IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TEN PRESENT: THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.239 of 2010 Between: The State of A.P. Rep. by Public Prosecutor, High Court of A.P., Hyderabad. - - - Appellant/Petitioner. AND Nalajam Chinnamma @ Chinnakka and another. - - - Respondents/Accused. The Court made the following: THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.239 of 2010 JUDGMENT The Criminal Appeal under Section 378 (1) and (3) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is preferred against the judgment, dated 27-09-2008, in S.C. No.414 of 2006, on the file of the learned Assistant Sessions Judge, Gudur, Nellore District, whereunder and whereby the Accused No.1 was found not guilty for the offence punishable under Section 306 I.P.C. and accordingly acquitted 2. The brief facts that are necessary for the disposal of prosecution case are as follows : On 13-08-2005 Accused Nos. 1 and 2 went to the house of one Yeluru Chandramma and picked up a quarrel with Suseelamma (Hereinafter referred to as the ‘deceased’) and abused her in un- parliamentary words and A-1 beat the deceased on her cheek and caught hold of tuft and insulted her. It is also stated that the deceased was having illicit contact with the son of A-1. On that, the deceased decided to put an end to her life by committing suicide and consumed pesticide poison on 14-08-2005. On the complaint given by Kalluru Sekharaiah-PW.1, the police registered the case, examined the witnesses and conducted inquest over the dead body of the deceased in the presence of mediators. Thereafter, the dead body was subjected to postmortem examination. After completing investigation, the police filed charge sheet when a charge under Section 306 of I.P.C. against A-1 was framed read over and explained to her in Telugu, she pleaded not guilty and claimed to be tried. 3. To substantiate its case, the prosecution examined PWs. 1 to 9 and got marked Exs. P.1 to P.13. 4. After closure of prosecution evidence, when A-1 was examined under Section 313 of Cr.P.C. she denied all incriminating evidence against her. During the pendency of the case, A-2 died. Therefore, the case against A-2 was abated. 5. The trial Court after considering the evidence on record came to the conclusion that there is no evidence to prove the case against A-1 for the offence punishable under Section 306 of I.P.C. and accordingly acquitted A-1. Challenging the same the present Criminal Appeal is filed. 6. Now the point for consideration is : “Whether the prosecution has proved the guilt of the accused for the offence punishable under Section 306 of I.P.C. beyond all reasonable doubt? 7. Heard the counsel representing the learned Additional Public Prosecutor and perused the judgment. 8. PWs. 1 to 8 did not support the case of the prosecution. PW.9 is the Sub-Inspector of police who investigated the case. Therefore, there is absolutely no evidence on record to show that Accused No.1 abetted the deceased to commit suicide by consuming pesticide poison. Though, it is alleged that A-1 abused the deceased and beat her as she was having illicit intimacy with her son, but that is not substantiated with any other evidence. Even the son of the deceased stated that his mother died due to illness. Even the death of the deceased is not legally established because the doctor who conducted autopsy on the dead body of the deceased is not examined and the Forensic Science Laboratory’s report is also not marked. Therefore, the trial Court rightly acquitted the accused and there are no compelling and substantial reasons to interfere with the judgment under challenge. 9. In the result, the Criminal Appeal is devoid of merits and is accordingly, dismissed at the stage of admission, confirming the judgment dated 27-09-2008 made in S.C. No.414 of 2006 on the file of the Assistant Sessions Judge, Gudur, Nellore District. ______________ K.C. BHANU, J Date: 21-01-2010. DSH.