S.Srinivas Reddy

IN THE COURT OF THE PRL. ASSISTANT SESSIONS JUDGE

AT MAHABUBNAGAR

Monday, the 9th day of April, 2018

Present:- Sri S.Srinivas Reddy,

Senior Civil Judge, Nagarkurnool

FAC: Prl. Asst. Sessions Judge,

Mahabubnagar.

S.C. No.78 of 2015

Preliminarily Registered Case No.49 of 2014 committed by the Judicial

Magistrate of First Class, Jadcherla in Cr. No.116/2014 of P.S., Bhoothpur for

the offences U/Secs.498-A and 306 I.P.C.

ProsecutionSri E.Padma Reddy, Addl. Public Prosecutor.

Accused1. Mannemoni Srisailam S/o Balaiah, aged: 32 years, Occu: Coolie, R/o Yelkicherla Village of Bhoothpur Mandal.

2. Mannemoni Yellamma W/o Balaiah, aged: 70 years, Caste: Telugu, Occu: Coolie, R/o Yelkicherla Village of Bhoothpur Mandal.

(The case against A-1 is abated due to his death).

(Sri K.Brahmaiah, Advocate for accused)

Offence under section498-A and 306 r/w 109 IPC

Plea of the accusedPleaded not guilty

FindingFound not guilty

Sentence or orderThe accused No.2 is found not guilty for the offences punishable U/Secs.498-A and 306 R/w 109 I.P.C. and she is acquitted U/Sec.235 (1) Cr.P.C. The bail bonds of accused No.2 shall remain in force for a period of Six (06) months under Section 437(A) Cr.P.C. Unmarked case property i.e. black plastic can, match box and burnt saree pieces deposited vide CPR No.1 of 2018 shall be destroyed after appeal time is over. The case against the accused No.1 is abated due to his death.

-o0o- This case came up for final hearing before me on 02-04-2018 and upon perusing the oral and documentary evidence on record, upon hearing

Page 2 the arguments, and the matter having stood over for consideration till this day, the Court delivered the following:-

J U D G M E N T

The Inspector of Police, Jadcherla Rural filed charge sheet against the accused Nos.1 and 2 for the offences punishable U/Secs.498-A and 306 IPC.

2.The case of the prosecution is that the deceased-Chennamma is the daughter of the complainant-Ganji Anjaneyulu and about five years, the complainant performed the marriage of his daughter Chennamma with the accused No.1 M.Srisailam and the couple did not beget any children and the deceased-Chennamma is the second wife of A-1 and his daughter and son- in-law (A1) earned some money by doing coolie work and gave the said amount to him and he purchased a plot admeasuring 200 Yards with that money and the plot was registered in the name of his wife Venkatamma and on 09-07-2014, his daughter Chennamma and his son-in-law (A1) came to his house and her daughter informed to him that since last one month her husband and mother-in-law (A2) were harassing her to get register the plot in their names and also asking to return the amount which was given by them earlier and on which the complainant told that he will register the plot on the next day and A-1 told that unless and until, he register the plot in their names, he would not take back his daughter to his house and by saying A1 left the house and the deceased Chennamma also went along with her husband to Yelkicherla and on 10-07-2014, A1 informed the complainant over phone that his daughter was committed suicide by pouring kerosene and set ablaze and immediately the complainant along with his family went to Yelkicherla village and found his daughter was dead with burn injuries. Due to unbearable harassment meted out by the deceased Chennamma in the hands of A1 and A2, the deceased

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Chennamma frustrated over her life and committed suicide by setting herself ablaze.

On the complaint given by the father of the deceased-Chennamma, the S.I. of Police, Bhoothpur registered a case in Cr. No.116/2014

U/Secs.498-A, 306 IPC and took up the investigation. During the course of investigation, the C.I. of Police, Jadcherla Rural took up further investigation, visited the scene of offence and conducted the scene of offence panchanama in the presence of mediators and seized 10 liters plastic can, one match box and cloth pieces of the deceased. The Tahsildar, Bhoothpur conducted inquest panchanama over the dead body of deceased

Chennamma in the presence of mediators and referred the dead body for

P.M.E. L.W.14 Medical Officer conducted autopsy over the dead body of deceased and issued P.M.E. report and on 17-07-2014, A1 and A2 were arrested and produced them before the court for judicial custody. The

Inspector of Police further submitted that his investigation revealed that A1 and A2 harassed the deceased-Chennamma and unable to bear the harassment meted out by her by the accused, she has committed suicide by pouring kerosene and by setting fire, thereby the accused No.1 and 2 have committed the offences punishable U/Secs.498-A and 306 IPC. Hence, the charge sheet.

3.The learned Judicial Magistrate of First Class, Jadcherla took the cognizance against the accused No.1 and 2 for the offences U/Secs.498-A and 306 IPC and after following the Committal procedure, committed the accused to the Court of Sessions, Mahabubnagar along with case records.

The Court of Sessions, Mahabubnagar taken the cognizance for the said offences and made over the case to this court for disposal according to law.

Page 4

4.Pending trial, the accused No.1 died and case against him stood abated.

5.Upon hearing both sides and on perusing the material on record, this court framed the charges U/Secs.498-A and 306 r/w 109 IPC against the accused No.2, read over and explained to her and she pleaded not guilty of the said charges and claimed to be tried.

6.In order to prove its case, the prosecution examined PWs.1 to 11 and got marked Exs.P1 to P12 and reported closure of the evidence.

7.After closure of the prosecution evidence, the accused No.2 was examined U/Sec.313 Cr.P.C. and she denied the incriminating evidence adduced against her and she reported no defence evidence.

8.Heard arguments of the learned Addl. Public Prosecutor and the learned counsel for the accused.

9.Now the point for determination is whether the prosecution able to prove the guilt of the accused No.2 for the offences punishable U/Secs.498-

A and 306 r/w 109 IPC beyond all reasonable doubt?

10.In order to prove its case, the prosecution examined PWs.1 to 11 and got marked Exs.P-1 to P-12. Out of 11 witnesses, PW-1 is the defacto- complainant/father of the deceased, PW-2 is the mother of the deceased,

PWs.3 to 7 are circumstantial witnesses, PW-8 is the mediator for the inquest, PWs.9 and 10 are the panch for the scene of offence panchanama and PW-11 is the Panch for the Inquest. Out of the 11 witnesses examined on behalf of the prosecution, PWs.1 to 10 not supported the case of the prosecution and turned hostile.

Page 5

11.As PWs.1 to 10 not supported the case of the prosecution, the learned Addl. Public Prosecutor has given up the evidence of other witnesses including the doctor and investigating officers.

12. In order to prove the guilt of the accused for the offences

U/Secs.498-A and 306 IPC, the prosecution to prove that the accused No.2 along with his son (A1) harassed the deceased Chennamma, due to harassment of them, the deceased committed suicide and that the accused

No.2 is responsible for the death of the deceased, but the witnesses examined on behalf of the prosecution i.e. PWs.1 to 10 not supported the case of the prosecution and PWs.1 and 2 who are the parents of the deceased Chennamma categorically stated that due to unbearable stomach pain, their deceased-daughter committed suicide by pouring kerosene on herself and setting ablaze.

13. PW-11 is the mediator for the inquest panchanama over the dead body of the deceased and as can be seen from the evidence of PW-11, he has not stated anything against the accused.

14.Therefore, on perusal of the evidence of the prosecution witnesses, absolutely there is no evidence to connect the accused No.2 with the alleged offences, as PWs.1 to 10 not supported the prosecution case. For the reasons stated supra, I am of the opinion that the prosecution failed to bring home the guilt of the accused No.2 for the alleged offences punishable U/Secs.498-A and 306 r/w 109 IPC beyond all reasonable doubt.

Hence, the accused No.2 is entitled for acquittal.

15.In the result, the accused No.2 is found not guilty for the offences punishable U/Secs.498-A and 306 R/w 109 I.P.C. and she is acquitted

U/Sec.235 (1) Cr.P.C. The bail bonds of accused No.2 shall remain in force

Page 6 for a period of Six (06) months under Section 437(A) Cr.P.C. Unmarked case property i.e. black plastic can, match box and burnt saree pieces deposited vide CPR No.1 of 2018 shall be destroyed after appeal time is over. The case against the accused No.1 is abated due to his death.

Dictated to Stenographer, transcribed, typed by him, corrected and

pronounced by me in the open Court, this the 9th day of April, 2018.

Prl. Asst. Sessions Judge, Mahabubnagar

Appendix of Evidence

Witnesses examined

For Prosecution:-

PW1 G.Anjaneyulu :- Defacto-complainant and father of deceased

PW2 G.Venkatamma :- Mother of the deceased.

PW3 G.Srinivasulu :- Circumstantial witness.

PW4 M.Pedda Ranganna :- Circumstantial witness.

PW5 M.Alivelamma :- Circumstantial witness.

PW6 Devamma :- Circumstantial witness.

PW7 Sathyamma :- Circumstantial witness.

PW8 B.Nagamma :- Panch for Inquest.

PW9 M.Venkataiah :- Panch for scene of offence panchanama.

PW10 M.Shankar :- Panch for scene of offence panchanama.

PW11 B.Jagadeeshwar Reddy :- Panch for the Inquest panchanama.

Page 7

For Defence:- -Nil-

Exhibits marked

For Prosecution:-

Ex.P-1: Signature of PW-1 on the complaint.

Ex.P-2: Sec.161 Cr.P.C. statement of PW-1.

Ex.P-3: Sec.161 Cr.P.C. statement of PW-2.

Ex.P-4: Sec.161 Cr.P.C. statement of PW-3.

Ex.P-5: Sec.161 Cr.P.C. statement of PW-4.

Ex.P-6: Sec.161 Cr.P.C. statement of PW-5.

Ex.P-7: Sec.161 Cr.P.C. statement of PW-6.

Ex.P-8: Sec.161 Cr.P.C. statement of PW-7.

Ex.P-9: Signature of PW-8 in the inquest panchanama.

Ex.P-10: Signature of PW-9 in the crime details form.

Ex.P-11: Signature of PW-10 in the crime details form.

Ex.P-12: Inquest panchanama.

For Defence:- -Nil-

Material Objects marked

-NIL-

Prl. Asst. Sessions Judge, Mahabubnagar

Page 8

IN THE COURT OF THE PRL. ASST. SESSIONS JUDGE,

MAHABUBNAGAR.

1. Serial No. (One) : S.C. No.78 of 2015

2. Name of the P.S. : Bhoothpur

3. Description of the Accused:

1. Mannemoni Srisailam S/o Balaiah, aged: 32 years, Occu: Coolie, R/o Yelkicherla Village of Bhoothpur Mandal.

2. Mannemoni Yellamma W/o Balaiah, aged: 70 years, Caste: Telugu, Occu: Coolie, R/o Yelkicherla Village of Bhoothpur Mandal.

(The case against A-1 is abated due to his death).

4. Date of :

i)Occurrence10-07-2014 ii)Complaint10-07-2014 5 iii)Apprehension15-07-2014 [A1 & A2] iv)Release on bail17-09-2014 [A1] 07-08-2014 [A2]

v)Commitment23-01-2015 vi)Commencement of trial23-01-2018 vii)Close of trial02-04-2018 viii)Sentence or Order09-04-2018 ix)Explanation of delayNo delay

Prl. Asst. Sessions Judge, Mahabubnagar.

Copy Submitted to:

The Hon’ble Registrar (Judicial) High Court of Andhra Pradesh, Hyderabad through the District and Sessions Judge, Mahabubnagar through C.D.

***

Page 9

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE

AT MAHABUBNAGAR

Tuesday, the 17th day of April, 2018

Present:- Sri S.Srinivas Reddy,

Senior Civil Judge, Nagarkurnool

FAC: Prl. Senior Civil Judge,

Mahabubnagar.

H.M.O.P. No.48 of 2017

Between:-

1. Smt. Boya Kavitha @ Laxmi W/o Pedda Narsimulu, D/o Boya Venkataiah, aged: 24 years, Occu: House-hold, R/o Ammireddypally Village of Narayanpet Mandal, Mahabubnagar District, at present residing at her parents home i.e., C/o Boya Venkataiah, R/o Damayapally Village of Koilkonda Mandal, Mahabubnagar District.

2. Pedda Narsimulu, S/o Chinna Sanjappa, W/o Boya Kavitha @ Laxmi, aged: 37 years, Occu: Agriculture, R/o Ammireddypally Village of Narayanpet Mandal, Mahabubnagar District. …Petitioners ***

This petition came up for final hearing before me on 16-04-2018 in the presence of Sri B.Raja Bhaskar, Advocate for the Petitioners No.1 and 2 and the matter having stood over for consideration, the court delivered the following:

O R D E R

This is a petition filed by the Petitioners U/Sec.13-B of Hindu

Marriage Act, 1955, seeking the dissolution of their marriage by granting a Decree of divorce by mutual consent.

2.Both the petitioners are the wife and husband respectively.

The brief case of parties is that the petitioner No.1 and 2 are wife and husband and they both belongs to Hindu religion and their marriage was performed on 01-03-2009 at Ammireddypally Village of

Narayanpet Mandal, Mahabubnagar District as per caste customs prevailing in Hindu community. After marriage they both lived together

Dt: 17-04-20182 HMOP No.48 of 2017

happily for a short period and they had no issues. It is further submitted that after marriage, the petitioner No.1 joined the company of the petitioner No.2 at Ammireddypally Village of Narayanpet Mandal,

Mahabubnagar District and lived happily for three months only and thereafter serious disputes and differences arose between the petitioners No.1 and 2 and during short period of wedlock there were allegations and counter allegations arose between them.

Consequently, the petitioners No.1 and 2 have parted their way, resulting which both are living separately since last two years, since their separation, they never joined again till today and the matter was carried on before the elders and well wishers. All possible efforts for reconciliation made by the elders and well wishers at Damayapally

Village which is native place of petitioner No.1 and where the petitioner

No.1 residing with her parents since two years, but it ended without any positive result. So, the petitioners No.1 and 2 have decided to part of their ways by dissolution of their marriage. As such the present petition is filed by the petitioners for dissolution of their marriage.

3.After filing the present petition, the petition was adjourned by granting six months time expecting a change in the attitude of the petitioners and to live together. But even after six months, they expressed the same view to take divorce by getting their marriage dissolved.

4.Petitioners are examined as PWs.1 and 2. After recording the evidence, the counsel for the petitioners is heard.

5.The point for consideration is:

Whether the petitioners are entitled for getting their marriage dissolved with mutual consent by getting a decree of divorce?

Dt: 17-04-20183 HMOP No.48 of 2017

6.Point:- The oral evidence on record reveal that both the petitioners intend to get their marriage dissolved by getting a Decree of divorce. Further all possible efforts for reconciliation made by the elders and well wishers at Damayapally Village of Koilkonda Mandal,

Mahabubnagar District but failed. In view of such testimony, this court cannot compel the parties to live together.

Under these circumstances, this court is inclined to grant a

Decree of divorce to dissolve the marriage between the petitioner No.1 (wife) and petitioner No.2 (husband). Accordingly, the petition is allowed.

7.In the result, the petition is allowed. The marriage of the first petitioner (wife) with the second petitioner (husband) which has taken place on 01-03-2009 is hereby dissolved by a Decree of divorce from the date of decree. In the circumstances, no costs.

Typed to my dictation, corrected and pronounced by me in the open court on this the 17th day of April, 2018.

Senior Civil Judge,

Nagarkurnool, FAC: Prl. Senior Civil Judge, Mahabubnagar.

APPENDIX OF EVIDENCE

Witnesses examined

For Petitioners:-

PW1: Smt. Boya Kavitha @ Laxmi (Petitioner No.1)

PW2: Sri Pedda Narsimulu (Petitioner No.2)

Dt: 17-04-20184 HMOP No.48 of 2017

Exhibits marked

For Petitioners:-

Ex.P1: Wedding Card.

Senior Civil Judge,

Nagarkurnool, FAC: Prl. Senior Civil Judge, Mahabubnagar.

Dt: 17-04-20185 HMOP No.48 of 2017

***

TSMA020001342008

Presented on : 22-01-2008 Registered on : 11-04-2008 Decided on : 09-04-2018 Duration : 10 years, 2 months, 18 days

IN THE COURT OF

Principal Senior Civil Judge cum Assistant Sessions Judge

Mahabubnagar AT MAHABUBNAGAR

EP/11/2008

Exhibit No.:

: K.Sudhakar Reddy Age: 0 Occupation : Address: age.64yrs, occ.Agril,Ro Tandra Village , Veldanda Mandal

VERSUS : Land Acquisition Officer Age: 0 Occupation : Address: Land Acquisition officer - Cum- Mandal Revenue OfficerVeldanda ----------------------------------------------------------------------------------------- Advocate for : Katepaga Vijaya Mohan Advocate for : A.G.P. appearing for Land Acquisition Officer: Advocate appearing for respectively.

ORDER

Dhr filed full satisfaction memo and the same is recorded. Hence the E.P. is terminated interms of full satisfaction.

Sd/-

Principal Senior Civil Judge cum Assistant Sessions Judge

Mahabubnagar