Smt S.thangamani

P.A.S.J,NANDYAL1 SC.NO.166 OF 2024

IN THE COURT OF PRL.ASSISTANT SESSIONS JUDGE AT NANDYAL IN THE COURT OF PRL.ASSISTANT SESSIONS JUDGE AT NANDYAL

Present: Smt S.Thangamani,Present: Smt S.Thangamani, Prl.Assistant Sessions Judge, NandyalPrl.Assistant Sessions Judge, Nandyal

Wednesday, the 29 th Wednesday, the 29 th day of April, 2026 day of April, 2026

SESSIONS CASE No.166 of 2024

(P.R.C.No.35/2023 on the file of Judicial Magistrate of First Class, Nandyal in Cr.No.495/2020 of Nandyal II Town Police Station)Nandyal in Cr.No.495/2020 of Nandyal II Town Police Station)

1. Name of the complainant: Sub Inspector of Police, Nandyal II TownNandyal II Town P.S., P.S.,

2. Name of the Accused: 1. Gandra Pullaiah1. Gandra Pullaiah

2. Y.Subhashini 2. Y.Subhashini

3. Gandra Lingamma 3. Gandra Lingamma

4. Gandra Venkata 4. Gandra Venkata Subbaiah Subbaiah

5. Akula Venkata5. Akula Venkata Lakshmamma. Lakshmamma.

3. Date of occurrence : 10.10.2020

4. Date of complaint :10.10.2020

5.Date of Committal:15.04.2024

6.Date of appearance of accused:26.07.2024

7. Date of commencement of trial :26.09.2024

8. Date of close of trial:25.09.2025

9.Date of sentence of order:29.04.2026

In the result, Accused No.1 to 5 are found not guilty for the offenceIn the result, Accused No.1 to 5 are found not guilty for the offence punishable u/Sec.498-A, 306 read with 34 of IPC and Sec.3 & 4 D.P. Actpunishable u/Sec.498-A, 306 read with 34 of IPC and Sec.3 & 4 D.P. Act and they are acquitted of the said offence u/Sec.235(1) of Cr.P.C. The bailand they are acquitted of the said offence u/Sec.235(1) of Cr.P.C. The bail bonds of Accused along with their sureties shall remain in force for a periodbonds of Accused along with their sureties shall remain in force for a period of six months from the date of this Judgment as required u/Sec.437 ofof six months from the date of this Judgment as required u/Sec.437 of

Cr.P.C. The M.O.No.1 is the Saree shall be destroyed after expiry of appealCr.P.C. The M.O.No.1 is the Saree shall be destroyed after expiry of appeal time.time.

Explanation for the delay: The record in PRC.No.35/2023 of Judicial

Magistrate of First Class, Nandyal was submitted to the Court of Hon’ble

Principal Sessions Judge, Kurnool on 08.07.2024 and the same was

received on 08.07.2024 and numbered as Sessions Case No.166/2024 by

P.A.S.J,NANDYAL2 SC.NO.166 OF 2024 the Hon’ble Principal Sessions Judge, Kurnool for the offences punishable u/Sec.498-A, 306 read with 34 of IPC and Sec.3 & 4 D.P. Act and madeu/Sec.498-A, 306 read with 34 of IPC and Sec.3 & 4 D.P. Act over the same to this Court for disposal according to law on 16.07.2024.

The accused made his appearance before this Court on 26.07.2024 and on 12.09.2024 charges were framed. On 26.09.2024 LW2 examined as PW1

Ex.P1 and M.O.No.1 got marked. On 09.07.2025 LW3 examined as PW2.

On 10.07.2025 LW4 to 6 examined as PW3 to PW5. Ex.P2 and P3 marked.

On 23.07.2025 LW8 & LW9 examined as PW6 & PW7, Ex.P4 to P7 marked and LW8 given up by Addl.Public Prosecutor. On 06.08.2025 LW11 examined as PW8. Ex.P8 and P9 marked. On 21.08.2025 LW12 examined as PW9. Ex.P10, P11 marked. On 11.09.2025 LW13 examined as PW10.

Ex.P12 and P13 marked. On 25.09.2025 Prosecution evidence closed. On 28.11.2025 Accused examined u/Sec.313 Cr.P.C. On 08.01.2026 witness examined as DW1, Ex.D1 to D5 marked. On 07.04.2026 arguments were heard. On 29.04.2026 Judgment was pronounced.

Sd/-Smt.S.Thangamani.,

PRL.ASSISTANT SESSIONS JUDGE,

NANDYAL.

1.Copy submitted to the Hon’ble Registrar (Judicial), High Court of Andhra Pradesh at Amaravathi through the Hon’ble District & Sessions Judge, Kurnool.

2.Copy submitted to the Hon’ble Director of Prosecutions, Government of Andhra Pradesh, Room Nos.109, 110, 111, 112, 1st floor, New HOD (R&B) M.G.Road, Vijayawada.

3.Copy submitted to the Hon’ble Prl. District Judge, Kurnool.

4. COPY TO THE JUDICIAL MAGISTRATE OF FIRST CLASS, NANDYAL.

P.A.S.J,NANDYAL3 SC.NO.166 OF 2024

IN THE COURT OF THE PRINCIPAL ASSISTANT SESSIONS JUDGE,

NANDYAL

Present:- Smt.S.Thangamani,

Principal Assistant Sessions Judge, Nandyal.

Wednesday, the 29 th day of April, 2026.

Sessions Case No.166 of 2024.

State: Represented by the Sub-Inspector of Police, Nandyal II Town P.S. … Complainant. Vs.

1. Gandra Pullaiah, aged 40 years, S/o Gandra Kondaiah, H.No.29/152-B-10, SBI Colony of Nandyal Town.

2.Y.Subhashini, aged 31 years, D/o Pedda Konda Reddy, R/o.H.No. 2-184, Z.P High School road, R.S.Rangapuram, Bethamcherla Mandal.

3.Gandra Lingamma, W/o.Gandra Kondaiah, aged 76 years, R/o.H.No. 29/152-F1-1, SBI colony, Nandyal Town.

4.Gandra Venkata Subbaiah, S/o Kondaiah, aged 62 years, Kothapeta, Palukur Village of Banaganapalli Mandal. Now at Chakalipeta of Nandyal Town.

5.Akula Venkata Lakshmamma, Wife of Veerabhadrudu, 60 years, R/o.H.No.3-36, Muthaloor Village, Rudravaram Mandal. … Accused

@@@@

This Sessions Case coming up before me on this day for hearing in the presence of Additional Public Prosecutor for the Complainant and of

Sri.M.Sreenivasa Murthy, Advocate for the Accused No.1 to 5, and upon hearing the arguments on both sides and on perusal of the record, this

Court delivered the following:-

J U D G M E N T

1.The Sub-Inspector of Police, Nandyal II Town Police Station has filed charge sheet against A1 to A5 for the offence punishable under Section 498-A, 306 read with 34 of Indian Penal Code and Sec.3 and 4 of Dowry and Prohibition Act in Crime No.495 of 2020 of Nandyal II Town Police

Station.

P.A.S.J,NANDYAL4 SC.NO.166 OF 2024

2. The brief averments of the charge sheet are as follows:-

(i) The Defacto complainant-Purine Padmavathi (L.W.1) is resident of Nandyal Town. A1 is the husband of the deceased, A2 is the Concubine of A1, A3 to A5 are in laws of deceased. In the year, 2009 the deceased was given in marriage with A1 and the wedding ceremony has been celebrated according to Hindu customs. During the marriage, LW1-

E.Padmavathi given 02 lakhs rupees and 12 thulas of gold as dowry to A1 and the marriage was celebrated in the presence of elders. A1 is working as a Lecturer in Venkateswara College, Nandyal. After the marriage, they blessed with two children and later A1 developed illegal intimacy with A2

Subhasini who is studying in Venkateswara College and A1 spent all his money to A2 for becoming a Government Employee and presently A2 got job in Nandyal Treasury Office. About 06 months back prior to the offence,

A1 started a construction of house in S.B.I Colony and got debits, to face the debits A1 started harassment against the deceased Gandra Keerthi subjected her to cruelty and harassed her and physically and mentally and demanded 05 lakhs additional dowry. In this regard, A2 to A5 were also harassed her to meet their unlawful demand by cursing her with vulgar language.

ii) On 09.10.2020 in the evening the deceased made phoned call to her mother, LW1-E.Padmavathi and stated that her husband A1 contacting with A2 in the cell phone. Upon that issue LW1-E.Padmavathi along with LW5-E.Prudvi Raj and LW8-N.Narasimhulu went the house of her daughter which is situated in S.B.I Colony, Nandyal Town, at that time

A1 to A5 were abusing the deceased by using filthy language and abated her to commit suicide. In this consequence the deceased vexed upon her life. On 10.10.2020 she committed in the in laws house by hanged herself.

At about 08.30 PM the accused A1 informed the incident to LW1-

E.Padmavathi.

P.A.S.J,NANDYAL5 SC.NO.166 OF 2024 iii) Basing on the report of LW1-E.Padmvathi a case in

Cr.No.495/2020 under Sec.498-A, 306 read with 34 IPC and Sec.3 and 4 of

D.P Act was registered by LW11-K.Nazeer Hussain, Sub Inspector of

Police, Nandyal II Town P.S. Immediately LW12-E.Kambagiri Ramudu

Inspector of Police, Nandyal Town P.S has took up further investigation and conducted inquest over the dead body of deceased at the scene of offence there itself and examined the blood relatives and eye witnesses as LW1 to

LW5 (E.Padmavathi, E.Kiran Kumar, Paradesi Chandana Priya, V.Seshi

Reddy, E.Prudvi Raj) and recorded their detailed statements at the time of holding inquest in the presence of Inquest Panchayathdars and also drawn the rough sketch of the scene with that effect and sent the dead body of the deceased for P.M examination. On 25.10.2020 the Inspector of Police,

Nandyal II Town P.S, LW12-E.Kambagiri Ramudu have arrested the accused A1, A4 and sent them to the Hon’ble Court for remand. On 16.11.2020 the accused A2 Y.Subhashini was granted Anticipatory Bail vide

Crl.Mp.No.182/2020 and on same day the accused A3 and A5 were also

granted anticipatory bail vide Crl.Mp.No.186/2020 by Hon’ble III Addl.District and Sessions Judge, Kurnool at Nandyal. The Government Medical Officer who conducted autopsy over the dead body of the deceased and issued final opinion that “Asphyxia due to ligature due to hanging”. LW10-The

Assistant Director Cum Officer-Incharge, Regional Forensic Science

Laboratory, DPO Campus, Kurnool analyzed the seized material objects which were sent to RFSL, Kurnool for analysis and issuing his report that the items are analyzed but no poisonous substances is found in the seized material objects. Hence, the charge.

3.The Judicial Magistrate of First Class, Nandyal took cognizance of the offence and numbered the case as PRC No.35 of 2023 and committed the case to the Honourable Principal District Court, Kurnool. The Honourable

Principal District Court, Kurnool numbered the case as Sessions Case

No.166 of 2024 and made it over to this Court for disposal in accordance with law.

P.A.S.J,NANDYAL6 SC.NO.166 OF 2024

4.The learned Additional Public Prosecutor opened the case of prosecution. After hearing both parties, on perusal of material available on record, it was found that there is a material to frame charge against the accused. Charge under Section 498-A, 306 read with 34 of Indian Penal

Code and Sec.3 and 4 of Dowry Prohibition Act were framed against the

Accused, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.

5.To prove the case of prosecution, the prosecution examined P.Ws.1 to 10 and got marked Ex.P1 to Ex.P13 and MO.1, on behalf of defence evidence DW1 examined and Ex.D1 to D5.

6. On closure of evidence on the side of the prosecution, the Accused were examined under Section 313 Cr.P.C to explain about the incriminating evidence appearing against them in the evidence of the prosecution witnesses, for which they denied the same. The accused reported defence evidence on their behalf.

7.Heard the arguments of both counsels.

8.Now, the point for determination is:

“Whether the prosecution has proved the guilt of the accused

for the offence punishable under Section 498-A, 306 read with 34 of

Indian Penal Code and Sec.3 and 4 of D.P Act beyond all reasonable

doubt?”

P O I N T:-

9.Prosecution examined PW1 to PW10 and Ex.P1 to P13 and MO.1 marked. On behalf of accused DW1 examined and got marked Ex.D1 to D5.

P.A.S.J,NANDYAL7 SC.NO.166 OF 2024

10. PW1 is the brother of the deceased Keerthi, he deposed that her elder sister Keerthi’s marriage was performed in the year 2009 with A1.

That marriage was the arranged marriage. At the time of marriage, on demand of accused, his family provided Rs.2,00,000/- cash of dowry and 12 tulas of gold to the A1. After the marriage his elder sister was joined with

A1 and their marriage was consummated. During their wedlock she blessed two children i.e., one daughter and one son. A1 is working as physics Lecturer in Venkateswara Junior College, Nandyal. A2 is student of A1 in the said Venkateswara Junior College. They both have illegal contact. Now A2 is working in Treasury Office, Nandyal as Senior

Accountant. In the year, 2012, A1 demanded additional dowry of

Rs.10,00,000/- stating that he has to construct a new building. He came to know the said fact from her mother, she knows through the deceased daughter, A1 was demanding additional dowry of Rs.10,00,000/- and harassed the deceased to pledge her gold in a bank and got loan for raising construction. After construction the new house, A1 used to bring A2 into their house and A1 to A5 also harassed the deceased that she may continue her marital life with A1 even though he used to bring A2 into the new house. But, deceased not accepted living relation ship of A1 and A2.

Then, A1 replied that A2 is working in Treasury Department and earning money. That salary would help to develop the family. She must adjust with her and accused. But her elder sister did not agree and she faced both physical and mental harassment in the hands of A1 to A5. His family members and his grand father advised A1 to lead marital life. Even though the accused put deaf ear and harass his sister there after A1 and A2 lead illegal contact and they used to made phone calls, video calls, they both took photographs then on 09.10.2020 at evening hours his sister made a phone call to his mother and informed that the accused are harassed her.

Then, his mother went to her house and tried to get her to their house but

A1 again took his sister into his house. On the same day night 10.00 PM,

A1 made a phone call to his mother and informed that her sister committed

P.A.S.J,NANDYAL8 SC.NO.166 OF 2024 suicide by hanging. Immediately his mother, LW5-E.Prudvi Raj and LW7-

K.Vamsidhar went to the house of A1 and noticed that her sister was hanging to the ceiling fan at her bed room. Immediately, his mother informed to him about incident stating that A1 to A5 abated for commission of suicide by his sister. On the next day morning he came to Nandyal from

Guntur. In his presence police conducted inquest over the dead body of his sister deceased Keerthi. Due to harassment of A1 to A5 his sister committed suicide and they are responsible for death of his sister. The complaint given by his mother LW1-E.Padmavathi but she is no more. He can identify the signature of his mother on the report. He was examined by the police. Ex.P1 is the signature of LW1/Padmavathi in report. M.O.No.1 is saree which was used for hanging.

11. During cross examination of PW1 he stated that he got job in railways after demise of his father on compassionate ground. At present he working at Repalli as Chief booking supervisor. When his sister Keerthi died he was working at Guntur as a booking Supervisor. In the year, 2009 his sister was given to marriage with A1 that was arranged marriage. On 10.10.2020 his sister died by hanging. His deceased sister studied decree and worked as

Teacher in various private schools. A1 constructed a new house in the year

March, 2020. He further admitted that his family members did not give any financial support for the constructions. In the year, 2012 A1 demanded

Rs.10 lakhs as additional dowry from his deceased sister. He further admitted no panchayath took place regarding demanding of additional dowry. A1 and A2 are belongs to different caste people. He did not file any documentary proof as A1 and A2 living under one roof. After receiving the phone call he came from Guntur, her mother already gave report to the police. He does not know the contents of the report. Prior to his arrival from

Guntur the police already visited the scene of offence on 09.10.2020.

Police conducted the funeral of dead body of his sister deceased keerthi.

The children of his deceased sister under care and custody of A1 till today. He admitted that his deceased sister had hypothyroid. A1 looked after the treatment of his deceased sister. Whenever he came to Nandyal, he visited

P.A.S.J,NANDYAL9 SC.NO.166 OF 2024 the deceased sister's house. He cannot say on which date, he came to

Nandyal. He did not file any documentary proof gave to police regarding the purchasing of gold ornaments at the time of marriage to his deceased sister. He handed over the videos and photographs of A1 with A2 to the police. But the Investigating Officer admitted in cross examination, PW1 did not handed over any photographs and Video.

12. PW2 is the Chandra Priya she was sister in law of deceased and wife of PW4 and daughter in law of LW1/Padmavathi. She repeated the

PW1 evidence and deceased was working as a Teacher in the Good

Shepherd School. She will not accept the A2. Then all the accused torched her to permit the 2nd marriage of A1 with A2 if she accept the same they will get money from A2. A1 came along with A3 to A5 to her house and asked her to convey and acceptance of second marriage by the deceased

Keerthi. Then, she refused the same if they came again she wont allow into the house to them. A1 tortured the deceased Keerthi, he will put up separate family for A2, if she allow to marry, she will give financial assistance to him, she got birth two children and she became old. A1 tortured the deceased Keerthi if she accept for his second marriage with A2 other wise she will went away and die. A2 also made phone calls to deceased Keerthi, she insisted to die, she is obstacle for her marriage with

A1. The deceased Keerthi came to her house in view of her child birthday in the month of September, 22nd but A1 did not come to her house along with Keerthi, he refused to come along with her children only. By the time they advised her to stay along with her house to live happily for some time.

On 01.10.2020, A1 came and stood out side of her house and brought

Keerthi because her birthday was on 02.10.2020. She went along with him to give chance to A1 for look after in a good manner. After two days she lived happily with A1 after that on 09.10.2020 at evening hours, she observed that A1 and A2 talked each other near compound wall of Rama

Krishna PG College, Nandyal. Again deceased Keerthi questioned A1 and

A2 about the same, by that time A2 you only obstacle for their marriage, then, A1 beat deceased and brought her into the house and warned her to

P.A.S.J,NANDYAL10 SC.NO.166 OF 2024 keep quite and stay alone in the house. On that night the deceased Keerthi made phone call to her mother in law and informed the same to her and no change accepted from A1. By the time her mother in law advised to come immediately to their house but the deceased Keerthi replied that one or two days after she will come to their house. On 10.10.2020 they received a phone call by 08.30 PM from A1 and informed to her mother in law Keerthi made hanging. Then, her mother in law fell down after receiving a phone call from A1. She made phone call to her husband. After that herself and her mother in law went in auto to the house of A1. when they observed that

Keerthi laid kept her on the bed. No signs appeared keerthi made hanging with a saree. They observed her neck got ligature mark. Her mother in law gave complaint in Nandyal II Town Police Station against the accused.

Police also conducted inquest over the dead body of deceased Keerthi at her house. Due to harassment of A1 and A2 and all the accused that is the reason of death of Keerthi.

13. PW2 admitted in her cross examination that her marriage was love marriage. In the year, 2019 she married PW4 who is her relative. At the time of marriage, with deceased Keerthi with A1 her marriage was not performed with her husband. When they reached to the house of A1 after receiving information about the death of Keerthi, A1 was at his house. The deceased got hypothyroid when pregnancy of the second child. Now the second child is about 13 years. The deceased got hypothyroid 6 months of her death.

14. PW4 deposed that the deceased Keerthi is his elder sister in the year 2009 her marriage performed with A1 as per hind rites in the presence of elders. At the time of marriage Rs.2,00,000/- dowry and 12 thulas of gold ornaments presented to A1. After the marriage, they lived happily for 3 to 4 years. She blessed two children i.e., one boy and one girl,. Now they are living with A1. A1 is lecturer in private college at Venkateswara college.

By the time A2 was student in that college. They have acquaintance with each other. A1 encouraged for her studies. They developed illegal contact.

P.A.S.J,NANDYAL11 SC.NO.166 OF 2024

A1 used to made phone call to A2 in the house and they are roming out side of college. Then the deceased Keerthi started galata with A1 and same was informed to her mother in law by deceased Keerthi, her brother in law Venkata Ramaudu and she also informed him. A2 to A5 supported

A1 because A2 working a government job in treasury and getting salary every month and advised the deceased not took up galata with A1. He came to know through his mother which was told to LW.1 Padamvathi. A1 demanded to the deceased Keerthi if she was not accepted marriage with

A2, she will brought Rs.5.00 Lakhs for additional dowry because A2 is job holder, because A1 has debts for construction of house. After that panchayat was conducted by them with A1 and his family in the presence of Seshidar Reddy, PW.3, LW.7-Vasmshidar, Narasimhulu/LW.8 and LW.6

Venkata Kavitha and his mother. He came know through his mother. The panchayatdars advised A1 because he is college lecturer no need to marry

A2 and A1 heed their words and he was keep quite. Again A1 started harassment for want of amounts for construction of house. Now and then

A1 talked with A2 near the Ramakrishan PG college. By the time the deceased Keerthi observed A1 and A2 and the same was informed to his mother. Then himself, his mother Narasimha/LW.8 along with deceased

Keerthi went to that college. They also observed A1 and A2 and came back to Keerthi’s house. Again they advised A1. By the time A2 abused the deceased Keerthi abused in filthy language and your are obstacle to marriage with A1 and instigated her to go and die. They asked the deceased Keerthi come and stay with in his house, but keerthi will come after two days. On 10-10-2020 his mother received a phone call from A1 the keerthi died by hanging and come fastly. They all went there and keerthi dead body laid on the cot. They observed she died. His mother gave report before to the police, now she is no more. He can identify her signature in the report. He was present at the time of inquest on the dead body of deceased conducted by police in the presence of mediators.

P.A.S.J,NANDYAL12 SC.NO.166 OF 2024

15. PW4 admitted in his cross examination he worked in a cement factory in 2019 and he came back to India held up in India due to Corana.

He omitted to state before the police, A1 demanded the deceased Keerthi, if she was not accepted the marriage with A2 she will brought Rs.5 lakhs for additional dowry because A2 is job holder, because he has debts as he is constructed a house. On the same day of incident, the police came after one hours of the hanging of the deceased. The C.I of police asked himself, his mother and accused No.1. Her mother preferred complaint after midnight 1 AM to the duty S.I of Nandyal II Town P.S. He further admitted that his deceased sister Keerthi had thyroid problem. Even after the death of deceased Keerthi the children are under the care and custody of A1. He does not know A2 belong which community and A2 is not his relative.

16. PW5 who is acted as mediators and she deposed that on 11-10- 2020 the CI of Police, Nandyal II town PS/LW.13/N.V.Ramana made a phone call to her and stated that to come and act as mediator to the inquest over the dead body of deceased Keerthi as Mahila Police. Then she reached the house of deceased. By the time two women police,

Vamshidar and Narasimhulu were present. She was present at the time of inquest and prepared inquest report in her presence. After knowing the contents inquest report she signed in it. Ex.P3 is inquest report. The duration 8-00 AM to 11-00 AM in the presence of blood relatives deceased

Keerthi. The opinion of the elders, inquest mediators the keerthi committed suicide by hanging due to the harassment of A1 and illegal contact with A2.

Herself along with Vamsidar and Narasimhulu also affixed their signature in the inquest report.

17. PW5 admitted in her cross examination that she denied the suggestion put by the learned counsel for the accused, she did not participate in the inquest but signed in the inquest report on the request of police, who are the higher officials to her.

18. PW6 deposed that deceased Keerthi is his niece. He was present on 11-10-2020 at 8-30 to 10-30 AM at the house of Accused the inquest

P.A.S.J,NANDYAL13 SC.NO.166 OF 2024 was conducted by the police over the dead body of deceased keerthi.

While conducting inquest by the time himself, PW.5 and LW.8/N.

Narasimhulu and deceased relatives were present. After completion of inquest he affixed his signature in the inquest i.e, Ex.P3 which was already marked. After read over the contents of inquest report he affixed his signature along with him, PW.5 and LW.8/Narasimhulu affixed their signatures. The panchayatdars at the time of inquest came to collusion that the reasons for death of deceased Keerthi, accused No.1 has illegal contact with A2 and A1 constructed new house indebted for that the other accused also, if A1 got married A2 because she is a government employee she will support financially. So that they harassed the deceased and the deceased committed suicide. PW6 in cross examination denied the suggestion put by the learned counsel for the accused.

19. PW7 is medical officer deposed that on 11.10.2020 at 1-00 PM she conducted postmortem on the dead body of deceased Keerthi. After doing postmortem examination, no external injuries found except one ligature mark over the anterior side of the neck. Extending from 4 CM below right ear to 6 CM below the left ear and he sent viscera and contents to for

RFSL examination. After getting RFSL report from Kurnool, there is no poison substance in the viscera. She opined that the deceased died due to asphyxia due to ligature on neck due to hanging.

20. In cross examination of PW7 the Doctor admitted that under head and neck cupstion hyoid bone send for RFSL, Kurnool. As per expert opinion Ex.P6 reference Dis.No.788/820 and analysis report "hyoid bone and other neck structures were not found" (not sent by the Doctor who conducted autopsy) in case property. She further admitted that she did not sent hyoid bone and other neck structures to the RFSL, Kurnool. According to Ex.P4 she mentioned hyoid bone and neck structure sent for RFSL,

Kurnool. Actually she did not mentioned the time of death in P.M and final report. She did not mention the colour of death of deceased in PM examination only lividity present. She did not mention the time of death.

P.A.S.J,NANDYAL14 SC.NO.166 OF 2024 21. PW9 admitted in his cross examination, he did not seize photos, messages and cell phone of Accused No.1 in this case. All the witnesses stated that the marriage between A1 with deceased Keerthi held in the year 2009. He further admitted that according to his investigation there was no harassment after the marriage of deceased Keerhti with A1, six months prior to death of deceased Keerthi. He further admitted that after got acquaintance with A2 with A1 the harassment started. He did not enquiry the college principal, student and lecturers about the intimacy. He did not filed any photography to proof for the intimacy with A1 and A2. PW2 did not state before him, accused No.1 demanded Rs.10,00,000/- as dowry in the year 2012. PW1 did not state before him that A1 pledged a gold in bank to raise construction. A1 did not state before him that he may continued marital life with deceased if marry A2. PW1 did not state before him that the deceased Keerthi was remains in his house for period of 10 days prior to the death of 2 months. PW1 to PW4 did not state before him, the specific time, date and year of harassment in which manner. No receipts of purchasing of gold which was given at the time of marriage to the deceased. No documentary proof are not produced to him at the time of recording of statements by PW1 to PW4. He further admitted that PW1 to

PW4 did not provide any financial assistance to the A1 to raise construction of house. PW2 did not state before him that to accept A2 and A1 demanded to sign in the divorce paper and A2 also getting salary and the deceased Keerthi did not accept the same and she further stated that she also working at Good Shephard School and she did not accept with A2. He further admitted PW3 did not state before him that A1, A3, A4 went to the house of PW3 and asked her to convey and accept the 2nd marriage by the deceased Keerthi. Then, she refused the same, if they came again he wont allow to her house to them. He further admitted PW3 did not state

before him that A1 put up separate family for A2 , if deceased allowed to

marry, A2 give finance assistance. Rama Krishna PG college compound and college ground compound is different. PW3 did not state before him

P.A.S.J,NANDYAL15 SC.NO.166 OF 2024 that on 09.10.2020 at Rama Krishna PG college, A1 did not beat to the deceased Keerthi. PW4 did not state before him that A1 used to made phone call to A2 in the house and they are rooming outside of the college and then the deceased Keerthi started galata with A1 and the same was informed to her mother in law by deceased Keerthi, her brother in law

Venkata Ramudu and she also informed to PW4. PW5 did not present at the time of panchayath in between A1 and deceased Keerthi. He further admitted that Ex.P3 inquest report Column No.8 in 4th line mentioned that the deceased committed suicide by hanging with fan and also demarcation of the house as mentioned in the rough sketch. Further admitted that, in column No.9 mentioned the deceased committed suicide by way of hanging with saree to the fan. He did not seize the saree at the time of inquest and also mentioned the description of saree. MO.1 is saree was produced before JMFC Court, Nandyal not under either police proceedings or separate Panchanama. He did not secure any independent witness as shown in inquest report and other neighboring houses. He further admitted that he did not file any documentary proof that shows A1 having illegal intimacy with A2.

22. The citation filed by the defence counsel and relied the decision of

Hon’ble High Court of Andhra Pradesh at Hyderabad in Criminal Appeal

No.794 of 2007 dated 06.06.2013/08.07.2013 in between Syed Baji

Hussain Vs. State of A.P rep.by Public Prosecutor that In the absence of any specific information regarding the manner of harassment made prior to the death of deceased in connection with demand for dowry, conviction u/s.304-B IPC is not maintainable.

In another judgment of Bandakuri Parvathi

Vs.Bandakuri Vijaya Kumar and another reported

in 2003 (1) ASL (Crl.) 604 (AP), wherein his lordship held that Every act that may have resulted on account of differences between the wife and husband cannot be branded as cruelty as defined in explanation to Section

P.A.S.J,NANDYAL16 SC.NO.166 OF 2024 498-A IPC. It is only when the acts complained of are willful in nature and accentuated with the object of coercing the wife or any person related to her to meet the unlawful demand for any property or valuable security; that an offence under Section 498-A can be said to have been committed. None of these ingredients are even alleged, much less proved in the present case. In another judgment Dara Lakshmi Narayana &

Ors Vs. State of Telangana and Another decided on

10.12.2024, reported in 2025 AIR (Criminal)1, where in his lordship held that she has also not mentioned the time, date, place or manner in which the alleged harassment occurred Held that FIR lacks concrete and precise allegations – FIR shows that the allegations are vagueandomnibus.

There has been growing tendency to misuse provisions like Sec.498-A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife-Making vague and generalized allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and or her family.

To constitute an offence u/Sec.498A IPC, the harassment's to the women with a view to coercing her or any person related to her to meet any unlawful demand or any property or valuable security. Here the A1 to

A5 harassed mentally and cruelly the deceased Keerthi she must file a

Complaint against the accused. Here no such prior complaint against the

Accused are pending.

1. 2013(2) ALT (Crl.) Page 343 (AP), para:6

P.A.S.J,NANDYAL17 SC.NO.166 OF 2024

In the absence of an specific information regarding the manner of harassment made prior to the death of deceased in connection with demand of dowry, conviction u/Sec.304-B IPC is not maintainable

But he also failed to inform the manner in which the deceased was harassed In the absence of any specific information regarding the manner of harassment made prior to the death of the deceased, in connection with offence the conviction is not maintainable.

2. 2003 (1) ALD (Crl.) Page 604 (AP), Para 05

Every act that may have resulted on account of differences between the wife and the husband cannot be branded as cruelty as defined in explanation to section 498-A IPC. It is only when the acts complained of are willful in nature and accentuated with the object of coercing the wife or any person related to her to meet the unlawful demand for any property or valuable security, that an offence under section 498-A IPC can be said to have been committed None of these ingredients are even alleged, much less proved in the present case.

3. 2025 AIAR (Criminal) SC Page No.1 para. No.18 2328 32 833) Dara

Lakshmi Narayana & others Vs State of Telangana

When the FIR shows that the allegations are vague and omnibus and also not provided any specific details are described any particular instance of harassment and not mentioned the time, date, place or manner in which the alleged harassment occurred held that FIR loses sanctity.

4. 2024 (2) ALD (Crl) SC, PAGE 377 PARA

Every Matrimonial conduct which may cause annoyance to the other, may not account to Cruelty - Mere trivial irritations, Quarrels between spouses, which happen in day to day married life, may also not amount to

Cruelty.

As per evidence of PW1 in Chief Examination "in the year 2012 A1 demanded additional dowry of Rs.10 lakhs stating that he has to raise new

P.A.S.J,NANDYAL18 SC.NO.166 OF 2024 building. PW1 came to know the said fact from his mother who in-turn come to know his elder sister Keerthi that A1 was demanding additional dowry of Rs. 10 Lakhs for raising new houses and also harassed his sister

Keerthi to pledge the gold in bank and get loan for raising construction.

After came to know said harassment they advised his sister to adjust with accused and lead marital life. While so, A1 raised his house. Therefore he used to bring A2 into their house and A1 to A5 harass his sister Keerthi that she may continue her marital life with A1 though he had illegal contract with

A2 and they both have been in living relationship and she was not suppose to question the same" In cross examination of PW1 "It is not true to suggest that he did not state before police as in the year, 2012 A1 demanded additional dowry of

Rs.10 Lakhs stating that he has raised new building. It is true his brother- in-law /A1 constructed a new house in the year March, 2020. It is true his family members did not give any financial support for that construction. It is true he did not state before police as A1 necked out his deceased sister. It is true he stated before police in the year, 2012 accused demanded Rs.10

Lakhs as additional dowry from his deceased sister It is true no Panchayat took place regarding demanding of additional dowry. It is true PW1 did not state before police in which manner A1 harassed his deceased sister.

As per evidence of PW7/S.I who registered the case, in cross examination, "It is true in Ex.P8 (Complaint) does not contain the accused demanded Rs.10 lakhs from the deceased Keerthi. It is true there is no demand of dowry by the accused to the deceased prior to death of deceased 6 months back for construction of own house of A1" "It is true there are no specific instances i.e., date, time and year in which manner the accused No.1 harassed the deceased".

As per testimony of PW9/Investigating Officer in cross examination, "All the witnesses stated that the marriage between A1 with deceased

Keerthi held in the year, 2009. It is true according to his investigation there was no harassment after the marriage of the deceased Keerthi with A1, 6 months prior to death of deceased. PW1 did not state before him accused

P.A.S.J,NANDYAL19 SC.NO.166 OF 2024

No.1 demand Rs.10 Lakhs as dowry in the year, 2012. It is true PW1 did not state before him A1 necked out the deceased Keerthl. It is true PW1 did not state before him that Keerthi was remain in his house for a period of 10 days prior to death of 2 months. PW1 to 4 did not state before him the specific time, date and year of harassment in which manner no receipts of purchasing of gold which was given at the time marriage of the deceased.

No documentary proof are not produced to him at the time of recording of statements by PW1 to PW4. It is true PW1, PW2 and PW4 did not provide any financial assistance to accused No.1 to raise construction of house.

As per evidence of PW2 nowhere whisper about additional dowry demanded by the Accused either in chief or cross examination.

In cross examination, "We did not handed over receipts to the police they purchased gold by the time of her marriage. It is true he did not state about the dowry and gold which were given at the time of marriage of the deceased Keerthi and also asked signed in the divorce paper".

As per evidence of PW9/Investigating Officer in cross examination "It is true that PW2 did not state before him that to accept A2 and A1 demanded to sign in the divorce paper and A2 also getting salary and deceased Keerthi did not accept the same and she further stated that she also working at Good Shepherd school and she did not accept A2.

As per testimony of PW3 (Seshi Reddy) who is mediator in chief examination "he came to know that at the time of marriage Rs.2 lakhs and 12 tulas of gold given as dowry to the A1. The deceased Keerthi is Home maker and A1 is private lecturer in Venkateswara College. They used to took up Galata as lack of understanding. Due to that himself along with the father of LW7 Vamsi (PW6). Then he advised them to live amicably. They also accepted the same. Regarding that Nandyal II town police also gave counseling both of them. After some time the deceased committed suicide due to misunderstanding with A1. Police did not examined" (Turned

Hostile) Ex:P2 161 (3) Cr.PC Statement.

P.A.S.J,NANDYAL20 SC.NO.166 OF 2024

It clearly shows that no where whisper about the additional dowry or illicit intimacy in between A1 and A2 and also harassment in which manner made by the accused.

As per testimony of PW4 in chief examination, after the marriage they lived happily for 3 to 4 years, she blessed 2 children i.e., one boy and one girl now they are living with A1. A1 demanded to deceased Keerthi if she was not accepted marriage with A2, she will brought Rs.5 lakhs for

additional dowry because A2 is Job holder, because A1 has debts for

construction of house. After that Panchayat were conducted by them with

A1 and his family in the presence of Seshi Reddy(PW3), LW7/PW6

Vamshidhar(InquestPanchayathdar),Narasimhulu/LW8and

LW6/PW5(Inquest Panchayathdar) Venkata Kavita and his mother. He came to know through his mother.

ii. Seizure of Saree (M.O.1) and Inquest Report (Ex:P3)

As per testimony of PW5 in chief examination "he was present at the time of Inquest and prepare Inquest report in his presence. After knowing the contents of inquest report he signed in it.

As per evidence of PW6 in chief examination "While conducting inquest, report was prepared by the time himself PW5 and LW5

Narasimhulu (Given up) and deceased relatives were present after completion of Inquest he affixed his signature in the inquest".

As per evidence of PW9 in cross examination from bottom "It is true in

Ex:P3 (Inquest Report) column No.8 mentioned that the deceased committed suicide by hanging with fan and also demarcation of the house as mentioned in rough sketch (Ex:P10). It is true that the deceased committed the suicide by way of hanging with saree to the fan. It is true he did not seize the saree at the time of inquest and also mentioned the description of saree. It is true that the saree/Mo.1 was produced before

JMFC Court, Nandyal not under either in police proceedings nor separate

Panchanama.

P.A.S.J,NANDYAL21 SC.NO.166 OF 2024

As per evidence of PW10/Investigating Officer/Ramana in cross examination "It is true he did not mentioned about the saree seized (MO1) in his charge sheet. It is true he adding the words in writing in the charge sheet the saree which the deceased used for hanging.

It is submitted that the above testimonies clearly shows that in the presence of PW5 and PW6 the Investigating Officer(PW9) did not seize the

Saree (M.O.1) at the time of holding of Inquest. PW9 himself admits that the M.O.1 was produced before JMFC, Nandyal not under either police proceedings or under separate panchanama so M.O.1 is planted one. The seizure of M.O.1 is not believable.

iii. To constitute an offence the ingredients u/Sec.306 IPC

abatement U/s 107 IPC ingredients of abetting of thing has to be

proved.

1. 2010 SAR (Criminal page 661 Supreme Court, Para:24:28 Without a positive of the when part of accused to instigate or aid in committing suicide, conviction cannot be sustained for abatement to commit suicide u/Sec.306 IPC.

A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.

Abatement 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 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 Court is clear that in order to convict a person under

Section 306 IPC there has to be a clear mensrea to commit the offence.

23. The LW1- E.Padmavathi defacto complainant is the mother of the deceased Keerthi. Now, she is no more. PW1 is her son who is working in railways as supervisor at Guntur, after receiving the information as his sister deceased Keerthi died due to hanging. Meanwhile, the LW1-

P.A.S.J,NANDYAL22 SC.NO.166 OF 2024

E.Padmavathi mother of deceased gave report to the police. He identified his mother’s signature that was marked as Ex.P1 but he admitted in his cross examination he does not know the contents of the report of her deceased mother and he further admitted that he did not hand over the photographs and messages of A1 and A2 as they have illegal intimacy with each other and PW9 Investigating Officer also not obtained any photographs and videos and cell phone messages to show that A1 and A2 as illegal intimacy with each other. According to PW1 her sister marriage held in the year 2009 with A1, according to the Hindu customs. By the time of marriage, A1 is working at Venkateswara Junior College, Nandyal as a lecturer. After the marriage, she lived happily and blessed two children and they are residing at SBI Colony and A1 made construction for a new house by that time, he demanded additional dowry for the construction of the said house but no documentary proof filed by the prosecution to prove that at the time of marriage they gave 12 tulas of gold and Rs.2 lakh cash. PW1 further admitted he never gave any amount to the A1 even though, he demanded Rs.10 lakhs as additional dowry for the construction of house, as alleged by the prosecution, A1 pledged gold ornaments of deceased in the bank and made construction but no documentary proof was not filed.

A1 to A4 clearly says that the deceased had suffered hypothyroid health issue and no documentary proof of dowry of Rs.2,00,000/- and 12 Tulas of gold given at the time of marriage of A1 with deceased Keerthi, and Sec.3 & 4 of Dowry Prohibition Act not proved and no bills of purchasing of gold ornaments not filed before the Court.

24. The defence put evidence that the deceased son by name G.Neela

Sushanth Varma was examined as DW1 and through him Ex.D1 to D5 marked those are medical certificate of deceased Keerthi. It clearly shows that she suffered by hypothyroid.

25. PW2 sister in law of deceased Keerthi she also alleged that the relationship of A1 with A2 but no documentary proofs filed and PW9

Investigating Officer also admitted that he did not examine the principal of

P.A.S.J,NANDYAL23 SC.NO.166 OF 2024

Venkateswara College, Nandyal whether A1 and A2 have illegal intimacy and A2 studied in that college as a student. Hence, the relation ship between A1 with A2 did not proved by the prosecution. PW2 marriage was not performed with brother of the deceased Keerthi prior to her marriage itself the deceased Kirthi’s marriage performed with A1 so that, she does not know anything about the dowry and giving the money and gold at the time of marriage. PW3 is the paternal uncle of Keerthi he could not support the prosecution case and turned hostile.

26. In the result, Accused No.1 to 5 are found not guilty for the offence punishable under Section 498-A, 306 read with 34 of Indian Penal Code and Sec.3 and 4 of D.P Act and they are acquitted of the said offence under Section 235 (1) of Cr.P.C. The bail bonds of Accused along with their sureties shall remain in force for a period of six months from the date of this Judgment as required under section 437-A of Cr.P.C. MO.1 is the saree shall be destroyed after expiry of appeal time.

Dictation given to the Stenographer, transcribed by him, corrected, signed and pronounced by me in the open Court, this the 29 th day of April, 2026.

Principal Assistant Sessions Judge,

Nandyal.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: P.W.1.E.Kiran Kumar P.W.2.P.Chandana Priya P.W.3.V.Seshi Reddy

P.W.4.E.Mohan Prudviraj P.W.5.I.Venkata Kavitha P.W.6.K.Vamshidhar P.W.7.A.Prathiba Glory P.W.8.K.Nazeer Hussain P.W.9.E.Kambagiri Ramudu P.W.10.N.V.Ramana For Defence: D.W.1.G.Neela Sushanth Varma.

P.A.S.J,NANDYAL24 SC.NO.166 OF 2024

EXHIBITS MARKED

For Prosecution: Ex.P.1 Signature confronted to him in the report is that of his mother. Ex.P.2 Sec.161(3) Cr.P.C statement of PW3 Ex.P.3 Inquest report Ex.P.4 PME report Ex.P.5 RFSL final report Ex.P.6 Forensic Science report Ex.P.7 Final report Ex.P.8 Complaint of LW1 Ex.P.9 FIR Ex.P10 Rough sketch Ex.P11 Letter of advice Ex.P12 Letter of advice Ex.P13 Letter of JMFC, Nandyal to RFSL Kurnool. For Defence: Ex.D1. Bench (13 in number) of medical report of deceased Keerthi from VAsmshi Hospital, Kurnool. Ex.D2 is the Lab report of Dr.Lalpath Labs. Ex.D3 is the Prescription of Dr.A.M.Reddy (2 in number). Ex.D4 Medinova Diagnostic report Nandyal (2 in number). Ex.D5 Raghava Diagnostic report of deceased Keerthi.

Material Objects marked

MO.1: Saree used for hanging.

P.A.S.J, Nandyal.

P.A.S.J,NANDYAL25 SC.NO.166 OF 2024

PASJ,NDL1 SC.No.125 OF 2025

IN THE COURT OF PRL.ASSISTANT SESSIONS JUDGE AT NANDYAL IN THE COURT OF PRL.ASSISTANT SESSIONS JUDGE AT NANDYAL

Present: Smt S.Thangamani,Present: Smt S.Thangamani, Prl.Assistant Sessions Judge, NandyalPrl.Assistant Sessions Judge, Nandyal

Friday, the 08 th Friday, the 08 th day of May, 2026 day of May, 2026

SESSIONS CASE No.125 of 2025

(P.R.C.No.43/2023 on the file of Judicial Magistrate of First Class, Nandyal in Cr.No.54/2022 of Nandyal Taluka Police Station)Nandyal in Cr.No.54/2022 of Nandyal Taluka Police Station)

1. Name of the complainant: Sub Inspector of Police, Nandyal II Town Nandyal II Town P.S.,P.S.,

2. Name of the Accused: 1.Sreeramula Samuel 1.Sreeramula Samuel Raju @ Samuel Raj, Raju @ Samuel Raj,

2.Sreeramula Benjaman 2.Sreeramula Benjaman

3. Date of occurrence : 11.03.2022

4. Date of complaint :12.03.2022

5.Date of Committal:28.02.2024

6.Date of appearance of accused:12.09.2025

7. Date of commencement of trial :05.12.2025

8. Date of close of trial:06.02.2026

9.Date of sentence of order:08.05.2026

In the result, Accused No.1 & 2 are found not guilty for the offencesIn the result, Accused No.1 & 2 are found not guilty for the offences punishable u/Sec.323, 324 and 307 read with 34 of the Indian Penal Code,punishable u/Sec.323, 324 and 307 read with 34 of the Indian Penal Code, 1860 and they are acquitted of the said offences u/Sec.235 (1) of the Code1860 and they are acquitted of the said offences u/Sec.235 (1) of the Code of Criminal Procedure, 1973. . The bail bonds of Accused along with theirof Criminal Procedure, 1973The bail bonds of Accused along with their sureties shall remain in force for a period of six months from the date of thissureties shall remain in force for a period of six months from the date of this

Judgment as required under Section 437-A of the Code of CriminalJudgment as required under Section 437-A of the Code of Criminal

Procedure, 1973. M.O.No.1 is T-shirt, M.O.No.2 is night pant, M.O.No.3 isProcedure, 1973. M.O.No.1 is T-shirt, M.O.No.2 is night pant, M.O.No.3 is

Knife and M.O.No.4 is stone shall be destroyed after expiry of appeal time.Knife and M.O.No.4 is stone shall be destroyed after expiry of appeal time.

Explanation for the delay: The record in PRC.No.43/2023 of Judicial

Magistrate of First Class, Nandyal was submitted to the Court of Hon’ble

PASJ,NDL2 SC.No.125 OF 2025

Principal Sessions Judge, Kurnool on 04.12.2024 and the same was

received on 03.05.2025 and numbered as Sessions Case No.125/2025 by the Hon’ble Principal Sessions Judge, Kurnool for the offences punishable u/Sec.323, 324, 307 read with 34 of The Indian Penal Code, 1860 andu/Sec.323, 324, 307 read with 34 of The Indian Penal Code, 1860 made over the same to this Court for disposal according to law on 16.05.2025. The accused made their appearance before this Court on 12.09.2025 and on 07.10.2025 charges were framed. On 05.12.2025 LW1 & LW3 examined as PW1 & PW2, Ex.P1 marked. On 11.12.2025 LW4 examined as PW3. On 30.01.2026 LW11 examined as PW9. On 06.02.2026 Prosecution evidence closed. On 10.04.2026 Accused examined u/Sec.313 Cr.P.C. On 29.04.2026 arguments heard. On 08.05.2026 Judgment pronounced.

Sd/-Smt.S.Thangamani.,

PRL.ASSISTANT SESSIONS JUDGE,

NANDYAL.

1.Copy submitted to the Hon’ble Registrar (Judicial), High Court of Andhra Pradesh at Amaravathi through the Hon’ble District & Sessions Judge, Kurnool. 2.Copy submitted to the Hon’ble Director of Prosecutions, Government of Andhra Pradesh, Room Nos.109, 110, 111, 112, 1st floor, New HOD (R&B) M.G.Road, Vijayawada. 3.Copy submitted to the Hon’ble Prl. District Judge, Kurnool.

4. COPY TO THE JUDICIAL MAGISTRATE OF FIRST CLASS, NANDYAL.

PASJ,NDL3 SC.No.125 OF 2025

IN THE COURT OF THE PRINCIPAL ASSISTANT SESSIONS JUDGE,

NANDYAL

Present:- Smt.S.Thangamani,

Principal Assistant Sessions Judge, Nandyal.

Friday, the 08th day of May, 2026.

Sessions Case No.125 of 2025

State: Represented by the Sub-Inspector of Police, Nandyal II Town Police Station. … Complainant.

Vs.

1.Sreeramula Samuel Raju @ Samuel Raj, age 35 years, S/o.Sreeramula Prakasham, R/o.H.No.26-604-15, Venkatachalam Colony, Nandyal Town.

2.Sreeramula Benjaman, age 36 years, S/o.Yakud, age 36 years, H.No.28-403, V.C.Colony, Nandyal Town and District. Accused No.1 & 2 @@@@@

This Sessions Case came up before me on 07.05.2026 this day for hearing in the presence of Additional Public Prosecutor for the Complainant and of Sri M.R.Krishna Reddy, Advocate for the Accused No.1 & 2, and upon hearing the arguments on both sides, and upon perusal of the record, this Court delivered the following:-

PASJ,NDL4 SC.No.125 OF 2025

J U D G M E N T

1.The Sub-Inspector of Police, Nandyal II Town Police Station has filed charge sheet against the Accused No.1 & 2 for the offences punishable u/Secs.323, 324, 307 read with 34 of Indian Penal Code in Crime No.54 of 2022 of Nandyal II Town Police Station.

2. The case of the prosecution, in brief, is as follows:-

TheDefacto-complainant/LW1-Syed Ali Hyder is resident of Saleem

Nagar, Near Bharathi College, bearing H.No.25/419-C, Nandyal Town,

Kurnool District and living by running Ali Car Water Wash Shop along with his younger brother Ali Akbhar at Padmavathi Nagar in Nandyal Town. The

Accused Sreeramula Samuel Raju/A1 and Sreeramula Benjaman/A2 are residents of V.C.Colony, Nandyal Town. The Complainant has two sons and one daughter to their parents among them he is elder one and all are married and lived separately. The injured Imam Sah/LW2 who is the father of LW1/Syed Ali Hyder living by running Chicken Pakodi Petty Vendor shop near Yamaha Show Room, Sanjeevanagar Gate, Nandyal Town since 25 years. They are well known Sabina Begum, who loved the accused Samuel

Raju/A1 and got inter cast marriage with him as she was in their locality and same community as well as the Complainant worked at the Car Water shop of Mabu Hussain, who is father of Sabina Begum. About 02 years back due to their familiarity the Complainant/LW1 and his mother Karimun/LW3 gave debt amount to Sabina Begum when she asked for her family needs. On that the said Sabina Begum filed a case against her husband Samuel

Raju/A1 and lived separately at Saleem Nagar in Nandyal Town as the

Accused Samuel Raju did not look after her family welfare. While quarreling of both Sabina Begum and her husband Samuel Raju/A1 the Complainant/

PASJ,NDL5 SC.No.125 OF 2025

LW1/Syed Ali Hyder and his parents Imam Sa/LW2, Karimun/LW3 intervened to pacify them. Since then the Accused Samuel Raju/A1 grown up personal grudge on the Complainant/LW1/Syed Ali Hyder and Syed

Imam Sa/LW2 and LW3/Syed Karimun by keeping in mind on 11.03.2022 at about night hours 21-00 hours the Accused Samuel Raju/A1 and his younger brother Benjaman/A2 picked up quarrel with LW1-Syed Ali Hyder’s father Syed Imam Sa/LW2 and his mother Karimun/LW3 while they were doing their business at their Chicken Pakodi Petty Vendor shop and dragged his father Imam Sa/LW2 on the road and beaten indiscriminately with hands and legs. Then they fell down on the road while they were scuffing. Then the accused Samuel Raju/A1 took a knife which was found in

Chicken Pakodi Shop and stabbed the stomach and right thigh with an intention to kill Imam Sa/LW2 and also beaten him with stones over his head and back and caused multiple bleeding and contusion injuries. Then

Karimun/LW3 who is the wife/LW2 and Khaja/LW4 and some other neighbors intervened and rescue Imam Sa/LW2 from the clutches of A1 and

A2. Meanwhile the Shiva/LW5 who is an Auto driver rushed to his Car Water wash shop and informed about attack of the Accused/Samuel Raju/A1 and

Benjaman/A2 on LW1-Syed Ali Hyder, on knowing the incident, immediately

LW1-Syed Ali Hyder rushed to his father LW2/Imam Sa Chicken Pakodi

Shop along with Shiva/LW5 and noticed Imam Sa/LW2 suffering with multiple bleeding and contusion injuries. Then the Complainant/LW1 and his mother Karimun/LW3 shifted Imam Sa/LW2 to the District Government

Hospital, Nandyal in the Auto of Shiva/LW3 and got admitted at hospital for treatment. Then the Complainant/LW1-Syed Ali Hyder caused enquiry about the occurrence then his father/LW2 informed the same above. After getting treatment to his father Imam Sa/LW2, the Complainant/LW1-Syed Ali Hyder came to Police station on 12.03.2022 and presented written report about

PASJ,NDL6 SC.No.125 OF 2025 the occurrence. LW3/Syed Karimun, LW4/Shaik Khaja, LW5/Boya Shiva and LW6/Shaik Inthiyaz are witnesses to the occurrence of offence.

Basing on the written complaint of Complainant/Syed Ali Hyder/LW1, the S.I/G.Krishnamurthy/LW10 registered a case in Cr.No.54/2022, u/Sec.

323, 324, 307 r.w.34 of IPC of Nandyal II Town P.S., submitted FIRs copies to all the Officers concerned and took up investigation into this case.

During the course of investigation the S.I of Police/LW10 examined

LW1-Syed Ali Hyder, Syed Imam Sa/LW2, LW3/Syed Karimun, LW4/Shaik

Khaja, LW5/Boya Shiva and LW6/Shaik Inthiyaz recorded their detailed statements in his Part-II case diaries, seized blood stained cloths under cover of Police Proceedings, examined the scene of offence and prepared the scene observation P.Nama in the presence of LW7/Annapureddy

Sundaraiah and LW8/Shaik Abdul Kareem and also seized the crime weapon, a stone having blood stains.

During the course of investigation, on credible information S.I of

Police/LW10 arrested the Accused Samuel Raju/A1 near NGOs Colony turning, District Government Hospital, Nandyal on 14.03.2022 at 14-30 hours and sent him for remand to the Hon’ble Court.

The Accused Benjaman/A2 got anticipatory bail by the Hon’ble III

Additional District Judge, Nandyal on 17.08.2022 vide in

Crl.M.P.No.234/2022 and the Hon’ble Court ordered to executing a self

bond for Rs.25,000/- with two sureties for the like sum each to the satisfaction of the Judicial Magistrate of I Class, Nandyal with conditions to appeared before SHO, Nandyal II Town P.S on every Tuesday in between 8

AM to 12 AM till filing of charge sheet. Which ever occur early.

PASJ,NDL7 SC.No.125 OF 2025

Thus the Accused No.1 and 2 attempted to commit murder by beaten

LW2/Syed Imam Sa with hands and legs, stabbed with knife and stone and caused simple injuries to LW2/Syed Imam Sa thereby A1 and A2 committed punishable an offence u/Sec.323, 324, 307 r.w.34 of IPC. Hence, the charge.

3.The Judicial Magistrate of First Class, Nandyal took cognizance of the offence and numbered the case as PRC No.43 of 2023 and committed the case to the Honourable Principal District Court, Kurnool. The Honourable

Principal District Court, Kurnool numbered the case as Sessions Case

No.125 of 2025 and made it over to the Principal Assistant Sessions Judge,

Nandyal for disposal in accordance with law.

4.The Learned Additional Public Prosecutor opened the case of prosecution. After hearing both parties, on perusal of material available on record, it was found that there is a material to frame charge against the accused. Charges u/Sec.323, 324, 307 r.w.34 of IPC against A1 & A2 were framed, read over and explained to them in Telugu, for which they denied, pleaded not guilty and claimed to be tried.

5.To prove the case of prosecution, the prosecution has examined

P.W1 to 9 and got marked Ex.P1 to P7 and M.O.1 to 4.

6. On closure of evidence on the side of the prosecution, the Accused

No.1 & 2 were examined u/Sec.313 Cr.P.C to explained about the incriminating evidence appearing against them in the evidence of the prosecution witnesses, for which they denied the same and reported no defence evidence on their behalf.

PASJ,NDL8 SC.No.125 OF 2025

7.Heard the arguments of Learned Additional Public Prosecutor and the

Learned counsel for the Accused.

8.Now, the point for determination is:

“Whether the prosecution has proved the guilt of Accused No.1

and 2 for the offences charged beyond all reasonable doubt?”

P O I N T:-

9.Perused the record. In order to prove the guilt against the Accused

No.1 and 2 for the offences charged, the prosecution examined as many witnesses as P.W.1 to P.W.9. The criminal law was set into motion on the complaint given by P.W.1–Syed Ali Hyder and he testified in his evidence that, he has been residing at Saleem Naga, two sons and one daughter to his parents. He is living by Car water shop at Padmavathi Nagar. He married and blessed two sons. His father was doing Chicken Pakoda

Business on a Cart at Sanjeeva Nagar Gate near Yamaha Showroom. A1 and A2 are brothers. A1’s wife obtained loan for Rs.2,00,000/- from him. He knows father of Sameena Begum, because he worked in his shop. As like he acquaintance with the Sameena Begum. She performed love marriage with A1. She blessed one girl child. She requested him for an amount as A1 not looked after her. Because no talking terms with her father. Three years back he gave Rs.2,00,000/- for her necessity. After some days Sameena

Begum filed a criminal case against the A1. She left the Company of A1 and she stayed beside the house of her father. The said house also belongs to her father. After one week she left the Company of A1 and he came to the house of Sameena Begum and beat her because she filed Criminal case against him and left the Company of him. By the time her parents were not

PASJ,NDL9 SC.No.125 OF 2025 in the house. He is the resident of neighboring house of Mahaboob Hussain who is the father of Sameena Begum. By the time he went to the house of

Sameena Begum and rescued the Sameena in the hands of A1. Himself along with his parents(LW2/Syed Imam Sa. LW3/Syed Karimoon went there and rescued the hands of A1. A1 bore grudge because of that on 11-03- 2022 at 9-00 PM came to his father’s Chicken Pakoda stall by the time his mother also at the shop. By the time A1 and A2 went there and they both dragged his father on the road and beat him with hands and legs indiscriminately. His father pushed A1 and A2 on the Chicken Pakoda Cart.

Then A1 took a knife and stabbed on the stomach of his father and on right thigh and pushed on the ground and beat with stones. His father received injury on his head. He received bleeding injury from his stomach and right thigh. By the time neighbours rescued his father. A1 and A2 dragged their mother on the road and beat with hands and legs, due to that his mother is sugar patient and her sugar levels down for the act of A1 and A2. Then

LW.5/Boya Siva came to his car water service shed at Padmavathi Nagar and informed to him about the incident. Then he rushed to the scene of offence by the time A1 and A2 ran away. Then questioned his father he informed that A1 and A2 came to them to kill him as they bore grudge as they rescued the wife of A1 when he was beat her. Himself and Siva shifted them in an auto to the Government Hospital, Nandyal made phone call to the police they reached the hospital. He gave a complaint to the police at the hospital only. On the same day he handed over the complaint to the police. Ex.P1 is his complaint. On the next day on 12-03-2022 he shifted his parents to the KN Hospital for better treatment. The police came to the K.N

Hospital. On the same day police seized knife, stone, blood stain cloths T- shirt and night pant of his father.

PASJ,NDL10 SC.No.125 OF 2025

PW1 is the son of injured who gave the report to the Police. He admitted in his cross examination his Car Water Service shop situated at

Padmavathi Nagar beside the S.S.Super Market within a distance of half kilometer of the scene of offence. It is not possible to see what has happened in the Chicken Pakoda shop of his father. In the year, 2021 his father rescued beating of Sameena by A1. The said case S.C.No.32/2024 also pending before II Addl.Court, Nandyal in that case himself only witness his parents are not witnesses. Usually Chicken Pakoda Cart is running at 11-00 PM. He knows Sameena filed Divorce Petition before the III Addl.

District Court, Kurnool at Nandyal. A1 also engaged Counsel and contest the same. It clearly shows that there is previous disputes between the accused and PW1 because he worked in the shop of Sameena’s father Car

Wash Shop since his childhood. The owner’s daughter is the Sameena.

Sameena’s husband is A1 they both fell in love and got inter caste marriage, since then Sameena’s father not talking terms with Sameena.

The Sameena needs money by that time the parents of PW1 gave

Rs.2,00,000/- as debt to the Sameena Begum.

10.P.W2./Syed Karimoon is the resident of Nandyal town, she know the

Accused. PW 1 is her son LW2/Syed imam Sa was her husband who is no more. She know LW4/Shaik Khaja. LW5/Boya Siva and LW6/Shaik Inthiyaz herself and her husband LW2/Syed Imam Sa doing Chicken pakoda business. She has two sons and one daughter. PW.1 is running car wash shop. He knows Sameena Begum. PW.1 is her son was working in the car shop of father of Sameena Begum. They lived in the same street. Sameena

Begum got love marriage with A1. After give birth of Sameena Begum to the girl child came to her house and asked money for Rs 2,00,000/- to PW 1 for her necessities. Herself asked PW1 and gave to the Sameena Begum an

PASJ,NDL11 SC.No.125 OF 2025 amount of Rs.2,00,000/- at about 3 years back. After that Sameena begum came to her parent’s house, took up galata with A1. After 2 months of giving money, one day A1 came to Sameena's house and beat her. Herself, her husband and PW1 went to the house of Sameena and rescued from the hands of A1 and bore grudge against them. A1 and A2 came to her business point. A1 beat her husband initially. A1 took knife and stabbed on the stomach and right thigh to her husband and beat with a stone on his head by A1. Her husband received bleeding injuries. A1 pushed her, she fell on the road. The customers of Chicken pakoda shops rescued her and her husband. LW4/Shiak Khaja, LW.6/Shaik Inthiyaz and LW5/Boya Siva came and shifted her and her husband to the Government Hospital. Police came to the Government Hospital, Nandyal. PW.1 also came to them after receiving information from Boya Siva. PW1 also shifted them to the hospital.

After that they shifted to the private hospital for better treatment. Police came and examined her and recorded her statement. The knife which is used for stabbing which was kept on the top of the chicken pakoda cart, which was used by A1 to stab to LW2/Syed Imaam Sa. A1 came with an intention to kill them, due to grudge they rescued Sameena Begum in the hands of accused, when they lived separately.

PW2 is the mother of PW1. She admitted in her cross examination there is no documentary proof as she gave Rs.2,00,000/- to the Sameena

Begum. Prior to one year back, A1 beat Sameena, herself and her husband witnessed the same. She went to the hospital to see her husband Syed

Imam Sa at 10-30 PM. It clearly shows that she is not accompanied with her husband Syed Imam Sa at the Chicken Pakoda Shop. He knows as

Sameena Begum filed divorce case against A1. She further admitted that after getting divorce by Sameena Begum, PW1 and Sameena Begum will get married likewise they decided.

PASJ,NDL12 SC.No.125 OF 2025

11.PW3/Shaik Khaja is resident of Saleem Nagar, Nandyal Town. He knows both the accused. He knows PW1 who is not his relative. LW2/Syed

Imam Sa is father of PW1. He knows PW2, who is mother of PW1. He knows LW5/Boya Siva, LW6/Shaik Inthiyaz and LW7/Annapureddy

Sundaraiah. He has been running a welding shop for 23 years at Sanjeeva

Nagar Gate, Nandyal. On 11.03.2022 at 9-00 PM, while he was doing his work, he heard noise opposite direction of his shop, the others side of road one Chicken Pakoda shop on a cart. After heard noise he went to the

Chicken Pakoda Shop, he does not know one person who stabbed father of

PW1.

PW3 is the eye witness. He admitted in his cross examination. He reached the scene of offence by the time father of PW1 and accused made galata with each other. In that galata PW1’s father fell on the road due to beating of A1 and A2. After that A1 and A2 beat PW1’s father with stone.

PW1‘s received bleeding injury in his right arm, head and beat with stone on right arm and head and beat with stone on thigh of father of PW1. The accused threatened him they will beat him also. If he rescued the father of

PW1 so that he left the place and he went to his shop. After an hour PW1 came there and shifted his father to the Government Hospital, Nandyal. The next day he went to the PW2’s house and went for enquiry. He further admitted that PW1 is distance relative. His house is situated Saleem Nagar, his shop name is Imran Welding shop. He prepared damaged vehicles.

There is a road between his shop and shop of Chicken Pakodi Cart. They did not identify the witnesses who gathered on the road. Near to 20 to 30 persons were present at the time of galata. He did not reveal any identification marks of A1 and A2 to the police. He does not remember the father of PW1. The PW1 accompanied with him to the Court to give

PASJ,NDL13 SC.No.125 OF 2025 evidence. At the first instance he observed the accused No.1 and 2 in the

Court Hall.

12. PW4/Boya Siva Kumar, Auto driver deposed that he is a resident of

Nandyal town. He knows the Accused No.1 and 2. He knows PW1 to PW3.

LW2/Imam Sa, LW6/Shaik inthyaz. He is auto driver. On 11-03-2022 at 9-00

PM he was running auto with the passengers; the passengers boarded at

Sanjeeva Nagar gate and dropped the passenger at Municipal Office. When the passenger boarded at Sanjeeva Nagar gate he observed that there was galata between A1 and A2 made galata with LW2/Imam Sa and his wife/PW2. The Chicken pakoda shop belongs to Imam Sa. After dropped the passengers at Municipal Office, he went to PW1, when he was his car washing shop near the Municipal office, Nandyal informed about the beating of LW2/Imam Sa to PW.1. Himself and PW.1 went to scene of offence.

When they reached to scene of offence the Imam Sa fell on the road, the accused were left the place. He observed injuries of Imam Sa, on stomach, on right thigh, head and back of Imam Sa. They shifted the Imam Sa in his auto and joined in Govt.General Hospital, Nandyal for treatment. Then PW1 went to the Nandyal II town PS and gave report against the accused. He asked PW.2 what has happened for the reasons for galata. The A1 thought that the reasons for separated his wife from him by PW.1. PW.2 and LW2/

Imam Sa. When he observed the injuries of LW2/ Imam Sa at Govt.

Hospital he knows that the accused stabbed on stomach, right thigh of

LW2/Imam Sa. The blood was oozing from the injuries. The LW2/Imam Sa informed him the accused beat with stone on his head and on back of

LW2/Imam Sa. He received dumb injuries on his back. Police examined him on the next day and recorded his statement. The LW2/Imam Sa and PW.2 are the elders to separate A1 with his wife, so that A1 and A2 attempt to kill

PW.2 and LW2/Imam Sa.

PASJ,NDL14 SC.No.125 OF 2025

PW4 admitted in his cross examination, who is eye witness and also

Auto driver who shifted the injured Imam Sa to the Government Hospital,

Nandyal. He admitted that he does not know A1 and A2 he never saw them after observing galata also. He dropped the passengers. He did not observe the galata. He is not eye witness of the galata. He knows the PW1 who is residing in the same locality. The distance between his house and the house of PW1 is about half kilometer. He further admitted that he never tried to rescue the LW1/Imam Sa in the hands of accused, even-though they are known to him. He further admitted before the police, he became to know about the galatta through PW1. The PW1 accompanied with him two days to the Court. He does not know the family members of PW1.

13.PW5/Shaik Intiyaz/Lorry Mechanic, he is resident of Nandyal Town.

He knows the Accused No.1 and 2. He observed them at the time of galata i.e., on 11-03-2022. He knows PW1 to PW4 when he was suffering from gas problem, he went to Prince Medical shop to purchase tablets, at 9-00

PM. Some mob gathered around the Chicken Pakoda cart. By the time A1 and A2 dragged LW2/Syed Imam Sa and beat him with hands and legs and pushed him on the ground and took knife from the Chicken Pakodi cart by

A1 and stabbed on the stomach of LW2/Syed Imam Sa, on his right thigh and he received bleeding injuries. After that he fell on the ground. A1 and

A2 put the stones and beat on the head of LW2/Syed Imam Sa and his back. He received swelling injuries due to that beating. A1 threaten them with knife if anybody comes to rescue them, he will kill them also. Then did not try to rescue them due to fear of accused's threatening. After that the accused left the scene offence. After 10 minutes PW1 came in auto of PW.4 and himself shifted to LW2/Syed Imam Sa into the same auto to the

Govt.Hospital, Nandyal for treatment. He did not accompany in the auto. At

PASJ,NDL15 SC.No.125 OF 2025 the time of galata PW.2 also there. After that he enquired the reasons for the galata, PW2 revealed that herself and LW2/Syed Imam Sa tried to stop the galata in between wife of Accused No.1. A1 thought that they are the reasons for separation of his wife, so that he bore grudge against PW.2 and

LW2/Syed Imam Sa. A1 and A2 came to the Chicken Pakoda shop of

LW2/Syed Imam Sa, they will kill LW2/Syed Imam Sa and PW2. On the next day morning he came to know PW.1 went to the Nandyal II town PS and gave report against A1 and A2.

PW5 admitted in his cross examination A1 never approached for any mobile shop for his repairs, he does not know A1’s residence. He never saw the accused. His house situated near new Shama Kaluva bridge, Nandyal.

PW1’ house situated half kilometer from his house. He does not know the family disputes of A1 before this galata. PW1 accompanied with him to the court by while he was giving evidence.

14.PW6 is the seizure Mediator. He did not support the prosecution case. In this case seizure of M.O.No.1 and 2 not proved.

15.PW7/Dr.Shaik Mahaboob Basha, Assistant Professor, deposed that on 11-03-2022 patient was first seen by him at 10-40 PM and examined

LW2/S.Imam Sa and found the following injuries as 1) Right frontal region 2

X 2 CM abrasion. 2) Right knee joint 2 x 3 cm abrasion. 3) Left knee joint 2 x2 cm abrasion. 4) 2 x 1 cm abrasion above abdomen. 5) Right thigh lower 1/3 3 x 1 cm abrasion. 6) Pain and tenderness in scrotal region. CT Brain normal. USG abdomen no injuries. X-Ray is not done in Govt.Hospital,

Nandyal. Private Hospital Doctor revealed in his statement that lower limbs x-Ray done but no fractures. He opined that the nature of injuries are simple

PASJ,NDL16 SC.No.125 OF 2025 in nature. Accordingly he issued wound certificate of LW2/Syed Imam Sa which is marked as Ex.P3.

According to evidence of Medical Officer, he admitted that the patient is unconscious when he gave treatment. The patient did not reveal him how he got injuries. The patient son was informed me about the injuries. The patient also revealed who assaulted him i.e., assaulted by the Samuel Raju.

He further admitted that the above injuries are possible if a person fell on the ground. The injuries mentioned in Ex.P3 were possible.

16.PW8/G.Krishna Murthy, S.I of Police deposed that on 12-03-2022 while he was present in the Police Station PW1 came to P.S and submitted written report. Basing on the written report he registered a case in Cr.No.

54/2022 for the offence u/Sec.307, 323, 324 read with.34 of IPC and issued

FIR to all official concerned. Ex.P4 is the original FIR. Then he examined

PW1 and recorded his 161 Cr.PC statement at Police station. He went to

K.N.Hospital, Nandyal there he identified LW2/Syed Imam Sa, who was admitted in the hospital and PW2 examined them and recorded their 161

CP.C statements. He seized blood stained cloths i.e., T-Shirt and one night pant belongs to LW2/Sved Imam Sa and seized under cover of police proceedings which is marked as Ex.P5. Police proceedings was scribed by him. M.O.No.1 is the T-shirt. M.O.No.2 is the night pant. Then he reached to scene of offence situated near Sanjeeva Nagar gate, there he examined

PW.3, PW.4 and PW.5 and recorded their 161 Cr.P.C-statements. There he observed the scene and prepared rough sketch which is marked as Ex.P6.

He prepared scene observation-cum seizure panchanama, dated 12-3-2022 which is marked as Ex.P7. There he seized one stone and knife 11 cm length and sharp 12 CM with blood in the presence of Mediators. He prepared scene observation and seizure Panchanama, the same himself prepared. One constable PC.No.3280 typed the Panchanama on his

PASJ,NDL17 SC.No.125 OF 2025 dictation. He, Mediators and Constable PC.No.3280 signed on it. M.O.No.3 is the knife. M.O.No.4 is stone. Then he returned to the Police station along with seized property and seizure Panchanama. He received credible information about the presence of accused, himself along with his staff near

Govt. Hospital, Nandyal there he found one person standing on suspicious condition and on seeing the police party he tried to skulk away. Then with the help of staff caught hold him and on his interrogation he revealed his identity particulars and confessed commission of offence. Then informed the grounds of arrest and brought to the PS and after completion of legal formalities he sent the accused to the JMFC Court, Nandyal for judicial remand.

The PW8 Investigating Officer admitted that he did not examine any of the people who belong to Kumbakarna Dormitory which is nearby the scene of offence. He did not send the blood stains cloths i.e., M.O.No.1 and 2 to the expert to know the blood stains belongs to LW2/Imamsa. He seized the M.O.No.1 and 2 on the next day morning. The seizure Mediator turned hostile he could not support the prosecution case.

17.PW9/Sri K.Hari Prasad, S.I of Police deposed that on 08.11.2022 he received C.D file from PW8 for further investigation in this case and he verified the investigation done by PW8 is found in correct lines. On the same day he receiving wound certificates of LW2/Syed Imam Sa from PW7 and after completion of investigation he filed charge sheet against the accused No.1 and 2 u/Sec.323, 324, 307 read with 34 of IPC.

Here injured died. The injured shifted to GGH, Nandyal he did not give any statement to the police or doctor. The next PW1 gave report to the police. The counsel for the accused put a suggestion that the alleged offence took place in the night hours. Some unknown persons who had

PASJ,NDL18 SC.No.125 OF 2025 grudge with Imamsa made an offence, not the A1 and A2. A1 and A2 have no prior grudge and acquaintance with the LW2/Syed Imam Sa. According to PW2, who is the mother of PW1, PW1 planned to marry Sameena

Begum after getting divorce. The Divorce Petition still pending before III

Addl. District Court. Taking advantage those injuries of his father he gave false report against A1 & A2 who is the husband of Sameenas’s Begum and his brother to get revenge because he did not accept for the divorce and he contested the same. It clearly shows that there is previous grudges between

PW1 and A1 regarding the divorce. The eye witnesses are not support the prosecution case and seizure also not proved. Hence, prosecution has miserably failed to establish the guilt of the Accused No.1 and 2 for the offences charged beyond all reasonable doubt. Hence, the Accused No.1 and 2 are entitled for acquittal. Accordingly, the point is answered.

18. In the result, Accused No.1 & 2 are found not guilty for the offences punishable u/Sec.323, 324 and 307 read with 34 of the Indian Penal Code, 1860 and they are acquitted of the said offences u/Sec.235 (1) of the Code of Criminal Procedure, 1973. The bail bonds of Accused along with their sureties shall remain in force for a period of six months from the date of this

Judgment as required under Section 437-A of the Code of Criminal

Procedure, 1973. M.O.No.1 is T-shirt, M.O.No.2 is night pant, M.O.No.3 is

Knife and M.O.No.4 is stone shall be destroyed after expiry of appeal time.

Typed to my dictation by the Stenographer directly on the computer device, corrected, signed and pronounced by me in the open Court, this the 08 th day of May, 2026.

Sd/-Smt.S.Thangamani.,

Principal Assistant Sessions Judge,

Nandyal.

PASJ,NDL19 SC.No.125 OF 2025

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution:

P.W.1. Syed Ali Hyder

P.W.2. Syed Karimoon

P.W.3. Shaik Khaja

P.W.4. Boya Siva Kumar

P.W.5. Shaik Imtiyaz

P.W.6. Shaik Abdul Kareem Basha

P.W.7. Dr.Shaik Mahaboob Basha

P.W.8. G.Krishna Murthy(S.I of Police)

P.W.9. K.Hari Prasad (S.I of Police)

For Defence: -None-

EXHIBITS MARKED

For Prosecution:

Ex.P1 Complaint of P.W.1.

Ex.P2 Signature of PW6 in Scene observation & seizure Panchanama

Ex.P3 Wound Certificate

Ex.P4 F.I.R

Ex.P5 Police Proceedings

PASJ,NDL20 SC.No.125 OF 2025

Ex.P6 Rough sketch

Ex.P7 Seizure Panchanama

For Defence: -Nil-

Material Objects marked

For Prosecution:

M.O.1: T. Shirt

M.O.2: Night Pant

M.O.3: Knife

M.O.4: Stone.

For Defence:

-Nil-

Sd/-Smt.S.Thangamani.,

P.A.S.J, Nandyal.

1

IN THE COURT OF THE PRL.CIVIL JUDGE (SENIOR DIVISION) ATIN THE COURT OF THE PRL.CIVIL JUDGE (SENIOR DIVISION) AT

NANDYALNANDYAL

Present: Smt S.Thangamani,Present: Smt S.Thangamani,

Prl.Civil Judge (Senior Division), Nandyal.Prl.Civil Judge (Senior Division), Nandyal.

Thursday, the 30thThursday, the 30th day of April, 2026 day of April, 2026

Original Suit No.49/2025 Original Suit No.49/2025

Paradesi Jalapathi, S/o.Paradesi Jalapathi, 65 years, Paradesi Jalapathi, S/o.Paradesi Jalapathi, 65 years,

Hindu, Occupation:Retd. Medical Officer, Residing at Hindu, Occupation:Retd. Medical Officer, Residing at

Flat No.501, Sri Chowdeshwari Siva Sai Homes, Flat No.501, Sri Chowdeshwari Siva Sai Homes,

Road No.12 new Nanadi Hills beside Aparna TiffinRoad No.12 new Nanadi Hills beside Aparna Tiffin

Center, Ameerpet Phase I, Hyderabad City,Center, Ameerpet Phase I, Hyderabad City,

Telangana State.Telangana State.….. Plaintiff….. Plaintiff

V/sV/s

Paradesi Obulesu, S/o.Paradesi Jalapathi, 58 years, Paradesi Obulesu, S/o.Paradesi Jalapathi, 58 years,

Hindu, Occupation: Residing at Door No.28-1060-6, Hindu, Occupation: Residing at Door No.28-1060-6,

Sai Baba Nagar, Nandyal Town, Nandyal District.Sai Baba Nagar, Nandyal Town, Nandyal District. ….. Defendant. ….. Defendant.

@@@@@@@@@@

This suit is coming on 30.04.2026 befThis suit is coming on 30.04.2026 before me for final hearing inore me for final hearing in the presence of Sri V.Subba Reddy, the presence of Sri V.Subba Reddy, Advocate for the Plaintiff and ofAdvocate for the Plaintiff and of

Defendant remained ex-parte; and on careful perusal of materialDefendant remained ex-parte; and on careful perusal of material available on record and on hearing both the side and havingavailable on record and on hearing both the side and having considered the same, this Court delivered the following:considered the same, this Court delivered the following:

// J U D G M E N T // // J U D G M E N T //

1.1.This is suit filed by the Plaintiff against the Defendants forThis is suit filed by the Plaintiff against the Defendants for partition of Plaint schedule properties into two equal shares and allotpartition of Plaint schedule properties into two equal shares and allot 2 one such share i.e., half share to the Plaintiff and half share to theone such share i.e., half share to the Plaintiff and half share to the

Defendant and restrain the Defendant from alienating the suitDefendant and restrain the Defendant from alienating the suit schedules properties till the disposal of the suit and for costs.schedules properties till the disposal of the suit and for costs.

2.2.The averments of the Plaint are that:The averments of the Plaint are that:

The Plaintiff submits that he is resident of House bearingThe Plaintiff submits that he is resident of House bearing

No.8/1060-6 of Nandayal Town, Nandayal District. The Defendant whoNo.8/1060-6 of Nandayal Town, Nandayal District. The Defendant who is the younger brother of the Plaintiff is also resident of Sai Babais the younger brother of the Plaintiff is also resident of Sai Baba

Nagar of Nandyal town and Nandval District. The Plaintiff andNagar of Nandyal town and Nandval District. The Plaintiff and

Defendant are the sons of Paradesi Jalapathi and P.ChinnaDefendant are the sons of Paradesi Jalapathi and P.Chinna

Obulamma. The Suit schedule properties are the joint familyObulamma. The Suit schedule properties are the joint family properties of the Plaintiff and the Defendant. The mother of theproperties of the Plaintiff and the Defendant. The mother of the

Plaintiff and the Defendant namely Chinna Obualamma purchasedPlaintiff and the Defendant namely Chinna Obualamma purchased item No.1 of suit property from its lawful owner who is the GPA agentitem No.1 of suit property from its lawful owner who is the GPA agent of one Khuddus Ibrahim Saheb namely Abdul Khuddus under registerof one Khuddus Ibrahim Saheb namely Abdul Khuddus under register sale deed 17.09.1984 vide document No.5285 of 1984 for the validsale deed 17.09.1984 vide document No.5285 of 1984 for the valid consideration of Rs.5000/- and took possession of item No.1 of the suitconsideration of Rs.5000/- and took possession of item No.1 of the suit property during her life time she enjoyed the suit property withproperty during her life time she enjoyed the suit property with absolute rights and she died on 14.12.2020. During her life time sheabsolute rights and she died on 14.12.2020. During her life time she executed unregistered will dated 07.09.2018 by bequeathing all herexecuted unregistered will dated 07.09.2018 by bequeathing all her properties equally to her both sons namely P.Jalapathi the Plaintiffproperties equally to her both sons namely P.Jalapathi the Plaintiff herein and the Defendant namely P.Obulusu. The Plaintiff furtherherein and the Defendant namely P.Obulusu. The Plaintiff further submits that the Defendant to defeat the rights of the Plaintiff thoughsubmits that the Defendant to defeat the rights of the Plaintiff though it is joint family property he got mutated the name of his wife for itemit is joint family property he got mutated the name of his wife for item

No.3 of suit property by managing the revenue authorities of GospaduNo.3 of suit property by managing the revenue authorities of Gospadu

Mandal for the land situated at Sambavaram village. The Plaintiff hasMandal for the land situated at Sambavaram village. The Plaintiff has got half share in the above item No.3 of suit properties though thegot half share in the above item No.3 of suit properties though the

Defendant got mutated the name of his wife namely P.Vargini KumariDefendant got mutated the name of his wife namely P.Vargini Kumari in revenue records though the mother of the Plaintiff namely Chinnain revenue records though the mother of the Plaintiff namely Chinna 3

Obulamma is the owner of the item No.2 of suit property. The PlaintiffObulamma is the owner of the item No.2 of suit property. The Plaintiff further submits that item No.4 of suit property to an extent of Ac.0.33further submits that item No.4 of suit property to an extent of Ac.0.33 cents as per revenue records stands in the name of one Kandala Ravicents as per revenue records stands in the name of one Kandala Ravi

Kumar, S/o Lazarus. The mother of the Plaintiff has got half share andKumar, S/o Lazarus. The mother of the Plaintiff has got half share and his senior maternal aunt has got half share as both of them jointlyhis senior maternal aunt has got half share as both of them jointly purchased the Item No.4 of suit property. The Plaintiff furtherpurchased the Item No.4 of suit property. The Plaintiff further submits that the entire extent in item No.5 of the suit property issubmits that the entire extent in item No.5 of the suit property is

Ac.0.33 cents stands in the names of one Narayana Sarojanamma wifeAc.0.33 cents stands in the names of one Narayana Sarojanamma wife of Krishna Murthy and one Sabbinani Suresh Babu, S/o.S.Subba Rao.of Krishna Murthy and one Sabbinani Suresh Babu, S/o.S.Subba Rao.

The property is not yet sub divided. In the above property in Sy.No.214The property is not yet sub divided. In the above property in Sy.No.214 and Sy.No.215 the Plaintiff and Defendant has got Ac.0.31 cents ofand Sy.No.215 the Plaintiff and Defendant has got Ac.0.31 cents of land and as such Plaintiff and Defendant each would entitle forland and as such Plaintiff and Defendant each would entitle for

Ac.0.16.5 cents. The item No.6 and 7 of suit properties are the selfAc.0.16.5 cents. The item No.6 and 7 of suit properties are the self acquired properties of the father of the Plaintiff and Defendant namelyacquired properties of the father of the Plaintiff and Defendant namely

P.Jalapathi to an extent of acre 0.95 cents in Survey No.221,P.Jalapathi to an extent of acre 0.95 cents in Survey No.221,

Sambavaram village fields of Gospadu Mandal and land to an extentSambavaram village fields of Gospadu Mandal and land to an extent of Ac.0.30 cents in Sy.No.369, Sambavaram fields Gospadu Mandal.of Ac.0.30 cents in Sy.No.369, Sambavaram fields Gospadu Mandal.

The father of the Plaintiff and Defendant namely P.Jalapathi diedThe father of the Plaintiff and Defendant namely P.Jalapathi died intestate and therefore the Plaintiff and Defendant have got equalintestate and therefore the Plaintiff and Defendant have got equal share in the item No.6 and 7 of suit properties. It is further submittedshare in the item No.6 and 7 of suit properties. It is further submitted that the ancestral nature and character of the Plaint schedulethat the ancestral nature and character of the Plaint schedule properties did not change at any point of time despite the coming intoproperties did not change at any point of time despite the coming into existence of certain sham and nominal documents and thus after theexistence of certain sham and nominal documents and thus after the death of the mother of the Plaintiff and Defendant namely Chinnadeath of the mother of the Plaintiff and Defendant namely Chinna

Obulamma the present Plaintiff and the Defendant succeeded to theObulamma the present Plaintiff and the Defendant succeeded to the plaint schedule properties by survivor-ship and they are the membersplaint schedule properties by survivor-ship and they are the members of Hindu joint family owning and in joint possession of ancestral andof Hindu joint family owning and in joint possession of ancestral and joint family properties mentioned in the plaint schedule. Due tojoint family properties mentioned in the plaint schedule. Due to misunderstanding between womenfolk in the joint family the Plaintiffmisunderstanding between womenfolk in the joint family the Plaintiff 4 and Defendant started living separately and they have been enjoyingand Defendant started living separately and they have been enjoying the suit schedule mentioned properties jointly till today.the suit schedule mentioned properties jointly till today.

The Defendant managed revenue authorities Sirivella andThe Defendant managed revenue authorities Sirivella and

Gosapadu and got mutated the name of the wife of Defendant inGosapadu and got mutated the name of the wife of Defendant in revenue records suppressing the facts that the Plaintiff is also a legalrevenue records suppressing the facts that the Plaintiff is also a legal heir of P.Chinna Obulamma who is the title holder of the suitheir of P.Chinna Obulamma who is the title holder of the suit property. Thus, the Plaintiff submits that he being a member of theproperty. Thus, the Plaintiff submits that he being a member of the joint family along with Defendant though became divided in status,joint family along with Defendant though became divided in status, they have been enjoying the plaint schedule joint family properties asthey have been enjoying the plaint schedule joint family properties as co-owners. It is further submitted that there have beenco-owners. It is further submitted that there have been misunderstandings between the Plaintiff and the Defendant andmisunderstandings between the Plaintiff and the Defendant and

Plaintiff as the Defendant without the knowledge and consent of thePlaintiff as the Defendant without the knowledge and consent of the

Plaintiff, has been trying sell away the suit schedule properties toPlaintiff, has been trying sell away the suit schedule properties to third-parties. When the Plaintiff questioned the Defendant about histhird-parties. When the Plaintiff questioned the Defendant about his trying to sell away the suit schedule properties, he threatened that hetrying to sell away the suit schedule properties, he threatened that he would dispose of all the properties and the Plaintiff can do whateverwould dispose of all the properties and the Plaintiff can do whatever he wants. Further it is learnt that the Defendant is secretly trying tohe wants. Further it is learnt that the Defendant is secretly trying to sell away some of the suit schedule properties with the intention ofsell away some of the suit schedule properties with the intention of depriving the Plaintiff his legitimate shares therein. The Plaintiffdepriving the Plaintiff his legitimate shares therein. The Plaintiff requested orally the Defendant several times to come forward forrequested orally the Defendant several times to come forward for amicable partition of the suit schedule properties but the Defendantamicable partition of the suit schedule properties but the Defendant kept a deaf ear and kept postponing the same with some pretext or thekept a deaf ear and kept postponing the same with some pretext or the other to evade his share in the suit properties. In the aboveother to evade his share in the suit properties. In the above circumstances the Plaintiff is filing the present suit for partition of thecircumstances the Plaintiff is filing the present suit for partition of the suit schedule properties. The suit schedule properties may be dividedsuit schedule properties. The suit schedule properties may be divided into two equal shares and the Plaintiff is entitled for one such shareinto two equal shares and the Plaintiff is entitled for one such share over Item Nos.1 to 5 the Plaint schedule properties by taking intoover Item Nos.1 to 5 the Plaint schedule properties by taking into consideration the good and bad qualities of the suit properties. Henceconsideration the good and bad qualities of the suit properties. Hence this suit.this suit.

5

3. Suit summons are duly served on the Defendant but he failed to3. Suit summons are duly served on the Defendant but he failed to file the written statement and set exparte.file the written statement and set exparte.

4. Plaintiff examined herself as PW1 and marked Exs.A1 to A5 on4. Plaintiff examined herself as PW1 and marked Exs.A1 to A5 on his behalf. his behalf.

5. Now the point for consideration is whether the Plaintiff is entitled5. Now the point for consideration is whether the Plaintiff is entitled for partition of the Suit Schedule Property and for half share in thefor partition of the Suit Schedule Property and for half share in the schedule properties as claimed by him?schedule properties as claimed by him?

6. Heard the counsel for Plaintiff.6. Heard the counsel for Plaintiff.

7. Plaintiff to prove that he have got share in the Suit Schedule7. Plaintiff to prove that he have got share in the Suit Schedule

Properties examined himself as PW1. He deposed that the SuitProperties examined himself as PW1. He deposed that the Suit

Schedule Properties are ancestral properties of himself and DefendantSchedule Properties are ancestral properties of himself and Defendant being the Kartha of the Hindu joint family managing the propertiesbeing the Kartha of the Hindu joint family managing the properties and he have constructive possession of the same. His mother namelyand he have constructive possession of the same. His mother namely

Chinna Obulamma purchased Item No.1 of suit property from itsChinna Obulamma purchased Item No.1 of suit property from its lawful owner who is the GPA agent of one Khuddus Ibrahim Saheblawful owner who is the GPA agent of one Khuddus Ibrahim Saheb namely Abdul Khuddus under Registered Sale Deed, dated.17.09.1984namely Abdul Khuddus under Registered Sale Deed, dated.17.09.1984 vide document No.5285/1984 for the valid consideration of Rs.5,000/-vide document No.5285/1984 for the valid consideration of Rs.5,000/- and took possession of item No.1 of the suit property during herand took possession of item No.1 of the suit property during her lifetime she enjoyed the suit property with absolute rights and shelifetime she enjoyed the suit property with absolute rights and she died on 14.12.2020. He requested orally the Defendant several times todied on 14.12.2020. He requested orally the Defendant several times to come forward for amicable partition of the suit schedule properties bycome forward for amicable partition of the suit schedule properties by the Defendant kept a deaf order and kept postponing the same withthe Defendant kept a deaf order and kept postponing the same with some pretext or the other to evade his share in the suit properties.some pretext or the other to evade his share in the suit properties.

Therefore, he pray the Hon’ble Court may be pleased to pass aTherefore, he pray the Hon’ble Court may be pleased to pass a 6 preliminarily decree in his favour and against the Defendant as prayedpreliminarily decree in his favour and against the Defendant as prayed for in the plaint.for in the plaint.

8. In the result8. In the result, the suit is preliminarily decreed by dividing half, the suit is preliminarily decreed by dividing half share to the Plaintiff and half share to the Defendant and allotting oneshare to the Plaintiff and half share to the Defendant and allotting one such share to the Plaintiff and the remaining share to the Defendantsuch share to the Plaintiff and the remaining share to the Defendant equally. In the circumstance of the case both parties do bear their ownequally. In the circumstance of the case both parties do bear their own costs.costs.

Dictated to the Stenographer of this court, transcribed by him,Dictated to the Stenographer of this court, transcribed by him,

corrected and pronounced by me in open court, this the 30corrected and pronounced by me in open court, this the 30 th th day of day of

April, 2026. April, 2026.

Sd/-Smt.S.Thangamani., Sd/-Smt.S.Thangamani.,

Prl.Civil Judge(Senior Division), Prl.Civil Judge(Senior Division), Nandyal. Nandyal.

// APPENDIX OF EVIDENCE // // APPENDIX OF EVIDENCE //

-: WITNESSES EXAMINED :- -: WITNESSES EXAMINED :-

For Plaintiff : : For Plaintiff For Defendant: For Defendant:

P.W.1: P.JalapathiP.W.1: P.Jalapathi -None- -None-

// DOCUMENTS MARKED // // DOCUMENTS MARKED //

For Plaintiff : : For Plaintiff

Ex.A.1: is the Certified copy of Registered Sale Deed bearing Ex.A.1: is the Certified copy of Registered Sale Deed bearing

Document No.5285/1984 executed by the Abdul Khuddus in Document No.5285/1984 executed by the Abdul Khuddus in favour of Chinna Obulamma who is mother of the Plaintiff favour of Chinna Obulamma who is mother of the Plaintiff and Defendant, dated.17.09.1984. and Defendant, dated.17.09.1984.

Ex.A2: is the CC of Registered Gift Deed bearing document Ex.A2: is the CC of Registered Gift Deed bearing document

No.285/1995 executed by the Chinna Obulamma in favour of No.285/1995 executed by the Chinna Obulamma in favour of

Jwalapathi Obulesu, dt.16-01-1995. Jwalapathi Obulesu, dt.16-01-1995.

7

Ex.A3 is the original Un-Registered Will executed by Chinna Ex.A3 is the original Un-Registered Will executed by Chinna

Obulamma who is the mother of Plaintiff and Defendant.Obulamma who is the mother of Plaintiff and Defendant.

Dt.07-09-2018.Dt.07-09-2018.

Ex.A4 is the Genealogy Tree.Ex.A4 is the Genealogy Tree.

Ex.A5 is the Encumbrances certificate issued by SRO, Nandyal.Ex.A5 is the Encumbrances certificate issued by SRO, Nandyal.

For Defendant : For Defendant :

-Nil--Nil-

Sd/-Smt.S.T.M., Sd/-Smt.S.T.M.,

Prl.C.J(S.D)., Prl.C.J(S.D)., Nandyal. Nandyal.

IN THE COURT OF THE PRL.CIVIL JUDGE (SENIOR DIVISION) ATIN THE COURT OF THE PRL.CIVIL JUDGE (SENIOR DIVISION) AT

NANDYALNANDYAL

Present: Smt S.Thangamani,Present: Smt S.Thangamani,

Prl.Civil Judge (Senior Division), Nandyal.Prl.Civil Judge (Senior Division), Nandyal.

Thursday, the 30thThursday, the 30th day of April, 2026 day of April, 2026

Original Suit No.49/2025 Original Suit No.49/2025

Paradesi Jalapathi, S/o.Paradesi Jalapathi, 65 years, Paradesi Jalapathi, S/o.Paradesi Jalapathi, 65 years,

Hindu, Occupation:Retd. Medical Officer, Residing at Hindu, Occupation:Retd. Medical Officer, Residing at

Flat No.501, Sri Chowdeshwari Siva Sai Homes, Flat No.501, Sri Chowdeshwari Siva Sai Homes,

Road No.12 new Nanadi Hills beside Aparna TiffinRoad No.12 new Nanadi Hills beside Aparna Tiffin

Center, Ameerpet Phase I, Hyderabad City,Center, Ameerpet Phase I, Hyderabad City,

Telangana State.Telangana State.….. Plaintiff….. Plaintiff

V/sV/s

Paradesi Obulesu, S/o.Paradesi Jalapathi, 58 years, Paradesi Obulesu, S/o.Paradesi Jalapathi, 58 years,

Hindu, Occupation: Residing at Door No.28-1060-6, Hindu, Occupation: Residing at Door No.28-1060-6,

Sai Baba Nagar, Nandyal Town, Nandyal District.Sai Baba Nagar, Nandyal Town, Nandyal District. ….. Defendant. ….. Defendant.

@@@@@@@@@@

This is suit filed by the Plaintiff against the Defendant forThis is suit filed by the Plaintiff against the Defendant for partition of plaint schedule properties into three equal shares andpartition of plaint schedule properties into three equal shares and allot one such share to him and put him in separate possession of theallot one such share to him and put him in separate possession of the same and for costs.same and for costs.

Plaint presented on 29.07.2025 and filed on .07.2025.Plaint presented on 29.07.2025 and filed on .07.2025.

Cause of Action: Cause of action for the purpose of this suit arose asCause of Action: Cause of action for the purpose of this suit arose as

Plaintiff and Defendant are residing at Nandyal and due toPlaintiff and Defendant are residing at Nandyal and due to misunderstandings between the Plaintiff and Defendant and when themisunderstandings between the Plaintiff and Defendant and when the

Plaintiff asked about the partition the Defendant did not respondPlaintiff asked about the partition the Defendant did not respond anything and this Court has got jurisdiction of this Court. As theanything and this Court has got jurisdiction of this Court. As the

Plaint schedule property is situated at Nandyal Town and District, isPlaint schedule property is situated at Nandyal Town and District, is within the jurisdiction of this Court, this Court has got jurisdiction towithin the jurisdiction of this Court, this Court has got jurisdiction to entertain this Suit.entertain this Suit.

Valuation: For the purpose of court fee and jurisdiction the plaintValuation: For the purpose of court fee and jurisdiction the plaint schedule properties are valued at Rs.48,62,580/-, half share of theschedule properties are valued at Rs.48,62,580/-, half share of the

Plaintiff for Rs.24,31,290/-, J.V of Rs.36,46,935/- and a fixed C.F ofPlaintiff for Rs.24,31,290/-, J.V of Rs.36,46,935/- and a fixed C.F of

Rs.200/- is paid u/Sec.34(2) of APCF and nationally J.V of Rs.50,000/-Rs.200/- is paid u/Sec.34(2) of APCF and nationally J.V of Rs.50,000/- and S.V Act, 1956 and C.F of Rs.2,386/- u/Sec.26(c) of APCF and SVand S.V Act, 1956 and C.F of Rs.2,386/- u/Sec.26(c) of APCF and SV

Act.Act.

This suit is coming onThis suit is coming on 30.04.2026 bef 30.04.2026 before me for final hearing inore me for final hearing in the presence of Sri V. Subba Reddy, the presence of Sri V. Subba Reddy, Advocate for the Plaintiff and ofAdvocate for the Plaintiff and of

Defendant remained ex-parte; and on careful perusal of materialDefendant remained ex-parte; and on careful perusal of material available on record and on hearing both the side and havingavailable on record and on hearing both the side and having considered the same, this Court doth order and decree:considered the same, this Court doth order and decree:

i.that the suit be and the same is hereby preliminarilythat the suit be and the same is hereby preliminarily decreed by dividing half share to the Plaintiff and halfdecreed by dividing half share to the Plaintiff and half share to the Defendant and alloting one such such shareshare to the Defendant and alloting one such such share to the Plaintiff and the remaining share to the Defendantto the Plaintiff and the remaining share to the Defendant equally; andequally; and ii.that each party do bear their own costs.that each party do bear their own costs.

{Schedule attached}{Schedule attached}

Given under my hand and seal of this court, this the 30Given under my hand and seal of this court, this the 30 th th day day of April, 2026. of April, 2026.

Sd/-Smt.S.Thangamani., Sd/-Smt.S.Thangamani.,

Prl.Civil Judge(Senior Division), Prl.Civil Judge(Senior Division), Nandyal. Nandyal.

// Table of Costs// // Table of Costs//

Nil (CM & FC not filed) Nil (CM & FC not filed)

Sd/-Smt.S.T.M., Sd/-Smt.S.T.M.,

Prl.C.J(S.D)., Prl.C.J(S.D)., Nandyal. Nandyal.

SCHEDULE SCHEDULE

Item No.1Item No.1

Nandval District, previously Kurnool District, Nandyal SubNandval District, previously Kurnool District, Nandyal Sub

District Mulasagaram village fields vacant site to an extent of Ac.0.05District Mulasagaram village fields vacant site to an extent of Ac.0.05 cents Sy. No.640 with in the following boundaries:cents Sy. No.640 with in the following boundaries:

BOUNDARIESBOUNDARIES

East: 20 feet RasthaEast: 20 feet Rastha

West:N.Abdul Khuddus landWest:N.Abdul Khuddus land

North: N. Abdul Khuddus landNorth: N. Abdul Khuddus land

South P. Pedda Rangana LandSouth P. Pedda Rangana Land

Item No.2Item No.2

Nandyal District, Nandyal Sub District, Gospadu MandalNandyal District, Nandyal Sub District, Gospadu Mandal Sambavaram fields land to an extent of Ac.0.33 cents out of Ac.11.76Sambavaram fields land to an extent of Ac.0.33 cents out of Ac.11.76 cents in Sy.No.260 in katha number 446 with in the followingcents in Sy.No.260 in katha number 446 with in the following boundaries:boundaries:

BOUNDARIESBOUNDARIES

East: land of Chinna RajannaEast: land of Chinna Rajanna West P.Rajanna landWest P.Rajanna land North: RasthaNorth: Rastha South: land of Naga rajuSouth: land of Naga raju

Item No.3Item No.3

Nandyal District, Nandyal Sub District, Gospadu Mandal,Nandyal District, Nandyal Sub District, Gospadu Mandal, Sambavaram fields land to an extent of Ac.0.29 cents in Sy.No.81 inSambavaram fields land to an extent of Ac.0.29 cents in Sy.No.81 in Katha No.1066 with in the following boundaries:Katha No.1066 with in the following boundaries:

BOUNDARIESBOUNDARIES

East: RoadEast: Road West CannalWest Cannal North: land of mohan RaoNorth: land of mohan Rao South: land of YawanSouth: land of Yawan

Item No.4Item No.4

Nandyal District, Nandyal Sub District, Gospadu Mandal,Nandyal District, Nandyal Sub District, Gospadu Mandal, Sambavaram fields land to an extent of Ac.0.33 cents in LP No.66 inSambavaram fields land to an extent of Ac.0.33 cents in LP No.66 in Sy No. 274 B12 in katha No.1076 with in the following boundaries:Sy No. 274 B12 in katha No.1076 with in the following boundaries:

BOUNDARIESBOUNDARIES

East: Land of Pedda RangannaEast: Land of Pedda Ranganna West: RoadWest: Road North: others propertiesNorth: others properties South: other propertiesSouth: other properties

Item No.5Item No.5

Nandyal District, Nandyal Sub District, Gospadu Mandal,Nandyal District, Nandyal Sub District, Gospadu Mandal, Sambavaram fields land to an extent of Ac.0.30 cents in L.P.No.644 inSambavaram fields land to an extent of Ac.0.30 cents in L.P.No.644 in Sy.No.214 and 215 in katha No.570 with in the following boundaries:Sy.No.214 and 215 in katha No.570 with in the following boundaries:

BOUNDARIESBOUNDARIES

East land of P.RajannaEast land of P.Rajanna West P.PaveeduWest P.Paveedu North others propertyNorth others property South: others propertySouth: others property

Item No.6Item No.6

Nandyal District, Nandyal Sub District, Gospadu Mandal,Nandyal District, Nandyal Sub District, Gospadu Mandal, Sambavaram fields land to an extent of Ac.0.95 cents in Sy.No.221Sambavaram fields land to an extent of Ac.0.95 cents in Sy.No.221 with in the following boundaries:with in the following boundaries:

BOUNDARIESBOUNDARIES

East Pedda Rangaiah landEast Pedda Rangaiah land West: Y.Narasimulla landWest: Y.Narasimulla land North: CannalNorth: Cannal South: CannalSouth: Cannal

Item No.7Item No.7

Nandyal District, Nandyal Sub District, Gospadu Mandal,Nandyal District, Nandyal Sub District, Gospadu Mandal, Sambavaram fields land to an extent of Ac.0.30 cents in Sy.No.369Sambavaram fields land to an extent of Ac.0.30 cents in Sy.No.369 within the following boundaries:within the following boundaries:

BOUNDARIESBOUNDARIES

East: Land of R.MeddiletiEast: Land of R.Meddileti West land of YohanWest land of Yohan North: Others propertyNorth: Others property South: Others property.South: Others property.

Sd/-Smt.S.T.M., Sd/-Smt.S.T.M.,

Prl.C.J(S.D)., Prl.C.J(S.D)., Nandyal. Nandyal.

IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) :: DHONE

Present:- Smt.S.Thangamani,

Civil Judge (Senior Division), Dhone

Monday, the 10th day of February, 2025

INSOLVENCY PETITION N O .13/2024

1. Bestha Narayana

2. Bestha Veeresh … Petitioners -Versus-

1. Smt.T.Gurupadamma

2. B.Shiva Kumar

3. Telugu Bhaskar

4. Chinthalamma

5. M.Anjanappa

6. M.Chenna Keshavulu

7. K.E.Mahipal Goud

8. Madiga Padma Kumari

9. Ediga Srinivasulu 10.G.Akhileswara Reddy 11.Venkataramana Goud 12.Harijana Paulaiah 13.K.Krishna Murthy 14.Boya Chandra 15.Boya Venkatesh 16.Veera Kumar 17.Ranganna Adupodu @ Adupodu 18.Kuruva Naanepati 19.Boya Linganna 20.Telugu Nagaraju 21.Boya Sujatha 22.Telugu Sharadamma 23.Telugu Sunkanna 24.Kuruva Gongali Sunkanna 25.Gaddam Venkateswarlu 26.Kammari Naga Lakshmi 27.Nellibanda Lathif @ Addupodu 28.Telugu Someswari 29.Poola Gopi 30.T.Maddileti 31.Telugu Maddileti 32.Telugu Ranganna 33.K.Pullaiah 34.Y.Nallanna 35.Vadde Venkatesh 36.Vadde Nagaraju 37.Telugu Venkatamma 38.Telugu Savitramma 39.P.Srinivasa Reddy 40.Jangli Pedda Veeresh 41.Jangli Nadipi Veeresh 42.Jangli Veeresh 43.Jangli Thikka Swamy 44.Jangli Peddanna 45.Talari Shankamma 46.Vadde Eranna 47.Kondapalli Bharathi 48.Bandaru Venkataramudu 49.T.Bhagavanthu 50.T.Mohan 51.Telugu Ramanjani 52.Telugu Gangamma 53.Telugu Kulam Sangham, Rep. by T.Guruswamy, T.Bhagavanthu, T.Mallesh, T.Yadagiri 54.Talari Chinna Ranganna 55.Devula Dasthagiri 56.Bandaru Lakshmi Murthy 57.Chidugundu Shankar 58.P.Uday Kumar 59.K.Jangala Chinna Gopal 60.Yerukala Hanivesh 61.Yerukala Chinna Sunkanna 62.M.Ramesh Babu 63.Miskin Ram Prasad 64.Mitikiri Nageswara Rao 65.B.J.K.Jangala Ramudu 66.Y.Madhamma 67.Chakali Chennappa 68.Sanakannagari Lakshmanna 69.Sankannagari Madhu 70.Uppari Veera Sekhar 71.Boya Vijay 72.Boya Chinna Dasthagiri 73.Telugu Murali 74.Telugu Sudhakar 75.Chakali Chinna Maddileti 76.Chakali Maddiletamma 77.Chakali Krishnaiah 78.Chakali Chandranna 79.Chakali Mallikarjuna 80.Chakali Peddaiah 81.Chakali Venkatesh 82.Vadla Lakshmidevi 83.Boya Hanumanthu 84.Yerrapilligalla Hari 85.N.Ramakrishna 86.Gosi Kuruva Ramanji 87.Kuruva Anjinaiah 88.Benne Bajari 89.Benne Bheema Rayudu 90.Telugu Veeranna 91.Kesharam Urukundu 92.Dubba Ramanjaneyulu 93.Kummari Nadipi Ranganna 94.Boya Naga Maddi 95.Boya Talari Kumar 96.Boya Ramudu 97.Ediga Mohan 98.Chakali Murali 99.Boya Talari Maddileti 100.A.Srinivasulu 101.Kiran 102.T.Narasimhudu 103.Vadde Veeranjaneyulu 104.Yadavalli Hanumanthu 105.S.Bade Saheb 106.O.Nettikantayya 107.Yarukali Veeranna 108.Yarukali Urukundu 109.Yarukali Suri 110.Yarukali Veerendra 111.Ebuthi Mahesh … Respondents

This is a petition filed Under Sections 10 and 13 of Provincial Insolvency Act, praying this court to adjudicate the petitioners as Insolvents and to appoint Official Receiver to administer the assets of the petitioner with costs.

This petition is coming on this day before me for notice to Respondents in the presence of Sri E.Madhusudan Reddy, Sri C.V.Sreenivasulu, Advocates for petitioners and of Sri A.Sreedhar, Sri V.Ravi Prakash, Sri G.Lakshminarayana, Advocates for Respondents 1 to 3, 7, 39, Sri Kabeer Das, Sri C.Lakshmanna, Sri R.N.Kullai, Advocates for Respondents 75, 76, 81, 98, Sri J.Ravi Mohan, Sri P.Sunkaiah, Advocates for Respondent No.43, Sri N.Kristamaiah, Sri R.Ramudu, Sri T.E.Raghavendra Goud, Advocates for Respondents 68, 105, and Respondents 5, 6, 9, 10, 11, 14, 16, 21, 22, 23, 25, 26, 28, 31, 32, 33, 34, 37, 40, 47, 50, 52, 55, 57, 59, 62, 63, 67, 69, 70, 74, 77 to 80, 83, 84, 86, 88, 95, 97, 100, 102 to 104, 106, 111 remained exparte, as there is not filed General Publication, this court made the following:-

:: O R D E R ::

Batta paid along with petition and allowed. General Publication not filed. Hence, I.P dismissed for default.

Pronounced by me in open Court, on this the 10 th day of February, 2025.

Civil Judge (Senior Division),

Dhone.

Appendix of Evidence

-Nil-

CJ (SD), Dhone.

IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) :: DHONE

Present:- Smt.S.Thangamani,

Civil Judge (Senior Division), Dhone

Monday, the 10th day of February, 2025

INSOLVENCY PETITION N O .13/2024

1. Bestha Narayana, S/o B.Dasthagiri, aged 56 years, Hindu, R/o 8-1-169-12, Indira Nagar, Kothapeta, Dhone Town and Mandal, Kurnool District.

2. Bestha Veeresh, S/o Bestha Narayana, aged 27 years, Hindu, R/o 8-1-169-12, Indira Nagar, Kothapeta, Dhone Town and Mandal, Kurnool District. … Petitioners -Versus-

1. Smt.T.Gurupadamma, W/o T.Srinivasulu, aged 45 years, R/o T.Seshanna Nagar, Near Hosanna Mandir, Kallur Village & Mandal, Kurnool District.

2. B.Shiva Kumar, S/o B.Govindu, aged 30 years, R/o Hosanna Mandir, T.Seshanna Nagar, Kallur Village and Mandal, Kurnool District.

3. Telugu Bhaskar, S/o Not known, aged 37 years, R/o Near Indiramma Katta, Near Chennamma Circle, Kallur Village and Mandal, Kurnool District.

4. Chinthalamma, C/o Guru Padamma, aged 49 years, R/o Hosanna Mandir, T.Seshanna Nagar, Kallur Village and Mandal, Kurnool District.

5. M.Anjanappa, S/o M.Nagappa, aged 45 years, R/o Kambalapadu Village, Krishnagiri Mandal, Kurnool District.

6. M.Chenna Keshavulu, S/o M.Chinna Chennaiah, aged 50 years, R/o Peramala Village, Veldurthy Mandal, Kurnool District.

7. K.E.Mahipal Goud, S/o K.E.Bhaskar, aged 33 years, R/o Kambalapadu Village, Krishnagiri Mandal, Kurnool District.

8. Madiga Padma Kumari, D/o Lakshmi Devi, aged 39 years, R/o Kambalapadu Village, Krishnagiri Mandal, Kurnool District.

9. Ediga Srinivasulu, S/o Not known, aged 43 years, Kambalapadu Village, Krishnagiri Mandal, Kurnool District. 10.G.Akhileswara Reddy, S/o G.Vishnuvardhan Reddy, C/o Ranga Reddy, aged 35 years, R/o Gummakonda Village, Dhone Mandal, Kurnool District. 11.Venkataramana Goud, S/o Not known, aged 48 years, R/o Gummakonda Village, Dhone Mandal, Kurnool District. 12.Harijana Paulaiah, S/o Harijana Naganna, aged 43 years, R/o Gummakonda Village, Dhone Mandal, Kurnool District. 13.K.Krishna Murthy, S/o K.Venkataramudu, aged 36 years, R/o Mannemgunta Village, Krishnagiri Mandal, Kurnool District. 14.Boya Chandra, S/o Boya Thippanna, aged 33 years, R/o Burramdoddi Village, C.Belagal Mandal, Kurnool District. 15.Boya Venkatesh, S/o Boya Thippanna, aged 33 years, R/o Burramdoddi Village, C.Belagal Mandal, Kurnool District. 16.Veera Kumar, C/o Boya Venkatesh, aged 43 years, R/o Burramdoddi Village, C.Belagal Mandal, Kurnool District. 17.Ranganna Adupodu, S/o Not known, aged 36 years, R/o Kairavadi Village, Gonegandla Mandal, Kurnool District.

18.Kuruva Naanepati, S/o Kuruva Gurupadappa, aged 35 years, R/o Jalapuram Village, Aspari Mandal, Kurnool District. 19.Boya Linganna, S/o Not known, aged 48 years, R/o Guduru Village and Mandal, Kurnool District. 20.Telugu Nagaraju, S/o Telugu Lakshappa, aged 43 years, R/o Guduru Village and Mandal, Kurnool District. 21.Boya Sujatha, W/o Boya Krishna, aged 38 years, R/o Karivemula Village, Devanakonda Mandal, Kurnool District. 22.Telugu Sharadamma, W/o Telugu Vannurappa, aged 35 years, R/o Karivemula Village, Devanakonda Mandal, Kurnool District. 23.Telugu Sunkanna, S/o Not known, aged 50 years, R/o Karivemula Village, Devanakonda Mandal, Kurnool District. 24.Kuruva Gongali Sunkanna, S/o Kuruva Gongali Sharvanna, aged 45 years, R/o Kairuppala Village, Aspari Mandal, Kurnool District. 25.Gaddam Venkateswarlu, S/o Gaddam Anjaneyulu, aged 43 years, R/o P.Kotakonda Village, Devanakonda Mandal, Kurnool District. 26.Kammari Naga Lakshmi, W/o K.Chinna Rangaswamy, aged 38 years, R/o Nellibanda Village, Devankonda Mandal, Kurnool District. 27.Nellibanda Lathif @ Addupodu, S/o Not known, aged 45 years, R/o Nellibanda Village, Devankonda Mandal, Kurnool District. 28.Telugu Someswari, S/o Telugu Chakravarthy, aged 38 years, R/o P.Kotakonda Village, Devanakonda Mandal, Kurnool District. 29.Poola Gopi, S/o Poola Seetharama Naidu, aged 38 years, R/o H.No.85-119-1, Shareen Nagar, Kallur Village and Mandal, Kurnool District. 30.T.Maddileti, S/o T.Sunkanna, aged 39 years, R/o Pulluru Village, Undavelli Mandal, Jogulamba Gadwal District, Telangana State. 31.Telugu Maddileti, S/o T.Venkateshwarlu, aged 45 years, R/o H.No.3/138/1, Peddapadu Village, Kallur Mandal, Kurnool District. 32.Telugu Ranganna, S/o T.Vema Reddy, aged 42 years, R/o Opposite to Sunkulamma Temple, K.Nagalapuram Village, Guduru Mandal, Kurnool District. 33.K.Pullaiah, S/o K.Sunkanna, aged 42 years, R/o H.No.3-22, Peddapadu Village, Kallur Mandal, Kurnool District. 34.Y.Nallanna, S/o Y.Thimmanna, aged 60 years, R/o H.No.49/50A, 252, C-Camp, Sriram Nagar, Kallur Village and Mandal, Kurnool District. 35.Vadde Venkatesh, S/o Vadde Petanna, aged 48 years, R/o Near Bellary Chourastha, New Bus stand Road, VNS Fish Center Shop, Kallur Village and Mandal, Kurnool District. 36.Vadde Nagaraju, S/o Vadde Petanna, aged 45 years, R/o Near Bellary Chourastha, New Bus stand Road, VNS Fish Center Shop, Kallur Village and Mandal, Kurnool District. 37.Telugu Venkatamma, W/o not known, aged 60 years, R/o C-Camp, Nandikotkur Road, Fish Centre on Road side, Kallur Village and Mandal, Kurnool District. 38.Telugu Savitramma, M/o Telugu Ramudu, aged 60 years, R/o Old Bus stand Road, Near Kondareddy Buruju, Opposite Poola Bajar, Fish Market, Kallur Village and Mandal, Kurnool District. 39.P.Srinivasa Reddy, S/o P.Vema Reddy, aged 43 years, R/o Kulumala Village, Gonegandla Mandal, Kurnool District. 40.Jangli Pedda Veeresh, J.Pedda Goudappa, aged 42 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 41.Jangli Nadipi Veeresh, S/o J.Pedda Goudappa, aged 44 years,

R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 42.Jangli Veeresh, S/o J.Pedda Goudappa, aged 43 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 43.Jangli Thikka Swamy, S/o Jangli Thikkanna, aged 43 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 44.Jangli Peddanna, S/o Jangli Thikkanna, aged 49 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 45.Talari Shankamma, W/o Talari Pedda Balanna, aged 60 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 46.Vadde Eranna, S/o Vadde Seshanna, aged 48 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 47.Kondapalli Bharathi, W/o Kondapalli Dasthagiri, aged 36 years, R/o Budugajangala Veedhi, Kodumur Village and Mandal, Kurnool District. 48.Bandaru Venkataramudu, S/o Bandaru Hanumanthu, aged 50 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 49.T.Bhagavanthu, S/o Telugu Mallanna, aged 55 years, R/o Telugu Veedhi, B.C.Colony, Potlapadu Road, Kunkanur Village, Devanakonda Mandal, Kurnool District. 50.T.Mohan, S/o T.Mallanna, aged 50 years, R/o Telugu Veedhi, B.C.Colony, Potlapadu Road, Kunkanur Village, Devanakonda Mandal, Kurnool District. 51.Telugu Ramanjani, S/o T.Mallanna, aged 45 years, R/o Telugu Veedhi, B.C.Colony, Potlapadu Road, Kunkanur Village, Devanakonda Mandal, Kurnool District. 52.Telugu Gangamma, W/o Telugu Hampaiah, aged 43 years, R/o Telugu Veedhi, B.C.Colony, Potlapadu Road, Kunkanur Village, Devanakonda Mandal, Kurnool District. 53.Telugu Kulam Sangham, Rep. by T.Guruswamy, T.Bhagavanthu, T.Mallesh, T.Yadagiri, R/o Telugu Veedhi, B.C.Colony, Potlapadu Road, Kunkanur Village, Devanakonda Mandal, Kurnool District. 54.Talari Chinna Ranganna, S/o Talari Pedda Balanna, aged 39 years, R/o B.C.Colony, Potlapadu Road, Kunkanur Village, Devanakonda Mandal, Kurnool District. 55.Devula Dasthagiri, S/o Devula Budda Govindu, aged 45 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 56.Bandaru Lakshmi Murthy, S/o Bandaru Pedda Thikkanna, aged 45 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 57.Chidugundu Shankar, S/o Not known, aged 40 years, R/o Lakshmi Nagar, Yemmiganur Road, Near New Bus Stand, Kodumur Village and Mandal, Kurnool District. 58.P.Uday Kumar, S/o P.Mangali Raju, aged 30 years, R/o H.No.11/63-A, Kota Street, Opp:Camp office, Kodumur Village and Mandal, Kurnool District. 59.K.Jangala Chinna Gopal, S/o K.Jammanna, aged 51 years, R/o Budaga Jangala Veedhi, Nagarjuna School Road, Kodumur Village and Mandal, Kurnool District. 60.Yerukala Hanivesh, S/o Not known, aged 48 years, R/o KVR Colloge Road, Kodumur Village and Mandal, Kurnool District. 61.Yerukala Chinna Sunkanna, S/o Y.Hanumanthu, aged 52 years,

R/o Kota Street, Kodumur Village and Mandal, Kurnool District. 62.M.Ramesh Babu, S/o M.Linganna @ Bank Linganna, aged 48 years, R/o H.No.18-210-6-212, Lakshmi Nagar, Yemmiganur Road, Kodumur Village and Mandal, Kurnool District. 63.Miskin Ram Prasad, S/o not known, aged 50 years, C/o Sri Raja Rajeswari Granites and Tiles, Kurnool Road, Near H.P Petrol Bunk, Kodumur Village & Mandal, Kurnool District. 64.Mitikiri Nageswara Rao, S/o Not known, aged 50 years, R/o Kondapeta, Tagore School Road Line, Kodumur Village and Mandal, Kurnool District. 65.B.J.K.Jangala Ramudu, S/o B.J.K.Janardhan, aged 50 years, R/o Buduga Jangala Veedhi, Yemmiganur Road, Near New Bus stand, Kodumur Village & Manadal, Kurnool District. 66.Y.Madhamma, W/o Yerukala Ramanjineyulu, C/o Yerukala Sudhakar, aged 56 years, R/o Near New Bus stand, Kodumur Village & Manadal, Kurnool District. 67.Chakali Chennappa, S/o Chakali Karrenna, aged 55 years, R/o H.No.1-14, Varkur Village, Kodumur Mandal, Kurnool District. 68.Sanakannagari Lakshmanna, S/o Madanna, aged 52 years, R/o H.No.2-11, Varkur Village, Kodumur Mandal, Kurnool District. 69.Sanakannagari Madhu, S/o Sanakannagari Rama Chandrudu, aged 30 years, R/o Varkur Village, Kodumur Mandal, Kurnool District. 70.Uppari Veera Sekhar, S/o Uppari Pedda Narasimhulu, aged 31 years, R/o H.No.2-83, Varkur Village, Kodumur Mandal, Kurnool District. 71.Boya Vijay, S/o B.Mallikarjuna, aged 31 years, R/o Varkur Village, Kodumur Mandal, Kurnool District. 72.Boya Chinna Dasthagiri, H/o B.Veereshamma, aged 42 years, R/o Varkur Village, Kodumur Mandal, Kurnool District. 73.Telugu Murali, S/o Telugu Krishnanna, aged 46 years, R/o Varkur Village, Kodumur Mandal, Kurnool District. 74.Telugu Sudhakar, S/o Telugu Krishnanna, aged 32 years, R/o Varkur Village, Kodumur Mandal, Kurnool District. 75.Chakali Chinna Maddileti, S/o Chakali Pedda Somanna, aged 39 years, R/o Machapuram Village, Devanakonda Mandal, Kurnool District. 76.Chakali Maddiletamma, W/o Chakali Muneppa, aged 35 years, R/o Machapuram Village, Devanakonda Mandal, Kurnool District. 77.Chakali Krishnaiah, S/o Chakali Hanumanthu, aged 55 years, R/o Machapuram Village, Devanakonda Mandal, Kurnool District. 78.Chakali Chandranna, S/o Chakali Pedda Somanna, aged 40 years, R/o Machapuram Village, Devanakonda Mandal, Kurnool District. 79.Chakali Mallikarjuna, S/o C.Sunkanna, aged 45 years, R/o Machapuram Village, Devanakonda Mandal, Kurnool District. 80.Chakali Peddaiah, S/o Not known, aged 48 years, R/o Machapuram Village, Devanakonda Mandal, Kurnool District. 81.Chakali Venkatesh, S/o Chakali Dasthagiri, aged 53 years, R/o Machapuram Village, Devanakonda Mandal, Kurnool District. 82.Vadla Lakshmidevi, W/o Vadla Rameswarayya, aged 40 years, R/o Machapuram Village, Devanakonda Mandal, Kurnool District. 83.Boya Hanumanthu, S/o Boya Sunkanna, aged 46 years, R/o H.No.2-80, Bodepadu Village, Gonegandla Mandal, Kurnool District. 84.Yerrapilligalla Hari, S/o Y.Gorantla, aged 39 years, R/o P.Kotakonda Village, Devanakonda Mandal, Kurnool District. 85.N.Ramakrishna, S/o N.Manikyam, aged 45 years, R/o Near Auto Stand,

Kunkanur Village, Devanakonda Mandal, Kurnool District. 86.Gosi Kuruva Ramanji, S/o Gosi Munemma, aged 52 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 87.Kuruva Anjinaiah, S/o Kuruva Sanjanna, aged 60 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 88.Benne Bajari, S/o Benne Pedda Linganna, aged 53 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 89.Benne Bheema Rayudu, S/o Benne Sanjappa, aged 55 years, R/o Devanakonda Cross, Kunkanur Village, Devanakonda Mandal, Kurnool District. 90.Telugu Veeranna, S/o Telugu Dasthagiri, aged 45 years, R/o Potlapadu Road, Kunkanur Village, Devanakonda Mandal, Kurnool District. 91.Kesharam Urukundu, S/o Kesharam Bheeranna, aged 55 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 92.Dubba Ramanjaneyulu, S/o Uppara Lakshmanna, aged 52 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 93.Kummari Nadipi Ranganna, S/o Kummari Mahadevappa, aged 45 years, R/o Kunkanur Village, Devanakonda Mandal, Kurnool District. 94.Boya Naga Maddi, S/o Boya Useni, aged 50 years, R/o Burrakunta Village, Devanakonda Mandal, Kurnool District. 95.Boya Talari Kumar, S/o Boya Talari Pedda Venkappa, aged 45 years, R/o K.Venkatapuram Village, Devanakonda Mandal, Kurnool District. 96.Boya Ramudu, S/o Not known, aged 50 years, R/o Pattikonda Road, Near Bus stand, Devanakonda Village & Mandal, Kurnool District. 97.Ediga Mohan, S/o Shivanna Goud, aged 42 years, R/o Devanakonda Village & Mandal, Kurnool District. 98.Chakali Murali, S/o Chakali Ranganna, aged 37 years, Auto Driver, R/o Devanakonda Village & Mandal, Kurnool District. 99.Boya Talari Maddileti, C/o Boya Ramudu, aged 39 years, R/o Devanakonda Village & Mandal, Kurnool District. 100.A.Srinivasulu, S/o A.Kaulutlaiah, aged 49 years, R/o Gudimiralla Village, Devanakonda Mandal, Kurnool District. 101.Kiran, C/o Mallikarjuna, aged 45 years, R/o Sunkesula Village, Kallur Mandal, Kurnool District. 102.T.Narasimhudu, S/o T.Ramudu, aged 48 years, R/o Karivemula Village, Devanakonda Mandal, Kurnool District. 103.Vadde Veeranjaneyulu, S/o V.Anjineya, aged 45 years, R/o Karivemula Village, Devanakonda Mandal, Kurnool District. 104.Yadavalli Hanumanthu, S/o Y.Jammanna, aged 48 years, R/o Kodumur Village and Mandal, Kurnool District. 105.S.Bade Saheb, S/o S.Najeer, aged 39 years, R/o Kukanur Village, Devanakonda Mandal, Kurnool District. 106.O.Nettikantayya, S/o O.Surendra, aged 52 years, R/o Alamkonda Village, Krishnagiri Mandal, Kurnool District. 107.Yarukali Veeranna, S/o Y.Sunkanna, aged 48 years, R/o Near New Bus stand, Yemmiganur Road, Kodumur Village & Mandal, Kurnool District. 108.Yarukali Urukundu, S/o Y.Sunkanna, aged 45 years, R/o Near New Bus stand, Yemmiganur Road, Kodumur Village & Mandal, Kurnool District.

109.Yarukali Suri, S/o Y.Sunkanna, aged 32 years, R/o Near New Bus stand, Yemmiganur Road, Kodumur Village & Mandal, Kurnool District. 110.Yarukali Veerendra, S/o Y.Sunkanna, aged 33 years, R/o Kodumur Village & Mandal, Kurnool District. 111.Ebuthi Mahesh, S/o Ebuthi Marappa, aged 50 years, R/o Near New Bus stand, Yemmiganur Road, Kodumur Village & Mandal, Kurnool District. … Respondents

This is a petition filed Under Sections 10 and 13 of Provincial Insolvency Act, praying this court to adjudicate the petitioners as Insolvents and to appoint Official Receiver to administer the assets of the petitioner with costs. A Court Fee of Rs.10/- is paid under Article II (L) schedule II of the A.P.Court Fees and S.V.Act.,

The cause of action for the petition arose on various dates when the petitioners borrowed the amounts from their creditors/respondents, when they sustained huge loss in their business, when the creditors pressurized for their amounts, when the Respondents 9, 10, 13 and 15 manhandled them and obtained empty signed cheques and when they tried the petitioner and when the petitioner expressed their inability to discharge the debts and continues till today and the petitioners residing at Kothapeta, Dhone Town and Mandal, hence this court has got jurisdiction to entertain the petition.

This petition is coming on this day before me for notice to Respondents in the presence of Sri E.Madhusudan Reddy, Sri C.V.Sreenivasulu, Advocates for petitioners and of Sri A.Sreedhar, Sri V.Ravi Prakash, Sri G.Lakshminarayana, Advocates for Respondents 1 to 3, 7, 39, Sri Kabeer Das, Sri C.Lakshmanna, Sri R.N.Kullai, Advocates for Respondents 75, 76, 81, 98, Sri J.Ravi Mohan, Sri P.Sunkaiah, Advocates for Respondent No.43, Sri N.Kristamaiah, Sri R.Ramudu, Sri T.E.Raghavendra Goud, Advocates for Respondents 68, 105, and Respondents 5, 6, 9, 10, 11, 14, 16, 21, 22, 23, 25, 26, 28, 31, 32, 33, 34, 37, 40, 47, 50, 52, 55, 57, 59, 62, 63, 67, 69, 70, 74, 77 to 80, 83, 84, 86, 88, 95, 97, 100, 102 to 104, 106, 111 remained exparte, as there is not filed General Publication, this court doth order and decree as follows:

1. That the petition be and the same is hereby dismissed.

2. That there shall be no order as to costs.

Given under my hand and the seal of the Court, this the 10 th day of February, 2025.

Civil Judge (Senior Division),

Dhone.

MEMO OF COST

Memo of Costs. Sl.DescriptionForForForForFor NoPetitionersRespondeRespondeRespondeResponde in Rs.nts 1 to 3,nts 75, 76,nts 68,nt No.43 7, 39 in81, 98 in105 inin Rs. Rs.Rs.Rs.

1.Stamp on Petition 10-00--------

2.Stamp on Vakalath 2-002-00 2-002-002-00

3.Stamp on process 2450-00-- ------

4.Advocate’s Fee ---- ------

Total 2462-00 2-00 2-00 2-00 2-00

SCHEDULE – A

S.NoName of the CreditorNature of DebtAmount Rs. 1Smt.Guru PadammaPromissory note & Cheque 15,00,000 2T.ShivakumarPromissory note 4,00,000 3Telugu BhaskarPromissory note 4,00,000 4ChinthalammaPromissory note 3,00,000 5M.AnjanappaPromissory note 5,00,000 6Chenna KeshavuluPromissory note 2,00,000 7K.E.Mahapal GoudPromissory note13,00,000 8Madiga Padma KumariPromissory note2,00,000 9Ediga SrinivasuluPromissory note1,50,000 10Ranga ReddyPromissory note5,00,000 11Venkataramana GoudPromissory note4,00,000 15Boya VenkateshPromissory note5,00,000 16Veera KumarPromissory note2,00,000 17Ranganna @ AdupoduPromissory note50,000 18Kuruva NaanepatiPromissory note2,80,000 19Boya LingannaPromissory note1,00,000 20Telugu NagarajuPromissory note50,000 21Boya SujathaPromissory note1,00,000 22Telugu SharadammaPromissory note1,00,000 23Telugu SunkannaPromissory note1,00,000 24Kuruva Gongali SunkannaPromissory note5,00,000 25Gaddam VenkateswarluPromissory note & 2 cheques2,00,000 26Kammari Naga Lakshmi Promissory note4,00,000 27NellibandaLathif@Promissory note1,00,000 Addupodu 28SomeswariPromissory note11,00,000 29Poola GopiPromissory note2,30,000 30T.MaddiletiPromissory note1,00,000 31Telugu MaddiletiPromissory note2,00,000 32Telugu RangannaPromissory note4,00,000 33K.PullaiahPromissory note2,00,000 34Y.NallannaPromissory note2,00,000 35Vadde VenkateshPromissory note5,00,000 36Vadde NagarajuPromissory note4,00,000 37Telugu VenkatammaPromissory note2,00,000 38Telugu SavitrammaPromissory note2,50,000 39P.Srinivasa ReddyPromissory note13,60,000 40Jangli Pedda VeereshPromissory note8,00,000 41Jangli Nadipi VeereshPromissory note5,00,000 42Jangli VeereshPromissory note8,00,000 43Jangli Thikka SwamyPromissory note5,00,000 44Jangli PeddannaPromissory note3,00,000 45Talari ShankammaPromissory note50,000 46Vadde ErannaPromissory note2,00,000 47Kondapalli BharathiPromissory note3,00,000 48Bandaru VenkataramuduPromissory note1,00,000 49T.BhagavanthuPromissory note3,00,000 50T.MohanPromissory note1,00,000 51Telugu RamanjiPromissory note1,00,000 52Telugu GangammaPromissory note1,00,000 53Telugu Kulam Sangham, Promissory note1,20,000 Rep. by T.Guru Swamy, T.Bhagavanthudu, T.Mallesh, T.Yadhagiri 54Talari Chinna RangannaPromissory note1,00,000 55Devula DasthagiriPromissory note1,00,000 56Bandaru Lakshmi MurthyPromissory note1,00,000 57Chindugundu ShankarPromissory note1,00,000 58P.Uday KumarPromissory note8,50,000 59Jangala Chinna GopalPromissory note3,00,000 60Yerukala HaniveshPromissory note1,00,000 61Yerukala Chinna SunkannaPromissory note7,00,000 62M.Ramesh BabuPromissory note9,00,000 63Miskin RamprasadPromissory note4,00,000 64Mitikiri Nageswara RaoPromissory note5,00,000 65B.J.K Jangala RamuduPromissory note11,00,000 66Y.MadammaPromissory note3,00,000 67Chakali ChennappaPromissory note & 2 cheque10,00,000 68Sanakannagari Lakshmanna Promissory note14,00,000 69Sanakannagari MadhuPromissory note2,00,000 70Uppari Veera SekharPromissory note5,00,000 71Boya VijayPromissory note5,00,000 72Boya DasthagiriPromissory note1,00,000 73Telugu MuraliPromissory note1,30,000 74Telugu SudhakarPromissory note5,00,000 75Chakali Chinna MaddiletiPromissory note1,00,000 76Chakali MaddiletammaPromissory note1,50,000 77Chakali KrishnaiahPromissory note3,00,000 78Chakali ChandrannaPromissory note & 5 cheques3,00,000 79Chakali MallikarjunaPromissory note3,00,000 80Chakali PeddaiahPromissory note1,00,000 81Chakali VenkateshPromissory note1,00,000 82Vadla LakshmideviPromissory note50,000 83Bodhepadu HanumanthuPromissory note & 2 cheques7,00,000 84Yerrapilligalla HariPromissory note 1,50,000 85N.RamakrishnaPromissory note3,25,000 86Gosi Kuruva RamanjaniPromissory note50,000 87Kuruva AnjinaiahPromissory note2,00,000 88Benne BajariPromissory note3,00,000 89Benne Bheema RayuduPromissory note6,00,000 90Telugu VeerannaPromissory note3,50,000 91Telugu VeerannaPromissory note1,80,000 92Dubba Ramanjaneyulu Promissory note6,00,000 93Kummari Nadipi RangannaPromissory note3,00,000 94Boya Naga MaddiPromissory note11,00,000 95Boya Talari KumarPromissory note2,00,000 96Boya RamuduPromissory note2,00,000 97Ediga MohanPromissory note2,00,000 98Chakali MuraliPromissory note1,00,000 99Boya Talari MaddiletiPromissory note1,50,000 100A.SrinivasuluPromissory note2,00,000 101KiranPromissory note1,00,000 102T.NarasimhuduPromissory note2,00,000 103Vadde VeeranjaneyuluPromissory note2,00,000 104Yadavalli HanumanthuPromissory note1,00,000 105S.Bade SahebPromissory note2,00,000 106O.NettikantayyaPromissory note8,00,000 107Yarukali VeerannaPromissory note13,00,000 108Yarukali UrukunduPromissory note10,00,000 109Yarukali SuriPromissory note5,00,000 110Yarukali VeerendraPromissory note3,00,000 111Ebuthi MaheshPromissory note3,00,000 Total4,08,50,000

SCHEDULE - B

Item No.1:

House property constructed in Plot No.137 in A Group with an extent of 4 cents 166 Sq.Links, situated in Kurnool Registration District and Kodumuru Sub Registration District situated in Kodumuru Village and Mandal, Kurnool District bounded by: East : Plot No.138 of Dindukurthi Lakshmana Swamy; West : Plot No.136 of S.G.C.Vidya Sagar; North : Road; and South : Plot No.144 of Nookala Sreeramulu. Measurements of Plot: East - West : 33 feet; North – South : 55 feet Total Extent 1815 Sq.ft or 201.66 Sq.yards. (Property is in the name of Petitioner No.1 Bestha Narayana). Item No.2:

Plot bearing No.138 in A Group with an extent of 4 cents, situated within Kurnool Registration District and Kodumuru Sub Registration District situated in Sy.No.41 pyki, Kodumuru Village and Mandal, Kurnool District bounded by: East : Plot No.139 in A Group; West : Plot No.137 in A Group; North : 33 feet Road; and South : Plot No.145 in A Group belonging to N.Sreeramulu. Measurements of Plot: East - West : 33 feet; North – South : 55 feet Total Extent 1815 Sq.ft or 201.66 Sq.yards.

(Property is in the name of Petitioner No.2 Bestha Veeresh).

Item No.3:

Agricultural land with an extent of Ac.1.40 cents, situated in Sy.No.306/1, Potlapadu Village, Devenakonda Mandal, within Kurnool Registration District and Adoni Sub Registration District. (Property is in the name of Petitioner No.1 Bestha Narayana.

CJ(SD), Dhone.

PASJ,NDL1 SC.No.77 OF 2025

IN THE COURT OF PRL.ASSISTANT SESSIONS JUDGE AT NANDYAL IN THE COURT OF PRL.ASSISTANT SESSIONS JUDGE AT NANDYAL

Present: Smt S.Thangamani,Present: Smt S.Thangamani, Prl.Assistant Sessions Judge, NandyalPrl.Assistant Sessions Judge, Nandyal

Wednesday, the 06 th Wednesday, the 06 th day of May, 2026 day of May, 2026

SESSIONS CASE No.77 of 2025

(P.R.C.No.64/2023 on the file of Judicial Magistrate of First Class, Nandyal in Cr.No.575/2021 of Nandyal Taluka Police Station)Nandyal in Cr.No.575/2021 of Nandyal Taluka Police Station)

1. Name of the complainant: Sub Inspector of Police, Nandyal Taluka U.Nandyal Taluka U.P.S.,P.S.,

2. Name of the Accused: 1.1.Kowluru Pedda Kowluru Pedda Peddanna(Died) Peddanna(Died)

2. Gooru Sunkamma 2. Gooru Sunkamma (Deleted) (Deleted)

3. Gooru Sai Kumar 3. Gooru Sai Kumar

3. Date of occurrence : 21.12.2021

4. Date of complaint :21.12.2021

5.Date of Committal:19.02.2025

6.Date of appearance of accused:09.05.2025

7. Date of commencement of trial :05.12.2025

8. Date of close of trial:06.05.2026

9.Date of sentence of order:06.05.2026

In the result, , In the result, In the result In the result, Accused No.3 found not guilty for theAccused No.3 found not guilty for the offences punishable u/Sec.448, 324, 307 read with 34 of The Indian Penaloffences punishable u/Sec.448, 324, 307 read with 34 of The Indian Penal

Code, 1860 and he is acquitted of the said offences u/Sec.235 (1) of TheCode, 1860 and he is acquitted of the said offences u/Sec.235 (1) of The

Code of Criminal Procedure, 1973. . The bail bonds of Accused along withCode of Criminal Procedure, 1973The bail bonds of Accused along with his sureties shall remain in force for a period of six months from the date ofhis sureties shall remain in force for a period of six months from the date of this Judgment as required under Section 437-A of The Code of Criminalthis Judgment as required under Section 437-A of The Code of Criminal

Procedure, 1973. M.O.1 is full hand shirt, M.O.2 is half Banian, M.O.3 isProcedure, 1973. M.O.1 is full hand shirt, M.O.2 is half Banian, M.O.3 is

Pancha, M.O.No.4 is Pestal shall be destroyed after expiry of appeal time.Pancha, M.O.No.4 is Pestal shall be destroyed after expiry of appeal time.

PASJ,NDL2 SC.No.77 OF 2025

Explanation for the delay: The record in PRC.No.64/2023 of Judicial

Magistrate of First Class, Nandyal was submitted to the Court of Hon’ble

Principal Sessions Judge, Kurnool on 01.04.2025 and the same was

received on 01.04.2025 and numbered as Sessions Case No.77/2025 by the Hon’ble Principal Sessions Judge, Kurnool for the offences punishable u/Sec.448, 324, 307 read with 34 of The Indian Penal Code, 1860 andu/Sec.448, 324, 307 read with 34 of The Indian Penal Code, 1860 made over the same to this Court for disposal according to law on 15.04.2025. The accused made his appearance before this Court on 09.05.2025 and on 26.09.2025 charges were framed. On 05.12.2025 LW1 & LW2 examined as PW1 & PW2, Ex.P1 to P3 were marked. On 29.01.2026 LW11 examined as PW6. Ex.P7 marked. On 12.02.2026 LW3,

LW4, LW7 examined as PW7 to 9 and Ex.P8 to P10 marked. On 16.04.2026 LW9 examined as PW10. Ex.P11, P12 marked. On 23.04.2026

LW13 examined as PW11. Ex.P13 to P18 and M.O.No.1 to 4 were marked.

On 30.04.2026 LW12 examined as PW12. On 06.05.2026 Prosecution evidence closed and on the same day Accused examined u/Sec.313 Cr.P.C.

and on the same day Judgment was pronounced.

PRL.ASSISTANT SESSIONS JUDGE,

NANDYAL.

1.Copy submitted to the Hon’ble Registrar (Judicial), High Court of Andhra Pradesh at Amaravathi through the Hon’ble District & Sessions Judge, Kurnool. 2.Copy submitted to the Hon’ble Director of Prosecutions, Government of Andhra Pradesh, Room Nos.109, 110, 111, 112, 1st floor, New HOD (R&B) M.G.Road, Vijayawada. 3.Copy submitted to the Hon’ble Prl. District Judge, Kurnool.

4. COPY TO THE JUDICIAL MAGISTRATE OF FIRST CLASS, NANDYAL.

PASJ,NDL3 SC.No.77 OF 2025

IN THE COURT OF THE PRINCIPAL ASSISTANT SESSIONS JUDGE,

NANDYAL

Present:- Smt.S.Thangamani,

Principal Assistant Sessions Judge, Nandyal.

Wednesday, the 06th day of May, 2026.

Sessions Case No.77 of 2025

State: Represented by the Sub-Inspector of Police, Nandyal Taluka U.P.S. … Complainant. Vs.

A1.Kowluru Pedda Peddanna, age 40 years, S/o.Late Kowluru Sunkanna, (Died)

A3. Gooru Sai Kumar, 21 years, S/o.Late Gooru Mohan Linga Murthy, Both are of Kanala Village, Nandyal Mandal.

Person not charge sheeted:

A2: Gooru Sunkamma, age 42 years, W/o.Late Gooru Mohan Linga, Kanala Village, Nandyal Mandal. (A2 is deleted as per Order in Docket sheet, dated 29.09.2023)

... Accused No.1 to 3.

@@@@@

This Sessions Case came up before me on 06.05.2026 this day for hearing in the presence of Additional Public Prosecutor for the Complainant and of Sri B.K.Nagamalleswari, Advocate for the Accused No.3. Accused

No.1 died. Accused No.2 deleted, and upon hearing the arguments on both sides, and upon perusal of the record, this Court delivered the following:-

PASJ,NDL4 SC.No.77 OF 2025

J U D G M E N T

1.The Sub-Inspector of Police, Nandyal Taluka U.P.S has filed charge sheet against the Accused No.3 for the offences punishable u/Sec.448, 324, 307 read with 34 of Indian Penal Code in Crime No.575 of 2021 of Nandyal

Taluka U.P.S.

The accused No.3 also taken cognizance in Cr.No.575 of 2021.

2. The case of the prosecution, in brief, is as follows:-

TheDefacato-Complainant/LW1-Boya Gourigalla Venkateswarlu is husband of LW-2/Boya Gowrigalla Yellamma. LW-3/Boya Gowrigalla

Sanjamma is mother and LW-4/Boya Gourigalla Chinna Ugranarasimhudu is younger brother of LW1-Boya Gourigalla Venkateswarlu. LW1-Boya

Gourigalla Venkateswarlu, LW-2/Boya Gowrigalla Yellamma. LW-3/Boya

Gowrigalla Sanjamma and LW-4/Boya Gourigalla Chinna Ugranarasimhudu are residents of Kanala village, Nandyal Mandal and they stated about motive, occurrence of offence. LW1-Boya Gourigalla Venkateswarlu gave his statement to LW-12/P.Ananda Rao, H.C.2692, Nandyal Taluka UPS at

Government Hospital, Nandyal. LW5/Talari Hussain, LW6/Gujjala Subbaiah,

LW7/Boya Balaraju and LW8/Jelli Srinu are residents of Kanala village,

Nandyal Mandal and they independent witnesses. Who speaks about motive, involvement of A-1. A-3 and CCL-1 and not involvement of A-3 in the commission of offence. LW9/Neerukattu Murali Mohan and

LW10/Dibbannagari Bala Shiva are Panchayathdars who speaks about their presence during scene observation, seizure of crime weapon under cover of

Panchanama on 22-12-2021 by LW-13/S.Gangaiah Yadav, Sub Inspector of

PASJ,NDL5 SC.No.77 OF 2025

Police, Nandyal Taluka UPS and also their presence during arrest of accused/A-1, A-2 and CCL-1 under cover of arrest and confession

Panchanama on 27-12-2021. LW-13/S.Gangaiah Yadav, Sub Inspector of

Police and LW14/V.Murali Mohan Rao, Inspector of Police are the

Investigating Officers.

Previously LW1-Boya Gourigalla Venkateswarlu and father of A-3 (husband of not charge sheeted person A2) were done cotton business jointly. On 18-12-2019 both were went to Koilakuntla on cotton business work and while returning to Kanala village on the motor cycle and on the way when they reached near M.Uppaluru Village of Koilakuntla Mandal, suddenly a buffalo come across the road and both were fell down from the motor cycle and sustained injuries. Later father of A-3 died while undergoing treatment. In this connection on 19-12-2021 a case in Cr.No:76/2019 u/Sec.304 (A) IPC of Revanur.P.S was registered and it is P.T vide

C.C.No.78/2020.

In the above incident the accused suspected that LW1-Boya

Gourigalla Venkateswarlu is responsible for the death of father of A-3 and since then they bore grudge on LW1-Boya Gourigalla Venkateswarlu.

Previously the accused demanded compensation from LW1-Boya

Gourigalla Venkateswarlu but he refused to give compensation to them. In this regard the accused many times threatened LW1-Boya Gourigalla

Venkateswarlu and his wife LW-2/Boya Gowrigalla Yellamma by phone that they will kill him if they failed to pay the compensation amount.

On 21-1-2021 morning at about 06-00 hrs LW1-Boya Gourigalla

Venkateswarlu along with his wife LW-2/Boya Gowrigalla Yellamma were went to their fields and after sprinkling pesticides to chilly crop they left their fields at 14.00 hrs and returned to their house at 14.15 hrs. In the meantime

PASJ,NDL6 SC.No.77 OF 2025 the accused A-1, A-3 accompanied by CCL-1/Kowluru Pedda Raju, age 16 yrs, S/o.Kowluru Pedda Peddanna(A-1) of Kanala village, Nandyal Mandal armed with knives, pestle and stones trespassed into the house of LW1-

Boya Gourigala Venkateswarlu with intention to kill him, attacked LW1-Boya

Gourigalla Venkateswarlu and beat him indiscriminately and caused bleeding injuries on right side of head, cut injury on left eye brow and left hand index finger of LW1-Boya Gourigala Venkateswarlu. When LW2/Boya

Gowrigalla Yellamma, LW3/Boya Gourigalla Sanjamma, LW-4/Boya

Gourigalla Chinna Ugranarasimhudu, LW5/Talari Hussain, LW6/Gujjala

Subbaiah, LW7/Boya Balaraju and LW8/Jelli Srinu rushed to the house of

LW1-Boya Gourigalla Venkateswarlu, all the three accused escaped from there. Immediately LW-4/Boya Gourigalla Chinna Ugranarasimhudu shifted the injured LW1-Boya Gourigalla Venkateswarlu on the motor cycle to

Government Hospital, Nandyal and admitted him for treatment.

On 21-12-2021 at 18.00 hrs LW-12/P.Ananda Rao, H.C.2692,

Nandyal Taluka UPS after receipt of intimation, visited Government

Hospital, Nandyal, recorded the statement of LW1-Boya Gourigalla

Venkateswarlu and returned to Nandyal Taluka U.P.S and handed over the same to LW-13/S.Gangaiah Yadav, Inspector of Police.

Based on the strength of statement of LW1-Boya Gourigalla

Venkateswarlu, LW-13/S.Gangaiah Yadav, Inspector of Police registered a case in Cr.No.575/2021, u/Sec.448, 324, 307 read with.34 IPC of

Nandyal Taluka UPS and investigated into. During the course of investigation LW-13/S.Gangaiah Yadav, Inspector of Police seized the stained clothes of LW-1 at Government Hospital, Nandyal under cover of Police Proceedings.

PASJ,NDL7 SC.No.77 OF 2025

On 22-12-2021. LW-13/S.Gangaiah Yadav, Inspector of Police visited Scene of offence and found the crime weapon i.e. pestle broken into two parts with blood stains in the open place behind the house of LW1-Boya Gourigalla Venkateswarlu. In the presence of

LW9/Neerukattau Murali Mohan and LW10/Dibbannagari Bala

Shiva. LW-13/S.Gangaiah Yadav, Sub Inspector of Police, Nandyal

Taluka UPS drafted rough sketch of scene of offence, seized the blood stained pestle which was broken into two pieces under cover of scene observation Panchanama at 10.00 hrs.

Later LW-14/V.Murali Mohan Rao, Inspector of Police taken up further investigation and on 27-12-2021 at 10.00 hrs LW- 14/V.Murali Mohan Rao arrested the accused A-1, A-3 and apprehended CCL-1 and send A-1, A-3 to remand to the

Honourable Court of JFCM, Nandyal and forwarded CCL-1 to the

Honourable Principal Magistrate & Juvenile Justice Board, Kurnool

for detention.

In this case LW1-Boya Gourigalla Venkateswarlu. LW2/Boya

Gowrigalla Yellamma, LW3/Boya Gourigalla Sanjamma, LW-4/Boya

Gourigalla Chinna Ugranarasimhudu who are related to each other stated that A-2/Sunkamma who is mother of A-3 was also involved in the commission of offence. But the independent witnesses

LW5/Talari Hussain, LW6/Gujjala Subbaiah, LW7/Boya Balaraju and

LW8/Jelli Srinu stated that when they intervened to rescue LW1-Boya

Gourigalla Venkateswarlu they noticed A-1, A-3 and CCL-1 only in the house of LW1-Boya Gourigala Venkateswarlu and involved in the commission of offence. A-2 was not present in the house of LW1-

PASJ,NDL8 SC.No.77 OF 2025

Boya Gourigalla Venkateswarlu during the occurrence and she was not at all concerned in this case. A-2 does not go to the house of

LW1-Boya Gourigala Venkateswarlu on the day of occurrence. Based on the statements of independent witnesses LW5/Talari Hussain,

LW6/Gujjala Subbaiah, LW7/Boya Balaraju and LW8/Jelli Srinu it is clear that LW1-Boya Gourigalla Venkateswarlu added the name of alleged accused No.2 voluntarily to suffer the accused due to previous ill feelings. But in-fact the alleged accused No.2 was not involved in the commission of offence.

As prima-facie case is not made out against the alleged accused No.2 in this case, proposals were submitted to SDPO

Nandyal and obtained permission to charge the case against A-1 and A3 only vide proceedings in C.No.03/SDPO-N/2022, dated 04-01-2022. Accordingly RCS notice was served to LW1-Boya

Gourigalla Venkateswarlu.

LW-14/V.Murali Mohan Rao sent the material objects. Item

Nos.1 to 5 to RFSL, Kurnool for analysis and report.

The Scientific Assistant, Regional Forensic Science

Laboratory, Kurnool who examined the material objects issued analysis report vide file No.KNL/SER/49/2022, dated 15-03-2022 and opined that Item Nos.1 to 5 are examined. Human blood is detected on item Nos.1 to 5. Blood group of blood stains on item

Nos.1, 2 and 3 is of "B" blood group. Blood group of blood stains on item Nos.4 and 5 could not be determined.

PASJ,NDL9 SC.No.77 OF 2025

LW-8/Dr.Chandrakala, Civil Asst.Surgeon, Government

Hospital, Nandyal who treated the injured LW1-Boya Gourigalla

Venkateswarlu issued wound certificate and opined that the injuries sustained by LW1-Boya Gourigalla Venkateswarlu are simple in nature.

Thus the accused No.1 and 3 committed an offence punishable u/Sec.448, 324, 307 r/w 34 IPC. Hence the charge.

3.The Judicial Magistrate of First Class, Nandyal took cognizance of the offence and numbered the case as PRC No.64 of 2023 and committed the case to the Honourable Principal District Court, Kurnool. The Honourable

Principal District Court, Kurnool numbered the case as Sessions Case

No.77 of 2025 and made it over to the Principal Assistant Sessions Judge,

Nandyal for disposal in accordance with law.

4.The learned Additional Public Prosecutor opened the case of prosecution. After hearing both parties, on perusal of material available on record, it was found that there is a material to frame charge against the accused. Charges under Sections u/Sec.448, 324 and 307 r.w. 34 of IPC against A3 were framed, read over and explained to him in Telugu, for which they denied, pleaded not guilty and claimed to be tried.

5.To prove the case of prosecution, the prosecution has examined

P.Ws.1 to 12 and got marked Ex.P1 to Ex.P16 and M.O.1 to 4.

6. On closure of evidence on the side of the prosecution, the Accused

No.3 examined u/Sec.313 Cr.P.C to explained about the incriminating evidence appearing against him in the evidence of the prosecution

PASJ,NDL10 SC.No.77 OF 2025 witnesses, for which they denied the same and reported no defence evidence on his behalf.

7.Heard the arguments of learned Additional Public Prosecutor and the

Learned counsel for the Accused.

8.Now, the point for determination is:

“Whether the prosecution has proved the guilt of Accused for the offences charged beyond all reasonable doubt?”

P O I N T:-

9.Perused the record. In order to prove the guilt against the Accused for the offence charged, the prosecution has examined as many witnesses as

P.W.1 to P.W.12. The criminal law was set into motion on the complaint given by P.W.1 – Boya Gourigalla Venkateswarlu, who is the husband of

LW2/Boya Gourigalla Yellamma. LW3/Boya G.Sanjamma is his mother.

LW4/Boya Chinna Ugranarasimhulu is his younger brother. He know

LW5/Talari Hussaini, LW6/G.Subbaiah, LW7/Boya Balaraju, LW8/J.Srinu who are his villagers. He does not know anything about the facts of the case. While he was proceeding on Motor cycle to go to his field then his bike was skid and sustained injury on his head and forehead. Thereafter shifted to Government Hospital Nandyal for treatment. Police came there and obtained his signature on blank paper. He signed on it. But he did not know the contents of the statement. Ex.P1 is his signature. Police never examined him.

PASJ,NDL11 SC.No.77 OF 2025

10.The evidence of P.W.2 to PW5 deposed on the same lines, they turned hostile.

11.P.W.6 is the Doctor who examined PW1 on 21.12.2021 at about 5-30

PM and found the injuries as 1). Lacerated wound over right frontal area measuring 4.5 CMx0.5 CM and 2).Laceration over the left eye brown later 1/3rd measuring 2 CMx0.5 CM. The injuries on the head was preferred

C.T.Scan, Nandyal and it is normal study. He opined that the both injuries are simple in nature and accordingly he issued wound certificate to PW1 which is marked as Ex.P7.

12.PW7 to PW9 are the residents of Kanala Village. They are doing agricultural work. They does not know the accused. While PW1 was proceeding on Motor cycle to go to their field then his bike was skid and sustained injury on his head and forehead. Thereafter he shifted to

Government Hospital, Nandyal for treatment. The accused never beat the

PW1. Police never examined them and never recorded their statements.

They turned hostile.

13.PW10 is the V.R.O, Gandhi Chowk, Nandyal deposed that he does not know the Accused. He know LW10/D.Bala Siva, who is his

V.R.A. He does not know anything about the facts of the present case. In the year, 2021 while he was present in MRO Office,

Nandyal Taluk area the Police came along with Telugu typed papers they requested him to sign on it on 22.12.2021 and another one on 27.12.2021 without knowing the contents he signed on it. Witness identified his signature on Panchanamas.

Police never observed the scene of offence on 22.12.2021 at

PASJ,NDL12 SC.No.77 OF 2025 10-00 AM and never seized any property in his presence and police never arrest any CCL and never prepared any confession statement and arrest Panchanama on 27.12.2021. He turned hostile.

14.P.W.11 is the Sub Inspector of Police, he received MLC intimation from Government Hospital, Nandyal which is marked as Ex.P13 is the MLC report. The Head Constable recorded the statement of PW1 and handed over to him and statement of PW1 is marked as Ex.P14. Basing on that he registered a case in Cr.No.575/2021 for the offence u/Sec.448, 307, 324 read with.34 of IPC and issued FIR to all official concerned. Ex.P15 is the original FIR. Then he went to the Government General Hospital, Nandyal there he secured the presence of PW1 and PW2 and examined them and recorded their 161 Cr.P.C statement. Later he seized blood stain cloths i.e., full hand shirt/M.O.No.1, Half Banian/M.O.No.2, one Pancha/M.O.No.3 under cover of Police Proceedings, which is marked as Ex.P16. On the next day he went to the scene of offence situated at Kanala Village there he secured the presence of PW6, PW7, PW3, PW4, PW8 and PW5 examined them and recorded their 161 Cr.P.C statements. In the presence of PW10 and LW10/Dibbannagari Bala Shiva observed the scene of offence and he seized Pestel under cover of scene observation Panchanama, dated 22.12.2021 at the scene of offence, which is marked as Ex.P17. M.O.No.4 is the Pestal. Then he prepared a rough sketch which is marked as Ex.P18.

He searched for the accused but he absconded. Then he hand over the C.D file to LW14/G.Murali Mohan Rao for further investigation. PW1 to PW8 have stated before him as Ex.P2 to P10.

15.P.W.12 is the Head Constable deposed that on 21.12.2021 while he was present in the Police station their Sub Inspector of Police informed him

PASJ,NDL13 SC.No.77 OF 2025 that he received MLC intimation/Ex.P13. Then he went to the Government

Hospital, Nandyal, he received MLC intimation at about 6-00 PM. Then he secured the presence of PW1 and recorded the statement of PW1 already marked as Ex.P14. Thereafter he handed over the C.D file to the Sub

Inspector Police, PW11 for further investigation in this case.

16.In this case, except the evidence of Investigating Officers, there is nothing on record to connect the alleged offence with that of the Accused.

There is no incriminating material at all to prove the guilt against the

Accused for the offence charged u/Sec.448, 324, 307 read with.34 of IPC.

The main witnesses who are the alleged eyewitnesses to the incident have turned hostile to the case of prosecution. Even the Mediator for the inquest and scene observation Panchanama has stated that he was not present during the inquest and scene observation panchanama but identified his signatures on the same. It seems to be that all the prosecution witnesses have compromised with the Accused and has given a go-bye to the case of prosecution. In these circumstances, this Court is of the view that the prosecution has utterly failed in proving the guilt of the accused for the charge levelled against them beyond all reasonable doubt. Hence, the

Accused are entitled for acquittal. Accordingly, the point is answered.

17. In the result, Accused No.3 found not guilty for the offences punishable u/Sec.448, 324, 307 read with 34 of The Indian Penal Code, 1860 and he is acquitted of the said offences u/Sec.235 (1) of The Code of

Criminal Procedure, 1973. The bail bonds of Accused along with his sureties shall remain in force for a period of six months from the date of this

Judgment as required under Section 437-A of The Code of Criminal

PASJ,NDL14 SC.No.77 OF 2025

Procedure, 1973. M.O.1 is full hand shirt, M.O.2 is half Banian, M.O.3 is

Pancha, M.O.No.4 is Pestal shall be destroyed after expiry of appeal time.

Typed to my dictation by the Stenographer directly on the computer device, corrected, signed and pronounced by me in the open Court, this the 06 th day of May, 2026.

Sd/-Smt.S.Thangamani.,

Principal Assistant Sessions Judge,

Nandyal.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution:

P.W.1. Boya G.Venkateswarlu

P.W.2. B.G.Yellamma

P.W.3. G.Venkata Subbaiah

P.W.4. Talari Hussain

P.W.5. G.Srinivasulu

P.W.6. Dr.G.Chandrakala

P.W.7. B.G.Sanjamma

P.W.8. B.G. Chinna Ugranarasimhulu

P.W.9. B.Balaraju

P.W.10. N.Murali Mohan, V.R.O

P.W.11. S.Gangaiah Yadav, (S.I of Police)

P.W.12. P.Ananda Rao (Head Constable)

For Defence: None

PASJ,NDL15 SC.No.77 OF 2025

EXHIBITS MARKED

For Prosecution:

Ex.P1 Complaint of P.W.1.

Ex.P2 161 Cr.P.C statement of PW1

Ex.P3 161 Cr.P.C statement of PW2

Ex.P4 161 Cr.P.C statement of PW3

Ex.P5 161 Cr.P.C statement of PW4

Ex.P6 161 Cr.P.C statement of PW5

Ex.P7 Wound Certificate

Ex.P8 161 Cr.P.C statement of PW7

Ex.P9 161 Cr.P.C statement of PW8

Ex.P10 161 Cr.P.C statement of PW9

Ex.P11 Signature of PW10 in scene observation and seizure Panchanama, dated.27.12.2021

Ex.P12 Signature of PW10 in Confession Panchanama, dated.27.12.2021

Ex.P13 MLC intimation

Ex.P14 Statement of PW1

Ex.P15 FIR

Ex.P16 Police Proceedings

Ex.P17 Scene of offence & Seizure Panchanama

Ex.P18 Rough sketch.

For Defence:

Nil

Material Objects marked

For Prosecution:

M.O.1: Full hand Shirt

PASJ,NDL16 SC.No.77 OF 2025

M.O.2: Half Banian

M.O.3: Pancha

M.O.4: Pestal.

For Defence:

Nil.

Sd/-Smt.S.Thangamani.,

P.A.S.J, Nandyal.