S.C.No.301/2023 1 ASJ, Allagadda
APKU0A0002092023
IN THE COURT OF ASSISTANT SESSIONS JUDGE, ALLAGADDA.
Present:- Smt. S. Sailaja, Assistant Sessions Judge, Allagadda.
Thursday, the 23 rd day of April, 2026.
Sessions Case No.301 of 2023
State represented by Sub Inspector of Police, Gospadu Police Station.… Complainant
Versus
Derangula Moulali, age 50 years, S/o Late Narayana, native of Bhanumukkala Village, Pamulapadu Mandal, now residing at Sramadanam Bridge, Teachers Colony, Saibabanagar, Nandyal Town. … Accused This Sessions case is coming up on 17.04.2026 before me for final hearing in the presence of Additional Public Prosecutor for the State/ Complainant, and of Sri M. Venkateswarudu, Advocate for the Accused, upon hearing the arguments on both sides, having perused the material on record, and the matter having stood over for consideration till this day, this Court delivered the following:-
J U D G M E N T
1.This Sessions Case, arises out of P.R.C.No.8 of 2022, on the file of the Court of the Judicial Magistrate of First Class, Allagadda in Cr.No.2 of 2021 of Gospadu Police Station, under Section 306 of I.P.C., which has been committed to the Court of Sessions by virtue of Orders, dated 22.03.2022 by the learned Judicial Magistrate of First Class, Allagadda against the Accused.
2. The brief averments of the charge sheet are as follows:
The Defacto Complainant/LW1 [Pallapu Lakshmanna] is resident of
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Yallaur village, Gospadu Mandal. The Deceased Naga Lakshmi is elder sister of LW1. One Sivaiah is the husband of the Deceased and he got separated from her and married another woman. In this process, Accused got acquaintance and maintained physical relationship with the Deceased Naga
Lakshmi. The Deceased Naga Lakshmi was residing in Gangula Colony,
Yallur village, Gospadu Mandal and Accused also residing with her. The
Deceased having 5 thulas Gold, 3 cents vacant site in Raithu Nagar, and cash of Rs.60,000/-. Prior to the death of the Deceased revealed her painful, about the persecution of Accused, as he was asking her money, Gold and also 3 cents plot site, if she did not give, he will see her end. On 02.01.2021 afternoon at about 2.00 PM, Accused telephoned him and informed that his sister health is in serious condition, and to take her to Hospital. For that,
LWs.1, 2, and 5 went to the house of Deceased, and found that his sister
Naga Lakshmi was in unconscious and semi naked stage having only blouse and petticoat on her body, and also contusion injuries were found on her throat and neck. Then he shifted her to Govt. Hospital, Nandyal. With regard to the situation of the Deceased, the Accused informed LW1 over phone that she consumed poison. Then Doctors examined the Deceased and referred to
Kurnool as her health was in serious condition, then he shifted the Deceased to Medicover Hospital in Kurnool, there unable to spend the hospital expanses, he shifted his sister to Govt. Hospital Kurnool for taking better treatment. On 07.01.2021 morning at 06.30 AM, the Deceased Nagalakshmi died while undergoing treatment in GGH Kurnool. He suspected over the death of the Deceased Nagalakshmi, and that he enquired in his village, where his villagers informed him that on 02.01.2021 afternoon Accused was quarreling with Nagalakshmi to give money, Gold ornaments and also 3 cents site. At about 2.00 PM, Accused went out from the house of Nagalakshmi in confusing and panic mind. So, he suspect over the death of his sister namely
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Nagalakshmi, as the facts over the death of Deceased were not known.
Basing on the written report of Pallapu Lakshmanna (LW1), a case in
Cr.No.2/2021 U/s.174 Cr.P.C. (Suspicious death) of Gospadu P.S. was registered by the ASI/LW17 and investigated into. During the course of investigation, on 08.01.2021 the SI/LW18 conducted inquest over the dead body of the Deceased Nagalakshmi in the presence of LWs.1 to 3 and
Panchayatdars (LWs.9 to 11), and found 1) a blackish contusion injury on the neck of the Deceased, 2) a blackish contusion injury on right jaw of the
Deceased and 3) one half circle ligature mark on throat of the Deceased, and examined the witnesses and recorded their statements. LW18 visited the scene of offence and prepared observation Panchanama and seized three pieces of hanging Sarry in the presence of panchayatdars (LWs.12 & 13) and recorded their statements. As per the version of LWs.1 to 8, LW18/S.I. altered section of law from Sec.174 Cr.P.C. to Sec.306 IPC. On 11.01.2021 at 11.45
AM, LW18 arrested the Accused near Banaganapalle turning in Pasurapadu village, Gospadu Mandal, and sent him for judicial custody. LW16/Dr.R.
Shankar, Professor of Forensic Medicine, Kurnool Medical College, Kurnool who opined that the Deceased Manjula Nagalakshmi was died due to
Asphyxia resulting from Ante Mortem hanging. Hence the charge.
3.The Judicial Magistrate of I Class, Allagadda has taken this case on file under Section 306 of IPC against the Accused. On appearance of
Accused, copies of documents were furnished to him.
4.As the offence under Section 306 of IPC is exclusively triable by the Court of Sessions, the Judicial Magistrate of I Class, Allagadda committed this case to the Hon’ble Principal District & Sessions Judge, Kurnool
U/Sec.209 of Cr.P.C., in turn the Hon'ble Principal District & Sessions Judge,
Kurnool made over this case to this court for disposal according to law.
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5.On appearance of the Accused, he was examined U/Sec.228 of
Cr.P.C., and on hearing prosecution and defence, Charge under Sec.306 of
IPC against the Accused is framed, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.
6.To prove its case the prosecution has examined PWs1 to PW9 and got marked Exs.P1 to P12 and MO.1 marked. The prosecution has given up the evidences of LW5/Pallapu Lakshmi Devi, LW6/Gogula Lakshmi Devi,
LW7/Bekkam Ramachandra Reddy, LW8/Jetti Gokari, LW10/Bekkam
Siddigari Venkateswara Reddy, LW11/Kunchepu Lakshmi Devi, LW12/Gogula
Chinna Venkata Subbaiah, LW14/Talari Kambagir, and LW2/Pallapu
Thimmalamma (died), and hence their evidences were closed. Prosecution evidence closed.
7.After closure of the prosecution evidence, the Accused was examined under Sec.313 Cr.P.C by explaining the incriminating material appearing against him in the evidence of prosecution witnesses, for which he denied the same as false and reported no defence evidence on his behalf.
8.Heard arguments on both sides.
9.Now the point that arises for consideration is that:
Whether the prosecution has proved the guilt of the Accused for
offence punishable under Section 306 of Indian Penal code beyond all
reasonable doubt?
10. POINT:-
To prove the guilt of the Accused, prosecution has examined
LW1/Pallapu Lakshmanna who said to have lodged report to the police as
PW1; LW3/Pallapu Subbarayudu, LW4/Battula Madhavi who knows the facts of suicide examined as PW2 and PW3, LW9/Bekkam Nageswara Reddy, who
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is Inquest Panch witness as PW.4, LW13/Challa Venkateswarlu, who is Scene
Observation Panch witness as PW.5, LW15/Dudekula Babaiah, who is Arrest
Panch witness as PW.6, LW16/Dr.R.Shankar, who is Doctor conducting Post
Mortem as PW.7, and LW17/A.S.I. of Police who Registered the case as
PW8, and LW18/S.I. of Police who arrested the Accused as PW9, and marked
Ex.P1 to P12 and MO.1.
11. EVIDENCE OF PW 1: Complainant
As seen from the evidence of PW1 he deposed thatDeceased Naga
Lakshmi is his elder sister. Her husband was no more. On 20-07-2021 his elder sister taken poison tablets and hanged. They shifted his elder sister
GGH, Kurnool and she was died. He gave report before police. Ex.P1 is report of PW1. He don't remember contents of report. Police conducted inquest over dead body of Deceased Naga Lakshmi. He know contents of inquest report.
During cross examination, PW1 deposed that Deceased Naga Lakshmi got marry and she had one daughter. Deceased Naga Lakshmi husband is alive. And that Deceased Naga Lakshmi performed her daughter's marriage.
And that Deceased Naga Lakshmi died due to her ill health. Husband of
Deceased Naga Lakshmi did not to gave report before police about death of
Deceased Naga Lakshmi and also he did not come to see his wife. His house is situated far away from house of accused. He denied the suggestions that he was deposing false and Accused no way connected to death of his sister.
12. EVIDENCES OF PWs2, & 3 WHO ARE KNOWN THE FACTS:
[a].PW2 who is Father of Deceased Naga Lakshmi, deposed that his daughter was died at Kurnool, and that he does not know how she was died, and that he does not know facts of the case. He completely turned hostile to the case of prosecution, and hence the learned APP treated him as hostile,
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and his Sec.161(3) cr.P.C. Cr.P.C. statement was marked as Ex.P2.
[b].PW3 who is Daughter of Deceased Naga Lakshmi, deposed that
Deceased Naga Lakshmi was her mother. Her father left them. Her mother was stayed some time in Kuwit and residing at Yallur village. Her marriage was performed by her mother and her grand parent. Her mother and Accused are living together in one roof and are in living relationship. Her mother informed to her through phone that she purchased landed property and also got gold ornaments and Accused forced her to give said gold ornaments and execute document in his favour. Her mother also informed the same to her grand parents. She asked Accused about "why you forced my mother for giving landed property and gold ornaments". Her mother informed to her that
Accused forced her and if she did not give gold ornaments and landed property to Accused and Accused also stated if not give "to commit suicide".
About 4 to 5 years back in the month of January PW1 telephoned to her and informed that her mother was died by hanging, and also informed her said fact stated by Accused to him and come to Government Hospital. She went to
GGH, Nandyal and observe her mother, she got black marks on her neck and she is not in conscious state. The doctors advised her to took her to GGH,
Kurnool for better treatment. They shifted her mother to private Medicare
Hospital kurnool then shifted to GGH, Kurnool. As she has no capacity to treat her in private hospital. Subsequently she died. The reason for death of her mother is Accused forced her mother to comit suicide.
During cross examination, PW3 deposed that her marriage performed after her mother came from Kuwait. Her mother and grand parents spend amount in her marriage. Her father was alive. She has not filed any proof to show her mother was living with Accused. Accused is having wife and children. Her mother was not conscious state when she saw her. And that she
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was not filed any record to show her mother had gold ornaments and landed properties. Witness voluntaries said record kept by Accused. No compliant lodge against Accused when he harassed her mother. She denied the suggestions that Accused is no way connected to the death of her mother.
And that her mother, her self commit suicide by hanging.
13. EVIDENCES OF PWs.4 to 6/Panchayatdars:
[a].The evidence of PW.4 who acted as panch witness at the time of
Inquest over the dead body of Deceased, he deposed that at about 4 years one day, Police called him to act as panchayatdar for inquest, When he was present in the hospital. Police conducted inquest over the dead body of
Deceased Naga Lakshmi in his presence and LW10, and some others. Police prepared inquest report and he signed inquest report on it. Ex.P3 is inquest report dated 8-01-2021.
During cross examination, PW4 deposed that he does not know contents of Inquest Report, and that he does not know Accused.
[b].The evidence of PW.5 who acted as panch witness at the time of
Scene Observation, he deposed that Police called him and LW12 and obtained their signatures in types papers, and that Police observed the scene in their presence, and that Police never seized Saree piece in their presence.
His signature on scene observation cum seizure panchanama dt.08-01-2021 at 16.00 hrs was marked as Ex.P.4. He completely turned hostile to the case of prosecution, and hence the learned APP treated him as hostile, [c]. The evidence of PW.6 who acted as panch witness at the time of
Arrest of Accused, he deposed that in the month of January 2021 year, when himself, LW14 are present in the MRO, office police called him to the police station and request him to act as panchayatdars. On that himself, LW14 and
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police are proceeded to Banaganapalle turning and one person standing there, on seeing police, he tried to ran away and police caught hold him and brought to SI of Police. And SI of police enquired him on that he revealed particulars, and confessed commission of offence. Panchanama was prepared there. Himself and LW14 singed in panchanama. He can identified the person who arrested by police. on seeing person who stand in public court is the person who arrested by police. Ex.P5 is confession cum arrest panchanama
dated 11-01-2021 at 10.30 AM.
During cross examination, PW6 deposed that Accused is not resident of
Yallur. The facts stated by him in my chief examination is stated by police.
Panchanama is typed one. He denied the suggestions that himself and LW14 are signed in police station. And that he don't know anything about the facts.
14. MEDICAL EVIDENCE – PW7 DOCTOR
The evidence of PW7 who Doctor conducted PME, he deposed that on 08.01.2021 he received requisition from SI of police, Gospadu P.S. to conduct autopsy over the dead body of Deceased Manjula Naga Lakshmi, W/o
Sivaiah. Autopsy commenced at 12.10 PM, during his examination he found
Ante Mortem external and internal injuries over female dead body. Injuries were mentioned detail in report. And other autopsy finds also described in
PME report. During autopsy he preserve viscera for chemical analysis to
RFSL, Kurnool. Autopsy concluded at 1.10 PM. The approximate time of death is Deceased died at Government General Hospital Kurnool casualty on 07-01-2021 at 6.36 AM with IP.No.383. Opinion regarding cause of death is reserved for want of viscera.He issued PME report. Ex.P6 is PME report
dated 8-01-2021. He received chemical analysis report from FSL Kurnool, it
reveals no poisonous substance in Deceased viscera. Basing on autopsic contents, and in the light of chemical analysis, he issued opinion regarding
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cause of death of Manjala Naga Lakshmi is died due asphyxia and resulting from antimortum hanging. Ex.P7 is opinion of PW7.
During cross examination, PW7 deposed that he denied the suggestion that cause of death of Deceased Manjula Naga Lakshmi by consuming poison.
15. EVIDENCE OF INVESTIGATING OFFICERS/PW8 & 9:
[a].The evidence of PW8 who registered the case, deposed that on 07.01.2021 at afternoon hours While he was present in police station as SHO.
he received death intimation from Kurnool police out post as female dead body found. On same day at 13.10. hours PW1 came to Police station and informed to him that there is suspicious death of his sister, And went away.
Again he came to police station at 18.00 hours and gave written report. Basing on said written report he registered a case in Cr.No.2/2021 under section 174
Cr.P.C Suspicious death. Ex. P7 is Original FIR. He submitted copies of the same to concerned PS. He has not taken further investigation due to late night. Next day he handed over CD file to SI of Police for further investigation.
During cross examination, he deposed that There is no particulars mentioned about name of Accused in Ex.P7. Witness voluntaries that since suspicious death. PW1 mentioned in his written report about suspicious on
Accused. He denied the suggestion that there is delay to registered case from the occurrence of incident to registered the case.
[b].The evidence of PW9 who is the Investigating Officer Arrest of
Accused & filing charge sheet, deposed that he went to GGH, Kurnool and he secured panchayatdars PW4, LW10 and LW11 and conducted inquest over the dead body of Deceased Manjula Nagalakshmi in the presence of relatives and panchayatdars and prepared Inquest report and they are singed on it. He
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secured the presence of PW1, PW2 and LW2 and examined them and recorded their 161 statements. He send dead body through police constable for post mortem examination. On the same day he visited house of Deceased,
Yallur village and he secured panchayatdars PW5 and LW12 and observed the scene and seized 3 pieces light pink design Saree in the presence of panchayatdars and prepared panchanama and they are signed in it. Ex.P9 is scene observation cum seizure panchanama, dated 08-01-2021 at 16.00 hours. He drawn rough sketch of scene of offence, which is marked as
Ex.P10. M.O.1 is 3 pieces of light pink design Saree. He secured the presence of PW3 and examined her and recorded her statement.
On 09-01-2021 again he visited Yallur village, and secured the presence of LW5 and LW6 and examined them and recorded their 161 statements. On 11.01.2021 again he visited Yallur village and secured presence of LW7 and LW8 and examined them and recorded their 161 statements. He registered 2nd FIR in Cr.No.2/2021 on 11-01-2021 altered section of Law from 174 Cr.P.C to 306 IPC. Ex.P11 is 2nd FIR in Cr.No.
2/2021. On 11-01-2021 at 10.00 AM he received credible information about
Accused then, he secured panchayatdars PW6 and LW14 and himself and his staff and Panchayatdars PW6 and LW15 proceeded to Pasulapadu village and there one person on seeing them trying to ran away on that his staff caught hold him and brought before him. He enquired him on that he reveled his name, address and commission of offence, and Panchanama was prepared which was already marked as Ex.P5. He arrested Accused and brought to the police station. After completion of formalities he send them to
JFCM, Allagadda for remand. On 13-01-2021 he received PME report. He send viscera to forensic lab for report. On 30-06-2021 he received RFSL report. Ex.P12 is RFSL report. After completion of investigation he filed charge sheet against Accused on 02-07-2021.
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During cross examination, PW9 deposed that 1st FIR registered under section 174 Cr.P.C. And that in Ex.P1, PW1 stated suspicious death of
Deceased. He denied the suggestions that in 161 statement of PW1, he also stated suspicious death of Deceased. And that list of witnesses are not resident of Yallur village. And that PW6 and LW14 are not working at
Pasulapadu village on date of arrest of Accused. Further he denied the suggestions putforth by the Learned Counsel for the Accused.
16. ARGUMENTS:
(a).The Learned Additional Public Prosecutor argued that the evidence of PW.3 the establishing the incident, and the Accused involment of offence, and supported the evidences of PW6 to PW9/Investigating Officer,
And as such the Accused is liable for conviction.
(b).The Learned Counsel for the Accused had argued thatthe evidence of PW3 is not corroborated with the evidence of PWs.1 & 2. PW2 turn totally hostile, his evidence is not supported to the case of prosecution, as well as PW5. Further argued that PW1, and 2 who are Brother & Father of
Deceased Naga Lakshmi, PW5 is panchayatdar was turned hostile. There is no evidence produced by PW3 to show that the Accused had instigated
Deceased to commit suicide, and no ingredients attracted for the offence under section 306 of IPC. In all the prosecution failed to establish the offence against the Accused. Hence, prays to acquit the Accused.
17. Coming to the Section 306 of I.P.C. [Abetment of suicide], the section reads as follows:
“If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”.
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Ingredients for Section 306 I.P.C.:
i. an act of suicide by one person, ii. the abetment to the said act by another person(s).
Ingredients for Section Abetment:
"...a person abets the doing of a thing when he does any of the acts mentioned in the following three clauses.
(i) instigates that person to do that thing.
(ii) engages with one or more other person or persons in any conspiracy for the doing of that things.
(iii) Intentionally aids, by any act or illegal omission, the doing of that thing.
18. Intention/Instigation of Accused:
(a).It was mentioned in Ex.P.1/Report of PW1 that his elder sister namely Nagalakshmi, her husband Shivaiah leaved her and married another woman. D.Moulali [Accused] was close acquaintance and maintained physical relationship with his elder sister. Accused also residing with his elder sister.
His elder sister was having 5 thulas Gold, 3 cents vacant site, and 60,000/- cash in hand. Recently his elder sister told them that “D.Moulali harassed her, as he is asking oftenly to give her money, Gold & 3 cents site, if she did not give, he will see her end. On 02-01-2021 Moulali telephoned to PW1 and informed to him that his sister’s health is serious, come and took her. For that
PW1, his mother & wife went to the house of his elder sister, and found his sister was laid on bed only wearing with blouse & petticoat, and he observed contusion injuries on her throat and neck. He shifted his elder sister to GGH,
Nandyal, there hospital staff were asking to him regarding situation of
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Nagalakshmi, on that he asked Moulali, he stated she was consuming poison, same was informed to staff, then Doctors stated for better treatment you may shifted her to Kurnool, then they shifted her to Medicover Hospital, Kurnool, there they did not unable to spending hospital expenses, he shifted her to
GGH, Kurnool. On 07-01-2021 at 6.36 AM she died. He was suspecting over the death of Naga Lakshmi, he enquired with villagers, for that his villagers namely Jetty Gokhari, B.Ramachandra Reddy were informed to him on 02-01- 2021 at afternoon hours Moulali was quarreling with Naga Lakshmi regarding to giving Gold, money. They suspecting the death of Nagalakshmi, and lodged report.
(b).As per the evidences of PWs.1 & 3, 7 to 9, it clear that the cause of death of deceased Naga Lakshmi is by hanging. As seen from the evidences, PW1 stated in his cross examination, “Deceased Naga Lakshmi died due to her ill health”. PW2 stated “he does not know how she was died”.
PW3 stated “ Her mother informed to her that Accused forced her to give gold ornaments and landed property if not give "to commit suicide". The evidences are not corroborated with each other, who are close blood relatives of
Deceased Naga Lakshmi. Moreover, the evidence of PW1 is not corroborated with his Report Ex.P.1. In his chief examination, PW1 clearly deposed that “he don't remember contents of Report”. Moreover PW2 who is father of
Deceased Naga Lakshmi totally turned hostile, and his statement marked as
Ex.P.2, and his evidence is no way helpful to the case of prosecution.
(c).The Prosecution did not produced document regard to said 3 cents of landed property belongs to Deceased Nagalakshmi, and purchasing of Gold Ornaments. More over PW3 did not specifically state when said 3 cents of land and Gold Ornaments purchased by her Deceased Mother. Even
Investigation Officer/PW9 did not state said fact specifically i.e., when
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deceased purchased & where it was situated. More over PW9 did not state he taken over the documents related to 3 cents of land and Gold Ornaments from the house of Deceased Nagalakshmi. In Ex.P.1 PW1 did not stated that
Accused instigated Deceased to commit suicide. But in evidences PWs1 & 2, they specifically deposed there is no involvement of Accused with regard to instigation by him.
(d).During cross examination, PW4 who is one of Inquest
Panchayatdar under Ex.P.3 deposed that “he does not know contents of
Inquest Report, and that he does not know Accused”. So, evidence of PW4 is not helpful to the case of prosecution with regard to opinion of
Panchayathdars about cause of death of Deceased Nagalakshmi. The evidence of PW5, who is Panchayatdar for seizure of MO.1 under Ex.P.9, deposed “Police never seized Saree piece in their presence”, hence his signature on Scene Observation Panchanama marked as Ex.P.4. So, the evidence of PW5 is not helpful to the case of prosecution with regard to the seizure of M.O.1. but the evidence of PW9 shows he observe the scene and seized M.O.1 in the presence of Panchayathdars. As per Ex.P.9/Scene
Observation report, it clearly mentioned details of scene of offence which situated in the house of Deceased and seizure of M.O.1/ 3 pieces of light pink design Saree.
(e).In his cross examination, PW6 who is Panchayatdar at the time of
Arrest of Accused, categorically deposed that Police arrested Accused in his presence and Accused confessed commission of offence in his presence, and
Confessional panchanama prepared [Ex.P.5] in his presence, and he signed in it. The Investigation Officer/PW9 also deposed the same lines, and their evidences were corroborated with each other with respect to arrest of
Accused.
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(f).As per Per Postmortem Report/Ex.P6, it clearly mentioned about
Injuries i.e., external & internal of Deceased in detail. Even PW7/Doctor who is
Doctor conducted PME over the Dead Body of Deceased Naga Lakshmi deposed the same. He further deposed that approximate time of death is
Deceased died at Government General Hospital Kurnool casualty on 07.01.2021 at 6.36 AM with IP.No.383. Even in Ex.P.1/Report, the date & time of death of Deceased mentioned as 07-01-2021 at 6.36 AM. PW7 clearly deposed that Opinion regarding cause of death is reserved for want of viscera, and he gave Final Opinion/Ex.P.7. Further PW7 clearly deposedthat “ he received chemical analysis Report/Ex.P.12 from FSL Kurnool, and cause of death of Manjala Naga Lakshmi is died due asphyxia and resulting from antimortum hanging. As seen from the Forensic Report, it was mentioned “asphyxia, resulting from antimortum hanging”.
(g).As per evidence of PW8, at first originally FIR [Ex.P.8] was registered u/s 174 of IPC., due to Suspicious death which mentioned in
Ex.P.1/Report of PW1.As per Ex.P.1 it was given by PW1 showing he was suspecting the death of Nagalakshmi.During course of Investigation, the
Investigation Officer/PW9 had concluded that the Deceased had committed suicide, and registered a case under section 306 of IPC. As per evidence of
PW9, after recorded the 161 Cr.P.C. statements of list of witnesses, he registered 2nd FIR [Ex.P11] in Cr.No. 2/2021 by altering section of Law from 174 Cr.P.C to 306 IPC. So, it clear that after recording the statements of witnesses by PW9, 2nd FIR was registered u/s 306 of IPC.
(h).As seen from the Rough Sketch/Ex.P.10, the details of house of
Deceased shown specifically, and T.Venkateswarlu house situated towards west of Deceased house, and Southern side there is CC Road, towards East & North there is vacant site. There was no mention of the houses of Jetty
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Gokhari, and B.Ramachandra Reddy, whose names mentioned in
Ex.P.1/Report, near scene of offence. As said persons informed to PW1 when he was inquired with Villagers that “on 02.01.2021 at afternoon hours Moulali was quereling with Naga lakshmi regarding to giving Gold, money”. These witnesses are material witnesses to prove the case of Prosecution about querelling between Accused and Deceased. The PW9/Investigation Officer did not state the names of above persons whether he inquired with said persons or not, and even names of said persons were not shown in the list of witnesses, best known to him.
(i).As seen from the records, it was clearly mentioned in Ex.P.1, that “Deceased Nagalakshmi told to PW1 that D.Moulali will see her end, if
Deceased did not give Gold Ornaments and vacant site and money to him”.
As per evidence of PW3 who is daughter of Deceased clearly shows that “if
Deceased did not give gold ornaments and landed property to Accused, to commit suicide". The evidence of PW3 not shown particular about instigation of Deceased by Accused to commit suicide, except saying “to commit suicide”.
The prosecution did not file call date of mobile phone of Deceased showing
Accused instigated her to commit suicide, which told by her to her parents, her brother and her daughter through phone. Moreover no documents were filed by the prosecution to show about the purchasing of Gold Ornaments and
Ac.0.03 cents of vacant site by the Deceased. Except evidence of PW3 about her mother committing suicide, no other evidence were corroborating with her evidence, respect to cause of death of Deceased by committing suicide with instigation of Accused.
(j).It clear from the records, Deceased Naga Lakshmi and Accused were living together in one roof. Admittedly, there was no evidence respect to purchasing of Gold Ornaments and Ac.0.03 cents of vacant site by the
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Deceased, and having cash of Rs.60,000/- in her hand. There was no call date of Deceased to show that Accused instigated Deceased to commit suicide, if Gold Ornaments, money, and Ac.0.03 cents of vacant site not gave to him. PW1 who gave Report before Police, did not state on par with his
Report/Ex.P.1. There is inconsistency with Ex.P.1/Report and evidence of
PW1 about suspicious death of Deceased or committing suicide. As already stated above PW2 evidence no way helpful to the case of prosecution. The evidences of PWs.1 and 3 were not corroborated with each other respect to death of Deceased by committing suicide with instigation of Accused. So it gives doubt upon the evidences of PWs.1 & 3 respect to death of Deceased by committing suicide with instigation of Accused. As per supra, it clear that the evidences of PWs1 & 3 are established in respect to commission of suicide by the Deceased Naga Lakshmi.
(k).The decision reported in, 1). Velladurai vs State Rep. by the
Inspector of Police, on 14 th September, 2021, wherein held that “Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the Accused had, by his acts or omission created such circumstances that the deceased was left with no other option except to commit suicide. In the instant case, the allegation against the appellant is that there was a quarrel on the day of occurrence. There is no other material on record which indicates abetment. There is no material on record that the appellant-Accused played an active role by an act of instigating the deceased to facilitate the commission of suicide”. 2.) Padi Venkateswarlu, Guntur Dt 3 Othrs., vs State Of Ap., Rep. Pp And Anr., on 17 February, 2021, wherein held that “ In order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the Accused with an intention to bring out the suicide of the concerned person as a result of that
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abetment is required. The intention of the Accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under
Section 306 IPC. We are of the clear opinion that there is no question of there being any material for offence under Section 306 IPC either in the FIR or in the so- called suicide note". 3.) S.S.Chheena vs Vijay Kumar Mahajan & Anr on 12 August, 2010, wherein held that "25. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the Accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide".
The above decisions are relevent to the present case, as in present case also the witnesses did not tell about the abatment of the Accused, and only due to giving Gold Ornaments, Money, 3 cents of Vacant Site, the
Deceased commit suicide, and except saying after the incident, the Deceased commit suicide, and ingredients of section of law was not attracted in the present case in hand.”
(l).As per above discussion, the prosecution has failed to prove the essential ingredients of Sec.306 of IPC. As the evidences of PWs1, & 3 are established only respect to commission of suicide by the Deceased.
Therefore, this Court holds and concludes that the prosecution failed to proved the guilt of the Accused for the offence U/Sec.306 of IPC. beyond all reasonable doubt. Therefore, the Accused is entitled for acquittal for the
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offence alleged against him.
19. In the result, Accused is found not guilty for the offence punishable under Section 306 of I.P.C., and accordingly he is acquitted under Section 235 (1) of Cr.P.C. The bail bond of Accused shall remain in force for a period of six months as contemplated under Section 437-A of Cr.P.C. MO.1 shall be destroyed after expiry of appeal time.
Typed to my dictation by the Stenographer Gr-II directly on computer, corrected and pronounced by me in the open court, this the 23 rd of April, 2026.
ASSISTANT SESSIONS JUDGE,
ALLAGADDA.
Appendix of Evidence
Witnesses examined
For Prosecution :
P.W.1:Pallapu Lakshmanna P.W.2:Pallapu Subbarayudu P.W.3:Bathula Madhavi P.W.4:Bekkam Nageswara Reddy P.W.5:Challa Venkateswarlu P.W.6:Dudekula Babaiah P.W.7:Dr. P. Shankar P.W.8:T. Venkateswarlu P.W.9:P.Niranjan Reddy
For Defence :
None
Exhibits Marked
For Prosecution:
Ex.P1:Report of PW1 given to Police Ex.P2:Sec.161 Cr.P.C. statement of PW2 Ex.P3:Inquest Report, dated 08.01.2021 Ex.P4:Signature of PW5 in Scene Observation-cum-Seizure Panchanama,
dated 08.01.2021.
S.C.No.301/2023 20 ASJ, Allagadda
Ex.P5:Confession-cum-Arrest Panchanama, dated 11.01.2021. Ex.P6:Postmortem Report, dt.08.01.2021 Ex.P7:Opinion of PW7 Ex.P8:First Information Report. Ex.P9:Scene Observation-cum-Seizure Panchanama, dt.08.01.2021 Ex.P10:Rough Sketch Ex.P11:2nd FIR in Cr.No.2/2021 Ex.P12:RFSL Report
For Defence : None
Material Objects Marked
M.O.1: 3 pieces of light pink design Saree.
ASJ, ALG.