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IN THE COURT OF ASSISTANT SESSIONS JUDGE AT
KAMAREDDY
Present: Ms. T. Nagarani ,
Assistant Sessions Judge,
Kamareddy
Thursday, the 12th day of September, 2024
S.C. No. 74 of 2021
1. Name of the ComplainantThe State represented by S.I of :Police of P.S. Bichkunda.
2. Name of accused:A1-Lodda Chinna Mogulaiah @ Mohan, S/o. Gangaram, Aged 39 years, Caste: Lodda, Occ: Labour, R/o. Gundenamli village of Bichkunda Mandal,
A-2- Sunkala @ Lodda Lachavva W/o. Gangaram, Aged 55 years, caste: Lodda, Occ: Agriculture, R/o. Gundenamli village of Bichkunda mandal,
A-3- Sunkala @ Lodda Gangaram, S/o. Laxmaiah, Aged 62 years, Caste: Lodda, Occ: Agriculture, R/o. Gundenemli village of Bichkunda mandal,.
3. Charges:U/Sections 498-A, 306 r/w 34 of IPC against A-1 to A-3
4. Plea of the accused:Not guilty
5. Finding of the Judge:Found not guilty
6. Sentence or order :The accused Nos 1 to 3 are found
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not guilty for the offences under sections 498-A and 306 r/w 34 of IPC accordingly they are acquitted for the same, under Section 248 (2) Cr.P.C. The bail bonds of the accused Nos 1 to 3 are ordered to be cancelled after appeal time. Mos.1 and 2 vide CPR.No. 47/2020 are ordered to be destroyed after completion of appeal time.
7. Prosecution conducted by:Sri N. Damodhar Reddy
Additional Public Prosecutor
8. Accused defended by:Sri. B. Damodhar Reddy, Advocate
for Accused.
This case coming before me for hearing on 05-09-2024 in the presence of N. Damodhar Reddy, Addl. Public Prosecutor for the State and of Sri. B. Damodhar Reddy, Advocate for the Accused Nos 1 to 3, and having heard and stood over for consideration, till this day, this Court delivered the following:-
:: J U D G M E N T ::
1.This is a case of ‘subjecting a married women to cruelty and abetment of suicide’, for which the Sub-Inspector of Police, P.S.
Bichknda, filed charge sheet for the offences punishable under sections 498-A and 306 r/w 34 of IPC against the accused Nos 1 to 3 .
2. The brief facts of the prosecution case is as follows:
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On 27-01-2020 at 10-00 a.m, Sri V. Bhansi/S.I of police/1 st
Investigation officer proceeded to Government hospital on receiving telephone message and secured the complainant/injured and examined about the incident and recorded the statement of
Injured/Smt. Lodda Lalitha at Government hospital, Nizamabad on 27-01-2020 at 12-00 hours in which she stated that her parents were residing at Makloor village and they are three daughters to their parents and she is second daughter. Eighteen years back her marriage was performed with Lodda Chinna Mogulaiah @
Mohan. And she blessed with 2 daughters and they lived their life happily for the last 17 years and two years back her husband went to Gulf for employment and from last two months her husband not sending money from Abroad and harassing her mentally on calling through phone. Her mother in law Lodda Lachavva and her father in law Lodda Gangaram harassed her mentally by saying that she is roaming in the village Lavishly and informing the same to her husband on phone due to above harassment of the accused on 26- 01-2020 at about 10-00 hours she took plastic bottle contained kerosene and poured herself on body and lit fire herself to her saree by hearing her shouting with pain her cousin Lodda Padma and her elder daughter Nirosha poured water on complainant’s
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body to rescue her from the fire and shifted her to Government hospital, Banswada in an 108 ambulance on advise of duty doctor she was shifted to Government hospital, Nizamabad, for better treatment. She received burn injuries on her two hands, waist, back side and on her both legs and requested to take necessary action against the accused. After recording the statement of the complainant she return to police station by 4-00 p.m, and registered a case in crime No. 11/2020 for the offences u/sec.
498-A r/w 34 IPC and examined and recorded the statement of other witnesses thereafter, proceeded to Gundenemili village observed the crime scene at scene of offence panchanama in the presence of secured panch witnesses and drawn rough sketch of the scene and seized one plastic bottle and one lighter from the crime scene. On 27-01-2020 at 12-45 a.m, Smt.Peddi Chandana,
Hon’ble Spl. Judl. Magistrate of F.C., (Proh. & Excise), Nizamabad,
recorded the dying declaration of Smt Lodda Lalitha. On 01-02- 2020 Sri R. Krishna/S.I of police, resumed further investigation of the case and verified the investigation done by previous investigation officer and found it on proper lines. On 12-02-2020 at 7-00a.m R. Krishna/S.I of police received information while undergoing treatment at Government area hospital that injured
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succumbed with injuries on 11-02-2020 at 07-45 p.m, then he instructed Sri M. Kondalreddy/A.S.I of police to visit the
Government hospital, Nizamabad, who conducted inquest panchanama over the dead body of the deceased in the presence of secured witnesses at Government area hospital and recorded the statements of other witnesses at hospital. As such, he added the section 306 of IPC to the sections 498-A r/w 34 IPC. On 21- 02-2020 on credible information he went to Gundenemli village and apprehended the accused A-1 to A-3 at their residence and they confessed about the committed this offence. He brought the accused to police station at 10-30 hours and effected their arrest by issuing arrest memos duly informing the grounds for which the accused were taken into custody to them and to their relatives as per section 50 Cr.P.C. and produced the accused A-1 to A-3 before the Hon’ble Court for judicial custody. On 07-03-2020 he obtained
Post Mortem Examination report of the deceased from Dr. R.
Sridhara chary/Asst. Professor, Department of Forensic Medicine,
Government Medical college general hospital, Nizamabad, who conducted autopsy over the dead body of the deceased Smt.
Lodda Lalitha wherein he opined that the death of the deceased is due to “FLAME BURNS AND ITS COMPLICATIONS”. After
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completion of investigation, he filed charge sheet against the accused A-1 to A-3 for the offences under sections 498-A and 306 r/w 34 of the IPC.
3.The learned Judicial Magistrate of First Class, has taken the case on file for the offences punishable u/sec. 498-A, 306 r/w 34 of IPC and committed the case in PRC No. 02 of 2020 to the Court of Sessions, Nizamabad. The Hon’ble Prl. Sessions Judge,
Nizamabad, took the case on file for the offense punishable u/sec.
498-A, 306 r/w 34 of IPC against accused Nos 1 to 3 and made over the same to this Court for disposal according to law.
4.After appearance of the accused Nos 1 to 3, based on the material available on record, as well as the allegations leveled in the charge sheet, for the offences punishable u/sec. 498-A, 306 r/w 34 of IPC, against accused Nos 1 to 3 are framed and explained to the accused, for which they denied and claimed to be tried.
5.In order to prove the case of prosecution, it has examined
PWs.1 to 13 out of 17 cited witnesses and got marked Exs.P1 to
P11 documents are marked. The prosecution given up the
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evidence of witnesses namely Smt. Lodda Lalitha, Smt. Ravula
Muthamma and Sri Dr. R. Sridhara Chary.
6.After closure of prosecution evidence, the accused is examined U/sec 313 Cr.P.C. in the evidence of prosecution witnesses, for which they denied the same and reported no defence evidence on their behalf.
7.Heard arguments on both sides.
8.Now the point for determination is :
“Whether the prosecution evidence is sufficient to convict the accused for charged offences punishable u/sec. 498-A, 306 r/w 34 of IPC against accused Nos. 1 to 3 ?”
9. Point:-
As per the report of Investigation Officer the accused Nos 1 to 3 who are the family members of the deceased Boi Maishavva @
Laxmi in the present case alleged to have committed offences under section 498-A and 306 r/w 34 of IPC against the Accused
Nos. 1 to 3. The prosecution alleged that the accused No.1 being husband of the deceased Laitha, the accused No.2 being the mother in law of the deceased Lalitha and the accused No. 3 being the father in law of the deceased committed the charged offences.
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10.On perusal, the evidence of PW-1/Kumari L.
Neerosha/witness, elder daughter of the deceased Lalitha reveals that on 11-02-2020 deceased Lalitha died as she poured kerosene on her body on 26-01-2020 at 9-00 p.m, and set fire by gas stove to her saree and came out with hues and cries, then she along with Lodda Padma poured water and shifted to hospital, Banswada from there shifted to Nizamabad Government hospital, for better treatment and her mother poured kerosene due to harassment of accused Nos.1 to 3 as the accused A-1 went to Abroad two years prior to the death of his wife deceased Lalitha and her parents/accused A-2 and A-3 abused the deceased Lalitha by suspecting her character and used to inform to the accused A-1 through phone as such, A-1 stopped sending money from two months and also abused deceased over phone and suspected deceased due to said harassment deceased who is her mother committed suicide and died after 15 days of this incident who sustained injuries on her two hands, waist back side and both legs and A-1 to A-3 are the reason for death of her mother.
11.In her cross examination by defence counsel she stated that she along with her mother, and her younger brother and her sister were residing and her grand parents A-2 and A-3 used to residing
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the seperate house situated opposite to their house and Lodda
Padma used to reside in seperate house and the younger brother of A-1 residing at Chinna Devara village who went as Illitam son in law. She admitted that A-2 and A-3 along with her younger brother and sister went to Chinna Devarapally village four days prior to 26-01-2020 and they have come back at 4 or 5 p.m, on 26-01-2020. On 26-01-2020 night her younger brother and sister went to see circus in their village and accused A-2 and A-3 went to their house. She denied all the given suggestion that accused A-2 not returned from Chinna Devarapally, and accused A-3 went to
Swadhyaya program in the village. She stated that her mother was cooking in the kitchen at the time of incident. She denied the given suggestion that her mother was cooking in the kitchen at the time of incident. She denied the given suggestion that at the instance of police and her maternal grand parents she is deposing false. She stated that at present her younger brother and sisters are with her father and she is staying with her maternal grand parents after the death of her mother. She stated to police that accused stopped sending money for two months. She stated that herself and her sister were outside of the house, when her mother came out from the house by crying with flames on her body. She
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stated that at Government hospital, Banswada, her mother was treated and thereafter, shifted to Government hospital,
Nizamabad, her maternal grand parents came to Nizamabad hospital and they spoke with her mother in the hospital till arrival of police her maternal grand parents were in the hospital at
Nizamabad and A-1 returned from Dubai after death of her mother.
12.PW-2 P. Pedda Sayanna evidence reveals that about 32 years back he performed marriage of his daughter with A-1 and blessed with two daughters one son and two years back his daughter Lalitha committed suicide by pouring kerosene on her body. Two years prior to the death of Lalitha her husband A-1 went to Dubai and stopped sending money two months prior to her death and A-2 and A-3 suspected character of his daughter and informed the same to A-1 through phone as such, his daughter
Lalitha committed suicide and he went to Nizamabad Government hospital and found his daughter with burn injuries on two hands, legs and back of the body. On 26-01-2020 she set fire to her body. On 11-02-2020 his daughter died due to burn injuries. Due to mental harassment of the accused his daughter was committed suicide.
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13.In his cross examination by the defence counsel he stated that police recorded his statement on the next date of the incident.
PW-1 called and informed about the incident and he went to
Nizamabad Government hospital at Night and spoke with his daughter for about 10 minutes in the hospital. He admitted that
A-1 and his brother have seperated and A-2 and A-3 residing in the seperate house from five years of marriage of accused A-1 with his daughter. He denied all the given suggestion that accused not harassed his daughter never suspected her character and he did not stated to police that A-1 stopped sending money two months prior to death of his daughter and his daughter accidentally caught fire to her saree while she was cooking in the kitchen and they give false statement intentionally against the accused after the death of his daughter and he also denied that they tortured his daughter to give false dying declaration against the accused and only to harass the accused and to extract money and he deposing false.
14.PW-3 L. Padma evidence reveals that about four years back deceased Lalitha came to her house with flames by saying that while she was cooking suddenly ablazing flames on her saree and she poured water on her to stop the flames. Her daughter
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Nikhitha also came and poured water to stop flames. Then called 108 ambulance and shifted the deceased to Government hospital,
Banswada and from there shifted to Government hospital,
Nizamabad. And deceased received burn injuries on back side on the body hands and legs and she do not know the reason for the incident. She was declared hostile by the learned APPO and nothing was elicited in favour of prosecution and against the accused in her cross examination. She admitted in the cross examination of APP that they are residing in same compound wall in seperate houses as she and deceased are co sisters. In her cross examination by the defence counsel she admitted that two three months after the marriage of A-1 she started seperate family and her in laws also living seperately four to five days prior to the incident, her in laws went to her another younger brother in law house at Devara village. On the date of incident A-1 was at Soudi and she admitted that deceased also stated to doctor at the time of joining in the hospital that due to accidentally falling on the flames her saree it was ablazed to flames and due to power cut in darkness she could not observed about falling her saree in to the flames. On the advice of the doctors at Banswada they shifted her to Government hospital, Nizamabad and parents of the deceased
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came to Nizamabda hospital, directly after shifting to there and prior to arrival of the police parents of the deceased talked with her where police came to the hospital next day morning. In her re examination by the learned APPO she stated that incident took place at 10-00 p.m and she denied the given suggestion that deceased never stated to government doctor about incident that due to falling her saree on fire it was ablaze with flames and parents of deceased did not talked with her prior to coming of the police and she is deposing false to help her in laws A-2 and A-3 and her brother in law A-1 and on the date of incident A-2 and A-3 were present at the place of incident.
15.PW-4/Lodda Nikhitha evidence reveals that about 4 years back due to said ablaze flames at kitchen to saree of her mother died and she along with her younger brother and elder sister PW-1 are the children of their parents on the date of incident her mother returned from agriculture work and went inside of the house for cooking and there was no power supply on that day. Herself and her sister were outside of the house by talking to each other mean time their mother came out from the house with flames and run towards her elder paternal aunt’s house, then she along with her sister followed her mother and they along with her paternal aunt
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PW-3 stopped the fires by pouring water and called ambulance and shifted to Banswada Government hospital and her mother told to doctor that she was ablaze to flames due to falling her saree on the stove while cooking when the doctor asked how the incident occurred but she was outside of the room at that time and they shifted to her mother at Nizamabad Government hospital on the advise of doctor and she do not know the reason for ablaze flames to her mother. She was declared as hostile by the learned APPO and in her cross examination by the APP she stated that at present she residing at her in laws house and she was with her father till her marriage which took place in the year, 2022. She denied all the given suggestion that she stated to police as in Ex.P-2 and A-1 to A-3 are the responsible persons for the death of her mother and at Banswada Government hospital, her mother not told to doctor that she was ablaze with flames due to falling her saree on the stove while cooking and doctor never asked to her mother how the incident occurred and her mother died due to harassment of A-1 to
A-3 and she is deposing false at the instance of her paternal grand parents as she lived with them and her father performed her marriage. She stated that her elder sister residing with her maternal grand parents. She also stated that she can identify her
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mother signature and the complaint bears the signature of her mother and immediately stated that said signature not belongs to her mother.
16.PW-5 G. Swaroopa evidence reveals that due to harassment of her in laws and her husband her deceased sister poured kerosene on her body and set fire by putting her saree on gas stove flames for not available match box she flamed the gas stove with lighter and set fire to her body and received burnt injuries to her right hand, back of the body and her legs and the same informed to her and her mother, immediately they rushed to
Nizamabad Government hospital in the morning as the deceased was already shifted to Government hospital, Nizamabad. At
Nizamabad hospital she observed the injuries on her sister body and her sister committed suicide due to harassment of her in laws by blaming her character and her husband stopped sending money to her sister from his working place at Soudi.
17.In her cross examination by the defence counsel she stated that two days after the incident her statement was recorded by the police at Nizamabad Government hospital and her in laws house at
Chinnapoor village at Makloor mandal and A-1 is having two
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brothers and she do not know whether partition took place among the three brothers or not. She admitted that after the marriage of her younger sister deceased with A-1 all the three brothers of A-1 started seperate family and also admitted about A-2 and A-3 also residing seperately and at the time of incident A-1 is at Soudi.
She denied all the given suggestion that due to harassment of A-1 to her sister and for not sending money she committed suicide and denied the given suggestion that her sister not committed suicide for the harassment of A-1 to A-3 and it was accident while she was cooking and sister died due to fire accident while she cooking but her parents to extract money from A-1 to A-3 created story of the harassment and her deceased sister informed to everyone about the incident as it occurred only due to fire accident while she was cooking but her parents influenced deceased to give false statement as her deceased sister died due to the harassment of A- 1 to A-3 and A-1 to A-3 are not responsible persons for the death of the deceased.
18.PW-6/Photographer deposed according to prosecution with regarding took photographs EX.P-3 of deceased where he was called by the police about four years back at 10-00 a.m, and he
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went to the Government hospital, Nizamabad and took the photographs of the deceased.
19.PW-7 Mamulla Ravi/panch witness for inquest panchanama deposed according to prosecution with regarding conducted inquest panchanama/Ex.P-4 over the dead body of the deceased at
Government hospital and found burnt injuries on her leg and hands and back of the body and police drafted inquest panchanama and obtained their signatures. In his cross examination by the defence counsel he stated that he know the father of the deceased Lalitha and he know the contents of the inquest panchanama which scribed in their presence. He denied given suggestion that no panchanama conducted in their presence over the dead body of the deceased and police took signature on written papers at the police station.
20.PW-8/Kalluri Laxman/panch witness for confession cum seizure panchanama, stated that in the year, 2020 police called him along with another panch witness and asked about boundaries and surrounding houses to the house of accused except that nothing was conducted before him and nothing was seized in his presence by police, police obtained signatures/Ex.P-5 he turned
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hostile and the learned APPO cross examined him and nothing was elicited in favour of prosecution and against the accused.
21.PW-9/K. Ram Reddy/another panch witness evidence reveals that about three years back police called him and PW-8 to act as panch witness to the scene of offence at house of accused and asked about boundaries and surrounding houses and obtained his signature Ex.P-6 and P-7 on some written papers and chit slips except that nothing was conducted before them and police not seized anything in their presence. He turned hostile learned APP cross examined but nothing was elicited in favour of prosecution and against the accused.
22.PW-10 Smt Peddi Chandana/Learned Judicial officer, evidence reveals that on 27-01-2020 at about 12-45 hours she received requisition through PC 966 of P.S. Navipet from police booth Government hopsital, Nizamabad, head quarters to record dying declaration of Smt Lalitha immediately she rushed to the
Government hospital, Nizamabad at 12-55 hours and she identified the injured with the help of duty doctor namely Giri Srujana and except herself and her office subordinate and duty doctor no one were present. And after obtained certificate from duty doctor she
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proceeded to record the statement and disclosed her identity to the patient and put preliminary questions and recorded the statement i.e., dying declaration of the injured who stated that her husband has been working at Soudi since two years and her father in law and mother in law suspecting her character by attributing illegal affairs with any male person when she talked to them for any help victim further stated that her in laws were saying false with her husband with a view to create suspicion on her and her husband also threatening her by saying that he will go for second marriage and her in laws watching frequently with suspicion when she went to Sai baba temple, at Nemli village, her in laws followed her to the temple as such she fed up with her life and poured kerosene on her and set ablaze on herself. After completion of recording of dying declaration as per procedure she obtained right thumb impression of the victim as victim reported she cannot signed that time itself. After again obtaining certificate from duty doctor she concluded proceedings by 13-30 hours. EX.P-8 is the dying declaration.
23. In her cross examination by the defence counsel she stated that she verified the case sheet of the patient and endorsed on it and she did not observed percentage of burns in the case sheet
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and she could not recollect the mentioned percentage of burns in received requisition due to lapse of time. She admitted that doctor mentioned as while recording statement in her certification of state of mind of the injured which was prior to recording of victim dying declaration by her and she cannot sign now reported by victim as such, she obtained thumb impression.
24.PW-11 V. Bhansi/S.I of police evidence reveals that on receipt of information he went to Government hospital and found the injured with burn injuries and recorded the statement of the injured and received it as complaint/Ex.P-9 and returned to police station and registered a case in crime No. 11/2020 and issued
F.I.R./Ex.P-10 and again went back to Government hospital and recorded the statement of witnesses and visited the scene at
Gundenemili village and conducted scene of offence panchanama in the presence of secured panch witnesses and seized empty plastic bottle/MO-1 and one lighter/MO-2 from the scene and after his retirement handed over the CD file to his successor Kondal
Reddy/S.I of police.
25.In his cross examination by the defence counsel he stated the distance between the police station Bichkunda to Nizamabad
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government hospital is about 70 kms and received information at about 11-00 a.m, from out post police of Nizamabad hospital and no GD entry made by him and reached hospital by 12-00 noon and recorded the statement of the injured Lalitha and the witnesses who are parents of the injured were present and he did not verify with doctor with regarding condition of the injured to record her statement and returned to police station by 3-00 to 3-30 p.m, and issued F.I.R by 4-00 p.m, and he cannot give exact time when he returned back to Nizamabad hospital after issuance of F.I.R by 4-00 p.m, but within 15 minutes he recorded the statements of witnesses and he returned back to police station at 7-00 p.m. on same day within one hour he went to scene from Nizamabad hospital and he did not send the bottle for FSL examination. He admitted that as per scene of offence panchanama conducted scene offence panchanama at 5-00 p.m. He denied the given suggestion that he did not recorded the statements of victim and witnesses and did not went to the hospital and not went to the scene and not conducted scene of offence panchanama and not seized Mos 1 and 2. And Mos 1 and 2 are planted for the purpose of this case. Further, he admitted that he did not affixed panch chits with signatures of panchas on Mos 1 and 2.
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26.PW-12/M. Kondal Reddy/A.S.I of police, deposed according to prosecution with regarding on given instructions of S.I of police, on 12-02-2020 he conducted inquest panchanama over the dead body of the deceased in the presence of secured panch witnesses and read over the contents and obtained the signatures on inquest panchanama/Ex.P-4 and recorded the statements of other witnesses at hospital and send the requisition to duty doctor to conduct P.M.E over the dead body of the deceased. In his cross examination by the defence counsel, he denied all the given suggestions that he did not visited the government hospital and not conducted inquest panchanama over the deceased, not examined evidence of any witnesses.
27.PW-13/R. Krishna/C.I of police, deposed according to prosecution with regarding received CD file from PW-11 and found it on proper line after verifying the same. On 12-02-2020 received information from Government hospital, Nizamabad, about death of
L. Lalitha/the injured then he instructed PW-12 to conduct inquest over the dead body of the deceased and he recorded the statement of the witnesses at Government hospital after conducting inquest panchanama over the dead body of the deceased on same day he added the section of law section 306
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IPC. On 21-02-2020 on reliable information went to the village of accused, Gundenemli and apprehended A-1 to A-3 in their house after confessed voluntarily about the offence he brought A-1 to A- 3 to police station and after arresting them send them to judicial remand and after collecting P.M.E report/Ex.P-11 and dying declaration/Ex.P-8 and after depositing Mos 1 and 2 in the court and after completion of investigation he filed charge sheet against the accused Nos 1 to 3.
28.In his cross examination by defence counsel he stated that he did not examined surrounding people of the deceased house and not recorded the statement of doctor of Banswada hospital who treated the deceased firstly and not collected case sheet from
Banswada hospital and not recorded the statement of doctor of
Nizamabad hospital and not collected case sheet from Nizamabad hospital and not collected any call data pertains to accused A-1 contacts with A-2 and A-3. He admitted that deceased was shifted to Government hospital, Banswada immediately after the incident and from Banswada hospital shifted to Nizamabad area hospital and also admitted that 16 days after joining in the Nizamabad hospital deceased died. He denied the given suggestion that A-1 to A-3 never confessed before him with regarding confessed
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offence and they are no way concerned with the offence falsely implicated them who are not responsible for the incident and filed charge sheet without proper investigation.
29. The evidence of PW-1 reveals that her mother poured kerosene on her and ablaze herself to attempt to commit suicide for the harassment of A-1 to A-3. Further her evidence also reveals that A-1 stop sending money to her mother since two months and A-2 and A-3 used to suspect the character of her mother for which A-1 used to harass the deceased through phone who was residing at Gulf country by doing work. PW-2 evidence also reveals the same that deceased attempted to commit suicide due to harassment of A-1 to A-3. Victim and the complainant who is deceased statement recorded by the S.I of police on the date of incident reveals with regarding the attempt of committed suicide due to harassment of A-1 to A-3. And the said statement after obtaining signature treated as complaint/Ex.P-9 and registered the case. Ex.P-8/dying declaration also reveals the same in which deceased stated that due to harassment of her husband and her in laws she vexed with life and attempt to committed suicide. Pws 1 and 2 and Ex.P-8 and P-9 reveals that deceased committed suicide for the harassment of A-1 to A-3 but the evidence of other
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witnesses PW-3 and PW-4 co sister and daughter of deceased not in support of the prosecution evidence with regarding the abetment of A-1 to A-3, deceased committed suicide. PW-3 evidence reveals that while cooking suddenly ablaze flames to deceased saree and she poured water to stop the flames and daughter of deceased by name Nikhitha/PW-4 also poured water to stop the flames. PW-4 evidence also reveals the same that her mother while cooking ablazed to flames and came out from the house with flames, then they poured water to stop the flames.
Evidence of PW-6 reveals about taken photograph/Ex.P-3 of injured and PW-7 panch witness for the inquest panchanama/Ex.P- 4 reveals about conducted inquest panchanama over the dead body of the deceased. PW-8 panch witness for confession cum seizure panchanama nothing reveals about seized plastic can from the scene, he turned hostile and his evidence not in support of prosecution evidence regarding seizure of plastic can and lighter.
The evidence of PW-9 also nothing reveals except obtained signature on panch chits by the police and nothing stated with regarding seized plastic bottle and lighter from the scene. PW-10
Learned Judicial officer who recorded the dying declaration/Ex.P-8 of the injured/deceased on 27-01-2020 at 12-55 hours which
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reveals that due to harassment of A-1 to A-3 deceased attempted to commit suicide and Ex.P-8 having thumb impression of the deceased as she is unable to put her signature for the reason for severe burn injuries. Pws 11 to 13 evidence reveals about received complaint and registering the case, issuance, of F.I.R., conducted scene of offence panchanama and inquest panchanama according to prosecution but the evidence of PW-11 reveals that scene of offence panchanama conducted at 5-00 p.m, as per scene of offence panchanama but his evidence reveals about issued F.I.R at 4-00 p.m, and rushed to Nizamabad hospital within 15 minutes he recorded the statements of the injured and other witnesses and returned back to police station at 7-00 p.m. the evidence of Pws 1, 2 and 5 reveals about death of deceased due to committed suicide and she committed suicide for the harassment of A-1 to A- 3 all the witnesses evidence also reveals about A-2 and A-3 in laws of deceased living seperately and A-1 husband of deceased residing at Gulf countries for livelihood but A-2 and A-3 suspecting character of deceased by following her and reporting the same to
A-1 and A-1 used to harass her through phone further, since two months prior to the incident, A-1 stopped sending money to deceased, for which deceased vexed and committed suicide by
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pouring kerosene on her. Ex.P-8 and P-9 also reveals the same on same day at 12-00 hours Ex.P-9 prepared by the PW-9/S.I of police and obtained the signature of the injured and the same was took as complaint and register the case and the Ex.P-8 on same day recorded and concluded by 1-30 p.m, by Learned Judicial officer and obtained thumb impression of the injured as she is unable to put her signature and stated by injured for the reason of severe burnt injuries. The incident took place on 26-01-2020 at night hours and she was shifted to Nizamabad hospital and on next day case was registered and on same day dying declaration also recorded by the judicial officer/PW-10. The evidence of PW- 10 also reveals about not mentioning of percentage of burnt injuries. But dying declaration already recorded and after recording of the dying declaration on 27-01-2020 deceased was alive till 11-02-2020 i.e., for more than 14 days. As such, the given statement is not the final statement of the deceased which is to be relied as the person who is going to die cannot speak lie.
Though it is suggested by the counsel for accused about at the instance of parents of the deceased she stated against A-1 to A-3 though it was accidental of burnt injuries while she was cooking food in the night hours but the same cannot be considered but
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there is no provocation by the accused to go for attempt to commit suicide by deceased where A-1 not residing here with deceased who residing at Gulf and A-2 and A-3 are residing seperately.
30.Further the counsel for accused relied on the citations reported in ALT(criminal) 2019 page No. 76 (T.S & A.P) in criminal appeal Nos 592, 638 and 876 of 2011, ALT(criminal) 2009 page
No. 106 (A.P) in criminal appeal Nos 1605 of 2006, Dtd. 16-06- 2009, ALT(criminal) 2012 page No. 16(A.P) in Crl. R.C. No.
1076/2005, Dtd. 05-08-2011, ALT(criminal) 2014 page No. 2(SC), in criminal appeal No. 696 of 2009, Dtd. 27-03-2014 and
ALT(criminal) 2011 page No. 1(SC), in criminal appeal No. 891 of 2004, Dtd. 11-11-2010, discussed about the section 306 of IPC which also in support of the defence evidence.
31.The cruelty by the accused should be all the nature that would like to drive the common to commit suicide. And mere allegations of harassment and suspect the deceased are not sufficient without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the deceased to commit suicide and there is nothing on record that the extreme steps of committing suicide by deceased is a consequence of acts and harassment of accused. Further, there
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is no close proximity to the act of committing suicide. Where no witnesses evidence reveals that immediately after received phone call by deceased from A-1 by harassing her on instigation of A-2 and A-3 who informed to A-1 by suspecting deceased for which the deceased poured kerosene on her and committed suicide.
32.The section 306 IPC defines that abetment of commit suicide if any person commit suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extent to ten years, and shall also be liable to be fine.
33.Entire evidence nothing reveals about the dispute and quarrel between deceased and A-1 to A-3, and no witness stated about continuous harassment of the accused towards deceased where PWs1 and 2 stated deceased committed suicide due to harassment of A-1 to A-3 and not sending amount from two months to deceased but no evidence produced by the prosecution with regarding continuous harassment by the accused which is an act of abetment to go for commit suicide by the deceased without any alternate to the deceased except committing suicide and the evidence of witnesses nothing reveals that due to harassment
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through phone call by A-1 deceased poured kerosene on her which led to abet deceased to commit suicide and oral evidence of Pws 1 and 2 cannot be treated as abetment by accused to go for commit suicide by the deceased where Pws 3 and 4 evidence reveals that it was accidentally ablaze of fire to deceased and the same was also stated by the deceased at hospital prior to recording of statement to discard the same prosecution failed to produce the statement of doctor moreover, investigation officer stated that did not recorded statement of doctor who gave primary treatment to the deceased and investigation officer also stated that he did not collected case sheet of the deceased and prosecution failed to produce percentage of burn injuries. No doubt the evidence of witnesses reveals that deceased died due to burnt injuries on that day deceased was set ablaze with flames whether it was accidentally or she poured herself kerosene on her and set ablaze but there is no evidence with regarding abetment towards deceased to go for commit suicide.
34. Though it is not established about the abetment of commit suicide by deceased only due to the harassment by the accused.
Further, all the witnesses evidence nothing reveals against the accused with regarding continuous harassment towards deceased
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which lead her to commit suicide. And the evidence of PW1 and 2 is not sufficient to establish the case against the accused that due to their harassment deceased committed suicide. There is no continuous harassment or threatening by the accused towards deceased to commit suicide. Therefore, the prosecution evidence is not sufficient to conclude that the accused has committed charged offence.
In order to prove abetment the prosecution has to prove that the deceased had committed suicide as a consequences of instigation or in pursuance of the conspiracy or aid which constitutes the abetment except the alleged harassment stated by
Pws 1, 2 and 5 no other witnesses evidence reveals about harassment of the accused towards the deceased. And Ex.P-8 and
Ex.P-9 reveals about the harassment of the accused towards deceased but deceased was alive about nearly two weeks after recording said dying declaration and entire evidence of witnesses reveals accused are not residing with deceased and there is no continuous abetment due to said abetment deceased forced to go for commit suicide which is in continuation of harassment.
35. In view of above discussion and close scrutiny of the records, prosecution failed to establish the case against the
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accused A-1 to A-3 for the offences u/sec. 498-A, 306 r/w 34 of
IPC beyond all reasonable doubt. Therefore, in the absence of any incriminating evidence, the prosecution failed to prove the guilt of the accused. Therefore, the accused are entitled to be acquittal.
36. In the result, the accused Nos 1 to 3 are found not guilty for the offences punishable u/sec. 498-A, 306 r/w 34 of IPC against the accused Nos 1 to 3 and accordingly they are acquitted, under Section 235(1) of Cr.P.C. The bail bonds of the accused Nos 1 to 3 are ordered tobe canceled after appeal time. Mos 1 and 2 shall be destroyed after expiry of appeal period.
Typed by Stenographer on my dictation, corrected and pronounced by me in the open Court on this the 12th day of September, 2024.
Asst. Sessions Judge, Kamareddy
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
F or Prosecution : PW.1 : Kumari Lodda Neerosha.
PW-2 : Sri Patnam Pedda Sayanna.
PW-3 : Smt. Lodda Padma.
PW-4 : Kumari Lodda Nikitha
PW-5 : Smt. Gangarvanda Swaroopa
PW-6 : Sri Erpudi Ramprasad.
PW-7 : Sri Mamulla Ravi.
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PW-8 : Sri Kaluri Laxman
PW-9 : Sri Kondlyada Ram Reddy
PW-10 : Smt Peddi Chandana/ Spl. Judl. Magistrate of F.C., (Proh. & Excise), Nizamabad
PW-11 : Sri V. Bhansi/S.I of police/1st Investigation officer
PW-12 : Sri M. Kondal Reddy/A.S.I of police/2nd Investigation officer
PW-13 : Sri R. Krishna/S.I of police/Investigation officer filed charge sheet
F or Defence: - None -
OCUMENTS MARKED D
F or Prosecution : Ex.P1 U/sec. 161 Cr.P.C statement of PW-3.
Ex.P2U/sec. 161 Cr.P.C statement of PW-4.
Ex.P3 Photographs (8) in number.
Ex.P4 Inquest panchanama.
Ex.P5Signature of PW-8 on scene of offence panchanama.
Ex.P6Signature of PW-9 on scene of offence panchanama.
Ex.P7Signature of PW-9 on chit slips on scene of offence panchanama.
Ex.P8Dying declaration of the deceased Lalitha.
Ex.P9Complaint.
Ex.P10First information report.
Ex.P11Post Mortem examination report. For Defence : - NIL - Material Object : Mo.1:Empty plastic bottle.
Mo.2:One lighter
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Asst. Sessions Judge, Kamareddy
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C A L E N D A R
IN THE COURT OF ASSISTANT SESSIONS JUDGE AT
KAMAREDDY
Present: Ms T. Nagarani,
Assistant Sessions Judge, Kamareddy
Thursday, the 12th day of September, 2024
SC.No. 74 of 2021
Between:- The State represented by SHO of P.S., Bichkunda.
... Complainant
AND A1-Lodda Chinna Mogulaiah @ Mohan S/o. Gangaram, A-2- Sunkala @ Lodda Lachavva S/o. Gangaram, A-3- Sunkala @ Lodda Gangaram S/o. Laxmaiah,
... Accused Nos.1
to 3. Offence/s U/Section 498-A and 306 r/w 34 of IPC against A-1 to A-3. Date of occurrence of offence 26-01-2020 Date of complaint 27-01-2020 Date of apprehension of accused 21-02-2020
Date of commencement of trial13-10-2022 Date of closure of trial 07–08-2024 Finding Found not guilty Sentence / Order The accused No.1 to 3 are found not guilty for the offences under sections 498-A and 306 r/w 34 of IPC and accordingly they are acquitted for the same, under Section 235 (1) Cr.P.C. The bail bonds of the accused Nos 1 to 3 are ordered to be cancelled after appeal time. Mos 2 and 2 shall be destroyed after expiry of appeal period. Explanation for the delay --
Asst. Sessions Judge,
Kamareddy.
To: The Hon’ble Asst. Sessions Judge, Kamareddy.