1
AJCJ Court, Chirala CC No.187 of 2015
IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE-CUM-
ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS, CHIRALA.
Present:- Smt. Sk.Rehana
Prl. Junior Civil Judge, Chirala FAC Addl. Junior Civil Judge, Chirala.
Thursday, this the 8th day of September, 2022.
Calender Case No.187/2015
Cr. No.24/2015 of Chirala I Town P.S.
Between: The State, represented by Inspector of Police, Chirala I Town Police Station.
... Complainant
And
1. Kothagorla Subbarao, S/o Nageswara Rao (late), 32 years, Yadava by caste, Santharavuru Village, Chinnaganjam Mandal.
2. Kothagorla Subbayamma, W/o Nageswara Rao (late), 56 years, Yadava by caste, Santharavuru Village, Chiannaganjam Mandal.
3. Golla Eswaramma, W/o Venkata Rao, 31 years, Yadava by caste, Chandaluru Village, J.Panguluru Mandal.
4. Kothagorla Srinivasa Rao, S/o Nageswara Rao, 39 years, Yadava by caste, Santharavuru Village, Chinnaganjam Mandal.
5. Malli Yesamma, W/o Krupanandham, 55 years, Elurkala by caste, New Colony, Near Salvation Army Church, Ramanagar, Chirala.
6. Koneti Prameela, W/o Srinivasulu, 40 years, Erukala by caste, New Colony, Near Salvation Army Church, Ramanagar, Chirala.
7. Malli Anand Babu, S/o Krupanandham, 28 years, Erukala by caste, New Colony, Near Salvation Army Church, Ramanagar, Chirala.
… Accused 1 to 7
This case is coming before me on 08-09-2022 for final hearing in the presence of Learned Asst. Public Prosecutor for State and Sri Srikanth Thakur, Advocate for A1 to A4 and Sri Ch.Suresh, Advocate for A5 to A7 and having stood over for consideration till this day, upon perusal of case records available in this case, this Court delivered the following:-
2
AJCJ Court, Chirala CC No.187 of 2015
J U D G M E N T // //
01.This is a case filed by the Sub-Inspector of Police, Chirala I Town
Police Station registered in Cr. No.24/2015 against A1 to A7 for the offence punishable U/Sec.498-A, 506, 109 r/w.34 of Indian Penal Code and Sec.3 & 4 of Dowry Prohibition Act.
02.The brief averments of the charge sheet are as follows:-
(i)The marriage of LW.1 – Kothagorla Anuradha was performed on 27.02.2004 with the A1 Kothagorla Subbarao. At the time of marriage,
A1 was working in CRPF (Central Reserve Police Force). After marriage, they used to stay in the house of LW.2 – Kakumanu Samrajyam in
Vetapalem for about one year. Later they were blessed with a female child and then shifted to another house of LW.2 in Radha Krishnapuram,
Desaipeta, Vetapalem. After 8 months, A2 to A4 also used to stay with them. Later A1 did not go for duty even after completion of leave sanctioned for the purpose of marriage, he was terminated from the job of CRPF. During that time, A2 to A4 also harassed LW.1 both physically and mentally for additional dowry as A1 has lost his job and they also demanded Rs.10,00,000/- as LW.1 has beget a female baby and to register the house in favour of A1. Later in the year 2005, due to abatement of A2 to A4, A1 harassed and beat LW.1 and also discarded
LW.1 and her child and went to his native village Santharavuru. Later
A1 addicted to bad vices and even he did not come to see either LW.1 or her child, he recklessly told that if they register the house in his favour, then only he would took LW.1 for leading conjugal life.
3
AJCJ Court, Chirala CC No.187 of 2015
(ii)Meanwhile in the year 2006, A1 send a lawyer notice through court stating that, LW.2 was not sending LW.1 to him. Later in the year 2007, accused has been selected as a Home Guard. Later the Hon’ble
Magistrate of Chirala after hearing the arguments passed an order that
the A1 has to pay an amount of Rs.72,000/- to LW.1 and also to pay
Rs.2000/- per month to LW.1 and her child in result of maintenance case. A1 paid maintenance amount for 5 or 6 months to LW.1, after that he come to compromise stating he would continue conjugal life with LW.1 and took signatures as no need of payment of Rs.72,000/-.
Later they again started their conjugal life in Mutyalapeta in a rental house.
(iii)During the period of time in the year 2009, A1 despite working as a Home Guard, he had illegal contacts with the A5 & A6. A1 used to beat LW.1 on petty issues, and when LW.1 asked about the illegal contacts he used to pick up quarrel with her by stating he would continue the illegal contacts because they were providing money and as she could not bring money from her parents and could not register the house in his favour. Several times LW.1 informed about the harassment to LW.2 by regretting. Meanwhile once on the date of
Easter festival, A1 beat LW.1 and sent her and her child to the house of
LW.2. Moreover, A1 applied for divorce in the Hon’ble Court. On that,
LW.2 went to A1 alongwith some elders, on asking A1 demanded
Rs.10,00,000/- otherwise to register her house in his favour. Later in the year 2012 A1 has been selected as police constable as there should not be any case against him, he withdrawn the case and took LW.1 and
4
AJCJ Court, Chirala CC No.187 of 2015 her child for leading conjugal life. When A1 was going for police training he left LW.1 and her child at parental house. After completion of training, A1 came and brought LW.1 and child to the rented house in
Muthyalapeta, Chirala. Later, A1 continued his illegal contacts with A5 & A6, used to make phone calls to LW.1 and abuse in vulgar language.
Later when LW.1 was alone in the house, A5 to A7 came to her, picked up quarrel and beat her by stating why she was staying even after denied to stay in that house. When LW.1 asked about the incident, A1 picked up quarrel with her and beat and also sent her to her parental house. A1 threatened to bring additional dowry of Rs.10,00,000/- otherwise register the house in his favour. Finally, as there is no other go, LW.1 lodged a complaint in the police station for necessary action.
(iv)Basing on the report of LW.1, LW.12 – G.Hazarath Babu, S.I. of
Police, Chirala I Town P.S. registered the case in Cr. No.24/2015 U/s.498-
A, 506 r/w.34 of IPC and Sec.3 & 4 of DP Act. During the course of investigation, on 28.01.2015 LW.13 – N.Satyanarayana, Inspector of
Police, Chirala I Town P.S. visited the scene of offence in Ambedkar
Nagar, Chirala, examined LWs.3 to 5 and prepared rough sketch of 1st scene of offence. On 29.01.2015, LW.13 visited the 2nd scene of offence in Radhakrishnapuram, examined witnesses LWs.6 to 8 and also prepared rough sketch of 2nd scene of offence, on the same day visited the 3rd scene of offence in Muthyalapeta, Chirala, examined the witnesses LWs.9 to 11 and also prepared rough sketch of scene of offence of 3rd scene of offence separately. Later memo has been filed for adding section 109 IPC to the existing section of law. During the
5
AJCJ Court, Chirala CC No.187 of 2015 further course of investigation, LW.13 arrested A1 at his rented house in
Muthyalapeta on 02.03.2015 and sent him for judicial remand. Later on 04.03.2015, A2 to A7 came to police station and surrendered themselves before LW.13. LW.13 served notice U/s.41-A CrPC to A2 to
A7 with conditions to appear before them or the Hon’ble Court whenever their presence is required. After the completion of investigation, he filed charge sheet.
03.The case was taken on file by my predecessor for the offence punishable U/Sec.498-A, 506 r/w.34 of Indian Penal Code and Sec.3 & 4 of Dowry Prohibition Act against the accused 1 to 7.
04.On appearance of accused 1 to 7 before the Court, copies of relevant documents were furnished to them as contemplated U/s.207
Cr.P.C.
05.This Court having considered the record, framed charge under section 239 Cr.P.C for the offence punishable under U/Sec.498-A, 506 r/w.34 of IPC and Sec.3 & 4 of DP Act against the accused 1 to 7 and the same was read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.
06.To prove the guilt of accused, the prosecution had examined
PWs.1 to 12 and Exs.P1 to Ex.P14 got marked. On behalf of defense,
DWs.1 & 2 were examined and got marked Ex.D1 to D8.
6
AJCJ Court, Chirala CC No.187 of 2015
07.After the closure of the prosecution side evidence, A1 to A7 are examined under Section 313 of Cr.P.C for the incriminating evidence against them and the denied the same. The accused reported no defence evidence on their behalf.
08.Heard the arguments of learned Assistant Public Prosecutor as well as learned counsel for defence. Perused the material available on record.
09.Now the point that arises for consideration is, “Whether the prosecution could able to prove and establish the guilt of the accused 1 to 7 for the offence U/Sec.498-A, 506 r/w.34 of IPC and Sec.3 & 4 of DP Act, beyond reasonable doubt?”
10. Point
To substantiate the case of prosecution, prosecution has cited
LWs.1 to 13. LW.1 – Kothagorla Anuradha, defacto complainant/victim examined as PW.1, LW.2 – Kakumanu Sambrajyam examined as PW.2,
LW.3 – Pakala Sitharavamma examined as PW.3, LW.4 – Kukkala
Srinivasula Reddy examined as PW.4, LW.5 – Kukkala Yanadi Reddy examined as PW.5, LW.7 – Patan Saleema examined as PW.6, LW.8 –
Thanneru Seetha Mahalakshmi examined as PW.7, LW.10 – Aksar
Unnisa Begum examined as PW.8, LW.11 – Avvaru Srinivasarao examined as PW.9, LW.6 – Purimitla Padma examined as PW.10, LW.13-
N.Satyanarayana examined as PW.11, LW.12 – G.Hazarath Babu, S.I. of
Police, Chirala I Town P.S. examined as PW.12 and got marked Exs.P1 to
P14. On behalf of the defense, A1 Kothagorla Subbarao is examined as
7
AJCJ Court, Chirala CC No.187 of 2015
DW.1. G.Ramireddy, S.I. of Police, CCS, Ongole examined as DW.2 and got marked Exs.D1 to D8.
11(i). To fix up the guilt of the accused, PW.1 stated during her chief examination that, A1 is her husband, A2 is her mother-in-law, A3 is the younger sister of A1, A4 is elder brother to A1. A5 and A6 are the persons having illicit intimacy with A1. A7 is the son of A5. Her marriage with A1 was taken place at Vetapalem on 27-02-2004 as per their caste customs and rites. At the time of marriage, her parents presented a sum of Rs.1,50,000/- towards dowry, 2 sovereigns of gold chain, 2 sovereigns of gold bracelet and 2 sovereigns of gold ring presented to A1. By the time of marriage, A1 worked before C.R.P.F.
and for about 1 year A1 looked after her well. Both lead conjugal life for a period of one year happily in our house. In the month of
December 2004, she gave birth to a female baby.
(ii)After marriage, as A1 not attended his job at Jammu and Kashmir and lost his job, A2 and his relatives visited their house at Vetapalem on that ground. From that onwards A2 to A4 started demanding to handover the house property situated in Vetapalem by registering the same in the name of A1 as she gave birth to a female baby and A1 lost his job at C.R.P.F. In that process of demanding, A2 to A4 harassed her besides A1. A1 used to beat her. In the year 2005, as her parents not registered the house in the name of A1, A2 and her husband along with
A1 went to Santharavuru, their native place by leaving PW.1 and her daughter. In the year 2006, they tried to settle the issue by arranging
8
AJCJ Court, Chirala CC No.187 of 2015 mediation through elders even then accused demanded PW.1 to register the house in the name of A1. In the same year, A1 sent a legal notice demanding for restitution of conjugal rights. On that they gave proper reply. In the year 2009, A1 taken him along with his daughter and set up separate family at Mutyalapeta of Chriala in the manner of re-union. During the year 2009, A1 worked as Home Guard and developed extra marital relationship with A5 and A6 and he used to harass her in the manner of abuses from their side. A5 and A6 used to come upon their house and make galata with them. When she questioned the behavior of A1, he replied that he will not change his behavior as she failed to arrange the house as demanded by him and continued to harass her with the assistance of A5 and A6.
(iii)In the year 2011, A1 beat and necked out her along with her child from the house and filed O.P. claiming divorce from her. In the year 2012, A1 got selected as Constable and to close the litigation before court, A1 settled the matter with her and taken her for conjugal life in the manner of re-union. In the year 2013, she gave complaint before
Superintendent of police about the behavior of A1 with the assistance of A5 and A6. A5 and A6 abused her in un-parliamentary language. In the month of February, 2014 night time in the absence of A1, A5 to A7 came upon her house, abused her in filthy language and also beat her indiscriminately. During that incident, she questioned A5 to A7 about their behavior, then they replied that A2 to A4 instigated them to abuse her and beat her as she is not leaving the union of A1 even facing harassment. When she questioned A1 about the behavior of his
9
AJCJ Court, Chirala CC No.187 of 2015 followers for which he demanded her to get register the house property or to arrange a sum of Rs.10,00,000/- as additional dowry, otherwise he will not lead conjugal life with her and he will never leave A4 and A5.
(iv) With the said illegal demands, A1 beat her and necked out her in the year 2014. She tried for mediation through the elders on the side of A1, but there is no change in the behavior of A1 and his relatives also demanded her house property or Rs.10,00,000/- as
additional dowry. On that, finally she presented a report before Chirala
I Town Police station.
12.PW.2 mother of PW.1 testified in her chief examination that, marriage of PW.1 with A1 was performed on 27.02.2004 as per their caste custom and rites. At the time of marriage, she presented a sum of Rs.1,50,000/- towards dowry and one gold chain weighing two sovereigns and gold ring of one sovereign to A1. Immediately after marriage PW.1 joined A1 for conjugal life at Vetapalem. At the time of marriage, A1 represented that he was working as CRPF constable but he never attended the duty as CRPF Constable after their marriage.
PW.1 blessed with one daughter out of her wedlock with A1. Both PW.1 and A1 lead marital life at Radhakrishnapuram of Vetapalem Mandal by setting up separate family. After 8 months of their marital life, parents of A1 i.e. A2 and her husband Nageswara Rao started living with A1 and PW.1 as joint family. During that time, PW.1 was informed by A1 that his job opportunity was rejected by CRPF authority. From then onwards relatives of A1 started demanding additional dowry of Rs.10
10
AJCJ Court, Chirala CC No.187 of 2015 lakhs or to gift house property by her in the name of PW.1 for the reason that PW.1 gave birth to a female baby and a1 lost his job. In the year 2005, A1 and his parents left PW.1 and her child at Vetapalem stating that they will not allow for conjugal life unless until PW.1 demanded additional dowry of Rs.10 lakhs or house property from her.
In the year 2006, A1 started addicted to bad vices and sent a legal notice to PW.1 alleging that she is not permitting to sent PW.1 for conjugal life. On that, PW.1 got issued reply notice. She visited the house of A1 along with elder by name Masanam Pitchaiah (who is no more) for mediating the issue. A1, A2 and Nageswara Rao demanded her to arrange additional dowry of Rs.10 lakhs or house property otherwise they will not allow PW.1 for conjugal life. In the year 2007,
A1 got selected as Home Guard. In the meanwhile, A1 sent elders for mediation to settle the issue and demanded to sent back PW.1 for conjugal life. In the year 2010 PW.1 joined A1 and by that time, their child aged about 7 years old. They started leading conjugal life at
Mutyalapeta in a rented accommodation. As A1 developed extra marital relationship with A5 & A6 they started harassing PW.1 both physically and mentally by contacting her over phone and abusing her.
On that, PW.1 questioned A1 about the behaviour of A5 & A6 towards her. For which A1 replied PW.1 has to bear that harassment as she failed to arrange Rs.10 lakhs or house property and also stated that he will continue contacts with A5 & A6 only. On that, A1 beaten PW.1 and necked her out alongwith her child stating A5 & A6 will arrange amounts as and when required him and she is unable to meet his demands. In the year 2011, A1 filed HMOP claiming divorce. In the
11
AJCJ Court, Chirala CC No.187 of 2015 year 2012, A1 got selected as police constable. After selection A1 again approached her and requested her for sending back PW.1 to protect his selection. Then PW.1 again joined and set up separate family near to their house. During that period also A5 & A6 harassed
PW.1 contacting her over phone and abused her. In the year 2014, A5 & A6 visited the house of A1 and went upon PW.1 and beat her even in the presence of A1 who suggested A5 & A6 to left the place. All the above incident came to know through her daughter. She got recorded voice of A5 & A6 who abused PW.1 over phone. When she questioned
A1 about their behaviour, she again demanded her additional dowry or house property. With that demand again A1 beat PW.1 and necked her out. As there is no change in the attitude of A1, he had not taken back
PW.1 for conjugal life out of his demand finally PW.1 presented report
before police.
13.PWs.3 to 10 turned hostile and not supported the case of prosecution. Hence their evidence is no way helpful to the prosecution.
14. Coming to the evidence of PW.11, who is the investigation officer stated that on 28.01.2015 at about 13.00 hours he received the FIR in
Cr. No.24/2015 under Sec. 498 (A), 506 r/w 34 of IPC and Sec. 3 and 4 of D.P from L.W.12/G.Hazarath Babu, S.I of Police, Chirala I town P.S. He verified the contents of the FIR and took up investigation and examined
PW.1 and her mother PW.2 who are in the police station and recorded their statements. On the same day, he visited the scene of offence situated at Ambedkarnagar, Desaipeta, Vetapalem Mandal along with
12
AJCJ Court, Chirala CC No.187 of 2015 the PWs.1 and 2, secured the presence of PWs.3,4,5,10, examined them and recorded their statements, prepared rough sketch of the scene of offence. Later, on 29.01.2015, he visited the second scene of offence, where PW.1 and accused resided for some time, secured the presence of PWs.6 and 7, examined them and recorded their statements, prepared rough sketch of the scene. And then he visited
Mutyalapeta, Chirala Mandal, where the accused and PW.1 resided for some time, secured the presence of LW.9-Kollipeta Adinarayana, PWs.8 and 9, examined and recorded their statements, prepared rough sketch of the 3rd scene of offence. He found prima facie evidence against accused under Sec.109 of IPC, filed memo in the Hon’ble Court adding
Section under Ex.P13. Later, on 02.03.2015, at about 22.30 hours, he visited the house of A1 in Muthyalapeta surprisingly, arrested A1 and brought him to police station and produced before the Hon’ble Court for remand. On 04.03.2015, A2 to A7 surrendered before him and served
Sec.41(A) Cr.P.C notice to A2 to A7. After completion investigation, he filed charge sheet.
15.Coming to the evidence of PW.12 who is the Inspector of Police,
Chirala I Town P.S. stated during the chief examination that on 28.01.2015 while he was present in the P.S. PW.1 along with her mother, PW.2 came to Police station and presented a written report.
Basing on that, he registered as case in Cr. No.24/2015 U/s.498-A, 506 r/w.34 of IPC and Sec.3 and 4 of DP Act. Mean time, Inspector of police,
PW.11 came to P.S and taken over FIR from him for further investigation.
13
AJCJ Court, Chirala CC No.187 of 2015
16.By going through the evidence available on record, it is clear that except Pws.1, 2, 11 and 12, no other witness supported the accused.
PW.3 to 7 who are the neighbours of PW.2’s house are also not supported the case of prosecution. PWs.8 & 9 who are the neighbours of PW.1 and A1 house are also not supported the prosecution case. As per the evidence of PW.1, at the time of marriage, her parents presented a sum of Rs.1,50,000/- towards dowry and 2 sovereigns of gold chain, 2 sovereigns of gold bracelet and 2 sovereigns of gold rind presented to A1. In contra, as per the version of PW.2, at the time of marriage, she presented a sum of Rs.1,50,000/- towards dowry and 2 sovereigns of gold chain and 1 sovereign of gold ring to A1. She did not whisper about gold bracelet. As per the version of PW.1, they gave 2 sovereigns of gold ring, but as per the version of PW.2, they gave 1 sovereign of gold ring. As per the version of PW.2, after 8 months of their marital life, parents of A1 i.e. A2 and her husband Nageswara Rao started living with A1 and PW.1 as joint family. During that time, PW.1 was informed by A1 that his job opportunity was rejected by CRPF authority. But PW.1 never whispered a single word in her chief examination that after 8 months of their marital life, parents of A1 i.e.
A2 and her husband Nageswara Rao started living with A1 and PW.1 as joint family. As per the version of PW.1, A1 not attended the job at
Jammu & Kashmir and lost his job. But in contra, as per the version of
PW.2, his job opportunity was rejected by CRPF authority. As per the version of PW.1, in the month of February, 2014 night time, in the absence of A1, A5 to A7 came upon her house, abused her in filthy language and also beaten her indiscriminately. During that incident,
14
AJCJ Court, Chirala CC No.187 of 2015 she questioned A5 to A7 about their behaviour they replied that A2 to
A4 instigated them to abuse her and beat her as she is not leaving the union of A1 even by facing harassment. Later she questioned A1 about behaviour of his followers. In contra, as per the version of PW.2, in the year 2014, A5 & A6 visited the house of A1 and went upon PW.1 and beat her even in the presence of A1 who suggested A5 & A6 to leave the place. As per the version of PW.1, the said incident was occurred in the absence of A1 but as per the version of PW.2, in the presence of A1, the above said incident was occurred.
17.To nullify the case of the prosecution, accused himself examined as DW.1 and got marked Exs.D1 to D8. He stated that at the time of marriage PW.2 asked him to come for Illarikam, his father agreed to that effect. At the time of marriage, he understand a letter was given by the PW.2. On 16.09.2004 PWs.1 and 2 executed a letter in his favour that as he was working as CRPF constable, Katuva District and as
Jammu & Kashmir is faraway from the Andhra Pradesh they will provide a job in Police Department and till providing police job they will take care of him and his wife Anuradha and it was signed by PW.1 and PW.2.
As they assured him that they provide job in police department, he resigned as CRPF Constable. He along with his wife residing at the house of P.W.2(his mother-in-law). For some time they looked after him well and after the marriage of sister of PW.1, they started him “HELANAGA CHOODATAM”. As such he searched job on his own.
Marriage of sister of PW.1 was fixed on 04.12.2004 by the time PW.1 was pregnant with his first child. PW.2 asked them to reside separately
15
AJCJ Court, Chirala CC No.187 of 2015 as the pregnant woman should not be present in the marriage. As he was an unemployee and unable to provide food and shelter to PW.1 and her daughter, PW.2 necked him out from their house. On suggestion of his father, he requested PW.1 to come and join with him to lead marital life at his house which she refused him stating that she lives only with her mother. He sent legal notice to PW.1 asking her to come and join with him to lead marital life. PW.1 did not join with him and got filed
MC. No.21/2006 before this Court which was disposed. In which
maintenance was granted in favour of his daughter i.e., 2nd petitioner.
He filed GWOP No.26/2010 on the file of Hon’ble Prl. District Court,
Ongole seeking custody of his minor daughter. On filing of
GWOP.26/2010, PW.1 approached him and stated she would joined him to lead marital life after compromising the pending cases. As per the compromise, he withdrew the GWOP.26/2010 and HMOP. filed against
PW.1, PW.1 withdrawn the arrears of maintenance pending against him.
he took a house on rent and arranged household articles worth of
Rs.2,00,000/- after borrowing and PW.1 came and resided with him for one month. On 28.02.2011 at midnight hours PW.1, PW.2 and sister of
PW.1 came to their house and attacked him causing bleeding injuries upon his body by bearing with kitchen article. He got admitted in the hospital for treatment where his wounds were treated and he obtained accident register case record from Andhra Vydya Vidana Parishat through Right to Information Act. The Government Area Hospital,
Chirala OPPS police recorded his statement but the same was not registered in the crime as PW.2 was working as A.S.I., in Chirala I Town
Police Station. The property which is alleged by PW.1 and PW.2 is in the
16
AJCJ Court, Chirala CC No.187 of 2015 name of one Kakumanu Annapurnamma but not in the name of PW.2.
On 28.01.2015 PW.1 registered a case against him alleging that he was harassing PW.1 but he was on duty in Vetapalem Police Station along with Ramireddy, Sub-Inspector of Police. He was no way connected with
A5, A6 and A7.
18.As per the version of DW.1, on 28.02.2011 at midnight hours,
PW.1, PW.2 and sister of PW.1 came to his house and beat him and caused bleeding injuries. In support of his contention, he filed Ex.D6.
This court perused Ex.D6 in which the date of occurrence is on 28.02.2011. In that, the accused got treatment in Andhra Pradesh
Vaidya Vidhan Parishad. The wounds were marked in that case record as that, he was treated for his injuries. DW.1 further stated that, the sister of PW.1 also filed a case against her husband. Ex.D7 is the judgment in CC No.251/2006 filed by the sister of PW.1 against her husband. The property which is alleged by PW.1 and PW.2 is in the name of one Kakumanu Annapurnamma but not in the name of PW.2. In the cross examination, PW.1 admitted that, witness is confronted with certified copy of letter executed by mother of witness in which the signature. Ex.D1 is marked, in that, she did not state before police that her husband was working as CRPF constable. She further admitted that, she stated before the court that at the time of marriage, she gave dowry of Rs.1,00,000/-, watch, gold ring and adapaduchu katnam of
Rs.20,000/-. She further admitted that she received notice from A1 through his counsel Sri N.Sivarama Krishnaiah, Advocate on 20.04.2006 to restitution of conjugal rights. She sent the reply notice
17
AJCJ Court, Chirala CC No.187 of 2015 dt.12.05.2006. She further submitted that she did not produce the evidence that she gave dowry of cash and gold to the accused. Witness identified the signature on the proceedings conducted at Guntakallu dt.29.11.2016 and admitted that the statement is given by her. She further admitted that she did not state in the statement that one
Annapurnamma is her maternal grand mother, who died in the year 2006. The two houses in Vetapalem are in the name of her mother at present and previously they were in the name of her maternal grand mother. She don’t know whether the land on which the two houses situated is the government land. She further submitted that, maintenance was granted only for her daughter and not granted for her. She has not preferred any appeal against the order of not granting maintenance to her. Her mother was working as S.I. of Police, Ongole at the time of filing the case. Her mother worked in Chirala I Town and
II Town for may years. Witness is confronted with the document dt.20.05.2016, the departmental proceedings of FRP Guntakal and she was asked to identify the signatures for which she admitted the signatures on the second paper is of her and denied the signatures on remaining three papers. She stated in the report dt.28.01.2015 in the month of April, 2014, she was necked out by A1 at about 2.30 PM. At that time, A1 was working as Constable in Vetapalem P.S. and she did not state that report lodged about the date and time. By her admissions in the cross examination, it is clearly established that, the property which was demanded by the A1 to transfer in his name is not in the name of PW.1, and it was in the name of her grand mother
Annapurnamma who was died in the year 2006. Later the properties
18
AJCJ Court, Chirala CC No.187 of 2015 are in the name of her mother and as per PW.1’s admission, A1 filed a petition for restitution of conjugal rights against her and her mother.
19.To support the case of defense, accused got examined
G.Ramireddy, S.I. of Police as DW.2. During his chief examination, he admitted the signature and handwriting on the document is belong to him i.e. the copy of General Diary dt.21.04.2014. As per GD, P.C.
No.3746 is accused and accused was with him on 21.04.2014 from 02.00pm to 09.00pm and the same was mentioned in general diary.
Hence PW.1 stated in her report on 21.04.2014 at 2.30 PM necked her out from his house, but as per the contention of DW.2, the accused present was with him on 21.04.2014 from 2.00 PM to 9.00 PM. PW.2 admitted in her cross examination that, A1 was working as CRPF constable. She also stated in her 161 CrPC statement, that he did not join CRPF after marriage, he was removed from the service and she further admitted that she did not state before police at the time of marriage, Rs.1,50,000/- dowry, gold chain, gold ring one sovereign was given by her to the accused. She further stated that she have a house in Ambedkar Nagar and another house at Radhakrishnapuram. The two houses are in the name of her mother by name Annapurnamma and the same two houses are assigned lands which are not transferable and registerable. She stated before police that, A1 and PW.1 residing at their another house in Ambedkar Nagar and she further stated in her chief that A1 and PW.1 resided at Radhakrishna Puram. She further admitted that in her employment details, her grand daughter is shown as her daughter. She follows Christianity. Her two daughters use to follow Christianity and she never gave any report against A5 to A7
19
AJCJ Court, Chirala CC No.187 of 2015
before filing this case. As per her admissions also, it is clearly
established that the house properties which were demanded by A1 is not in the name of PW.1. The properties are in the name of one
Annapurnamma, who is the mother of PW.2 and the said two houses situated in the assigned lands which are not transferable and registerable.
20.PW.11 the investigation officer admitted in his cross examination that, no documents or any other proof were produced by PW.1 before him at the time of report and examination. The documents in proceedings of maintenance case, divorce case and exchange of notices were the vital documents in this case. PW.1 did not submit any type of documentary regarding any case. He did not secure those documents. PW.2 was working in the police department at the time of lodging report. PW.2 did not state before him about the fact of giving dowry and gold ornaments. PW.1 did not mention the specific time and date of demanding dowry and giving threats by the accused. PW.1 or
PW.2 did not state about sending the elders to the accused for mediation. He further admitted that, there was a delay of nine months in lodging the report by the complainant/PW.1 in FIR. The reason for delay in FIR mentioned as ‘No Delay’. There is no signature of PW.1 in column no.14 of FIR. There is no demand of Rs.10,00,000/- as
additional dowry in Ex.P1 by the complainant. The said demand was
mentioned in 161 CrPC statement of PW.1. He further admitted that, there is no bad conduct of A1 in police department. It is the general duty of home guards and constable to get the information about the
20
AJCJ Court, Chirala CC No.187 of 2015 offences and offenders. There was no medical report regarding alleged burn marks made by the A1 against PW.1. PW.1 not mentioned in her 161(3) CrPC statement about her burning injuries caused by A1 as mentioned in Ex.P1. According to his investigation, the demand about the transfer of house property by A1 was in the name of PW.2. he verified the documents regarding the house property alleged to be demanded for transfer by A1 on his name was in the name of PW.2. A1 worked as CRPF constable at the time of their marriage.
21.By the admissions of investigation officer, it was clearly established that, PWs.1 and 2 never stated before the police that at the time of marriage, they gave dowry to the A1 and PW.1 never mentioned about the additional dowry of Rs.10 lakhs in her Ex.P1 and there is 9 months delay in lodging report. In FIR, there is no reason mentioned in the delay column. According to investigation, the house properties which were demanded by A1 are in the name of PW.2. A1 demanded PW.1 and 2 to transfer the house in the name of A1 and he continuously harassed to transfer the house. In the cross examination of PWs.1, 2 and 11, they categorically admitted that the house which was demanded by A1 to transfer in the name of him, was not in the name of PW.1, it was in the name of one Annapurnamma who is the grand mother of PW.1 and they are situated in the assigned lands which are not transferable. According to dowry harassment, PW.1 never submitted in her report that she gave dowry to the A1 at the time of marriage and in her chief examination, she stated that her parents presented a sum of Rs.1,50,000/- to A1 as dowry. As per the
21
AJCJ Court, Chirala CC No.187 of 2015 report of PW.1, on 21.04.2014 at 2.30 PM, A1 necked out her from his house, but as per the evidence of DW.2, it is clear that on 21.04.2014 from 2.00 PM to 9.00 PM, A1 was alongwith him on his duty. Moreover,
PW.1 admitted in her cross examination that she filed a maintenance case against A1 in MC No.21/2006 and her deposition in the said MC
No.21/2006 is marked as Ex.D4. In Ex.D4 she admitted that, her mother beat A1 on 28.02.2011. The admission of PW.1 and her deposition in
MC has proved by Ex.D4 in which it is clearly established that, on 28.02.2011, A1 took treatment in Andhra Pradesh Vaidya Vidhan
Parishad, Hyderabad. PWs.1 and 2 never whispered anything in her chief examination about Ex.D1. Hence, Except PWs.1 and 2, no other witnesses supported the prosecution case. As per the admissions of
PW.11, who is the investigation officer, the delay of lodging the report also not clearly established and as per the admissions of Pws.1, 2, 11 and 12, it is clear that their evidence is suffering with so many contradictions, omissions and exaggerations which did not inspire the confidence of this court.
22.It is better to extract Sec.498-A as it is, for better appreciation:
Section 498-A of Indian Penal Code - ‘whoever, being the
husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with
imprisonment for a term which may extent to three years
and shall also be liable to fine’.
Explanation : Cruelty means – (a) any willful conduct
which is such a nature as is like to drive the woman to
commit suicide or to cause grave injury or danger to life,
22
AJCJ Court, Chirala CC No.187 of 2015
limb or health (whether mental or physical) of the
woman; or
(b) harassment of the woman where such harassment is
with a view to coercing her or any person related to her
to meet any unlawful demand for any property or
valuable security or is on account of failure by her or any
person related to her to meet such demand.
23.For the purpose of the case in hand, the first limb of the explanation in otherwise germane proof of willful conduct actuating the women to commit suicide or to cause grave injury or damage to life, limb or health (whether mental or physically) is the sine qua non for the entering a finding of cruelty against the person charged.
As per the admissions in the PW.11 evidence, there is no medical report regarding the alleged burn marks and PW.1 not mentioned in her 161(3) CrPC statement about her burnt injuries caused by A1 as mentioned by PW.2. No physical injury also caused by A1 against PW.1.
Hence the ingredients of Sec.498-A was not attracted to this case.
24.In a case between Vadala Vinay Kumar Vs. State of A.P.,
reported in 2006(1) ALT (Crl.) 437, the Hon’ble High Court of
A.P. observed at paragraph No.13 that, “in any marital life, it
cannot be said that there was total harmony and it is not
uncommon between the wife and husband to have some petty
quarrels, which in my considered view, cannot be termed as
cruelty to attract the provisions of section 498-A IPC.
Therefore, the misunderstanding between the couple cannot
be termed as cruelty within the meaning of section 498-A IPC.
23
AJCJ Court, Chirala CC No.187 of 2015
The cruelty described in section 498-A IPC is somewhat severe
and it should be in such a manner which drives a woman to
commit suicide”. Here in the present case also there is no such serious allegations to prove the cruelty against PW.1, to constitute the offence punishable u/s.498-A IPC.
25.Regarding the dowry allegations, this court relied on following judgment, the Hon’ble High Court of A.P. in Tammineni Bhaskar Rao
Vs. State of A.P. reported in 2007(1) ALT(Crl.) 434 at paragraph 31 observed that, ‘Rule 10 of Andhra Pradesh Dowry Prohibition
Rules 1998 provides that any offence U/s.3 and 4 shall be filed
before expiry of one year’.
26.Rule 10 of Dowry Prohibition Rules 1998, says that any dispute pertaining to Sec.3 & 4 of Dowry Prohibition Act, shall be filed within one year. In the present case, the marriage of PW.1 and A1 took place on 27.02.2004. Ex.P1 complaint is lodged by PW.1 on 28.01.2015.
Hence, the allegations with regard to Dowry cannot be considered.
27.In these circumstance, this court is of the view that the prosecution has failed to establish the guilt of A1 to A7 for the charges framed u/s.498-A, 506 r/w.34 IPC and Sec.3 & 4 of Dowry Prohibition
Act beyond all reasonable doubt, hence accused nos.1 to 7 are entitled for acquittal. Accordingly, this point is answered.
24
AJCJ Court, Chirala CC No.187 of 2015
28. In the result, the accused 1 to 7 are found not guilty for the offence punishable under U/Sec.498-A, 506 r/w.34 IPC and Sec.3 & 4 of
DP Act. Accordingly, this Court acquitted the accused 1 to 7 under
Section 248(1) of Cr.P.C for the said offence. As per Sec.437-A Cr.P.C., the bail bonds of accused 1 to 7 and of their sureties shall remain in force for 6 (six) months from today.
Dictated to the Stenographer, transcribed, corrected and
pronounced by me in the open Court, this the 8 th day of September,
2022.
Sd/- Sk.Rehana
Prl. Junior Civil Judge, Chirala. FAC Addl. Junior Civil Judge, Chirala.
Appendix of Evidence
Witnesses examined on behalf of:
Prosecution: Defense:
PW.1: Kothagorla AnuradhaDW.1: Kothagorla Subbarao
PW.2: Kakumanu SambrajyamDW.2: G.Rami Reddy
PW.3: Pakala Seetha Ravamma
PW.4: Kukkala Srinivasula Reddy
PW.5: Kukkala Yanadi Reddy
PW.6: Patan Saleema
PW.7: Tanneru Seetha Mahalakshmi
PW.8: M.Aksar Unnisa Begum
PW.9: Avvaru Srinivasa Rao
PW.10: P.Padma
PW.11: N.Satyanarayana, Inspector of Police
PW.12: G.Hazarath Babu, Inspector of Police
25
AJCJ Court, Chirala CC No.187 of 2015
Exhibits marked on behalf of
Prosecution :
Ex.P1 : Report given by PW.1
Ex.P2 : Portion of 161(3) CrPC statement of PW.3
Ex.P3 : 161(3) CrPC statement of PW.4
Ex.P4 : 161(3) CrPC statement of PW.5
Ex.P5 : 161(3) CrPC statement of PW.6
Ex.P6 : 161(3) CrPC statement of PW.7
Ex.P7 : 161(3) CrPC statement of PW.8
Ex.P8 : 161(3) CrPC statement of PW.9
Ex.P9 : 161(3) CrPC statement of PW.10
Ex.P10 : Rough sketch of 1st scene of offence.
Ex.P11 : Rough sketch of 2nd scene of offence.
Ex.P12 : Rough sketch of 3rd scene of offence.
Ex.P13 : Section adding memo
Ex.P14 : Original FIR
Defense:
Ex.D1 : Letter executed by PW.1.
Ex.D2 : Certified copy of legal notice of PW.1.
Ex.D3 : Certified copy of reply notice.
Ex.D4 : Certified copy of deposition of PW.1 in MC 21/2006.
Ex.D5 : Certified copy of GWOP in 26/2010
Ex.D6 : Accident Register & Case Record of AP Vaidya Vidhan Parishad.
Ex.D7 : Certified copy of judgment in CC 251/2006.
Ex.D8 : General Dairy extract dt.21-04-2014.
Material Objects marked
Nil
Sd/- Sk.Rehana
PJCJ, Chirala.
FAC AJCJ, Chirala.
Copy submitted to The Hon’ble I Additional District & Sessions Judge, Ongole.
26
AJCJ Court, Chirala CC No.187 of 2015
IN THE COURT OF THE ADDITIONAL JUDICIAL MAGISTRATE OF
FIRST CLASS, CHIRALA.
CALENDAR IN C.C.No.187/2015
1.Date of offence/prior to28-01-2015
Date of Report or
2.28-01-2015 complaint
3.Date of taken on file04-04-2015
Date of apprehension of
4.31-08-2015 accused
5.Date of release on bail-----
Date of commencement of
6.13-10-2017 trial
7.Date of close of trial01-04-2021
8.Date of Sentence or Order08-09-2022
State, represented by : Sub-Inspector of Police, Chirala I Town
9.Complainant P.S.
10Description of accused 1.KothagorlaSubbarao,S/o Nageswara Rao (late), 32 years, Yadava by caste, Santharavuru Village, Chinnaganjam Mandal.
2. Kothagorla Subbayamma, W/o Nageswara Rao (late), 56 years, Yadava by caste, Santharavuru Village, Chiannaganjam Mandal.
3. Golla Eswaramma, W/o Venkata Rao, 31 years, Yadava by caste, ChandaluruVillage,J.Panguluru Mandal.
4. Kothagorla Srinivasa Rao, S/o Nageswara Rao, 39 years, Yadava by caste,SantharavuruVillage, Chinnaganjam Mandal.
5.Malli Yesamma, W/o Krupanandham, 55 years, Elurkala by caste, New Colony, Near Salvation Army Church, Ramanagar, Chirala.
27
AJCJ Court, Chirala CC No.187 of 2015
6. Koneti Prameela, W/o Srinivasulu, 40 years, Erukala by caste, New Colony, Near Salvation Army Church, Ramanagar, Chirala.
7.MalliAnandBabu,S/o Krupanandham, 28 years, Erukala by caste, New Colony, Near Salvation Army Church, Ramanagar, Chirala.
U/Sec.498-A, 506 r/w.34 IPC, 11Section of Law Sec.3 & 4 of DP Act 12Plea of Accused Pleaded not guilty. 13Finding of Court Found not Guilty.
14. Sentence or Order :
In the result, the accused 1 to 7 are found not guilty for the offence punishable under U/Sec.498-A, 506 r/w.34 IPC and Sec.3 & 4 of DP Act. Accordingly, this Court acquitted the accused 1 to 7 under Section 248 (1) of Cr.P.C for the said offence. As per Sec.437 A Cr.P.C the bail bonds of accused 1 to 7 and of their sureties shall remain in force for 6 (six) months from today.
15. Explanation for delay and Remarks :
This case was taken on file on 04-04-2015. On 31-08-2015 copies furnished to the accused and on 21-07-2017 accused 1 to 7 were examined u/s.239 Cr.P.C and charges under section 498-A, 506 r/w.34 IPC and Sec.3 & 4 of DP Act were framed against the accused 1 to 7, read over and explained to them in Telugu, for which they denied the offence and claimed to be tried. On behalf of the prosecution, PWs.1 to 12 examined and got marked Exs.P1 to P14. On behalf of defense, DWs.1 and 2 were examined and got marked Exs.D1 to D8. After closure of prosecution side evidence, on 07-04-2021 accused 1 to 7 were examined under Section 313 of Cr.P.C by examining the incriminating material against them and for which they denied and reported no defence evidence. Heard Arguments. Judgment
pronounced in open court on 08.09.2022. Hence, the delay.
Sd/- Sk.Rehana
PJCJ, Chirala. FAC AJCJ, Chirala. Copy submitted to : The Hon’ble I Addl. Dist. & Sessions Judge, Ongole.
28
AJCJ Court, Chirala CC No.187 of 2015