THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1167 OF 2005 DATED 10th FEBRUARY, 2011. BETWEEN : K.Golla Ramulu .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1167 OF 2005 ORDER: This is a revision arising out of sentence and conviction imposed on the petitioner-accused in S.C.No.168 of 1994 by the learned Assistant Sessions Judge, Wanaparthy, by judgment dated 02.07.1999 and as confirmed by the learned IV Additional Sessions Judge (FTC) at Mahabubnagar, in Criminal Appeal No.110 of 1994 by judgment dated 20.07.2005 for an offence punishable under Section 306 of Indian Penal Code. Heard. Admittedly, the deceased has not received the letter written by the accused, whereas it is the case of the prosecution that P.W.1, the father of the deceased, on seeing the letter kept the letter in a magazine purported to have written by the accused and the same was witnessed by P.W.5, who is the uncle of the deceased. In turn, P.W.5 went to the accused where some quarrel arose between the accused and uncle of the deceased. On coming to know the said assault and quarrel, the deceased committed suicide. In this case, the prosecution has miserably failed to place reliance on any letter written by the accused since it is torn by the accused as per the case of the prosecution and further more there is no direct evidence to show as to how the accused either directly or indirectly induced the deceased to commit suicide. To attract the offence under Section 306 IPC, the elements of inducement to commit suicide should be present and such inducement should be forcing the deceased to commit suicide, which are absent in the present case to connect the accused with the crime. But, the trial Court as well as the Appellate Court merely on suspicion and presumption convicted the accused for the said offence. Even though it is an unfortunate incident where an Intermediate girl committed suicide, but it is highly unsafe to convict a person on the basis of the material available on record. Hence, the conviction and sentence imposed on the petitioner are liable to be set aside. Accordingly, the Criminal Revision Case is allowed and the conviction and sentence imposed by the trial Court and as confirmed by the Appellate Court are hereby set aside and the petitioner is acquitted of the charge levelled against him. ________________________ JUSTICE RAJA ELANGO Dated : 10.02.2011 sur