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.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.