THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.844 of 2011 BETWEEEN: K.Satyanarayana Reddy … Appellant AND 1. The State of A.P.& another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.844 of 2011 JUDGMENT: Father of the deceased wife, who is the de facto complainant, seeks to file this appeal against acquittal of the 2nd respondent/accused of the offences punishable under Sections 306 and 498-A I.P.C. 2. No doubt, the requirement of harassment soon before her death is contemplated for the offence punishable under Section 304-B I.P.C. and not Section 306 I.P.C. In order to attract the offence under Section 306 I.P.C., there must be either instigation or intentional aid by the accused as required under Section 107 I.P.C. As can be seen from the prosecution case and evidence of the witnesses which are discussed by the lower Court in the impugned judgment, there was no instigation or intentional aiding by the accused for suicide committed by the deceased wife. The only ground alleged against the accused is harassment of the deceased for the sake of money, leading to suicide by the deceased. The deceased committed suicide by hanging with her chunni in her parents’ house. Even prior to her death, there was exchange of visits between the deceased and the accused in PW1’s house. 3. For the allegations that the accused demanded Rs.3,00,000/- which was paid by PW1 and that PW1 also purchased a flat for the accused, the lower Court noticed that there was no foundation either in Ex.P1 report or in the statements of witnesses given during investigation under Section 161 Cr.P.C. According to PW1, the accused was indebted to the tune of Rs.6,00,000/- to others and the deceased, Sandhya was asking PW1 to discharge debts of the accused. The lower Court considered the said fact and came to the conclusion that the accused was asking his wife to seek help of his father to clear off the debts. It is also contended by the appellant’s counsel that the accused cheated the deceased and PW1 posing himself as a person with a degree and proficiency in software and that Exs.P7 to P12 certificates produced by the accused were fake certificates as per Exs.P13 and P14 letters written by Osmania University and Hoch Technologies. The alleged false claim of the accused about his educational qualifications and employment will not attract any of the limbs of cruelty defined in explanation to Section 498-A I.P.C. After considering the entire gamut of the case, the lower Court came to the conclusion that the deceased became frustrated and committed suicide as the accused could not discharge his debts. It may be also a reason that since the accused was not possessing valid qualifications and employment, the deceased became frustrated and took the decision of committing suicide. Having regard to the above circumstances of the case, I do not find any valid or legal reasons to interfere with the finding of acquittal recorded by the lower Court. 4. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated:25.07.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.844 of 2011 DATED:25.07.2011 ysk