PERUBOYINA SATYANARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) This petition is filed to have the proceedings in C C 2 of 2003, on the file of the principal Assistant Sessions Judge, Eluru against Crime No 14 of 2000 of T Narsapur Police Station, quashed, and for a further direction to the respondents to pay just and fair compensation to the petitioners

(2.) The allegations in the charge sheet are that the love affair of one Penuboma Kuman, daughter of Chandrayya, aged 15 years, (younger sister of the 1st petitioner and brother's daughterof the 2nd petitioner herein), with one, Kokkonda Suryachari of Gandigudem village was brought to the notice of the 1st petitionerand his father who warned Suryachari The villagers of Gandigudem village arranged a street cinema programme at Anjaneswamy Temple on the night of 31-5-2000 Penuboma Kumari left her house on the plea of watching the street cinema, met Suryachari at the nearby vacant fields and when she was returning at about 10:30 p.m., the 1st petitioner herein noticed both of them On seeing the 1sl petitioner, Suryachari ran away The 1st petitioner is alleged to have dragged Kumari to their house and complained to the 2nd petitioner herein Both the petitioners are alleged to have admonished, abused and bet her for continuing to maintain illicit contact with Suryachari It is alleged that, Kumari Succumbed to her injuries in the verandah of the house, that A-1 and A-2, worried about her death, hatched up a plan to cremate her without anybody's knowledge and in pursuance of their common intention, both the petitioners herein (A-1 and A-2) are said to have carried the dead body of the deceased into the cashew nut garden of the father of A-1, (the de-facto complainant and L W 1), covered the dead body with cashew nut sticks, poured kerosene and set the body ablaze Both the accused are alleged to have waited at the scene of the offence till 4 00 a m on 1 -6-2000 till the body was burnt into ashes, then to have brought water from the nearby borewell, extinguished the flames, collected the ash into a bag, to have thrown the ash into the perumalla Kunta, washed their hands in the tank and thereafter to have left the place

(3.) The deceased's father is alleged to have searched in vain, thereafter to have approached T Narsapuram police Station at about 9 00 p m on 8-6-2000 and to have reported about the missing girl, which complaint was registered as Crime No 14 of 2000 under the head 'girl missing' It is alleged that during investigation, on 4-5-2001, both the petitioners herein approached L W 6 and L W 7, admitted having murdered Kumari and cremating her L Ws 6 and 7 are said to have brought A-1 and A-2 to T Narsapuram Police Station on 4-5-2001 and to have produced them before the S I of Police Both the accused are alleged to have confessed, in the presence of mediators - L Ws 15 and 16 They were arrested at 5 00 p m on 4-5-2001 On the strength of the confession of both the accused, the S I of police altered the section, re- registered the crime from 'girl missing' into an offence under Section 302 and 201 IPC and further investigated the matter Both the petitioners are alleged to have led the Sub- inspector of Police to the scene of the offence The S.I. of police is said to have visited the 1 rst scene of offence situated at the verandah of the thatched hut of the complainant, the land in which the deceased was cremated and then the perumall Kunta pond wherein ash was thrown into. Separate scene observation reports were prepared. Both the accused were sent to judicial custody and, nearly two months thereafter, were granted bail by this court, by order in Crl. M.P. 2552 of 2001, dated 26-6-2001. Charge-sheet in P.R.C. 37 of 2001 was filed before thejudicial Magistrate of First class, Chaintalapudi under Section 302 and 201 read with Section 34 I P.C. P.R.C. 37 of 2001 was later taken on file as S.C. 67 of 2002 by the First Additional District Judge, Eluru, West Godavari District.