HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.960 of 2004 JUDGMENT: This Criminal Appeal is directed against the conviction and sentence recorded in S.C.No.10 of 2004 by the learned Special Judge for the Trial of Offences under S.Cs & S.Ts (POA) Act-cum-VI Addl. Metropolitan Sessions Judge, Secunderabad, vide judgment 15.04.2004, whereby and whereunder the appellant herein-sole accused was convicted under Section 235(2) Cr.P.C. for the offences punishable under Sections 306 and 498-A IPC and, accordingly, sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.100/- in default to suffer simple imprisonment for one month for the offence punishable under Section 498-A IPC and he was also sentenced to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs.100/- in default to suffer simple imprisonment for one month for the offence punishable under Section 306 IPC. 2. The case of the prosecution, in brief, is that the accused is a drunkard and the deceased namely Smt. Renuka was married to him about 15 years back. They were staying in a rented house of P.W.7. During their wedlock, they were blessed with four children including P.Ws.1 and 2. Thereafter, the accused has started harassing, ill-treating and beating the accused by suspecting her fidelity for the last two to three years and he never took care of the welfare of the family. While so, on the fateful night of 21/22.06.2003 the accused came in a drunken condition, abused the deceased in a filthy language and harassed her. Unable to bear the harassment meted out to her, the deceased herself doused with kerosene and set ablaze at her house. On seeing the deceased being engulfed in flames, P.Ws.3 and 7 rescued her and shifted her to the Gandhi Hospital. While undergoing treatment, the deceased died of burn injuries on 26.06.2003. On information from authorities of the Gandhi Hospital, P.W.11, Head Constable of P.S. Gandhinagar, reached the hospital and recorded the statement of the deceased. Basing on the statement of the deceased, P.W.10, Head Constable of P.S. Gandhinagar, registered Crime No.212 of 2003 under the head “woman burnt”. P.W.14, the Sub Inspector of Police, Gandhinagar P.S., investigated into the matter and after completion of investigation and receipt of necessary reports from the authorities concerned, filed charge sheet against the accused for the offences punishable under Sections 498-A and 306 IPC. 3. In order to prove the guilt of the accused, the prosecution examined PWs. 1 to 14 and got marked Exs.P.1 to P.18 and M.Os. 1 and 2. On behalf of the defence, no oral or documentary evidence was adduced. 4. After hearing the arguments on both sides and after evaluating both oral and documentary evidence, the learned Sessions Judge convicted and sentenced the accused as stated supra. Aggrieved thereby, the accused filed this Criminal Appeal. 5. Learned counsel for the appellant-accused has contended that though P.Ws.1 and 2, eye witnesses to the occurrence, and P.Ws.4 and 7, sister of the deceased and house owner of the accused respectively, did not support the case of the prosecution and turned hostile, the trial Court convicted the accused. He further contended that the evidence of P.Ws.5 and 6 is only hearsay evidence and it is also not legal and reliable to base conviction. Therefore, he prays to set aside the judgment of the trial Court and acquit the accused of the charges leveled against him. 6. On the other hand, learned Public Prosecutor appearing for the respondent-State submitted that the trial Court is right in convicting the accused and there are no grounds to interfere with the same. 7. This Court perused the entire record as well as the impugned judgment. Since P.Ws.1 and 2, daughters of the deceased and eye witnesses to the occurrence, P.W.4, younger sister of the deceased and P.W.7, house owner, have not supported the case of the prosecution and turned hostile out of 14 witnesses examined by the prosecution, the trial Court mainly relying on the evidence of P.Ws.3, 5, and 6 and the documentary evidence convicted and sentenced the accused for the offences punishable under Sections 306 and 498-A IPC. 8. P.W.3, neighbour to the accused, deposed that while herself and another were taking the deceased to a hospital in an auto, the deceased informed them that the accused used to harass her daily. P.W.5, sister of the deceased, deposed that the accused used to harass the deceased, but she is not aware of the manner in which the deceased was harassed by the accused. P.W.6 deposed that the deceased herself set fire because the accused used to harass her and also suspect her character. 9. The relevant portion of the dying declaration of the deceased marked as Ex.P.14 runs as follows: “My husband used to harass me and attribute illicit affairs to me. Since three days he is harassing me and asking repeatedly what did you talk to that person. That is why I did like that.” 10. Now, it is apt to extract Section 306 IPC which reads as thus: “Abetment of suicide:- If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and also be liable to fine.” 11. On perusal of the evidence of P.Ws.3, 5 and 6 and Ex.P.14 dying declaration of the deceased and the aforesaid provision of law, this Court is of the considered opinion that the accused had not induced the deceased to commit suicide. In the absence of any inducement, there cannot be any conviction under Section 306 IPC. Therefore, the conviction and sentence recorded against the appellant-accused by the trial Court are liable to be set aside. 12. From a reading of the evidence adduced by the prosecution, it is evident that the accused had harassed the deceased which necessitated her to commit suicide. 13. In this connection, it is necessary to extract Section 498-A IPC which reads as follows: Husband or relative of husband of a woman subjecting her to cruelty:- Whoever, being the husband or the relative of the husband of a woman, subjects such woman, to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation:- For the purposes of this section ‘cruelty” means – (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman, where such harassment is with view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 14. The first limb of the said provision clearly attracts against the accused. Accordingly, the trial Court has rightly come to the conclusion that the prosecution is successful in establishing that the offence under Section 498-A IPC is made out against the appellant-accused and the said finding does not warrant any interference by this Court. 15. In the result, the Criminal Appeal is allowed in part. The conviction and sentence recorded against the appellant- accused for the offence punishable under Section 306 IPC in S.C.No.10 of 2004 by the learned Special Judge for the Trial of Offences under S.Cs & S.Ts (POA) Act-cum-VI Addl. Metropolitan Sessions Judge, Secunderabad, vide judgment 15.04.2004, are hereby set aside and the appellant-accused is acquitted of the said offence. The conviction and sentence recorded against the appellant-accused for the offence punishable under Section 498-A IPC is confirmed. But however, in the facts and circumstances of the case, the sentence of imprisonment for a period of two years imposed by the trial Court for the said offence is reduced to that of the period already undergone by the appellant-accused and the fine amount is not interfered with. __________________ RAJA ELANGO, J 8th December, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.960 of 2004 8th December, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.960 of 2004 Dated: 08-12-2010 BETWEEN: P. Narsingh Rao … Appellant/ Accused AND The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad. …Respondent THIS COURT MADE THE FOLLOWING: