CHINTOJI BALAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This criminal petition is filed to quash the charge-sheet, in C.C. No.569 of 2003, on the file of the Judicial Magistrate of I Class, Sircilla, Karimangar District in Cr. No.29 of 2003 of Mustabad Police Station, for the offence under Section 308 IPC.

(2.) The allegations in the charge-sheet are that the petitioner herein, a resident of Mustabad Village, had attempted to commit suicide demanding sanction of a Government Junior College at Mustabad Mandal Headquarters. On 15-8-2003 at 10.00 hours the Mandal Revenue Officer, Mustabad made a complaint stating that on the same day the petitioner herein had given him a call that he would commit suicide jumping down from the Telephone Tower, Mustabad at or before 12.00 hours on 15-8-2003 if the Junior College was not sanctioned to Mustabad Mandal Headquarters and that he had also demanded that the functioning of the Junior College be commenced immediately from ZPSS school on a shift basis. The Sub-Inspector of Police, Mustabad P.S. (L.W.7) rushed to the Telephone Exchange at Mustabad, made systematic and tactful efforts and got the accused down from the Telephone Exchange Tower at 15-35 hours. The confession statement of the accused was recorded and a bottle of petrol and a match box were seized from his possession. L.Ws.l to 4 were examined and their detailed statements recorded. As the accused had complained of chest pain he was immediately sent to Sircilla for treatment. While undergoing treatment the petitioner absconded from the hospital. On 29-8-2003 he was apprehended at his residence and, on interrogation, is said to have admitted his guilt. He was arrested, brought to the Police Station, issued an arrest card and the formalities of his arrest was completed.

(3.) According to the charge-sheet, from the facts collected during investigation, it was established that the accused had earlier organized a fast-unto-death demanding sanction of a Government Junior College at Mustabad Mandal Headquarters. The Chairman, Zilla Parishad, Karimnagar had assured him that he would seek sanction from the Hon'ble Chief Minister and had persuaded to him to call off his stir. As there was no response to his request, that a college be established at Mustabad Mandal Headquarters, the petitioner-accused had decided on self-immolation burning himself with petrol and jumping from the top of the Microwave Tower. Accordingly on 15-8-2003 he had sent a notice to the Mandal Revenue Officer and had climbed on top of the Telephone Exchange Tower, at Mustabad at 0800 hours, with a bottle of petrol demanding sanction orders from the Government as well as an announcement by the Chief Minister of Andhra Pradesh through Radio and T.V. Channels regarding sanction of a Government Junior College at Mustabad Headquarters. On intervention by the police his plan was foiled. The witnesses, examined during investigation, stated that the accused was cleverly brought down from the tower and the petrol can taken away from him.