1                    C.C.299 of 2017, Dated: 03.10.

2019
                                                                                                        Spl. Mobile Court, Nellore
IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS,
SPECIAL MOBILE COURT : NELLORE.

Present : Sri Shaik Atheeque Ahmad,

Judicial Magistrate of I Class,
Special Mobile Court, Nellore.

Thursday, the third (3rd) day of October, Two thousand and Nineteen.

CALENDAR CASE No.299 of 2017

State: Represented by the Sub-Inspector of Police, Women Police station, Nellore city.
... Complainant ...
-Versus-

A1 Kuduru Krishnaiah s/o.Seshaiah, aged 55 years,

A2 Pakam Jayamma w/o.Narayana, aged 60 years,
Both are R/o.Veguru village, Kovuru mandal, now residing at Satyavathi Nagar,
China Padugupadu village, Kovuru mandal, SPSR Nellore District.

… Accused ..

This case is coming on 03.10.2019 for final hearing before me in the presence

of the I/C Assistant Public Prosecutor for the complainant and of Sri

G.Balakrishna, Advocate for the Accused No.1 & 2, having stood over for

consideration till this day, this Court delivered the following:-

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

The Sub-Inspector of Police, Women Police Station, Nellore City filed charge

sheet in Cr.No.201 of 2016 for the offences punishable U/Sec.498-A and 114 of Indian

Penal Code (hereinafter referred as I.P.C.,) against the accused Nos.1 & 2.

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

L.W.1-Kuduru Sakunthala married A.1 and blessed with three sons. A.1

developed illegal intimacy with A.2 prior to his marriage and due to that some

understandings arise between A.1 and L.W.1, But L.W.1 adjusted with A1 and when

he neglected her and her children, she attended agricultural works to lead marital life.

Further A.1 kept separate family with A.2 at Chinapadugupadu village and about four

years back, both A.1 & L.W.1 performed marriages to their first two sons. After

marriage they were separated and residing in the same village. Then, A.1 make his 1 st

         
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                                                                                                        Spl. Mobile Court, Nellore
two sons not to involve in the matter when A.1 quarreled with L.W.1, and he totally

neglected L.Ws.1 & 2 (Kuduru Sakunthala & Kuduru Janardhan). Recently A.1

quarreled with L.W.1 and demanded her to vacate the house, where LWs.1 & 2 are

residing with a view to give said house to A.2. Several times when L.W.1 was alone,

A.1 & A2 quarreled with her to vacate the house and A.2 instigated A1 for getting

house from L.W.1. On the instigation of A.2 ; A.1 harassed L.W.1 to vacate the house

immediately to hand over the same to A.2. On 27.8.2016 A.1 along with his first two

sons beat L.W.1 with sticks and caused fracture to her left leg. Then, L.W.2-Kuduru

Janardhan filed a report at Kovur P.S., for the incident, which is subject matter in

Cr.No.152 of 2016 under section 454, 324 r/w.34 IPC. But A.1 continues his

harassment against L.W.1 to vacate the house. Due to unbearable harassment of A1

& A2, L.W.1 filed a report in Women P.S., Nellore for counseling, but A.1 did not attend

the same. Basing on the report of L.W.1 a case was registered in Cr.No.201/2016

under section 498-A, 114 IPC by L.W.6-K.Dayanidhi, Head Constable, Women P.S.,

Nellore and investigated. During course of investigation, he visited the scene of

offence, examined the witnesses, recorded their statements and prepared rough

sketch. After completion of investigation, L.W.7-E.Malakondaiah, Sub-Inspector of

Police, Women PS., Nellore filed chargesheet against the accused. Hence, the charge.

3. This case was taken on file by this Court for the offences punishable

U/Sec.498-A and 114 I.P.C., against the accused Nos.1 & 2.

4. On appearance of the accused No.1 & 2 before this court, copies of case

documents were furnished to them as contemplated under Section 207 of Criminal

Procedure Code (hereinafter it is referred as Cr.P.C.,) and they are examined under

Section 239 Cr.P.C., by explaining the substance of accusation made against them in

Telugu, for which they denied. The charges for the offences punishable U/Sec.498-A

I.P.C., against A1 and Sec.498-A r/w.114 IPC against A2 were framed, read over and

explained the charges to them in Telugu, for which they pleaded not guilty and

claimed to be tried.

         
                                                                         3                    C.C.299 of 2017, Dated: 03.10.2019
                                                                                                        Spl. Mobile Court, Nellore
5. To prove its case, the prosecution got examined P.Ws.1 & 2 and got marked

Exs.P1 & P2. The prosecution got examined the Defacto-Complainant/L.W.1-Kuduru

Sakunthala as P.W.1 and L.W.2-Kuduru Janardhan as P.W.2. As P.W.1/defacto

complainant and P.W.2 turned hostile, the learned A.P.P., has given up the evidence of

L.W.3-Kaduru Seenaiah, L.W.4-Arikati Venkateswarlu, and L.W.5-Punamalli Tirupalu.

As P.Ws.1 & 2 turned hostile to the case of prosecution and the learned A.P.P., given

up the evidence of L.Ws.3 to 5, this court closed the evidence of L.W.6-K.Dayanidhi,

Head Constable, Women Police Station, Nellore and L.W.7-E.Malakondaiah, Sub-

Inspector of Police, Women Police Station, Nellore, as no purpose would be served,

even if they are examined.

6. Ex.P.1 is the 161 Cr.P.C., statement of P.W.1. Ex.P.2 is the 161 Cr.P.C., statement

of P.W.2.

7. After closure of the prosecution side evidence, since there is no incriminating

material appearing against the accused/A1 & A2 in the evidence of prosecution

witnesses, examination of the accused/A1 & A2, U/Sec.313 Cr.P.C., was dispensed

with. The counsel for the accused/A1 & A2 reported no defence side evidence.

8. Heard arguments on both sides. Perused the entire material available on

record.

9 . Now the point for determination is:-

“Whether the prosecution proved the guilt of the accused/A1 &

A2 for the offences punishable U/secs.498-A I.P.C. against A1 and
Sec.498-A r/w.114 IPC against A2 beyond reasonable doubt?”

10. Point:- The case of the prosecution is that A1 being the husband and A2

being concubine of A1 subjected P.W.1 to cruelty both physically and mentally by

demanding her to vacate the house and thereby committed the offences punishable

U/Secs.498-A I.P.C. and Sec.498-A r/w.114 IPC. To prove its case, as stated supra, the

         
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                                                                                                        Spl. Mobile Court, Nellore
prosecution got examined P.Ws.1 & 2, and got marked Exs.P1 & P2.

11. A perusal of evidence on record, P.W.1, who is the Defacto-complainant,

deposed that her marriage with A1 was performed about 30 years ago. In their

wedlock, they got three sons and all her sons also got married. About three years ago

there are disputes between her and A1. At that time their relatives obtained her

thumb impression on a written paper in police station to threaten A1 to live with her.

She does not know the contents of the said written paper. After some time, their

elders compromised the matter between them. Now, she is not intending to proceed

against A1 and A2, and police never examined her. As she turned hostile to the case

of prosecution, the learned A.P.P., cross-examined her with the permission of this

court and got marked her 161 Cr.P.C., statement as Ex.P2.

12. P.W.2, who is son of P.W.1 deposed that P.W.1 and A1 are his parents.

About three years ago, there arose disputes between his mother (P.W.1) and his

father (A1). At that time their relatives took his mother to police station. After some

time, the elders compromised the matter between his parents and police never

examined him. As P.W.2 turned hostile to the case of prosecution, the learned A.P.P.,

cross-examined him with the permission of this court and got marked his 161 Cr.P.C.,

statement as Exs.P3.

13. A perusal of material on record, in this case P.W.1 is the victim. P.W.2 is son

of P.W.1. Both of them turned hostile to the case of prosecution. They did not speak

anything against the accused. As the victim herself turned hostile to the case of

prosecution, the learned A.P.P., given up the evidence of other independent

witnesses as no purpose would be served, even if they are examined. There is no

material on record against A.1 & A2 to prove the case of prosecution. From the

material on record, it is appearing that P.Ws.1 & 2 and A1 & A2 compromised the

case before the elders. It is the burden on the prosecution to prove its case beyond

reasonable doubt. But in this case, the prosecution failed to discharge its burden.

Hence the A.1 & A2 are entitled for acquittal. The point is answered accordingly.

         
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                                                                                                        Spl. Mobile Court, Nellore
14. In the result, A1 & A2 are found not guilty for the offences punishable

U/Secs.498-A I.P.C. against A1 and Sec.498-A r/w.114 IPC against A2, and they are

acquitted U/Sec.248(1) Cr.P.C., The bail bonds of A1 & A2 shall be in force for six

months U/Sec.437-A Cr.P.C., and thereafter they shall stands cancelled. .

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

rd
this the 3 day of October, 2019.
Sd/-Sk.Atheeque Ahmad
Judicial Magistrate of I Class,
Special Mobile Court, Nellore.

APPENDIX OF EVIDENCE
Witness examined
For Prosecution: - For Defence: -
P.W.1: K.Sakunthala.
P.W.2: K.Janardhan. - NIL -
EXHIBITS MARKED
For Prosecution: -
Ex.P.1: 161 Cr.P.C., statement of P.W.1.
Ex.P.2: 161 Cr.P.C., statement of P.W.2.

For Defence: - NIL

M.Os. Marked for Prosecution: - NIL-

Sd/-S.A.A.
J.M.F.C.,
Spl.M.C., NLR.,
// True copy //

Judicial Magistrate of I Class,

Special Mobile Court, Nellore.