THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7723 OF 2007 DATED 10th FEBRUARY, 2011. BETWEEN : Dudam Anjaneyulu & others .. Petitioners-A.1 to A.3 and The State of A.P. & another ..Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7723 OF 2007 ORDER: Petitioners approach this Court with a prayer to quash the proceedings in P.R.C.No.48 of 2007 on the file of the Additional Judicial First Class Magistrate, Karimnagar. Heard. The main contention raised by the learned counsel for the petitioners is that the suicide note left by the deceased does not attribute any specific allegations against the petitioners. Further, the said suicide note was also subjected to verification by the FSL authorities and they also confirmed that it is the letter written by the deceased. Learned counsel for the second respondent contended that the suicide note itself is not evidence to reject the case of the prosecution and the evidence of the other relatives also to be taken into consideration and for an offence under Section 304B of Indian Penal Code presumption under section 113B of Indian Evidence Act will come into operation. Hence, it is the duty of the accused to explain as to what necessitated the deceased to commit suicide. For better appreciation of the matter, English translation of the suicide note left by the deceased is hereby extracted: “My life is not useful for anybody. I do not required to any one. Therefore I decided to end my life own, in this no one’s interfere is there. Due to me my all troubles to my all. It is also trouble to My husband with me. He is a good man. Therefore I donot want to put him troubles. Even I am trying to get near to him but could not. The god done injustice to me, therefore I donot like this life. Therefore I decided to die.” On perusal of the record it is evident that the deceased committed suicide for the reasons stated by her in the suicide note. The question of presumption under Section 113B of Indian Evidence Act will come into force when there is no evidence to connect the accused with the crime or if there is nothing to suggest as to the reason for death of a person, who either committed suicide or died in suspicious circumstances in the matrimonial home within a short period after the marriage. When there is specific evidence available on record to substantiate the reason for death, the question of invoking section 113B of Indian Evidence Act does not arise. It is also well settled by the Apex Court that when the evidence available on record establishes the cause for committing suicide, there cannot be any other evidence in the nature of dying declaration, etc. Even the other statements implicating the accused cannot be treated as dying declaration in view of the suicide note, which clearly indicates the cause of death. Hence, this Court is of the view that the present charge sheet does not disclose any offence against the accused more particularly an offence under Section 304B of Indian Penal Code. Hence, the Criminal Petition is allowed and the further proceedings against the petitioners in P.R.C.No.48 of 2007 on the file of the Additional Judicial First Class Magistrate, Karimnagar, are hereby quashed. Miscellaneous petitions pending in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 10.02.2011 sur