room and locked the door, then with fear they raised cries, then P.Ws 3, 4, 8 and others rushed to the house and opened the door by that time the deceased Sravani was hanging.
Therefore, the evidence of P.Ws 3, 4, 5 and 8 is not safe to rely about the alleged instigation and abetting of the accused to commit suicide by deceased Sravani.
12. The learned counsel further contended that it is a fact that since 1999 i.e., after the marriage the deceased Sravani and the accused were living together and blessed with two children and accused is working at Tirumala and looking after his family, even though P.W.1 was at Kuwait, there is no disputes or any incidents took place in between the accused and the deceased Sravani. If at all any harassment for dowry was happened, nothing prevented P.W.1 and her daughter deceased Sravani to report the incident immediately to the police, but, absolutely there is no evidence to show that any prior incidents took place for demand of any dowry or harassment by the accused towards the deceased, because the oral say of P.W.1 that the accused has demanded additional dowry and harassed her daughter deceased Sravani, there is no other cogent evidence to prove that fact.
The Investigating Agency has not examined any witness of the neighbours of the house of the accused and so also other neighbours in the locality, where the deceased Sravani and the accused are living 12 together and lead their family life. So that, non examination of the independent and locality people to prove the alleged harassment of the accused towards the deceased is fatal to the prosecution and so also non examination of the independent and natural witnesses i.e., the children of the accused who were present at the time of the alleged harassment and galata on 24032013 at the house of the accused in
Chandragiri is fatal to the prosecution, because, if at all any incident took place of harassment and beating on 24.3.2013 in the house o the accused in Chandragiri, the children of the accused were present in the house and they are the material and natural witnesses to prove the alleged incident on 2432013 at the house of the accused, but for the reasons best known to the Investigating Agency they have not chosen to examine the children of the accused and so also the neighbours and locality people of Chandragiri, where the accused is residing with his wife deceased Sravani, so that, absolutely there is no evidence to prove the alleged harassment of demand of additional dowry or any dowry amount by the accused at any time. If at all any harassment of dowry was happened, it is quite natural to conduct mediations in between the accused and his wife Sravani and so also parents of the deceased
Sravani. But, in this case absolutely there is no evidence to prove the alleged harassment of demand of additional dowry by the accused so also harassment of the accused towards deceased Sravani. Except the bald statement of P.W.1 that the accused harassed the deceased 13
Sravani with a demand to get cash and additional dowry, there is no other cogent evidence to prove that fact and so also there is no evidence how much amount was demanded by the accused on the alleged date of incident i.e., 2432013 at the house of accused in
Chandragiri and so also absolutely there is no evidence of P.Ws 1 and 2 how much amount was demanded by the accused to get the same from
P.W.1 by deceased Sravani. P.W.1 and 2 simply stated that the accused demanded some amount and harassed the deceased Sravani and beat her, as deceased Sravani has not get any amount from her mother, the accused assaulted her and abetted her to commit suicide. Therefore, the vague and bald statement of P.Ws 1 and 2 that the accused demanded some amount and harassed his wife Sravani is baseless allegations and it is only invented for the sake of this case and no incident took place on 2432013 with a demand of getting any cash by deceased from her mother and so also absolutely there is no evidence to show that on 2432013 the accused beat his wife Sravani indiscriminately, because, there is no cogent evidence to prove the fact that the deceased Sravani received any injuries on the date of alleged incident 2432013. So that, the bald statements of P.Ws 1 and 2 that the accused beat the deceased Sravani indiscriminately on 2432013 is false and the learned defence counsel further contended that as per the evidence of P.W.1 when she received pone call from the deceased Sravani, she went to Chandragiri and she get back her 14 daughter deceased Sravani only and she had not made any attempt to get back the children of the deceased Sravani, that itself shows that no serious incident took place on 2432013 at the house of deceased
Sravani, if any serious incident took place on 24.3.2013 in the house of the accused, P.W.1 could not left the children of the deceased
Sravani in the house of the accused itself and she get back the deceased Sravani only to her house, so that the facts and circumstances shows that no serious incident took place on 24.3.2013 in the house of the accused as stated by P.W.1 and so also there is no cogent evidence to prove that on 2432013 the deceased Sravani has received any injuries in the hands of the accused when he assaulted and beat her indiscriminately, therefore, the alleged incident on 2432013 at the house of the accused is only created one and deceased Sravani left the house for obvious reasons and reached her mother's house and when the accused went to the house of his mother in law, and asked to send back his wife Sravani to his house, then a wordy quarrel took place at the house of P.W.2, immediately after the galata, in a fit of anger the deceased Sravani committed suicide by hanging in the room, so that the accused never abetted the deceased Sravani to commit suicide and so also the allegations of dowry harassment and demand of cash by accused is also invented for the sake of, Section 498A of IPC and also
Section 3 and 4 of the D.P Act. Therefore, the accused shall be acquitted.
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13. After careful hearing of the contentions of the learned
Public Prosecutor and the defence counsel and on perusal of the evidence on record and so also the evidence of D.W.1 and Ex.D1 undertaking and assurance letter executed by the deceased, I come to conclusion that as contended by the defence counsel the marriage of the accused and the deceased Sravani was performed in the year 1999 and after that they are living happily and blessed with two children and they are aged bout 11 years and 14 years respectively, so that it is clear that after the marriage they lived together and lead marital life and so also they are looking after the welfare of the children and the children are grown up and aged about 11 years and 14 years respectively and, the evidence on record i.e., the evidence of D.W.1 and marked document Ex.D1 undertaking and assurance letter executed by the deceased Sravani proved the fact that while the accused and the deceased were living at Buchireddypalem village in the year 2002, the deceased Sravani has made an attempt to commit suicide due to her innocence and without the knowledge of consequence of suicide, so that the mentality of the deceased Sravani is weak n nature and she was sensitive and so also she had made an attempt to commit suicide without any proper reason and cause, so that in this back ground the mental tendency and nature of deceased Sravani shall be taken into consideration in respect of suicide by her on 2632013, because as per the prosecution version on 2432013 the accused beat the deceased 16
Sravani at his house at Chandragiri, after that she informed the same to
P.W.1, then P.W.1 went to Chandragiri and brought the deceased
Sravani to her house, after that the accused came to the village of
P.W.1 on 2632013 and raised galata with his wife Sravani, after that she committed suicide as the accused abetted her to commit suicide. In this case as contended by the defence counsel there is no cogent evidence to prove the fact that the accused abetted the deceased
Sravani to commit suicide and there is no whisper of any material that the accused abetting the deceased Sravani to commit suicide and the evidence on record is clear that immediately after the galata in between the accused and the deceased Sravani at the house of P.W.2, all of a sudden she rushed into the room and locked the door and committed suicide and the previous history of deceased Sravani as per Ex.D1 undertaking and assurance letter, it is clear that she is in the nature of lost control herself and made an attempt to commit suicide, so that such tendency and nature is on the part of the deceased Sravani. So that there is every possibility that the deceased Sravani lost her control and in a fit of anger she rushed into the room and committed suicide, so that merely because there is some galata due to the family disputes in between the accused and the deceased Sravani at the house of P.W.1, it is not a cause of any abetment of deceased Sravani to commit suicide and so also as contended by the defence counsel, absolutely there is no cogent evidence on record to show that during 17 the marital life in between the deceased Sravani and the accused there was any incidents of dowry harassment and demand of dowry and assault or beating of deceased Sravani by the accused. Absolutely there is no evidence to show that any mediations took place to settle the disputes in between the deceased Sravani and the accused in respect of the demand of dowry and any harassment by the accused.
Except the oral say of P.W.1, absolutely there is no evidence to show that since 1999 after the marriage there was any incident of assault or demand of dowry by the accused and threatended his wife to get any cash from her parents house and so also there is no evidence on record that when the accused demanded any amount, P.W.1 sent the amount from Kuwait or given the amount to the accused. Therefore, the oral say and bald statement of P.W.1 is not sufficient for consideration that the accused harassed the deceased Sravani with a demand to get
additional dowry or cash. Besides that as contended by the defence
counsel, there is no whisper of material that how much amount was demanded by the accused on 2432013 to get the amount from the mother of the deceased Sravani and P.Ws 1 and 2 have not stated anything how much amount was demanded by the accused to get same from P.W.1, so that it clearly shows that P.Ws 1 and 2 deposed evidence by way of bald statements with vague averments that the accused demanded some amount, assaulted the deceased Sravani and harassed her so that the alleged harassment as stated by P.Ws 1 and 2 18 is not supported with any evidence of neighbours of the locality or any family members or mediators who held mediations in between the accused and the deceased Sravani. Therefore, the alleged harassment of demand of dowry and so also the alleged harassment of getting some amount on 2432013 at the house of accused is not duly proved. If really such incident took place on 2432013 that the accused was indiscriminately beat and demanded the deceased Sravani to get any amount, the natural witnesses are the children of accused who were present in the house, but they were not examined by the prosecution so also they have not examined any neighbouring witnesses to prove that the accused harassed the deceased Sravani to get any amounts from her parents house. So that the alleged incident on 2432013 that the accused beat indiscriminately with a demand to get cash from P.W.1 is not duly proved and the evidence on record is proved the fact that
P.W.1 get back the deceased Sravani from the house of the accused by left her children in the house itself and on the next day the accused came to the village of P.W.1 and asked P.W.1 and asked his wife about her stay in the house of P.W.1, then some galata took place, immediately after the galata in a fit of anger the deceased Sravani committed suicide in the room by locked the door. Therefore, the prosecution failed to prove the alleged abetment on the part of the accused to commit suicide by deceased Sravani and so also absolutely there is no cogent evidence on record to prove that the accused 19 demanded any additional dowry after the marriage in the year 1999 and the evidence on record proved the fact that after the marriage in the year 1999 the accused and deceased Sravani were living together and lead marital life and blessed with two children and during their marital life on one occasion, the deceased Sravani made an attempt to commit suicide, at that time the family elders have taken an assurance letter from Sravani that she will never commit any such suicide attempts, to that effect she executed a letter of undertaking Ex.D1.
Therefore, the facts and circumstances is clear that the deceased
Sravani is a weakmind person and in a fit of anger due to some family disputes in between the accused and the deceased Sravani, all of a sudden she committed suicide. Therefore the prosecution failed to prove that the accused abetted the deceased Sravani to commit suicide. Therefore the prosecution failed to prove the charge under
Section 306 of the Indian Penal Code and so also there is no cogent evidence to prove that the accused demanded any additional dowry or any amount from the parents of deceased Sravani after his marriage so that the alleged harassment for dowry is also not duly proved and the accused is not liable for the alleged offence under Section 498A of the
Indian Penal Code and the alleged offence under Sections 3 and 4 of the Dowry Prohibition Act, after 15 years of the marriage of the accused with the deceased Sravani is not tenable, because if any demand of dowry is made immediately after the marriage or at the 20 time of the marriage it can be taken into consideration, but in this case after 15 years of the marriage the allegations of demand of dowry and taking of dowry by the accused is highly improbable and it is not conveniencing. Therefore, the prosecution failed to prove the ingredients of Section 3 and 4 of the Dowry Prohibition Act. Therefore, the accused is entitled for acquittal.
12. In the result, the accused is not found guilty for the charged offence under Sections 498A and 306 of the Indian Penal Code and under Section 3 and 4 of the Dowry Prohibition Act and accordingly he is acquitted under Section 235 (1) Cr.P.C. The bail bonds of the accused shall stand cancelled after 6 months from the date of
Judgment, in view of the New Amendment Act under Section 437A
Cr.P.C.
13. M.Os.1 to 4 shall be destroyed, after expiry of appeal time.
Dictated to the Senior Assistant, transcribed by him, corrected
and pronounced by me in open court, this the 12th day of May, 2015.
Principal Assistant Sessions Judge,
Tirupati .
Appendix of evidence
Witnesses examined:
For Prosecution: For Defence:
P.W.1: N. Krishna Kumari. D.W.1 P. Venugopal Rao.
P.W.2: R. Thulasi.
P.W.3: R. Devarajulu.
P.W.4: M. Nirmala.
P.W.5: K. GangaPrasad.
P.W.6: T. Kalavathi.
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P.W.7: G. Mahesh.
P.W.8: P. Ram Babu
P.W.9: A. Raja.
P.W.10: Dr. S. Venkateswarulu.
P.W.11: M. Srikanth. (CI of Police)
Exhibits marked:
For Prosecution: For defence:
Ex.P.1: Report. Ex.D1: Undertaking letter.
Ex.P.2: Inquest report. Dt. 12062012.
Ex.P.3: Requisition.
Ex.P.4 : Postmortem Certificate.
Ex.P.5 : FIR in Cr.No.111/2013 of Alipiri P.S,
Ex.P.6 : Scene observation Mahazar, dated 2732013
Ex.P.7 : Police Proceedings dated 27032013
Ex.P.8 : Rough sketch of the scene of offence.
Material objects:
M.O.1: Green colour polister Sari.
M.O.2 Blue, white, Red, flower design Sari.
M.O.3 Black colour jacket.
M.O.4 White pettycoat.
P.A.S.J., TPT.
GD.,
Fair Judgment in S.C.No.200 of 2014,
Dated 12052015.
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IN THE COURT OF THE PRINCIPAL ASSISTANT SESSIONS
JUDGE:TIRUPATI.
Sessions Case No.31 of 2014
PRC No.30/2013 on the file of IV Addl.JFCM, Tirupati Crime No.341/2013 of Alipiri Police Station, Tirupati.
CALENDAR AND JUDGMENT
District of Chittoor.
Sessions Case tried by the Principal Assistant Sessions Judge, Tirupati.
Date of offence:21092013
Date of Report or 21092013
Complaint: Date of apprehension of 30122013 accused: Date of taken on file19122013
Date of commencement of 01122014 trial: Date of close of trial:03122014
Date of Sentence or Order:19122014
Explanation for the delay: The case was made over to this court by the District & Sessions Judge, Chittoor, and received in this court on 15022014. Charges were framed on 21112014. Trial commenced on 01122014 and closed on 03122014. Arguments heard on 15122014. Judgment pronounced on 23 19122014. Hence, there is no avoidable delay.
Complainant:SubInspector of Police, Alipiri Police station, Tirupati.
Crime No:341/2013 of Alipiri Police Station, Tirupati.
Name of the accused :Pallamala Masthanaiah, age 31 years, Son of P. Sundaram, D.No.410, BTR Colony, Mangalam, Tirupati. Hindu. Coolie.
Offence:Under Section 498A and 306 IPC
Plea of accused:Not guilty
Finding:Not Guilty.
Sentence or Order In the result, the accused is not found guilty for the charged offence under
Sections 498A and 306 IPC and accordingly he is acquitted under
Section 235 (1) Cr.P.C. The bail bonds of the accused shall stand cancelled after 6 months from the date of Judgment, in view of the New Amendment Act under
Section 437A Cr.P.C. M.Os.1 to 13 shall be destroyed, after expiry of appeal time.
Principal Assistant Sessions Judge,
Tirupati.
Copy to
The Hon'ble District and Sessions Judge, Chittoor.
The Superintendent of Police, Tirupati Urban District, Tirupati.
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The IV Additional Judicial First Class Magistrate, Tirupati.
Fair Judgment in S.C.No.31 of 2014,
Dated 19122014