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    SESSIONS CASE No. 54 of 2018

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    Suresh
    The accused, Challa Srinivasulu, was charged with offenses under Sections 498-A, 324 of the IPC and Section 3(1)(r)(s) of the SC/ST Act for allegedly harassing and stabbing his wife, Y. Bhuvaneswari. However, the two material witnesses, Bhuvaneswari and her sister Ranganayakamma, turned hostile and did not support the prosecution's case. As a result, the court found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt and acquitted the accused of all charges.

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    SESSIONS CASE No. 54 of 2018

    Uploaded by

    Suresh
    52 views7 pages
    The accused, Challa Srinivasulu, was charged with offenses under Sections 498-A, 324 of the IPC and Section 3(1)(r)(s) of the SC/ST Act for allegedly harassing and stabbing his wife, Y. Bhuvaneswari. However, the two material witnesses, Bhuvaneswari and her sister Ranganayakamma, turned hostile and did not support the prosecution's case. As a result, the court found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt and acquitted the accused of all charges.

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    Judgement

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    display_pdf - 2019-08-19T150732.693

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    The accused, Challa Srinivasulu, was charged with offenses under Sections 498-A, 324 of the IPC and Section 3(1)(r)(s) of the SC/ST Act for allegedly harassing and stabbing his wife, Y. Bhuvaneswari. However, the two material witnesses, Bhuvaneswari and her sister Ranganayakamma, turned hostile and did not support the prosecution's case. As a result, the court found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt and acquitted the accused of all charges.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    52 views7 pages

    SESSIONS CASE No. 54 of 2018

    Uploaded by

    Suresh
    The accused, Challa Srinivasulu, was charged with offenses under Sections 498-A, 324 of the IPC and Section 3(1)(r)(s) of the SC/ST Act for allegedly harassing and stabbing his wife, Y. Bhuvaneswari. However, the two material witnesses, Bhuvaneswari and her sister Ranganayakamma, turned hostile and did not support the prosecution's case. As a result, the court found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt and acquitted the accused of all charges.

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    IN THE COURT OF SPECIAL JUDGE FOR TRIAL OF OFFENCES UNDER

    S.Cs. AND S.Ts. (PoA) ACT-CUM-V ADDL. SESSIONS JUDGE, NELLORE


    Present:- Sri I. Sailaja Devi,
    Special Judge for trial of offences under S.Cs and S.Ts (POA) Act
    -cum-V Additional Sessions Judge, NELLORE

    Friday, this the 2nd day of August, 2019

    SESSIONS CASE No. 54 of 2018


    Crime No.72/2017 of IV Town Police Station, Nellore

    Name of the complainant : State Sub Divisional Police Officer,


    Nellore town Sub Division,
    SPSR Nellore district

    Name of the accused : Challa Srinivasulu, son of


    Ramanaiah, 48 years, Teacher,
    Z.P.Boys High school, Gudur,
    Vaddera, resident of
    Vidyanagar village, Kota
    mandal, SPSR Nellore district

    Offence : Under Sections 498-A IPC, 324 IPC


    and Section 3(1)(r)(s) of SCs. and
    STs. (POA) Act, 1989.

    Plea of the accused : Pleaded not guilty

    Finding of the Judge : Found not guilty

    Sentence or order : In the result, the accused is found


    not guilty for the offences under
    Sections 498-AIPC, 324 IPC and
    Section 3(1)(r)(s) of SCs. and STs.
    (POA) Act, 1989 and he is
    acquitted of the same under Section
    232 Cr.P.C and his bail bonds are
    hereby cancelled. The unmarked
    non-valuable properties if any, are
    ordered to be destroyed forthwith.

    Prosecution conducted : Smt. S. Bharathi,


    by Addl. Public Prosecutor, Gr.I
    Nellore.

    Name of the defence : Sri T.Gopal Reddy,


    counsel Advocate,Nellore.

    This case coming on 22.7.2019 for final hearing before me in


    the presence of Smt.S.Bharathi, learned Additional Public Prosecutor
    2

    Gr.-I for the Complainant, and of Sri T.Gopal Reddy, advocate for the
    accused and having stood-over for consideration till today, this Court
    delivered the following:

    J UDGMENT

    1. The Sub-Divisional Police Officer, Nellore town Sub-Division

    laid charge sheet against accused under Sections 498-A, 324 IPC and

    Section 3(1)(r)(s) of SCs. and STs. (POA) Act, 1989 in Crime No.

    72/2017 of No.4 Town Police station, Nellore.

    2. The factual matrix of the prosecution case is briefed

    hereunder:-

    (i)The accused does not belong to Scheduled caste and

    Scheduled Tribe and belongs to Vaddera by caste. L.W.1/Yerrajerla

    Bhuvaneswari belongs to SC-Mala by caste and both are wife and

    husband.

    [ii]Since about 20 years back, while L.W.1/Yerrajerla

    Bhuvaneswari was working as a nurse in M.P.H.A.[F] of Medical

    Department at Chittedu village, she fell in love with the accused

    Challa Srinivasulu, who was working as a teacher in the same village

    and later both got married. After the marriage, the accused had

    been harassing L.W.1/Yerrajerla Bhuvaneswari besides humiliating

    that she belongs to a lower community. Every month, he used to

    take the entire salary of L.W.1/Yerrajerla Bhuvaneswari. But

    L.W.1/Yerrajerla Bhuvaneswari used to bear his harassment, for the

    sake of her two daughters and son.

    [iii] Whileso, on 11.4.2017, L.W.1/Yerrajerla Bhuvaneswari and

    her husband/accused came to the house of L.W.2/Yerrajerla


    3

    Audemma, located at Muthyalapalem, Nellore. On that night at

    about 8.45 p.m the accused asked L.W.1 to give her salary, for which

    she replied that she has some expenses and as such, she cannot

    give her salary. On that the accused grew wild against her, picked

    up a quarrel with her, stabbed her on the left side of her back with a

    knife, which was brought by him, resulting which she sustained

    bleeding injury. On hearing her hues and cries, the vicinity people

    i.e., L.Ws. 3 and 4/Golla Kameswaramma and Gaddam

    Chandramohan rushed to the spot and on seeing the same, the

    accused left the place and went away.

    3. Basing on the report of L.W.1/Yerrajerla Bhuvaneswari,

    L.W.9/Sk.Abdul Rasheed, Head constable, registered a case in crime

    No.72/2017 under Sections 498-A, 324 IPC and Section 3(1)(r)(s) of

    SCs. and STs. (POA) Act, 1989 was registered, investigated, that on

    completion of investigation laid charge sheet into Court.

    4. Since the offence is exclusively triable by Special Court

    constituted under the provisions of SCs. & S.Ts. (POA), Act 1989, and

    the same is registered as S.C.No.54/2018 under Sections 498-A,

    324 IPC and Section 3(1)(r)(s) of SCs. and STs. (POA) Act, 1989.

    5. On making appearance of the accused documents were

    supplied to the accused as per Sec.207 Cr.P.C., he was charged for

    the offences under Sections 324, 498-A IPC and Section 3(1)(r)(s) of

    SCs. and STs. (POA) Act, 1989 for which he pleaded not guilty and

    claimed to be tried.
    4

    6. The prosecution to prove the charges examined PWs.1

    and 2 and got marked Exs.P1 to P.3. No material objects are

    marked. Since the material witnesses did not support the case of

    the prosecution, the remaining witnesses who are formal and official

    witnesses are given-up by prosecution. No witnesses are examined

    by the accused.

    7. As there is no incriminating evidence, examination of

    accused under Sec.313 Cr.P.C. is dispensed with.

    8. Arguments heard at the stage under Sec.232 Cr.P.C.

    9. The defence of the accused is total denial.

    10. The point that would germane for consideration herein is:

    “Whether there is evidence in prosecution case to


    show that the accused committed the offences under
    Sections 324, 498-A IPC and Section 3(1)(r)(s) of
    SCs. and STs. (POA) Act, 1989?

    11. POINT No.1:- P.W.1 is the victim. P.W.2 is the sister of

    the victim and eye-witness to the incident. They did not depose

    about the alleged incident. P.W.1 deposed that due to some petty

    disputes she lodged complaint against the accused. Accused never

    beat her at any point of time. She sustained injury on her back due

    to falling on the steps. Police obtained her signatures on some

    papers and she do not know its contents.

    12. P.W.2 who is sister of victim girl and eye-witness to the

    incident deposed that P.W.1 is her elder sister and accused is her

    brother-in-law. She do not know any facts of the case. She did not

    witness any incident. Thus, PWs.1 and 2 who are material


    5

    witnesses turned hostile are declared as hostile and their hostile

    versions in Section 161 Cr.P.C. statements are marked as Exs.P-2

    and P.3 by the learned Special Public Prosecutor of this Court. The

    remaining witnesses were given by the learned Additional Public

    Prosecutor as P.Ws. 1 and 2 turned hostile. Hence, I have no option

    except to answer this point holding that the prosecution has failed to

    prove the guilt of the accused beyond all reasonable doubt.

    Accordingly, this point is answered.

    13. In the result, the accused is found not guilty for the offences

    under Sections 498-A IPC, 324 IPC and Section 3(1)(r)(s) of SCs.

    and STs. (POA) Act, 1989 and he is acquitted of the same under

    Section 232 Cr.P.C and his bail bonds are hereby cancelled. The

    unmarked non-valuable properties if any, are ordered to be

    destroyed forthwith.

    Typed to my dictation, corrected and pronounced by me in the


    open court, this the 2nd day of August, 2019.

    Sd/- Smt.I. Sailaja Devi/-


    Spl.Judge for trial of offences
    under the SCs and STs (POA) Act,
    1989-cum-V Additional District and
    Sessions Judge,
    N E L L O R E.

    Appendix of Evidence
    Witnesses Examined for
    Prosecution Defence

    PW1 : Y.Bhuvaneswari -None-


    PW2 : T.Ranganayakamma

    Documents Marked

    Ex.P1 : Signature of P.W.1 on the complaint : Nil:


    Ex.P2 : 161 Cr.P.C. Statement of PW-1
    Ex.P3 : 161 Cr.P.C. Statement of PW-2
    6

    Material Objects Marked

    Nil

    Sd/- Smt.I. Sailaja Devi


    Special Judge.
    7

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