GUNDALA REDDEPPA NAIDU Vs. STATE OF A P

JUDGEMENT

(1.) The petitioners, who are A.1, A.2, and A.4 in the Sessions Case No. 162 of 2004 pending on the file of the Principal Assistant Sessions Judge, Chittoor, seek to assail the charges framed against them in the said case.

(2.) The crime in this case was registered by Irala Police Station on 2-11-2003 under Section 306 read with Section 34 of the Indian Penal Code (for brevity 'the IPC'). Eventually, after completing investigation, the Investigating Officer, namely, Sub-Inspector of Police laid the charge-sheet against four accused. A.1 and A.4 are the parents of A.2 and A.3. The case against the accused was that the deceased-Aztoam Chengal Reddy was family friend of A. 1 to A.4, A.2 and A.3 borrowed from him in all an amount of Rs.4 lakhs. When the deceased demanded A.2 and A.3 for repayment of the amount so as to perform his daughter's marriage, the accused used to postpone the repayment. On two or three occasions, they even beat the deceased when he demanded repayment. On 1-11-2003 the deceased and his son Kishore Reddy went to the house of the accused and demanded them repayment. While refusing to repay the money all the accused acted in a highhanded manner and challenged the deceased and his son to do what they would like to do. They went inside the house and brought pesticide poison and gave it to the deceased to consume and die. In that emotional mood the deceased consumed it and died on the way when he was being taken to the Government Hospital, Chittoor, by his son.

(3.) The learned Magistrate after taking cognizance eventually committed the case to the Court of Session and the case having been made over to the Principal Assistant Sessions Judge by the learned Principal Sessions Judge, Chittoor, framed two charges against the accused. The first charge was framed against A.3 under Section 306 of the IPC and the second charge was against A.1, A.2 and A.4 under Section 306 read with Section 34 of the IPC. As aforesaid, the petitioners are assailing the said charges.