T SWAMY, HANAMKONDA Vs. PUBLIC PROSECUTOR, WARANGAL ANOTHER

JUDGEMENT

(1.) Crl.P.No.10010 of 2015

(2.) The contents of the complaint of Ch.Sunil Reddy in registration of crime supra are that the complainant is resident of Indira Nagar, NGO's colony Road, Hanmakonda, working as Software Engineer who married to one K.Rajyalakshmi, working as Woman Sub Inspector of Mahaboobnagar Rural with the consent of both side elders. In marital tie, she got pregnant confirmed by Dr.Sandhya Rani, on 30.08.2014 and after that she went to her parents home at Khammam on applying leave for three days. After she resumed to duty, she took a new home without informing to her husband - the complainant and after some days,with the help of Circle Inspector of WPS Subedari, she met him in Landmark hotel, Hanamkonda and stated that she was aborted 10 days back and left away without stating any more particulars. Some days later, when the complainant spoke to Circle Inspector supra and ASP M.V.Sreekanth, they told that they will look into the matter but they did not inform anything. After that when he spoke to his wife Rajyalakshmi, she asked him to come to Hyderabad as she was in Assembly bandobast duty. He told her that he would come by 15.11.2014 early morning to the Brindavan Hotel, Abids where she got accommodation as he did not get train tickets and when he called his wife many times, she did not reply. Then thinking that she was in some problem, he came in a flight from Chennai to Hyderabad on 14.11.2014 to Brindavan hotel by 11.00PM and contacted the receptionist about her room and when he pressed calling bell, she opened the door slightly with an improper nightwear and not allowed him to enter into the room but when forcibly entered, he saw a man wearing pant and shirt. Then he shouted and after seeing him the man immediately ran away from the room. When he questioned his wife why she is cheating him, she said that he cannot do anything with her and threatened him and made him to walk out of the room. The man was caught by the hotel guys and when he asked the man who he was, the man threatened to kill him. On his enquiry, he knew that the man was Swami, Circle Inspector of Kareemnagar. Then he immediately went to Abid Road police station and lodged a complaint against said Swami.

(3.) The police after registering crime and completion of investigation, filed charge sheet citing 10 witnesses viz; complainant as L.W.1, Ch.Rajyalakshmi as L.W.2, the eye witnesses as L.Ws.3 to 8 and two Sub Inspectors and one Inspector, who registered the crime, arrested the accused and filed cahrgesheet as L.Ws.8 to 10, stating that on verifying the C.C. footage of Brindavan Hotel, Abids it is found that on 14.11.2014 at 22.21hours, the accused entered into the room of victim in Brindavan lodge, Abids and half an hour later the complainant came to the Lodge and made enquiry in the reception about his wife-L.W.2 was in Room No.217, went to the room and pressed the bell and after three rings only, L.W.2 opened the door slightly but by seeing her husband, she did not allow him into the room, immediately the accused ran away escaping from the room boy-L.W.5 who tried to stop him which is clearly noticed through camaras. Further the L.W.10 collected call details of personal cell phone number of accused i.e. 9908896098 from the period 01.11.2014 to 23.11.2014 wherein it shown that the accused regularly used to contact the L.W.2 on her official cell phone No.9440904667 and on the fateful day also there was conversations between them which is well establishing that the accused Inspector of Police III Town Police Station Karimnagar reported for Assembly bandobust duty on 11.11.2014 morning at Gate No.1, he was given accommodation of Dwaraka Hotel, Lakidikapool whereas Smt. Rajyalakshmi was provided in Brindavan Lodge and she was reported to duty on 03.11.2014. On 14.11.2014 at 22.56hours the complainant on knowing that his wife was in room No.217 of Bridnavan lodge he went to the room and pressed calling bell, she slightly opened the door and when he was in shock, the accused ran away escaping from the hotel staff who tried to catch him. In the charge sheet further mentioned that the presence of accused along with Rajyalakshmi during odd hours of night time inside the lodge room by bolting inside clearly indicates that they are having illegal contact and she was in improper night wear and did not allow her husband to come inside the room and accused absconded from the scene by seeing the complainant strongly establishes their illegal contact. The CC TV footage collected from the Hotel also indicates the entire episode and confirms the accused absconded from the scene. The dress warn by Smt. Rajyalakshmi is clearly seen in the CC TV Footage.