BALAGONI BALRAJ GOUD Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Petition is filed by the petitioners A-1 and A-2 under Section 482 cr. P. C. to quash the proceedings in PRC no. 4 of 2007 on the file of the III Additional metropolitan Magistrate, Cyberabad at l. B. Nagar, Ranga Reddy District, which was taken cognizance for the offence punishable under Section 306 IPC.

(2.) IT is alleged by the prosecution that the deceased No. 1 Kumar Goud is a native of ghanapur village and residing at Ramangar, vidyanagar for last 15 years along with his family. A-1 Balraj Goud and A-2 Venkatesh goud are the Excise Contractors and native of annojiguda village. Ghatkeswar Mandal and both are residing at Hyderabad city. The deceased Kumar Goud had been working under Balraj Goud for the last 15 years as a Supervisor on toddy compounds. In past elections of Gram Panchayat held on 29-08-2006 Smt. Laxmi Bai who is the mother-in-law of Kumar Goud contested as Sarpanch against Lavanya who is the close relative of a-1 and A-2. Both of them lost their elections and a third one Saritha of Pocharam village won as sarpanch. A-2 picked up a quarrel with l. W. 4, who is thefather-in-law of Kumar Goud insulted and beat him. The deceased Kumar goud, son in lawand Shanker Goud younger brother of Narsimha Goud stopped working with A-1 and A-2 for last one month due to which they incurred loss in their business because of which A-1 and A-2 threatened the deceased Kumar Goud frequently on telephone that he and his family members would be done to death unless he did not join them in their toddy business. On 15-09-2006 A-2 again threatened the deceased Kumar Goud on telephone that he and his family members would be killed unless he did not join with their business. Thus the deceased Kumar Goud disgusted with his life due to frequent threatening calls from disgusted with his life due to frequent threatening calls from A-1 and a-2, decided to commit suicide along with the family members. Accordingly on 15-09-2006 the deceased left his house with his own car a. P. 09-1305 along with his wife Rajeshwari, daughter Laxmi Nikita and son Manjunath goud and went to the outskirts of Ghanapur where he shot his son, daughter and wife and also shot himself with a license revolver, as a result, Kumar Goud and his son died on the way to hospital while Rajeswari and daughter laxmi Nikita sustained bullet injuries which are of grievous in nature. It is clear that the deceased out of mental agony and torture at the hands of the accused had decided to end himself and also his family members and resorted to this act of firing himself and his family members.

(3.) LEARNED counsel for the petitioners contended that even if the allegations in the charge sheet are taken as true and correct, they do not make out prima facie case of abetment, that the deceased appear to have felt insulted if the information that his wife suffering from HIV positive may damage his image in the society, committed suicide and fired at his family members and hence, he prays to quash the proceedings.