THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.260 OF 2005 DATED 3rd DECEMBER, 2010. BETWEEN : M.Bhaskar .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.260 OF 2005 ORDER: This is a revision arising out of conviction and sentence confirmed by the learned IV Additional District & Sessions Judge (Fast Track Court), Ranga Reddy District, in Criminal Appeal No.108 of 2004 by judgment dated 15.09.2004, as imposed by the learned IV Additional Assistant Sessions Judge (FTC), Ranga Reddy District, who convicted the petitioner-accused under Section 235 (2) Cr.P.C and sentenced him to undergo rigorous imprisonment for seven years for the offence punishable under Section 304B of Indian Penal Code (for short ‘IPC’). Heard. The only evidence available on record to convict the accused is the dying declaration of the deceased. The said dying declaration runs as follows: “Naku pendli Aina Daggari nundi Na Bartha Bhasker Ekkuva Katam Tisukoni Rammani Chala Sarlu nannu vedhinchadu. Maa Amma gari intiki Pampamante pampinchevadu kadu. Inka Katnam Testene Pamputanu ani anevadu. E Roju Udayam nenu Na Barthanu Bonalu Pandagaku maa amma gari intiki pampamani adiganu. Daaniki Na Bartha Inka Rs.20,000/- Teesukoni vastene nannu maa Ammagari intiki pamutanu lekapote pampanu ani titti, kottinadu. Nenu ekkuva katnam teesukoni raaledani nannu E vidhamga chestunnanduna, Nenu chachi podaamani E roju Madhyannam 1.00 gantaku kerosene posukoni antinchukonnanu. Edi Jarigindi”. Apart from the dying declaration, none of the witnesses supported the Prosecution case. A mere reading of the dying declaration discloses that the cause for the deceased committing suicide is the refusal of the petitioner to send her to her parents’ house. The said act of the petitioner will not come under the purview of either Section 304B or 306 IPC. The deceased in the spur of moment, lost her mental balance and committed suicide. Even then it is unfortunate that it cannot be punished under the provisions of either 304B or 306 IPC. Hence, the petitioner is entitled for acquittal and the conviction and sentence imposed on the petitioner need to be interfered with. Therefore, the conviction and sentence imposed on the petitioner by the trial Court and confirmed by the Appellate Court is hereby set aside and the accused is acquitted of the charge levelled against him. Accordingly, the Criminal Revision Case is allowed. ________________________ JUSTICE RAJA ELANGO Dated : 03.12.2010 sur