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Priya aged 19 yrs., and, Ashok aged 22 yrs., residing in village Gundimeda, Dist.

Krishna,
Andhra Pradesh met their tragic end like sacrificial goats at the hands of their own community
under the pretext of preserving and sustaining the glory of traditional societal norms thereof
undaunted by any fear of law. Priya belonged to a traditional Brahmin family while Ashok, son
of field worker, was a Dalit. Both had studied together in the same school. Ashok later joined
a private university, successfully completed his B. Tech, got employment in a reputed
company, and used to visit the village on off days only. However, Priya got attracted to Ashok
and gradually they came very close to each other. Apprehending serious repercussions of their
close association in the village, both started meeting clandestinely. When somebody informed
about these meetings to Priya’s father Radheshyam, he strictly warned her not to meet Ashok
otherwise both will face dire consequences. But the warning went in vain and Sarita continued
to meet Ashok. In the meantime, Radheshyam got a suitable Brahmin match for Priya and an
auspicious date was fixed for her engagement ceremony. Priya, feeling helpless, somehow
prevailed upon Ashok to marry her as per Arya Samaj rites in a city temple whose caretaker
was known to him.

On 14 April, 2021, at odd hours in the night, they eloped from the village and got
married on 16 April, 2021. On 15 April 2021, Radheshyam, unable to trace Priya and Ashok
reported the matter to the police alleging that Ashok, by criminal intimidation, has kidnapped
his minor daughter Priya. Accordingly, F.I.R. no. 355/2021 u/s. 363/506 IPC was registered
and the investigation was entrusted to Sub Inspector Balayya Babu. The I.O. accompanied by
Ct. Ravi Teja and Ct. Pawan Kalyan started search for Priya and Ashok but could not trace
them. The village community was highly agitated by the incident and even staged dharna
outside the police station for its failure to trace Ashok. The IO called Ashok’s mother Shanthi
Devi to the police station every day. She was made to sit there for long hours and pressurized
to reveal the possible hideouts of Ashok and even threatened to implicate her also. Shanthi
Devi pleaded helplessness in the matter. Unable to bear the mental torture by the police party
(IO and Constables Ravi Teja and Pawan Kalyan) Shanthi Devi jumped into a well and
committed suicide.

On 15 May 2021, at 7 p.m., Priya and Ashok, of their own, returned to the village. The
police immediately apprehended Ashok and brought him to the police station. The IO recorded
the statement of Priya the next day wherein she stated that she was a major and had gone with
Ashok of her own will and being adult, got married to Ashok as per Arya Samaj rites. She also
produced her 10th Pass Certificate as proof of age and Marriage Certificate as proof of marriage.
Priya struck to her statement u/s 164 Cr. P. C. which was recorded by concerned Magistrate
before whom she was taken by the IO the same evening. She pleaded that Ashok be released
as he has not committed any offence.

IO Balayya Babu and the said Constables Ravi Teja and Pawan Kalyan assured Priya
that no action will be taken against Ashok but, somehow, persuaded Priya and Ashok to
accompany them to the village in a police jeep. The police party, on reaching the village,
handed over both to P-1 to P-5, the five Panchas of the village Panchayat. The Panchas called
an urgent Panchayat meeting to be attended by entire village community including Priya’s
family members. There was lot of commotion in the meeting. The agitated community exhorted
the Panchas for strict action against Ashok and Priya for their highly shameful and
condemnable act and set a lesson to others that such a marriage between high caste and low
caste will never be tolerated by them under any circumstances. Radheshyam vainly pleaded
mercy for his daughter. P-1 to P-5 decided to give exemplary punishment to Ashok and Priya
and announced a dictate that both be confined in a house situated in a field quite away from the
village and that nobody should provide them with food and even water. They deputed two lathi
wielding youth namely Cherry and Bunny to lock the said house from outside and keep constant
vigil so that nobody should approach Ashok and Priya. As per the said dictate, Ashok and Priya
were confined in the said solitary house locked from outside, under the strict vigil of Cherry
and Bunny. The confinement continued for 4 days. Unable to bear hunger and thirst, Ashok
and Priya fell unconscious. When the two vigilantes did not find any movement from the house,
they peeped inside and found both Ashok and Priya lying motionless on the floor. They
informed P-1 to P-5 accordingly. All presumed that both Priya and Ashok are dead. P-1 to P-5
asked Cherry and Bunny to heap dry grass on the house and set it on fire, evidently with a view
to wipe out any sign of crime.

In the meantime, Radheshyam informed the higher police officials about the entire
episode as the local police did not respond to his entreaties. On 20 May, 2021, a police party
headed by DSP Prabhas visited the site, got the fire extinguished, recovered half burnt bodies
of Ashok and Priya and sent them for post mortem. On the basis of the complaint by
Radheshyam F.I.R. u/s. 302/ 120B/201/34 IPC was registered and the accused P-1 to P-5,
Cherry, Bunny, SI Balayya Babu and Constables Ravi Teja and Pawan Kalyan were arrested
for entering into a conspiracy to commit murders of Ashok and Priya. The IO found that SI
Balayya Babu and Constables. Ravi Teja and Pawan Kalyan have also committed the offence
of abetment of suicide of Shanthi Devi and accordingly section 306 IPC was also added. In due
course the post mortem report had also been received which stated that the death of Ashok and
Priya was “due to burn injuries”.

After investigation, the IO submitted the Charge Sheet in the Court for trial of the accused for
committing above offences.

The Trial Court observed that it was a clear case of “Honor Killing” for which the guilty
deserve no leniency. All the accused were held guilty of entering into a conspiracy and
committing murders of Ashok and Priya. P-1 to P-5, Cherry and Bunny were awarded capital
punishment whereas SI Balayya Babu, Ct. Ravi Teja and Ct. Pawan Kalyan were awarded life
punishment. The police party was also held guilty for the offence of abetment to suicide of
Shanthi Devi and awarded 5 yrs. RI. Both the sentences were to run concurrently.

All the convicted persons appealed to the High Court of Andhra Pradesh against the
judgment of the Trial Court. The High Court, maintained capital punishment to P-1 to P-5,
Cherry and Bunny for the said offences committed by them. SI Balayya Babu, Constables Ravi
Teja and Pawan Kalyan were held guilty for committing the offence of culpable homicide not
amounting to murder and were awarded 7 years of rigorous imprisonment. The police party
was acquitted of the offence of abetment of suicide.

Now all the convicts have approached the Apex Court against the impugned judgment
of the High Court.

The State has also appealed against the said judgment whereby the police party has been
absolved of committing the offence of abetment to commit suicide of Shanthi Devi.

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