PERLA GOPINATH REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition is filed to set aside the order dtd. 13/8/2021, passed by the I Additional Judicial Magistrate of First Class, Proddatur in Crime No.47 of 2020

(2.) On a report given by the 2nd respondent/de facto complainant, a case in Crime No.47 of 2020 was registered against the petitioner for the offence punishable under Sec. 306 IPC by the III Town Police Station, Proddatur. During the course of investigation, the investigating Officer summoned the de facto complainant and informed her that the accused/petitioner herein is highly influential and politically well connected in the State, as such it would be an exercise in futility for her to pursue the present case and to prosecute him. Later the Investigating Officer suggested the de facto complainant to enter compromise in the matter with the petitioner. Later the investigating officer without completing the investigation, in the most lackadaisical manner, filed final report stating 'action dropped'. The investigating officer did not examine some key witnesses and some incriminating documents relating to that case produced by the de facto complainant. Being dissatisfied and aggrieved by the conclusion arrived at, by the investigating officer, the de facto complainant filed a petition under Rule 83 of Criminal Rules of Practice and under Sec. 173 (8) of Code of Criminal Procedure, 1973.

(3.) The averments, as per the Final Report, are that the deceased namely Varra Jayamma, aged about 72 years, was resident of YMR Colony, Proddatur. One Gurivi Reddy is the husband of the deceased and they have two daughters. Varra Radhika (L.W.1) is the youngest daughter of the deceased and she is residing in Kiran Enclave, Diamond Colony, Secunderabad. The elder daughter of the deceased was married and staying in USA. Gurivi Reddy performed the marriage of Varra Radhika (L.W.1) who got divorce with her first husband and married another person by name one Sabu Bhaskaran who is resident of Hyderabad. On 14/2/2019, the father of Varra Radhika (L.W.1) died due to ill health. The father of Varra Radhika (L.W.1) was running Petrol Bunk at Old Bus Stand for the last 40 years. Later, in the year 2012, one Perla Gopinath Reddy/the petitioner herein, who is elder brother of Varra Radhika (L.W.1) by courtesy, joined in her father's petrol bunk with 49% partnership. After 5th day of her father's demise, the accused/petitioner herein, in order to acquire the petrol bunk, tortured the deceased. The accused also stated to the deceased that she was no way connected with petrol bunk and also told her not to come to Petrol bunk. The accused also scolded her in filthy language. On coming to know the same, Varra Radhika (L.W.1) questioned the accused/petitioner herein about he threatening the deceased but he did not care her. Varra Radhika (L.W.1) informed the same to Kandhula Raja Mohan Reddy (L.W.15) also and that the accused did not heed to the words of Kandhula Raja Mohan Reddy (L.W.15). The accused did not agree to sign in joint account maintained in the bank pertaining to the petrol bunk. In the month of February the deceased obtained separate permission for keeping petrol tanker. On 5/2/2020 the petrol tanker was unloaded with petrol in the petrol bunk. At that time Vuppu Mahesh (L.W.6) told deceased not to keep the petrol tanker in the premises of petrol bunk. The deceased informed the same to Varra Radhika (L.W.1) over phone. On 7/2/2020 morning Varra Radhika (L.W.1) came to the house of deceased from Hyderabad. The deceased told about the torture of accused towards her so saying that she was suffering a lot. On 7/2/2020 night Varra Radhika (L.W.1) Shaik Bi Bi (L.W.5) and deceased have slept in the house after taking meals. During early hours at about 4.00 a.m., the deceased was crying loudly with pain. On that, L.W.1(Varra Radhika) and Shaik Bi Bi (L.W.5) got up from sleep and enquired the deceased. The deceased replied that due to unbearable torture from the accused, she was vexed in her life and in order to commit suicide, she consumed acid available in bathroom. Varra Radhika (L.W.1) and Shaik Bi Bi (L.W.5) informed the same to Uppaturu Madhusudhan Reddy (L.W.10), who immediately shifted the deceased to KVR Hospital, Proddatur in a car. But the deceased died. Thereafter on the strength of report given by Varra Radhika (L.W.1), the case has been registered against the accused. During the course of investigation, the police obtained post-mortem report from the Medical Officer. The Medical Officer opined that the deceased died due to 'cardio respiratory failure due to corrosive poison (Hydrochloric acid)". The police, after examining Varra Radhika (L.W.1) and Shaik Bi Bi (L.W.5), who were present along with the deceased on the date of occurrence during the early hours of 8/2/2020 and other circumstantial evidence, came to the conclusion that the death of the deceased was purely suicidal and hence the offence under Sec. 306 IPC is ruled out. In connection with that, the police filed a final report on 26/9/2020.