THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1696 OF 2009. DATED: 27-11-2009. Between: State of A.P. rep. By Public Prosecutor, High Court of A.P. Hyderabad. … Appellant/Complainant and 1.P.Seshadri and another. … Respondents/Accused THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1696 OF 2009. JUDGMENT: This Criminal Appeal by the State under Section 378 (1) and (3) Cr.P.C., is directed against the judgment, dated 12-06-2008, in Sessions Case No.426 of 2006, on the file of the Assistant Sessions Judge, Gudur, in acquitting the respondents 1 and 2-A1 and A2 of the offence punishable under Section 306 IPC. 2. Brief facts, that are necessary for disposal of the present Criminal Appeal, may be stated as follows: The husband of Peddiboina Venkata Ratnamma (hereinafter referred to as ‘deceased’) was having illicit intimacy with A2 and on coming to know about the same, the deceased scolded A2 on 29-04-2005. A2 went to the school where the deceased was working as Anganwadi teacher and stated that she would continue her relationship with the husband of the deceased and thereafter, the deceased was beaten with a chappal. On 30-04-2005 when the deceased went to bore well to fetch water near the house of the accused, A1 and A2 stopped her and picked up a quarrel and A1 beat the deceased with cow dung basket and A2 beat her with broomstick and A1 pulled her saree. On the intervention of neighbours, the matter was pacified. The deceased reported the matter to her husband who went to the elders and informed the same. The deceased being insulted with the words of the accused, consumed insecticide poison and when she was taken to the hospital, she died on 10-05-2005. On a report given by the husband of the deceased, police registered a case, conducted inquest over the dead body of the deceased and sent the dead body for post-mortem examination. After completion of investigation, police filed the charge sheet. 3. When a charge under Section 306 IPC was framed read over and explained to the accused in Telugu, they pleaded not guilty and claimed to be tried. 4. To substantiate the charge, the prosecution examined P.Ws. 1 to 14 and got marked Exs.P1 to P18 besides case property, M.O.1. No evidence either oral or documentary was adduced on behalf of the accused. 5. The trial Court upon consideration of entire oral and documentary evidence available on record came to the conclusion that the prosecution failed to establish the guilt of the accused and accordingly, acquitted the accused. Challenging the same, State preferred this appeal. 6. Now the point that arises for consideration is whether the prosecution proved its case against the accused of the charge under Section 306 IPC and whether the judgment of the trial Court is legal, correct and proper? 7. Heard the counsel representing the learned Public Prosecutor and perused the impugned judgment. 8. It is not in dispute that the deceased committed suicide by consuming insecticide poison. There must be intentional aiding or abetment so as to attract Section 306 IPC. All the witnesses were declared hostile by the prosecution as they did not support the case of the prosecution. Their evidence does not incriminate anything against the accused so as to connect the accused with the crime. In the absence of any evidence, acquittal of the accused recorded by the trial Court does not call for any interference by this Court. 9. Accordingly, the Criminal Appeal is dismissed confirming the judgment, dated 12-06-2008, in Sessions Case No.426 of 2006, on the file of the Assistant Sessions Judge, Gudur --------------------- K.C.BHANU, J DATED: 27-11-2009 Hsd