HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6748 OF 2010 Dated : 28.10.2010. Between : M.Ramachandraiah … Petitioner-Accused a n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6748 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-Accused seeking to quash the proceedings in S.C.No.351 of 2007 on the file of the Assistant Sessions Judge’s Court, Nellore, for the offence punishable under Section 306 of Indian Penal Code. The Prosecution case is that on 08.08.2004 D.1 Arika Venkata Krishna Reddy, who was doing business, entered into an agreement with A.1 to purchase certain land and paid an advance amount of Rs.80,000/- for which transaction A.2 stood as mediator. Since then, D.1 started requesting A.1 and A.2 to register the said land in his favour or else to return the amount. But, A.1 and A.2 neither registered the land nor returned the amount. Further, they abused and abated D.1 to commit suicide. Two days prior to the date of incident also A.1 and A.2 went to the house of D.1, abused him and abated D.1 and his wife D.2 to commit suicide. Due to the harassment and abatement of the accused, on 07.07.2007 D.1 and D.2 mixed some pesticide in cool drink and consumed the same. Further D.1 also committed suicide by hanging himself with a saree to the ceiling fan in the house. Further D.1 also left a death note in his diary with his own handwriting about the reasons and also the abatement of accused. On receipt of a written report from the brother of D.1, Police registered a case in Crime No.16 of 2007 for the offence punishable under Section 174 Cr.P.C. Further after completion of entire investigation and receiving necessary reports, Police filed charge sheet against A.1 and A.2 for the offence punishable under Section 306 IPC. Heard. This Court perused the entire material on record including the statements of the witnesses. Learned counsel for the petitioners contended that the charge sheet does not attribute intentional instigation or abatement to commit suicide. Hence, the ingredients of Section 306 IPC are not attracted. He further submitted that due to heavy loss in business, D.1 and D.2 committed suicide. Hence, he prayed to quash the proceedings against the petitioners. Per contra, learned Public Prosecutor argued that the investigation revealed abatement on the part of the accused. As such, prayed to dismiss the Criminal Petition. The Prosecution mainly relied on the 161 Cr.P.C. statements of LWs 1 to 4 to prove abatement on the part of the accused. Relevant portions of the statements of L.Ws 1 to 4 are hereby recorded for the purpose of better adjudication of merits of Prosecution case. P.W.1, complainant and brother of D.1, stated in his statement that “Later when I went to house and enquired, I came to know that my brother purchased land from one Modegunta Ramachandraiah by giving an advance of Rs.80,000/-, that one Oil Basha acted as a mediator to the said transaction, that they were neither returning the amount nor registering the land, that two days back they came to the house and scolded, due to which my brother and sister-in-law might have felt bad and committed suicide”. P.W.2, relative of the deceased, stated that “My brother and sister-in-law might have committed suicide as they felt bad due to Ramachandraiah and Oil Basha scolded them to die”. P.W.3, relative of deceased, stated that “Two days back Oil Basha and Ramachandraiah came to the house and scolded my brother saying that they will not return the money and to die somewhere. My brother and sister-in-law might have committed suicide by feeling bad due to the said words”. P.W.4, son of the deceased, stated that “Two days back Oil Basha and Ramachandraiah came to our house in the evening and scolded my parents regarding money matter”. The suicide note left by D.1 A.V.Krishna Reddy runs as follows: “The reason for our death is Modegunta Ramachandraiah, mediator Oil Basha. Earlier Ramachandraiah offered to sell his land admeasuring Ac.1-51 cents at Kothur at the rate of Rs.1,75,000/- per acre, saying that his daughter’s marriage is settled. He executed an agreement by taking an advance of Rs.80,000/- from me. From then onwards they neither registered the land nor returned the money. Kindly take action as per law against the said two persons and see that others will not be cheated like me. Regards to parents an in-laws”. A perusal of the statements and suicide note left by D.1 reveals some quarrel between accused and D.1. Hence, this Court is of the view that the contention of the learned counsel for the petitioners that the abovesaid statements as well as the dying declaration do not disclose any offence under Section 306 IPC can be raised before the trial Court at the time of framing charges and the trial Court is directed to consider the same basing on the available records. With above observation, the Criminal Petition is disposed of. _________________________ JUSTICE RAJA ELANGO Dated : 28.10.2010 sur