1                    C.C.827 of 2019, Dated: 17.10.

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 Seventeenth (17th) day of October, Two thousand and Nineteen.

CALENDAR CASE No.827 of 2019

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

A1 Kandrakunta Kishore S/o.Abraham, aged 35 years,

A2 Kandrakunta Abraham S/o.Guravaiah, aged 67 years
A3 Mogili Arogyamma W/o.Chinnappa, aged 67 years
A4 Kandrakunta Vijaya Kumar @ Vijay S/o.Abraham, aged 35 years,
A5 Kandrakunta Ashoka Kumari W/o.Vijaya Kumar @ Vijay, aged 31 years
A6 Kandrakunta Bala Raju S/o.Abraham, aged 31 years,
All are residents of Tarakanama Nagar, 1st Line, Door No.9-232, Adavi
Takkelalapadu, Pattabhipuram, Guntur Town.

… Accused ..

This case is coming on 17.10.2019 for final hearing before me in the presence

of the I/C Assistant Public Prosecutor for the complainant and of Sri G.Venu,

Advocate for the Accused No.1 to 6, 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.175 of 2017 for the offences punishable U/Sec.498-A of Indian Penal

Code (hereinafter referred as I.P.C.,) and Sec.3 & 4 of Dowry Prohibition Act against

the accused Nos.1 to 6.

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

The marriage of L.W.1-Kandragunta Daisy Mamatha with A1 was performed on

24.8.2011 at Railway Kalyana Mandapam, Guntur and at the time of marriage, on the

demand of accused, her parents provided Rs.3 lakhs cash, gold ornaments worth

         
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                                                                                                        Spl. Mobile Court, Nellore
Rs.1,00,000/- and Ac.4.00 cents of land towards dowry and also gave 30 sovereigns of

gold ornaments to L.W.1 towards gift. After marriage, the marital life of L.W.1 went

happily for some days and thereafter, A1 harassed her with the instigation of A2 to A6

with a demand to get Rs.10 lakhs cash from her parents. Due to continuous

harassment of accused, L.W.1 filed a report on 23.10.2017 and the same was

forwarded to DLSC, Nellore, but you did not attend for the counseling at DLSC,

Nellore. After receipt of further orders from DLSC, Nellore, a case was registered in

Cr.No.175/2017 under section 498-A, 307, 114 r/w.34 IPC and Sec.3 & 4 of Dowry

Prohibition Act by L.W.9-Ch.Mallikarjuna Rao, Sub-Inspector of Police, Women Police

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

scene of offence, examined the witnesses, recorded their statements and prepared

rough sketch. After completion of investigation, he filed chargesheet against the

accused for the above said offences.

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

U/Sec.498-A I.P.C., and Sec.3 & 4 of Dowry Prohibition Act against the accused Nos.1

to 6.

4. On appearance of the accused No.1 to 6 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., and Sec.3 & 4 of Dowry Prohibition Act against A1 to A6 were framed, read over

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

claimed to be tried.

5. To prove its case, the prosecution got examined P.Ws.1 & 2 and got marked

Exs.P1 to P3. The prosecution got examined the Defacto-Complainant/L.W.1-

Kandragunta Daisy Mamatha as P.W.1 and L.W.2-Kavali Siril Babu as P.W.2. As

P.W.1/defacto complainant and P.W.2 turned hostile, the learned A.P.P., has given up

         
                                                                         3                    C.C.827 of 2019, Dated: 17.10.2019
                                                                                                        Spl. Mobile Court, Nellore
the evidence of L.W.4-Nenavarta Ramesh, L.W.5-Sagarapu Raju, L.W.6-Bachu Lilli,

L.W.7-Anumala Ganesh babu, L.W.8-Param Venkata Sambasiva Rao. As P.Ws.1 & 2

turned hostile to the case of prosecution and the learned A.P.P., has given up the

evidence of L.Ws.3 to 8, this court closed the evidence of L.W.9-Ch.Mallikarjuna Rao,

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

served, even if he is examined.

6. Ex.P.1 is the signature of P.W.1 on a complaint dated 30.11.2017 given to

police. Ex.P.2 is the 161 Cr.P.C., statement of P.W.1. Ex.P.3 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 to A6 in the evidence of prosecution

witnesses, examination of the accused/A1 to A7, U/Sec.313 Cr.P.C., was dispensed

with. The counsel for the accused/A1 to A6 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 to

A6 for the offences punishable U/secs.498-A I.P.C. and Sec.3 & 4
of Dowry Prohibition Act against A1 to A6 beyond reasonable
doubt?”

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

A6 being relatives of A1 subjected P.W.1 to cruelty both physically and mentally by

demanding her to bring additional dowry from her parents and thereby committed

the offences punishable U/Secs.498-A I.P.C. and Sec.3 & 4 of Dowry Prohibition Act.

To prove its case, as stated supra, the prosecution got examined P.Ws.1 & 2, and got

marked Exs.P1 to P3.

         
                                                                         4                    C.C.827 of 2019, Dated: 17.10.2019
                                                                                                        Spl. Mobile Court, Nellore
11. A perusal of evidence on record, P.W.1, who is the Defacto-complainant,

deposed that her marriage with A1 was performed by her parents at Railway

Kalyana Mandapam of Guntur City. After marriage she joined A1 and resided in his

house in Guntur City and lived together for 2 years. She gave birth to a female

child and subsequently there arose some disputes between her and A1 to A6. At

that time their relatives took her to Police Station and she signed on some papers.

Ex.P1 is her signature on a Complaint,dt.30.11.2017 and she does not know the

contents in that paper. Subsequently their relatives pacified the disputes between

her and A1 to A6. On the advise of elders herself and A1 decided to take divorce

and filed mutual divorce Petition and the same is pending before the Honourable

Family Court, Nellore. Now she is not intending to proceed with this Case 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 mother of P.W.1 deposed that the marriage of P.W.1 with A1

was performed by her and her husband at Railway Kalyana Mandapam of Guntur

City. After marriage P.W.1 joined A1 and resided in his house in Guntur City and they

lived together for 2 years. P.W.1 gave birth to a female child. Subsequently there

arose some disputes between P.W.1 and A1 to A6. At that time their relatives took

P.W.1 to Police Station and subsequently their relatives pacified the disputes

between P.W.1 and A1 to A6. On the advise of elders P.W.1 and A1 decided to take

divorce and filed mutual divorce Petition and the same is pending before the

Honourable Family Court, Nellore. Now they are not intending to proceed with this

Case and Police never examined her. As P.W.2 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 Exs.P3.

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

mother 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

         
                                                                         5                    C.C.827 of 2019, Dated: 17.10.2019
                                                                                                        Spl. Mobile Court, Nellore
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 to A6 to prove the case of prosecution. From the

material on record, it is appearing that P.Ws.1 & 2 and A1 to A6 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 to A6 are entitled for acquittal. The point is answered accordingly.

14. In the result, A1 to A6 are found not guilty for the offences punishable

U/Secs.498-A I.P.C. and Sec.3 & 4 of Dowry Prohibition Act, and they are acquitted

U/Sec.248(1) Cr.P.C., The bail bonds of A1 to A6 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

this the 17th 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.Daisi Mamatha.
P.W.2: B.Liyona Mercy. - NIL -
EXHIBITS MARKED
For Prosecution: -
Ex.P.1: The signature of P.W.1 in the complaint dated 30.11.2017.
Ex.P.2: 161 Cr.P.C., statement of P.W.1.
Ex.P.3: 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.