IMADABATHINI KLYANI ALIAS AMMULU Vs. IMMADABATHINI VENKATA SUBBAMA

JUDGEMENT

(1.) Heard Sri Srinivas Reddy and Sri Mohd. Moin Ahmed Quadri, the learned Counsel representing the petitioners in both these Criminal Petitions and the learned Public Prosecutor.

(2.) The main ground of attack in these Criminal Petitions is that even if the allegations in the charge sheet are taken on their face value, the said allegations do not satisfy the ingredients of Section 306 of the Indian Penal Code, hereinafter in short referred to as "IPC". The learned Counsel also placed reliance on the decisions Netai Dutta v. State of West Bengal, P. Ram Murthy v. Station House Officer, Dhone Police Station, Kumool District, Swamy Prahladdas v. StateofM.P.3, G. Laxmaiah v. State of A.P., Mahendra Singh v. State of M.P., V. Shankaraiah v. State of A.P. and V. Adinarayana v. State of A.P..

(3.) On the contrary, the learned Public Prosecutor had taken this Court through the allegations made in the charge sheet and would contend that all other evidentiary details which predominantly are questions of fact cannot be gone into at this stage and these aspects may have to be established by letting in appropriate evidence. At any rate, the aspects like question of instigation or intentional aiding etc., can be established at the stage of trial and hence the proceedings cannot be quashed at this stage under Section 482 of the Code of Criminal Procedure, hereinafter in short referred to as "Code".