HON’BLE SRI JUSTICE B.N.RAO NALLA Crl.A. No. 152 of 2006 DATED:23.07.2010 Between: State of A .P. rep. by The Public Prosecutor .. Appellant And Gurram Suresh .. Respondent JUDGMENT:- The State has preferred this Criminal Appeal against the judgment dated 28.07.2004 delivered in S.C. No.136 of 2004 whereby the learned Additional Assistant Sessions Judge, Tenali, found the accused not guilty of the offence punishable under Section 306 IPC and acquitted him. Challenging the impugned judgment, the State has preferred the present Criminal Appeal. The case of the prosecution in brief is that one year prior to the death of the deceased – Bhagya Laxmi, the accused trapped her with deceitful words by way of expressing his love towards her and made her believe that he would marry her and wrote letters to her. The deceased, with the hope that the accused would marry her, fell in love with him. About two months prior to the occurrence of offence, the accused informed the father of the deceased about his love affair with his daughter and requested him to perform their marriage. The accused also informed PW4 – maternal aunt of the deceased, his intention to marry the deceased only if they give dowry of Rs.40,000/-, but PW4 replied that the father of the deceased is not in a position to give dowry. On 13.03.2003, when PWs.4 and 5 were present at the house of PW7, they found the accused passing by that way, and PW4 called the accused and questioned about his marriage with the deceased, but the accused demanded that he would marry the deceased only if they give Rs.1,50,000/- as dowry. Then, the deceased questioned the accused as to why he cheated her and stated that she would die if he would not marry her, but the accused replied recklessly and went away. On 14.03.2003, at about 3.00 A.M., the deceased, being vexed with her life for being cheated by the accused, and after writing a suicidal note, committed suicide by consuming organophosphate insecticide poison. PW1 lodged a complaint against the accused, based on which, the Sub-Inspector of Police, registered a case against the accused for the offence under Sections 306 and 420 IPC and filed charge sheet after completing investigation. To substantiate the case of the prosecution, it examined PWs.1 to 11 and got marked Exs.P1 to P13. Nobody was examined nor was marked any document on behalf of the defence. The trial Court, after considering the evidence both oral and documentary, found the accused not guilty of the offence punishable under Section 306 IPC, and accordingly acquitted him, as stated supra. PW1 – father of the deceased, deposed that two months prior the death of the deceased, on the day of Deepavali, the accused came to his house with a proposal to marry his daughter - Bhagya Lakshmi. Then, he told him that the accused belongs to a rich family whereas, they belong to poor family and it is not proper for him to come with such a proposal. The accused stated that at any cost, he would marry his daughter, and at that time, PW1’s wife was present there itself. Thereafter, PW1 learnt that her daughter committed suicide by consuming pesticide granules given by the accused. In cross- examination, he denied a suggestion that he owns Ac.01.00 cents of land. He admitted that there was love affair between the accused and his daughter. He denied a suggestion that by the time of her daughter’s death, he was proposing to give his daughter to a person, who was already married and ready to contact second marriage. He also deposed that PW4 – sister of PW1 came to his house on 13.03.2003, a day before the occurrence of offence. PW2 – mother of the deceased deposed that the accused promised to marry her daughter in spite of their saying that the marriage is not possible as the accused belongs to a rich family while they belong to a poor family. Two months prior to her daughter’s death, when the accused came to them with a proposal to marry her daughter, they stated that they would consult his parents and decide the alliance. The accused stated that the marriage would be impossible if they were to approach his parents seeking alliance. Two months later, her daughter committed suicide. One day before her demise, her sister-in-law - PW4 came to her house. In cross- examination, she deposed that they take the advice of PW4 in all their family affairs. She denied a suggestion that PW4 beat the deceased in front of their house and the deceased died as they were searching for other alliance for her and also by the beatings of PW4. PW3 – sister of the deceased deposed that she can identify the handwriting of the deceased. Ex.P2 is the letter in the handwriting of her sister. Ex.P2 and some other letters, which were written by the accused, were on the bed of the deceased. She handed over Ex.P2 to the Sub-Inspector of Police, wherein it is written that the accused promised her to marry, but as he demanded dowry subsequently, she committed suicide. She also mentioned in Ex.P2 that the accused supplied pesticide granules to her and the accused is responsible for her death. In cross-examination, she denied a suggestion that on 13.03.2003, her paternal aunt - PW4 abused and beat the deceased with regard to her love affair. PW4 – paternal aunt of the deceased, deposed that two months prior to the death of the deceased, she sustained fracture injury to her hand and went to the house of PW1 for taking rest for about four days. One day, when she went to the house of her brother Basavaiah, the accused came there, introduced himself and put forward a proposal to marry the deceased. She told him to approach the parents of the deceased. The accused told him that already he approached PW1, who stated that he can give only Rs.30,000/- as dowry and the accused has to convince his parents for such dowry. She further deposed that the accused informed that his parents are not agreeable to the dowry of Rs.30,000/- and stated that if she pays Rs.10,000/- more, his parents would agree to the marriage. She told him that she was ready to give Rs.10,000/- and asked him to get the matter confirmed with his parents. Three days later, the accused told that even though his father agreed to receive Rs.40,000/-, but his mother bluntly refused to accept the proposal, so the accused expressed his helpless condition to marry her niece. She further deposed that when she questioned about the decision of the accused in those circumstances, the accused stated he would try to convince his parents within two months and if he failed to convince them he would marry her niece by eloping with her. PW4 further deposed that when she went to the house of PW1 on 13.03.2003, the deceased told her that the accused informed her that he was getting offers for marriage with a dowry of Rs.1,50,000/- and if the deceased is able to pay such amount, he would marry her, otherwise, he asked the deceased to commit suicide. PW4 further deposed that the deceased asked her to discuss the proposal with the accused. When she went to the house of Basavaiah, the accused was coming on that way. When she called him and questioned as to what he did with regard to the marriage proposal, the accused demanded her to pay Rs.1,50,000/-. When she questioned him as to why he turned back on his words, the accused questioned as to why the deceased did not commit suicide when she was not able to pay the demanded dowry even though he supplied pesticide granules. Then, PW4 said that she would adjust some amount. At the same time, the deceased came there, caught hold of the shirt of the accused and questioned him as to why he deceived her by promising her marry. Then PW4 chastised the deceased and instructed her to leave his shirt. The accused immediately jumped the fencing saying that if the deceased is really sensitive she has to commit suicide by consuming the pesticide granules, which he already gave to her. Two months thereafter, the deceased committed suicide. PW5 – senior maternal aunt of the deceased, deposed that the deceased committed suicide on the ground that the accused refused to marry her even though he promised to marry, and further imposed a condition that unless she pays Rs.1,50,000/- as dowry, he would not marry her. At her house, PW4 called the accused and questioned him as to why he refused to marry the deceased though he promised earlier to marry her with Rs.40,000/- only as dowry. The deceased caught hold of the shirt colour of the accused questioning as to why he deceived her. PW6 – neighbour of the deceased, deposed that on the date of the incident, at about 3.00 a.m., he came to know that Bhagya Lakshmi committed suicide, by which time, PW1 was at field tethering the sheep. He went and informed him about the death of Bhagya Lakshmi. PW7 – Secretary of Chinapulivarru Panchayat and the scribe of the Panchanama dated 15.03.2003 with regard to the death of the deceased, deposed that he examined the relatives of the deceased and opined in the inquest report that the deceased died by consuming poison. PW8 – Assistant Civil Surgeon, Tenali deposed that on 15.03.2003, she examined the dead body of Uppal Bhagya Lakshmi and opined that the deceased died due to consumption of organophosphate (insecticide poison). Ex.P4 is Post Mortem Certificate issued by her. PW9 deposed that he took photographs of the dead body of the deceased and Exs.P5 to P9 are her photographs. PW10 deposed only to the extent that the deceased studied in their school from 07.07.1989 to 26.07.1994. PW11 – Sub-Inspector of Police, Kolluru Police Station, deposed as to the preparation of observation report, examination of witnesses and arrest of the accused. The learned Assistant Public Prosecutor for the appellant-State contended that the judgment of the trial Court is based on mere conjectures and surmises and the evidence of the prosecution witnesses is not properly scrutinised, as such, he pleads that the impugned judgment may be set aside and the accused may be convicted of the alleged offences. Heard the learned Assistant Public Prosecutor appearing for the State, the learned counsel for the respondent-accused and perused the material placed on record. From a careful analysis of the evidence on record, both oral and documentary, it is obvious that the deceased - Bhagya Lakshmi and the accused fell in love with each other. Further, as per Ex.P2 – letter written by the deceased to her elders, parents, and brother before her death, the accused demanded her to pay Rs.2,00,000/- as dowry, and if she failed to give that much amount, he would not marry her, and thus cheated her. The provision under Section 306 IPC envisages that abetment of suicide is confined to the case of persons who aid and abet the commission of suicide by the hand of the person himself who commits suicide. It is to be noticed that even though there is preponderance of evidence of the prosecution witnesses that the accused demanded the deceased and her father to give an amount of Rs.40,000/- and later a sum of Rs.1,50,000/- as dowry if he were to marry her, but Ex.P2 – letter written by the deceased before her death itself reveals that the accused demanded a sum of Rs.2,00,000/- and this evidence as to the amount of dowry was not at all corroborated by any of the prosecution witnesses. Further, even in Ex.P13 – letters written by the accused, it is nowhere mentioned that he demanded any dowry, which creates any amount of doubt in the prosecution case. Ex.P13 – letters clearly speak about the proposal of her marriage with someone, who was already married and ready to contact second marriage. Even though it is alleged that merely because the accused demanded dowry of Rs.40,000/- and later a sum of Rs.1,50,000/- and as the father of the deceased could not pay the demanded dowry, the deceased committed suicide, however, there is no corroborating evidence on record as to the incriminating circumstances that the accused abetted the deceased to commit suicide, as such, it cannot be inferred that the deceased consumed poison solely on the ground that the accused demanded more amount as dowry. From the evidence of the prosecution witnesses, it is to be noticed that there are certain probabilities about the commission of suicide, might be, the deceased committed suicide unable to bear the proposal of her marriage with a man, who is ready to contact second marriage, as is clear from Ex.P3 – letters written by the accused or on the ground that the accused demanded more dowry, but these aspects cannot be taken as inference that they have attracted the ingredients of the charged offence. Further, even though PW4 deposed that the accused would try to convince his parents to agree to Rs.40,000/- and if they would not agree to that he would marry the deceased by eloping with her, and also when the deceased questioned the accused by catching hold of the shirt of the accused as to why he cheated her by not agreeing to marry her, he jumped the fencing and went away, but these statements are not reflected in 161 Cr.PC. statement recorded by the police For the foregoing reasons, the ingredients of Section 306 IPC which constitute an offence of abetment of suicide as alleged in the complaint and evidenced by the prosecution witnesses are not at all attracted, as such, the trial Court is justified in holding that the prosecution failed to bring home the guilt of the accused beyond reasonable doubt, and this appellate Court does not find any infirmity in the impugned judgment warranting interference from this Court. Hence, the Criminal Appeal fails, and the same is accordingly dismissed. ________________ B.N. RAO NALLA, J. July, 2010 bcj