THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.171 of 2011 BETWEEEN: The State of A.P. … Appellant AND 1. Gollamajji Gowrisankar, S/o. Late Apparao & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.171 of 2011 JUDGMENT: The Public Prosecutor filed this appeal against that portion of the judgment dated 24.08.2009 passed by the Assistant Sessions Judge, Vizianagaram in S.C.No.48 of 2006 by which A1 and A2 were acquitted of the charge under Section 306 I.P.C. By the same judgment, the lower Court convicted A1 for the offence under Section 354 I.P.C. and A2 for the offence under Section 509 I.P.C. It is stated that A1 filed appeal against his conviction under Section 354 I.P.C. and the appeal is pending in the Additional Sessions Court, Vizianagaram. 2. The deceased was in 10th class studying in Girls High School at Srungavarapukota by going on cycle from Venkataramanapeta village. It is alleged that A1 was outraging modesty of the deceased on the pretext of he loving her and was blackmailing the deceased from not disclosing the same to her family members. A2 is mother of A1. It is alleged that on 19.11.2005, A2 came to the house of the deceased and started abusing as if the deceased entrapped A1 and that the deceased could not hear the said abuses of A2 and poured kerosene on herself and set fire to herself. While undergoing treatment in the hospital, the deceased gave statement to a head constable in the nature of dying declaration disclosing the said facts. It is not the prosecution case that either A1 or A2 instigated the deceased to commit suicide. The alleged provocation said to have been received by the deceased because of the abuses said to have been made by A2 at her house cannot amount to instigation of the deceased to commit suicide, as contemplated under Section 107 I.P.C. Taking the prosecution allegations on their face value, the lower Court rightly came to the conclusion that in law, the said allegations do not attract the offence punishable under Section 306 I.P.C. Therefore, I agree with the conclusion arrived at by the lower Court insofar as the offence under Section 306 I.P.C. is concerned. 3. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 11.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.171 of 2011 DATED: 11.04.2011 ysk