BURA MANOHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition filed to quash the proceedings in P. R. C. No. 78 of 2001 on the file of the Judicial First Class Magistrate, Peddapalli.

(2.) The case of the prosecution is that on 4-9-2001 at about 5 p.m. the petitioner, who is a Motor Vehicle Inspector, stopped the lorry being driven by Tirupathi Reddy, the husband of the de facto complainant (L.W. 1) and demanded vehicle documents on the pretext that the lorry is overloaded and after the deceased handed over the documents of the lorry, the petitioner pulled the deceased down by holding his shirt collar, from the lorry and abused him in vulgar language and kicked with his shoe and directed him to bring the lorry to his office. So, the deceased took the lorry to the office of the petitioner, located at Peddapalli and kept the lorry in front of his office and no sooner than the deceased got down from the lorry, petitioner pulled him into his office and beat him and directed him to bring some amount by the next day and let him off with a warning. The deceased who was humiliated and insulted by the petitioner went to the bus stand and consumed unknown pesticide and slept in the lorry and died. Thus the petitioner committed offences u/Ss. 323, 504, 306 and 342, IPC.

(3.) Sri C. Padmanabha Reddy, learned Senior Counsel appearing or the petitioner contends that even if the allegation in the complaint are taken to be wholly true the offence under Section 306, IPC is not made out as the necessary ingredients for abetment under Section 107, IPC are not mentioned in the charge-sheet.