IMPORTANT POINT
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.

ORDER :

This Criminal Petition under Section 482 of the Code of Criminal Procedure [for short Cr.P.C], seeking to quash the proceedings against the petitioners in PRC No.5 of 2019 on the file of the Judicial First Class Magistrate-cum-Special Mobile Court, Ongole, Prakasaham District, wherein the petitioners have been arrayed as accused Nos.2 to 6.

2. The brief facts of the prosecution case are as follows:

[a] the deceased Bursu Sujatha was resident of Lawyerpeta, Ongole and she is the wife of the defacto complainant i.e., Burse Venugopala Rao. Accused No.1/A1 i.e., Kunchala Hari is the adopted son and he is the youngest to all. In the year 2008, the father of the deceased one Kunchala Venkata Subbaiah died due to old age and during his life, father of the deceased had shared the properties to his sons and daughters except three houses located in Srinivasa Nagar, Tangutur. The said three houses were in possession of the mother of the deceased Kunchala Ramulamma. The accused No.1 along with his family members including the mother of the deceased are residing in one house and the remaining two houses were given on rent. After the death of their mother in the year 2015, the accused Kunchala Hari is taking rents. The deceased Sujatha and her family members took objection in occupying one house and taking rents for the remaining two houses by claiming right on the property. In this connection, ill feelings arose between the family of the accused and the deceased and they had frequent quarrels with each other. While so, on 03.07.2017 the deceased Bursu Sujatha went to Srinvasa Nagar, Tangutur and questioned the accused No.1 to give rents to her, forthwith a quarrel took place between the family of the accused and the deceased. In this connection, basing on the complaint of Bursu Sujatha/the deceased, on 03.07.2017 a case in Crime No.133 of 2017 dated 03.07.2017 was registered for the offences punishable under Sections 354, 324 r/w 34 of IPC of Tangutur Police Station against the accused No.1 and three others.

[b] On 04.07.2017 the deceased submitted a representation to the Assistant Engineer (A.E.) Electricity Department, Tangutur requesting to remove electricity connection to above three houses on the pretext of getting repairs. As such, on 04.07.2017, the A.E. gave instructions to one Chatragadda Sundara Rao, the Assistant Lineman to remove the electricity connection. At about 11.00 hours the Electricity Lineman visited the house of the accused to remove the electric service wire. As the accused and other inmates were presence, the Assistant Lineman returned without disconnecting the power supply. The accused/A1 came to know about the arrival of the Assistant line man for disconnecting the power supply, accused has decided to eliminate the deceased for causing troubles to him.

[c] While so, at about 17.00hrs, while the accused was at his house, the deceased along with Assistant Lineman and other electricians came there to get remove the power supply, the accused Kunchala Hari had a quarrel with the deceased and threatened her that he would kill her if she removes the electricity connection to his house. In the meantime, the wife of the accused by name Kunchala Suvarna came there and requested the deceased not to disconnect the power supply. But the deceased did not care the warnings of the accused and got removed the electricity connection with the help of the Assistant line man and private electricians. Following the above incident, the wife of the accused Kunchala Suvarna and her children went into house, bolted the doors and tried to commit suicide by pouring kerosene and they were rescued by one Busu Ramanaiah, who is the father of Bursu Suvarna. Fed up with the behavior of the deceased, the accused took an axe which was already kept by him in the Varanadah of his house, went to the deceased, who stood on the road, hacked her on the right side of the neck, chin and on head with intent to kill her and fled away from there as a resul