DIDIGAM BIKSHAPATHI Vs. STATE OF A P
LAWS(SC)-2007-11-42
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on November 29,2007

DIDIGAM BIKSHAPATHI Appellant
VERSUS
STATE OF ANDHARA PRADESH Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court, dismissing the petition filed by the appellants under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'). Prayer was to quash the proceedings in SC No.498 of 2001 on the file of VII Additional Metropolitan Sessions Judge, Hyderabad, initiated against them for commission of offence punishable under Section 306 of the Indian Penal Code, 1860 (in short 'IPC').
(3.) Accusations which led to the institution of the proceedings are essentially are as follows: Budida Krishnamurthy (hereinafter referred to as the 'deceased') had close friendship with the appellant (A1). About four years back he appointed deceased and others as field officers in his finance firm namely; Uma Hire Purchase and Finance. While so, the appellant no.1 joined as a partner in Kanaka Mahalaxmi Real Estate Ventures run by Mekala Ravi and Mekala Venu. The deceased and two other field officers namely; Budida Laxmaiah (L.W.7) and Thandra Mallaiah (L.W.8) sold about 15 plots in that group to Kommaipalli villagers and collected various amounts from them and handed over the same to the appellant no.1. As he did not pay the money to the Kanaka Mahalaxmi Real Estate Ventures, the other partners did not register the plots in favour of the persons, who paid the money to the deceased. Since the deceased demanded for registration of the plots in favour of the prospective purchasers, he (appellant no.1) escaped with his family from Jangaon and was staying at his in-laws house. The deceased went there and demanded registration of the plots, but the appellants abused him in filthy language and the accused neither registered the plots nor returned the amount. Due to the mental harassment and unable to bear the pressure from the purchasers of the plots, the deceased committed suicide by falling under an un-known train in the night of 17.4.2001 leaving a suicide note narrating the reasons for his committing suicide.;


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