The much awaited trial – Part 3

September 18, 2009

Witness No: PW3

Name of Witness: G. Sunitha D/o G. Yohan

Age: 31 years

Occ: Asst. Audit Officer

R/o Vidyanagar, Hyd

Date: 12-08-2009

CHIEF EXAMINATION:

Presently I am working as Asst. Audit Officer at Directorate of State Audit, Hyderabad. Previously I worked as S.I. of police at WPS Saroornagar from June 2005 to February 2007. On 28/12/2005 received a complaint from Smt. Pappu Malathi, W/o Anil Kumar R/o Saroornagar stating that she got married to Anil Kumar, S/o Suryanarayana Murthy on 18/08/2005 at Kakinada. After spending 10 days with her after the marriage, her husband went to USA. Suddenly on 13/10/2005 her husband mailed her that he does not want to continue the relationship with her. She was harassed by her husband and sister-in-law mentally. Her family members tried to contact her husband but received harsh replies from them. Later she came to know that Mr. Anil Kumar and Mrs. Uma Gayathri landed down in India as their father is ill and admitted in Care hospital, clock tower, Secunderabad. As such she requested to stop Mr. Anil and Mrs. Gayathri to escape from India. Based on the complaint, the Inspector of police Saroornagar registered a case in Cr. No. 1125/05, U/s 498-A IPC and transfered it to me for further investigation. I took up the investigation and examined the complaint and her mother Smt. Sitamahalaxmi and recorded their statements. From the evidence collected arrested the accused A1 and A2 on 28/12/2005 at 22:30 hrs and remanded them to judicial custody. After finishing the further investigation filed chargesheet.

CROSS EXAMINATION BY THE DEFENCE COUNSEL:

On 28/12/2005 at 21:15 hrs I took up investigation. I was physically present when I received the file for further investigation. I do not remember whether I made entry in the G.D. about receiving of this file. It is true that it is mandatory it is enter in the G.D. when ever we received a file for investigation. I started investigation immediately after receiving the file. I personally did not apprehended the accused but personally I don’t know who apprehended the accused. On the same day i.e. on 28/12/05 at 22:30 hrs the accused was apprehended. I have instructed the subordinates to apprehend the accused. On 28/12/05, PW1 & PW2 were present in the police station at that night. I didn’t on the day received the file I did not examine PW1 and PW2 on the next day I have examined them. It is not true to suggest that only on the basis of FIR, I apprehended the accused. It is true that it is not mentioned on Ex. P1 that the accused have demanded anything prior to marriage or after marriage are any valuable things given to accused. It is true that PW1 made a request to go to America. It is true that the only grievance of PW1 is the accused denies to continue the marital relationship with her.  It is not true to suggest that on the request of PW1 and PW2 I did not depute my subordinate with out examine the PW1 and PW2. It is true that on 29/12/05 subsequent the arrest of accused. I have recorded the statement of PW1 and PW2. It is true that in the statement of PW2 it is no way concerned about giving of any dowry of giving additional dowry. It is true that in the PW2 statement in the no way harrased the A2. It is true that in the PW2 statement it is no way mentioned that the accused behaved rudely and demanded for any customary ceremony. It is true that in the statement of PW2 it is no way mentioned elders of accused and between them re counsel the matter. I have not put any efforts to examine any relatives of either side to know actual crux of the dispute. I don’t remember except recording of these two statements on 29/12/05. whether I have done any investigation or not I don’t remember. It is not true to suggest that no offence is made over against accused without any investigation only to satisfy PW1 & PW2 and to stop the accused abroad and filed a charge sheet.

IMPORTANT NOTE: At the time when the Sub-inspector/Investigating Officer, G. Sunitha, was giving her testimony in court, it was discovered that the FIR was not signed by the Investigating Officer. it was not signed by the Complainant, Pappu Malathi. The Circle Inspector, who allegedly filed the FIR, was sent summons to appear in court and provide clarification and he has not shown up for 3 dates already.