APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 1 A.S.J Court, Hindupur.
Date : 14.5.2026
IN THE COURT OF ASSISTANT SESSIONS JUDGE : HINDUPUR
Present : Smt. S.Hemalatha,
Asst. Sessions Judge, Hindupur.
Thursday, this the 14th day of May, 2026
Sessions Case No. 285 of 2024
1.Name of the ComplainantState : Represented by Inspector of Police, Hindupur II Town P.S.
2.(a) Name of the Accused1. S. Sardar, age 47 years, S/o S. Anwar R/o D.No. 5-11-828, Silk Colony, Hindupur Town. (A.1)
2. Shaik Shaheena, age 42 years, W/o S. Sardar R/o D.No. 5-11-828, Silk Colony, Hindupur Town. (A.2)
3. Afzal, age 30 years, S/o Sardar R/o D.No. 5-11-828, Silk Colony, Hindupur Town. (A.3)
4. Inayath @ Goru, age 25 years, S/o Sardar R/o D.No. 5-11-828, Silk Colony, Hindupur Town. (A.4)
3.Offences chargedAbetment to commit suicide with common intension, punishable under Section 306 r/w 34of Indian Penal Code, 1860 against A.1 to A.4.
4.Plea of the accused.Pleaded not guilty
5.Finding of the judgeFound not guilty
6.Sentence or OrderA.1 to A.4 are found not guilty of the offence punishable under Section 306 r/w 34of Indian Penal Code, 1860. Accord- ingly, A.1 to A.4 are acquitted for the above
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 2 A.S.J Court, Hindupur.
Date : 14.5.2026
offence under Section 235 (1) Cr.P.C. The bail bonds of A.1 to A.4 shall remain in force for a period of six months, as required under section 437-A of Cr.P.C. The un- marked case property shall be de- stroyed by the committal court, after ex- piry of appeal time. Office is directed to communicate copy of judgment to com- mittal court.
7.Accused defended bySri S. Abdul Raheem, Advocate
8.Prosecution conducted byAdditional Public Prosecutor.
9.Cr.No. and Name of the Crime No. 27 of 2023 of Hindupur II Police StationTown Police Station.
10.Committed byP.R.C. No.7 of 2024 of Addl. Judicial
Magistrate of I Class, Hindupur.
11.Date of offence03.02.2023
12.Date of report03.02.2023
13.Date of remand27-02-2023 (A.1 to A.4)
14.Date of release on bail10-03-2023 (A.1 to A.4)
15.Date of committal to 05.12.2024
sessions Court
16.Date of commencement of 12.12.2025 trial
17.Date of close of trial.02-04-2026
18.Date of Judgment14.05.2026
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 3 A.S.J Court, Hindupur.
Date : 14.5.2026
Accused Details : Name of accused :1. S. Sardar, age 47 years, S/o S. Anwar R/o D.No. 5-11-828, Silk Colony, Hindupur Town. (A.1)
2. Shaik Shaheena, age 42 years, W/o S. Sardar R/o D.No. 5-11-828, Silk Colony, Hindupur Town. (A.2)
3. Afzal, age 30 years, S/o Sardar R/o D.No. 5-11-828, Silk Colony, Hindupur Town. (A.3)
4. Inayath @ Goru, age 25 years, S/o Sardar R/o D.No. 5-11-828, Silk Colony, Hindupur Town. (A.4) Date of Arrest :27-02-2023 (A.1 to A.4) Date of Release on bail:10-03-2023 (A.1 to A.4) Offences Charged with:Section 306 r/w 34of Indian Penal Code, 1860 against A.1 to A.4. Whether acquitted or : Acquitted. convicted Sentence Imposed :A.1 to A.4 are found not guilty of the offence punishable under Section 306 r/w 34of Indian Penal Code, 1860. Accordingly, A.1 to A.4 are acquitted for the above offence under Section 235 (1) Cr.P.C. The bail bonds of A.1 to A.4 shall remain in force for a period of six months, as re- quired under Section 437-A of Cr.P.C. The un- marked case property shall be destroyed by the committal court, after expiry of appeal time. Office is directed to communicate copy of judgment to committal court.
PeriodofDetention : 27.02.2023 to 10.3.2023 (A.1 to A.4) undergone during trial for purpose of Section 428 Cr.P.C.
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 4 A.S.J Court, Hindupur.
Date : 14.5.2026
// J U D G M E N T //
The State, represented by the Inspector of Police, Hindupur II Town
Police Station laid charge sheet against A.1 to A.4 in Crime No.27 of 2023 for the offence punishable under Section 306 read with 34 of Indian Penal Code, 1860.
2. The case of the prosecution, in a nutshell, is as follows. The deceased Syed Babajan had three brothers and younger sisters, by names
Sardar (A.1), Moula (LW.4), Akbar, Habeebjan, Beebejan, Thathu and Sumiya.
Their father, by name Anwar Sab, had a residential house at Silk colony and
Rahamathpur and vacant site at Rahamathpur. In the partition effected before elders, plot No.7 and vacant site was allotted to the share of deceased and
A.1 and the house situated at Rahamathpur was allotted to the share of
Moulasab (LW.4), Akbar and Habeebjan, Beebejan, Thathu and Sumiya. Apart from that residential house and vacant site situated at Silk colony was shared among the deceased and A.1. A.1 and his family members (A.2 to A.4) were residing at Silk Colony in the house belonging to the deceased. In view of the partition, the deceased and his wife ie., de facto complainant, by name Syed
Gulnaj @ Gulas (LW.1), requested A.1 to A.4 to handover half portion of residential house situated at Silk colony to Syed Gulnaj. Upon which, A.1 to
A.4 abused the deceased Syed Babajan and his family members in filthy language and attacked the deceased, LW.1 Syed Gulnaj and LW.2. Syed
Asma Bhanu and LW.3 Syed Shabeena. Meanwhile, the elders and LW.4
Moula and LW.6 Akbar pacified the issue. A.1 to A.4 abetted the deceased to commit suicide to get property in the name of A.1. In view of the said
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 5 A.S.J Court, Hindupur.
Date : 14.5.2026
abetement and unable to bear the harassment of accused, Babajan informed to his wife, Syed Asma Bhanu and Shabeena that he will commit suicide to avoid harassment of A.1 to A.4. They consoled the deceased. Thereafter, on 03.02.2023 at 7-00 am, the deceased went to his share of house at
Rahamathpur in Hindupur Town and committed suicide by hanging. Syed
Gulnaj noticed the hanging of the deceased. After a while, Moula and A.1 rushed to the scene and broke open the doors of the house and found the suicide of deceased by hanging.
(a) Based on the report of de facto complainant – Syed Gulnaj
Lw.16 – C. Akbar Sab, Sub Inspector of Police of Hindupur II Town Police
Station registered a case in Cr.No.27 of 2023 under Section 174 of Cr.P.C.
and took up investigation. He conducted inquest over the dead body of deceased Syed Babajan in the presence of the panch witnesses and blood relatives of the deceased and also examined the witnesses.
(b) Later, Dr. Rohil Kumar, Civil Asst. Surgeon, District Government
Hospital, Hindupur conducted autopsy over the dead body of the deceased and issued a report opining that the deceased died due to asphyxia due to hanging. The statements of the witnesses recorded by the investigation officer, revealed that the accused abetted the deceased to commit suicide and on account of the same and unable to bear the harassment of accused Nos.1 to 4, the deceased committed suicide. Therefore, on 27.02.2023, the Section of law was altered to Section 306 r/w 34 IPC against A.1 to A.4 from Section 174
Cr.P.C.
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 6 A.S.J Court, Hindupur.
Date : 14.5.2026
(c) On 27.02.2023 at 2-00 pm., the Sub Inspector of Police of
Hindupur II Town Police Station arrested A.1 to A.4 at Silk Colony, Hindupur
Town and produced them before the court for judicial custody. Thus, A.1 to
A.4 have committed the offence punishable under Section 306 read with
Section 34 of I.P.C.
3. The learned I Additional Judicial Magistrate of 1st Class, Hindupur, had taken cognizance for the offence punishable under Section 306 read with 34 of Indian Penal Code against A.1 to A.4. Since the offence punishable under Section 306 of I.P.C is exclusively triable by the court of Sessions, the case was committed to the Hon'ble Principal District and Sessions Court,
Anantapuramu, under Section 209 (a) of Cr.P.C., by serving copies of documents on A.1 to A.4 under Section 207 of Cr.P.C. Subsequently, the
Hon'ble Principal and District Judge, Anantapuramu registered the case as
S.C.No.285 of 2024 and made it over to this court for trial and disposal in accordance with law.
4. On hearing both sides, charge for the offence punishable under
Section 306 read with 34 of Indian Penal Code, 1860 was framed against A.1 to A.4, read over and explained to A.1 to A.4 in Telugu language, for which they pleaded not guilty and claimed to be tried.
5. During trial, the prosecution has examined Pws.1 to Pw.11 and marked Exs.P.1 to Ex.P.15.
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 7 A.S.J Court, Hindupur.
Date : 14.5.2026
6. After closure of prosecution side evidence, A.1 to A.4 were examined under Section 313 (1) (b) of Cr.P.C, explaining the incriminating material elicited against them in the evidence of prosecution witnesses. They denied the same. They reported no defence evidence.
7. Heard the learned Additional Public prosecutor and learned defence counsel and perused the material on record.
8. Now the points for determination are :
1. Whether A.1 to A.4 have abetted the deceased - Syed Babajan to commit suicide ?
2. Whether the prosecution has proved the guilt of A.1 to A.4 for the offence punishable under Section 306 read with section 34 of I.P.C., beyond all reasonable doubt ?
9. Points No.1 and 2 : The accusation made against A.1 to A.4 is that as the deceased Syed Babajan demanded A.1 to handover his share of house in which A.1 to A.4 were residing, A.1 to A.4 harassed and abetted the de- ceased to commit suicide to get the share of the deceased and an account of harassment and abetment of accused, the deceased committed suicide by hanging on 03.02.2023 at 7-00 am., at his share of house at Rahamathpur in
Hindupur. Thus, A.1 to A.4 have committed the offence with which they are charged. The defence of A.1 to A.4 is of total denial. Therefore, the prosecu- tion has to prove the guilt of A.1 to A.4 of the offence, with which they are charged, beyond all reasonable doubt.
10. Now it is to be seen whether the prosecution has proved the charge levelled against A.1 to A.4 beyond all reasonable doubt. In order to discharge
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 8 A.S.J Court, Hindupur.
Date : 14.5.2026
its burden, the prosecution relied on evidence of Pw.1 to 11 and Ex.P.1 to
P.15. Pw.1 is the de facto complainant and wife of the deceased. Pw.2 and 3 are the children of the deceased Syed Babajan Pws.4 to 6 are the younger brothers of the deceased Syed Babajan. As seen from the evidence of these witnesses, the deceased Syed Babajan committed suicide by hanging in his mother’s house at Rahamathpur at Hindupur. PW.8 is the panch for inquest.
He speaks that on 03.02.2023 at 2-30 pm., on the request of Hindupur II Town police he acted as panch witness and in his presence and also in the pres- ence of LW.13 Syed Ansar and LW.14 S. Khaleel Sab and blood relatives of the deceased, LW.16 the Sub-Inspector of Police, Hindupur II Town police sta- tion conducted inquest over the dead body of the deceased under Ex.P.9 in- quest report.
11. The evidence of PW.9, the medical officer, is to the effect of his conducting autopsy over the dead body of the deceased on 03.02.2023 and his opinion that the death is due to asphyxia due to hanging. There is no dis- pute about these facts and in fact, there is no cross-examination to any of these witnesses denying the death of Syed Babajan by suicide by hanging.
The evidence, the above witnesses coupled with Ex.P.9, proves suicide on
Syed Babajan.
12. The dispute is only regarding A.1 to A.4 harassing and abetting the deceased to commit suicide. Therefore, it is to be seen whether prosecution is able to prove abetment of accused to the deceased Syed Babajan to commit suicide, beyond reasonable doubt. As seen from the evidence of PW.1 to 7, none of them have supported the prosecution. All of them have stated that
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 9 A.S.J Court, Hindupur.
Date : 14.5.2026
they do not how Babajan died and who are responsible for his death. They have further stated that the accused are not responsible for the suicidal death of Syed Babajan. As all these witnesses resiled from their earlier version, the learned APP., with the permission of the court, posed questions to these wit- nesses in the nature of cross – examination, but nothing could be elicited from them to prove the harassment or abetment of the accused to the deceased, except getting marked the relevant portion in their section 161 Cr.P.C state- ment, which is not substantive piece of evidence. Therefore, the evidence of these witnesses is not helpful to the prosecution to prove the guilt of the ac- cused.
13. The other evidence available on record is of the investigating agency. The evidence of PW.10 is to the effect of registration of crime based on the report of PW.1, conducting inquest and examination of the witnesses and also seizure of the thread and broken door lock in the presence of the panch witnesses. He also says about alteration of section of law based on the statements of the witnesses. The evidence of PW.11 is only his filing charge sheet on verification of the investigation done by PW.10. Undoubtedly, the evidence of PW.10 and PW,.11 is not going to help the prosecution, when the own wife, children and family members of the deceased total turned hos- tile, and did not attribute any anything against the accused and when the au- thor of Ex.P.10 hereself did not speak his contents, the evidence of Pws. 10 and 11 and Ex.P.10 can not be based to prove the guilt of the accused. So, there is no cogent and convincing evidence to prove that at any point of time any of the accused harassed deceased Syed Babajan, and abetted him to commit suicide. Thus, the prosecution utterly failed to bring home the guilt of
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 10 A.S.J Court, Hindupur.
Date : 14.5.2026
the accused of the offence punishable under Section 306 read with section 34 of Indian Penal Code. As such, accused/A.1 to A.4 are entitled to be acquitted.
Accordingly, these points are answered.
14. In the result, A.1 to A.4 are found not guilty of the offence punish- able under Section 306 read with Section 34 of I.P.C. Accordingly, A.1 to A.4 are acquitted for the above offence under Section 235 (1) Cr.P.C. The bail bonds of A.1 to A.4 shall remain in force for a period of six months, as required under Section 437-A of Cr.P.C. The unmarked case property shall be destroyed by the committal court after expiry of appeal time. Office is directed to communicate copy of judgment to committal court.
Typed to my dictation by the Typist, corrected and pronounced by me in the open court, this the 14th day of May, 2026
Sd/-S. Hemalatha,
Assistant Sessions Judge, Hindupur
APPENDIX OF EVIDENCE
List of Prosecution/Defence/Court Witnesses
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
Pw.1 Syed Gulanj @ GulnasDefacto complainant
Pw.2 S. Asma BhanuDaughter of deceased
Pw.3 Syed ShabeenaDaughter of deceased
Pw.4Syed AkbarBrother of deceased
Pw.5Syed Habid JanBrother of deceased
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Sessions Case No.285 of 2024 11 A.S.J Court, Hindupur.
Date : 14.5.2026
Pw.6Syed Bibi JanBrother of deceased
Pw.7Syed SumiyaBrother of deceased
Pw.8T. YashodaPanch witness
Pw.9Dr. Rohil KumarMedical officer
Pw.10C. Akbar SabInvestigating officer
Pw.11G. VenkataramanaInvestigating officer
B. Defence Witnesses, if any : - None -
C. Court Witnesses, if any : - None -
EXHIBITS MARKED FOR PROSECUTION
Ex.P.1: Signature of PW.1 on the report
Ex.P.2: Relevant portion in the 161 Cr.P.C statement of PW.1
Ex.P.3: Relevant portion in the 161 Cr.P.C statement of PW2
Ex.P.4: Relevant portion in the 161 Cr.P.C statement of PW3
Ex.P.5: Relevant portion in the 161 Cr.P.C statement of PW.4
Ex.P.6: Relevant portion in the 161 Cr.P.C statement of PW.5
Ex.P.7: Relevant portion in the 161 Cr.P.C statement of PW.6
Ex.P.8: Relevant portion in the 161 Cr.P.C statement of PW7
Ex.P.9: Inquest Report
Ex.P.10: Served summon on PW.8
Ex.P.11: P.M. Certificate issued by PW.9
Ex.P.12: Report given by PW.1, dt. 03.02.2023
Ex.P.13: F.I.R in Cr.No. 27/2023 of Hindupur II Town P.S.,
Ex.P.14: Rough Sketch of the scene of offence
Ex.P.15: Alteration Memo, dt.27-02-2023
APAN060000722025Presented on : 30-12-2024 Registered on : 30-12-2024 Decided on : 14-05-2026 Duration : 1 years, 4 months, 15 days
Sessions Case No.285 of 2024 12 A.S.J Court, Hindupur.
Date : 14.5.2026
EXHIBITS MARKED FOR DEFENCE
- Nil -
MATERIAL OBJECTS
- Nil -
Sd/-S. Hemalatha,
A.S.J., HINDUPUR
Copies submitted to : -
1. The Hon'ble Registrar (Judicial), High Court of Andhra Pradesh at Amaravati through the Hon'ble Principal District Judge, Ananthapuramu.
2. The Hon'ble Principal District Judge, Ananthapuramu. Copies to : -
1. The Superintendent of Police, Puttaparthi, Sri Sathyasai District.
2. The Additional Public Prosecutor, Assistant Sessions Judge, Hindupur.