IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.980 OF 2010 Between: The State of Andhra Pradesh … APPELLANT And Shaik Masthan … RESPONDENT This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.980 OF 2010 JUDGMENT: 1. The Public Prosecutor seeks to file appeal against acquittal recorded by the Assistant Sessions Judge, Gudur, in Sessions Case No.9 of 2009. The respondent was charged by the lower Court for offence punishable under Section 306 I.P.C. The deceased woman admittedly left her married husband and began leading life with the accused. As per the dying declaration given by the deceased, the accused promised to look after her well and the accused took away all her gold ornaments, pledged the same and spent the money obtained therefrom for his expenses and when the deceased conceived pregnancy of three months, the accused asked her to go away. For that reason, the deceased committed suicide by pouring kerosene on herself and setting fire to herself. Accepting the version given by the deceased in her dying declaration as a true version, even then the prosecution did not make out the offence under Section 306 I.P.C. against the respondent, inasmuch as the prosecution has failed to prove statutory facts required to be proved under Section 107 I.P.C. Further, as per post-mortem certificate, the lower Court noticed that the doctor did not find any conception by the deceased. In the circumstances, the lower Court rightly acquitted the accused for the offence under Section 306 I.P.C. 2. Hence, the Criminal Appeal is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 03, 2010 MD HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.980 OF 2010 August 03, 2010