29.04.20261SC.No.155 of 2021
IN THE COURT OF THE ADDITIONAL ASSISTANT SESSIONS JUDGE
AT NALGONDA
Present:- Dr. Pramila Jain,
Additional Assistant Sessions Judge,
Nalgonda, (Wednesday, this the 29th day of April, 2026)
S.C. No. 155 of 2021
(On committal by the Learned Judicial Magistrate of First Class Spl.Mobile Court at Nalgonda, by order, dated: 09.04.2021 in P.R.C.No.61/2020 in Cr.No.57/2020 of P.S. Thipparthy).
Name of ComplainantThe Sub-Inspector of Police, P.S. Thipparthy Name of accusedA1. Kodidala Renuka, W/o Mallesh, Age: 26 years, Occu: Coolie, R/o Mamidala Village of Thipparthy Mandal. A2. Alakuntla Venkatamma, W/o Yellaiah, Age: 46 years, Occu: Coolie, R/o Mangalapalli Village of Nakrekal Mandal. A3. Alakuntla Yellaiah, S/o Buchaiah, Age: 50 years, Occu: Coolie, R/o Mangalapalli Village of Nakrekal Mandal. A4. Alakuntla Dhanamma, W/o Venkanna, Age: 42 years,Occu: Coolie, R/o Nakrekal Village and Mandal. Nature of OffenceU/sec. 306 r/w 34 IPC. Plea of accusedNot guilty Finding of the CourtNot guilty
Sentence /OrderIN THE RESULT, Accused A1 to A4 are found not guilty for the offence punishable under Section 306 r/w 34 of Indian Penal Code and as such, they is acquitted for the same under Section 235(1) of Cr.P.C. The bail bonds of accused persons shall stand cancelled after expiry of appeal period. The case property MO-1 i.e., One Saree deposited before this court vide CP.No.6/2026 shall be destroyed after expiry of appeal period. Counsel for the Addl. P.P. prosecution Counsel for defenceSri. T.Venkateshwarlu, Advocate 29.04.20262SC.No.155 of 2021
This case is coming on this day before me for final disposal in the presence of Additional Public Prosecutor for the Prosecution and of Sri.
T.Venkateshwarlu Counsel for the accused; and upon perusing the material papers on record, and having stood over for consideration till this day, this court delivered the following:-
J U D G M E N T
1.The Sub Inspector of Police, Police Station, Thipparthy filed charge-sheet against the Accused for the offenses punishable under
Section 306 r/w 34 IPC in Cr.No.57/2020 of P.S. Thipparthy.
Brief facts of the case of prosecution as stated as follows:- 2. On 27-05-2020 the complainant Smt.Kodidala Premalatha W/o
Suresh came to police station and lodged a Telugu written complaint in which she stated that, her marriage solemnized with one Suresh about 4 years ago, her brother in law marriage was done with one Renuka R/o:
Mangalapalli village of Nakrekal mandal. They all are residing separately in their own house. A family dispute between her and her co-sister
Kodidala Renuka. In the month of April-2020, her co-sister quarreling with her and her husband and in laws i.e., Ravindhar, Laxmamma and beat with slipper by abusing in most filthy language. In this connection they placed the matter before the elders and ask to her as to why abuse to them. Keeping the same in mind, the said Renuka filed a complaint against them in Nakrekal Police station, as such they made phone call to her husband and called to police station. Then, she along with her 29.04.20263SC.No.155 of 2021 husband and in laws went to police station and told the facts to police as per their advise, they went out from the police station and while discussing with said Renuka. Then, the said Renuka, her mother
Venkatamma, father Yellaiah, their relatives Alakuntla Dhanamma,
Alakuntla Parvathamma were beat to her husband and in laws. On 26.05.2020 evening at about 05:00 hrs her husband commit suicide by hanging due to harassement of her co-sister. Hence, the complainant requested to take legal action against aforesaid 5 persons and to do justice.
3.Basing on the contents of above complainant, the LW15 has registered a case vide Cr.No. 57/2020 U/sec 306 r/w 34 IPC and took up the investigation. During the course of investigation, LW15 have prepared and dispatched FIRs to concerned officers as well as Hon’ble court infavour of information, examined and recorded the statement of complainant as LW1 in detail in CD part-II at Police station. Later visited scene of offence i.e., at the house of LW1 vide house bearing no.1-89 situated Mamidala village of Thipparthy mandal, observed the scene minutely, conducted scene of offence panchanama in the presence of mediators viz Lws 11 & 12 and their presence seized hanging rope i.e.,
Saree duly affixing punch chits. Later, rushed to the mortuary of
Dist.Hqrs Hospital, Nalgonda whereas dead body of deceased was kept, observed the body minutely, held inquest over the dead body of deceased in the presence of mediators viz Lws 11 & 12 and subjected to the body 29.04.20264SC.No.155 of 2021 for PME. Accordingly, LW13 has conducted PME over the dead body of deceased and same was obtained after PME, dead body of deceased has been handed over to the LW1 for last rites. During the inquest, LW15 have examined and recorded the statements of Lws 2 to 7 in detail in CD part-II. On 19-10-2020 served notice U/s 91 Cr.P.C to the SHO,
Nakrekal with request to furnish original petition of Kodidala Renuka
W/o Mallesh at Mangalapalli village of Nakrekal mandal who filed against
Kodidala Suresh and his family members for part of investigation and obtained same. On 20.10.2020 the LW15 has visited Mimadala and
Nakrekal, whereas examined and recorded the statements of Lws 8 to 10 in detail in CD part-II at their respective houses. As per the statements of
Lws 8 to 10, the involvement of the so called accused A5 is not proved, as such LW15 have sent a requisition to the kind SDPO Nalgonda, seeking permission to delete the names of the said so called accused person from the charge sheet and obtained deleation permission from kind SDPO Nalgonda vide Cr.No.548/Proc/SDPO-N/2020, Dated: 27-10- 2020. The accused A1 to A4 arrested and sent to judicial remand on various dates i.e., on 18-09-2020, 23.09.2020, 03.10.2020. Further,
LW15 have addressed a letter to JFCM (Spl Mobile) court at Nalgonda with request to conduct 164 Cr.P.C statement of LW1. Accordingly, LW14 recorded 164 Cr.P.C statement of LW1 and obtained court attested copies. After collection of investigation, the LW15 has filed Charge sheet 29.04.20265SC.No.155 of 2021 in the present case.
4.On filing the charge sheet, the learned Judicial Magistrate of First
Class(Spl Mobile Court) Nalgonda took the cognizance of the offence on file under Section 306 r/w 34 of Indian Penal Code was taken against the Accused and furnished the copies of case documents to them under
Section 207 of Cr.P.C and committed the case to the Hon’ble Court of
Sessions, Nalgonda vide P.R.C. No.61/2020. The Hon’ble Court of
Sessions, Nalgonda made over the case to this court to dispose according
to Law vide SC No.155/2021.
5.On appearance of accused before this Court, charges for the offence punishable under Section 306 r/w 34 of Indian Penal Code are framed against them, the contents of the same were read over and explained to them in their vernacular language. Accused denied the accusations leveled against them, pleaded not guilty and claimed to be tried.
6.During the course of trial on behalf of prosecution, PW1 to PW6 were examined and Ex.P1 to Ex.P10 and MO-1.
7.After closing the prosecution evidence, Accused A1 to A4 wereexamined under Section 313 of Cr.P.C on the incriminating material and circumstances appearing against them in the evidence of prosecution witnesses. Accused denied the same and reported no defense evidence on their behalf.
29.04.20266SC.No.155 of 2021 8.Heard arguments from both side.
9. Now the point for determination is:
“Whether the prosecution has proved the guilt of Accused for the offenses punishable under Section 306 r/w 34 of Indian Penal Code beyond all reasonable doubts?”
POINT:
10. In this case prosecution examined PW1 to PW6, marked Ex.P1 to
Ex.P10 and MO-1. PW1 is Kodidala Srinu/Circumstantial witness, PW2 is V.Railaiah/Panchayath Elder, PW3 is R.Bixam/Panchayath Elder,
PW4 is S.Venkanna/Panch for scene of offence cum inquest panchanama, PW5 is Dr.K.Krishna Murthy/Conducted PME and furnished report, PW6 is G.Satyanarayana/Investigating Officer & filed the charge sheet. The Learned Additional Public Prosecutor has given up the evidence of LW2, LW6, LW7, LW10, LW12, LW14. The evidence of LW1, 3, 4 is closed by this court on 11.09.2025 as the prosecution failed to produce witness before the court inspite of several adjournments as well as conditional order in the Crl.MP.No.14 of 2025 which was allowed on 04-09-2025. Ex.P1 is Sec.161 Cr.P.C statement of
PW1, Ex.P2 is Sec.161 Cr.P.C statement of PW3, Ex.P3 is Scene of offence cum seizure panchanama, Ex.P4 is Rough sketch, Ex.P5 is
Inquest panchanama, Ex.P6 is PME report, Ex.P7 is Police report,
Ex.P8 is F.I.R, Ex.P9 is Requisition letter to SDPO, Ex.P10 is 164 29.04.20267SC.No.155 of 2021 statement of LW1. MO-1 is Saree.
11.Upon considering the evidence of PW1, PW1 deposed that,
Deceased(husband of LW1) died at about 6 years back by hanging himself with Saree as the accused A1 filed the case against the deceased with regard to the dispute relating to Joint washroom between them.
Deceased hand himself due to the fear of case filed by A1. The deceased is having one daughter. Police examined and recorded his statement.
12. On considering the evidence of PW2 & PW3/Panchayath elders deposed that, they don’t know anything about this case, they never acted as panchayath elders in the present case. Police did not examined and recorded their statement and turned hostile and did not supported the case of the prosecution, whereas the cross of PW2 & PW3 reported nil by the defense counsel.
13. On considering the evidence of PW4/Panch witness deposed that,
At about 6 years back police called PW4 to the house of deceased at about 10:00 AM and conducted the scene of offence panchaama and also drawn rough sketch, PW4 know the contents of the scene of offence panchanama as the Police read over its contents to him and after he signed on it and the Police seized one silk Saree from the scene. Witness identified the Saree before the court, hence marked as MO-1 and the same was deposited vide C.P.No. 6 of 2026. Police also called PW4 to the
Govt.Hospital and conducted the Inquest over the dead body of the 29.04.20268SC.No.155 of 2021 deceased namely Suresh. He has observed the black mark over the neck of the deceased as the deceased committed suicide by hanging with the
Saree. PW4 know the contents of Inquest panchanama and after that he has signed on it. Ex.P5 is Inquest panchanama, dt: 27.05.2020.
14. On considering the evidence of PW5/Medical officer deposed that,
On 27.05.2020 he received a requisition from SHO Thipparthy P.S at about 01:15 PM for conducting autopsy over the dead body of deceased by name Kodadala Suresh, Age: 25 yrs as such he commenced autopsy over the dead body at about 01:30 PM on the same day and found the following injuries: 1). Anti mortem reddish brown ligature mark of 16 cm with a width of 1 cm, obliquely placed infront of the neck and above the level of thyroid cartilage, running upwords and backwards with a gap of 15 cm present over the nape of the neck and outerside of right side of neck, margins are irregular contused and abraded, base of the ligature mark is parchmentised. The underlying soft tissues above and below the ligature mark are contused. The hyoid bone and thyroid cartilage are intact. 2). Therapetic incised wound of size 2cm x 0.5 cm x skin deep present over right axilla. He has concluded autopsy at about 02:30 PM.
The cause of death to the best of his knowledge and belief is hanging.
Accoridngly PW5 issued PME report.
15. On perusal of evidence of PW6 who is Investigating Officer who investigate the matter and filed the charge sheet in the present case 29.04.20269SC.No.155 of 2021 deposed that, On 27.05.2020 at 09:00 hrs, PW6 received a complaint from PW1, basing on the same he registered a case in Cr.No. 57/2020 u/s 306 r/w 34 IPC and issued FIR.Later he has recorded the statement of LW1. Later on visited to the scene of offence situated at Mamidala
Village and seized one Saree (MO-1) in the presence of mediators under the cover of scene cum seizure panchanama dated: 27-05-2020(Ex.P3).
PW6 has shifted the dead body to the hospital and conducted inquest over the dead body of deceased in the presence of mediators. On 19-09- 2020 PW6 has served notices u/s 41 Cr.p.c to the SHO Nakrekal with request to furnish the original petition of Kodidala Renuka who filed the petition Kodidala Suresh and his family for part of investigation and obtained the same. Later on 20.10.2020 he examined the recorded the statement of Lws 8 to 10 from the statements of witnesses the involvment of A5 is not proved as such he has sent a requisition to SDPO and obtained the same vide C.No.548/proc/SDPO-N/2020, Dt: 27-10- 2020 and the said proceedings is marked as Ex.P9.Later on PW6 affected the arrest of the A1 & A2 and produced before the court for judicial custody. Later addressed a letter to LW14 with a request to record the 164 statement of LW1 and accordingly recorded the same and obtained from the court. Ex.P10 is 164 statement of LW1. After collection of PME report and completion of investigation PW6 has filed the charge sheet against the Accused u/s 306 r/w 34 IPC. During the course of cross examination by the learned counsel PW6 admitted that PW6 don’t 29.04.202610SC.No.155 of 2021 have any idea whether PW6 received any complaint with regard to the dispute occurred between defacto complainant and accused and further denied all the suggestions.
16. As seen from the evidence available in the record, as per the evidence of PW1 deceased died 6 years back by hanging himself with a
Saree as the accused A1 filed the case against the deceased with regard to the disputes relating to the joint washroom between them but whereas as per the prosecution case there is a family disputes between the accused and deceased and in the month of April 2020, the accused A1 quarreled with her and her husband and in laws and beat with slipper by abusing in most filthy language which does not reveal about the disputes relating to the washroom as stated by the PW1. Further as per the evidence of PW1 deceased hanged himself due to the fear of the case filed by A1 but whereas the case of the prosecution after the filing of the complaint by A1 the accused called the deceased and her husband in
Nakrekal police station accordingly they went to the police station and as per police advice they went out from the police station and while discussing with the Accused, the accused, her mother, father/Yellaiah and their relatives Alakuntla Dhanamma, Alakuntla Parvathamma were bet to her husband and in laws which is not stated by the PW1 in his evidence. Moreover prosecution failed to examine the LW1 who is crucial witness in the present case. Further the LW2 who is eye witness in the 29.04.202611SC.No.155 of 2021 present case was died during the pendency of the case. Furthermore the
PW2 & 3 who are the panchayath elders in the present case turned hostile and did not supported the case of the prosecution further, during the course of their cross examination by the learned Additional Public
Prosecutor nothing incriminating evidence was elicited in support of the case of the prosecution as such the evidence of PW1 is not sufficient to bring home the guilt of the accused between reasonable doubt in absence of any corroborating evidence. Further on considering the evidence of
PW5 which shows that the PW5 conducted the autopsy over the dead body of the deceased and issued PME which only proves the death of the deceased which is not at all a question before the court. Further on considering the evidence of PW6 who is Investigating officer deposed in his evidence that PW6 visited the scene of offence situated at Mamidala
Village and seized one Saree (MO-1) in the presence of mediators under the cover of scene cum seizure panchanama, dt: 27.05.2020 and the same was deposed by the PW4 who is one of the mediators in the scene of offence cum seizure panchanama which only proves that PW6 visited the scene of offence and seized MO-1 from the scene. Further on considering the evidence of PW6, the PW6 shifted the dead body to the hospital and conducted inquest over the dead body of deceased in the presence of mediators and the same was deposed by PW4 which again proves that the death of the deceased which is not at all a question
before the court of law. Further except reiterating the averments of the
29.04.202612SC.No.155 of 2021 charge sheet nothing much incriminating evidence is elicited from the evidence of PW6 as such the evidence of PW6 is of nominal importance.
17.In view of the above discussion, this Court is of the opinion that there is no convincing evidence to bring home the guilt of Accused, hence it can be said that the prosecution miserably failed to prove the charges under Section 306 r/w 34 of Indian Penal Code against the
Accused A1 to A4 beyond all reasonable doubts. In the absence of any corroborating evidence against Accused A1 to A4, the Accused A1 to A4 cannot be convicted. Hence Accused A1 to A4 are entitled for acquittal.
Therefore, this point is answered accordingly.
18.IN THE RESULT, Accused A1 to A4 are found not guilty for the offence punishable under Section 306 r/w 34 of Indian Penal Code and as such, they is acquitted for the same under Section 235(1) of Cr.P.C.
The bail bonds of accused persons shall stand cancelled after expiry of appeal period. The case property MO-1 i.e., One Saree deposited before this court vide CP.No.6/2026 shall be destroyed after expiry of appeal period.
Typed to my dictation by the Stenographer Grade-III, corrected and
pronounced by me in the open Court on this the 29 th day of April, 2026
Sd/-
Addl. Assistant Sessions Judge, Nalgonda 29.04.202613SC.No.155 of 2021
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:
PW1 is Kodidala Srinu/Circumstantial witness,
PW2 is V.Railaiah/Panchayath Elder,
PW3 is R.Bixam/Panchayath Elder,
PW4 is S.Venkanna/Panch for scene of offence cum inquest panchanama
PW5 is Dr.K.Krishna Murthy/Conducted PME and furnished report,
PW6 is G.Satyanarayana/Investigating Officer & filed the charge sheet.
FOR DEFENCE
-None-
EXHIBITS M ARKED
FOR PROSECUTION: -
Ex.P1 is Sec.161 Cr.P.C statement of PW1, Ex.P2 is Sec.161 Cr.P.C statement of PW3, Ex.P3 is Scene of offence cum seizure panchanama, Ex.P4 is Rough sketch, Ex.P5 is Inquest panchanama, Ex.P6 is PME report, Ex.P7 is Police report, Ex.P8 is F.I.R, Ex.P9 is Requisition letter to SDPO, Ex.P10 is 164 statement of LW1.
FOR DEFENCE :
MO-1 is Saree
Sd/-
Addl. Assistant Sessions Judge, Nalgonda 29.04.202614SC.No.155 of 2021
IN THE COURT OF THE ASSISTANT SESSIONS JUDGE AT NALGONDA.
CALENDAR AND JUDGMENT
S.C.No. 155 of 2021
1.Date of offence:26.05.2020
2.Date of complaint:27.05.2020
3.Date of appearance of accused:18.09.2020
4.Committal order: 09.04.2021
5.Date of commencement of trial:26.02.2026
6.Date of closure of trial:16.04.2026
7.Date of Judgment:29.04.2026
8.Explanation if delay if any:--
9.Complainant: The State of Telangana through Sub-Inspector of Police, Thipparthy.
10.Accused: A1. Kodidala Renuka, W/o Mallesh, Age: 26 years, Caste: Waddera, Occu: Coolie, R/o Mamidala Village of Thipparthy Mandal. A2. Alakuntla Venkatamma, W/o Yellaiah, Age: 46 years, Caste: Waddera, Occu: Coolie, R/o Mangalapalli Village of Nakrekal Mandal. A3. Alakuntla Yellaiah, S/o Buchaiah, Age: 50 years, Caste: Waddera, Occu: Coolie, R/o Mangalapalli Village of Nakrekal Mandal. A4. Alakuntla Dhanamma, W/o Venkanna, Age: 42 years, Caste: Waddera, Occu: Coolie, R/o Nakrekal Village and Mandal.
11. Offence: U/sec. 306 r/w 34 of IPC.
12Finding of Court: Found not Guilty
13. Sentence/order:
IN THE RESULT, Accused A1 to A4 are found not guilty for the offence punishable under Section 306 r/w 34 of Indian Penal Code and as such, they is acquitted for the same under Section 235(1) of Cr.P.C. The bail bonds of accused persons shall stand cancelled after expiry of appeal period. The case property MO-1 i.e., One Saree deposited before this court vide CP.No.6/2026 shall be destroyed after expiry of appeal period.
Sd/-
Addl. Assistant Sessions Judge, Nalgonda