CHALLA SATHYAVATHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is Accused No.3 in Sessions Case No.294 of 2017 pending on the file of IV Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, taken cognizance for the offence punishable under Section 304B of IPC, covered by the committal proceedings in P.R.C.No.4 of 2017 of the learned Committal Magistrate taken cognizance against A1 to A3 for the said offence under Section 304B IPC based on the police final report in the form of charge sheet filed by LW18 among the two Investigating Officers, including LW17, out come of Crime No.277 of 2016 dated 04.10.2016 of Station House Officer, Nacharam, registered by LW17, Inspector of Police, Nacharam, from the report of the second respondent-de facto complainant, no other than father of the deceased. The police report is from the investigation by examination of de facto complainant father of the deceased, LW2 mother of the deceased, LW3 own brother of the deceased, LW4 paternal uncle of deceased, LW5 wife of LW4, LW6 cousin brother of deceased and LW8 maid servant of deceased, LW9 watchman of the apartment, LW10 neighbour of the deceased, LW7 the neighbour of de facto complainant, LWs.11 to 14 mediators to the scene observation and inquest panchanama and seizure panchanama, LW15 is the Tahsildar, who conducted the inquest and LW16 the Professor, Gandhi Medical Hospital, who conducted post mortem examination on the deceased.

(2.) The quash petition averments seeking to quash the said cognizance orders so far as against petitioner A3 concerned are that there are no any specific overt acts to sustain the criminal proceedings against the petitioner A3. She went to U.S.A. on 26.07.2016 and at the time of incident occurred on 03.10.2016, she was not in India even to implicate with any involvement of her. The allegation of the prosecution witnesses of deceased committed suicide due to physical and mental torture for additional dowry demand would no way suffice to rope the petitioner in the absence of any single word of specific incident attributable to her in relation to the cause of death of deceased. PWs.7 to 10 neighbour, maid servant and watchmen of the apartment, where deceased breathed last, no where said that the deceased was subjected to cruelty in A3's house and thereby sought for quashing cognizance order and the proceedings against the petitioner A3.

(3.) Learned counsel for the petitioner A3 reiterated the above facts and sought for quashing the cognizance orders so far as against A3 saying none of the ingredients of the offence under Section 304B IPC with presumption under Section 113B of Indian Evidence Act attracts so far as petitioner A3 concerned and continuation of the proceedings including cognizance orders of the Court outcome of non application of mind are untenable and to sub-serve the ends of justice, the proceedings are liable to be quashed.