STATE OF A P Vs. G VEERESHALINGA

JUDGEMENT

(1.) THE State represented by the Public Prosecutor is the appellant and the acquittal of the accused in Sessions Case No. 322 of 2000 on the file of the Principal Sessions Judge at Nalgonda is under challenge.

(2.) THE case of the prosecution is that A-1 was the Sub Inspector of Police and A-2 was the Head Constable at Rajapet and complaint was registered in Crime No. 3 of 1994 under Section 380 I. P. C. on the complaint of one Konaganti Venkatamma about the loss of properties and the deceased was suspected of the offence. According to the case of the prosecution, during the course of investigation, on 8-8-1994, A-1 apprehended the deceased at Lalapet and brought him to Rajapet and confined him in the police station and during that period, the deceased was interrogated by A-l and A-2 and they also brought the wife of the deceased, Mysamma, P. W. 3. She was also ill treated for getting the stolen properties. Due to the continuous beating of the accused, the deceased developed chest pain on 12-8-1994 at about 2 p.m. and evidently, A-2 sent for P. W. 5, who is a local doctor, and he examined the deceased and advised the deceased to be taken to Bhongir Hospital as his condition was precarious. THEreafter, the deceased was taken by A-2 in a jeep to Bhongir Hospital and on the way, the deceased lost his breath and A-2 kept the body at Government Hospital, Bhongir and informed the same of Sub Inspector by way of a report on which a case was registered in Crime No. 117 of 1994 under Section 174 Cr. P. C. A requisition was given to the Mandal Revenue Officer to conduct inquest and accordingly, the M. R. O., P. W. 13, conducted the inquest over the dead body of the deceased and the dead body was sent for post mortem examination to Osmania Hospital and a team of doctors conducted post mortem examination and found multiple injuries. As against the complaint of police, the Government ordered for Magisterial enquiry and accordingly, the Sub Collector, Bhongir conducted an enquiry and recommended action against A-l and A-2. THEreafter, the Superintendent of Police, Nalgonda directed the Sub Divisional Police Officer, Bhongir to conduct personal investigation against A-l and A-2 for registering a case. Accordingly, a case in Crime No. 5 of 1996 under Sections 342 and 302 I. P. C. were registered and investigation was taken up. During the course of investigation, the statements of the witnesses were recorded and the investigation disclosed that the accused are guilty of illegally detaining the deceased Bixapathy from 8-8-1994 to 12-8-1994 and subjecting him to torture and therefore, they are responsible for the death of the deceased. After completion of the investigation, the accused were charged for the offence under Sections 343 and 302 read with 34 I. P. C.

(3.) AFTER considering the evidence on record, the learned Sessions Judge found the accused not guilty and accordingly, acquitted him. Aggrieved by the said judgment, the present appeal is filed.