SD HUSSAIN Vs. SHAIK NAZEER

JUDGEMENT

(1.) The petitioners seek to invoke the extraordinary jurisdiction of this Court under Section 482 of the Code of the Criminal Procedure (for brevity 'the Code') to quash the criminal proceedings initiated against them in P.R.C.No.1 of 2003 on the file of the V Additional Munsif Magistrate, Guntur.

(2.) The petitioners are the accused along with two others in P.R.C.No.1 of 2003 and have been arrayed therein as A1 to A3 respectively. A private complaint was filed by the first respondent herein against the petitioners and two others alleging inter alia the offences punishable under Sections 120-B and 307 read with 149 of the Indian Penal Code (for brevity 'the IPC').

(3.) The complainant has been working as Head Constable at Kothagudem Police Station in Khammam District. A2 is his maternal uncle and father-in-law. A1 is the second son of A2. A5 is the wife of the complainant. A3 is the brother-in- law of the second accused. A4 is neighbour and close friend of A2. A5 filed the Maintenance Case in M.C.No.3 of 2001 in the Court of the V Additional Munsif Magistrate, Guntur, which was eventually disposed of granting maintenance to her qua the complainant. The fifth accused also filed a complaint before Arundalpet Police Station on 16-10-1998 alleging harassment and cruelty against the complainant. The case was registered as crime No.313 of 1998 under Section 498- A of the IPC by the Women Police Station, Guntur. Eventually, charge-sheet was filed against the complainant and his two cousin sisters. When that case was pending before the V Additional Munsif Magistrate, Guntur in C.C.No.504 of 1998 a memo was filed by the Public Prosecutor that the evidence recorded so far therein discloses the offence punishable under Section 307 of the IPC. The learned Magistrate basing on that memo converted the calendar case into P.R.C.No.31 of 2000 and eventually committed the case to the Court of Sessions, Guntur. The said case is pending on the file of the Additional Assistant Sessions Judge, Guntur as S.C.No.869 of 2001. When the complainant attended the Court in connection with the maintenance case, A2 and A5 who also attended the Court on that day threatened that they would see his end by killing him as he was not paying the maintenance properly. A5 also threatened the complainant that her brother A1 and father A2 would see his end. On 21-12-2000 when the complainant attended the Court A2, A5 and wife of A4 by name Srikumari attended the Court, when Srikumari gave evidence in the Court in favour of A5. A4 also attended the Court along with his wife. When the complainant was waiting outside the Court, A4 at the instigation of A2 and A5 threatened the complainant and said that his days were numbered as he was not paying the maintenance to A5 and he would be killed in a few days. The complainant did not take those threats seriously. On 26-12-2000 the complainant came to Guntur at about 2.15 PM to meet his counsel, by name, Sri B.Murali Mohan. He was with his counsel till 7.00 PM discussing about the pending cases. Along with them, one, Gummadi Raja Rao, was also present, who too attended the Court in connection with his cases. B.Murali Mohan wanted the complainant and Raja Rao to come to his office, situate at 4th line, Arundalpet, Guntur, for further discussion. The complainant and Raja Rao together started from the Court so as to go to the office of their counsel on foot. They proceeded up to medical college, whereat they crossed the railway track and reached a well situate at the 1st line, Bradipet, Guntur. Suddenly A1, A2 and A3 along with four other persons, who were unknown to the complainant, came opposite to them. A1 said to those unknown persons while pointing at the complainant that he was the person to be killed. As discussed earlier, A2 and A3 also told those persons to finish off the complainant pointing at him. Thereupon, one out of the four persons stabbed the complainant with a knife on his stomach, another person held the complainant's hand. When the complainant tried to wriggle out, again the first person stabbed him on the right arm pit. Another person stabbed him on the upper part of the right thigh. The complainant raised hue and cry and started running with bleeding injuries towards 2nd line, Bradipet. A1 to A3 and other accused left that place running away. The entire incident was witnessed by Raja Rao, who was along with the complainant. The complainant thereupon rushed to Arundalpet Police Station on a rickshaw. The Sub-Inspector of Police saw the complainant who was bleeding profusely and sent him to the Government General Hospital, Guntur, accompanied by a Constable in an auto rickshaw without recording his statement. Later, the Sub-Inspector arrived at the casualty and recorded the statement of the complainant. He took signatures of the complainant on the recorded statement and on some blank papers as well stating that they might be needed to record fair statement and other statements. The VII Additional Mobile Munsif Magistrate came and recorded the dying declaration of the complainant at 8.00 PM on that day. The complainant was later shifted to a private hospital, whereat he was operated upon. Thus, A1 to A5 who conspired to do away with the complainant engaged four hirelings who attacked the complainant at the instance of A1 to A5 and thus all of them are liable for punishment under Sections 120-B and 307 read with 149 of the IPC. However, the Inspector of Police, who investigated the case, for the reasons best known to him, filed the charge-sheet against the four unknown persons, leaving A1 to A5. When the complainant attended the Court on 29-10-2002 to give evidence, he came to know that the case was filed against four persons only omitting A1 to A5. Hence, he filed a private complainant before the V Additional Munsif Magistrate, Guntur.