HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.396 OF 2007 Date:25.01.2010. Between: J. Jayaramachandra @ Jayachandra and 2 others …..Petitioners/A-1 to 3 And: The SHO, Chippagiri Police Station, Kurnool District and State, rep. by PP, High Court of AP and another …..Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.396 OF 2007 ORDER: This petition is filed by the accused Nos.1 to 3 under Section 482 Cr.P.C., for quashing proceedings in S.C.No.415 of 2004 on the file of Assistant Sessions Judge, Adoni relating to offence punishable under Section 306/34 I.P.C. A-1 is Secretary of Primary Agricultural Cooperative Society (in short, PACS), Baldona village. A-2 is Supervisor in District Cooperative Central Bank Limited, Alur branch and he has overall supervision on PACS, Baldona village also. A-3 is related to A-1. The deceased was working as clerk in PACS, Baldona village. He committed suicide on 05.08.2002 by consuming pesticide poison. On report given by wife of the deceased who is the 2nd respondent, the police booked case, investigated into the same and filed charge sheet before the Judicial Magistrate of the First Class, Aluru against A-1 to A-3 for offence punishable under Section 306/34 I.P.C. It is alleged in the charge sheet that about one week prior to 05.08.2002, there was a fraud in PACS, Baldona to an extent of Rs.72,000/- and that A-1 to A-3 demanded the deceased to pay Rs.36,000/- and threatened to kill if he failed to pay the said amount and that the deceased was innocent of the said fraud and that on 05.08.2002 when the deceased attended his office at about 11.30 a.m, there was verbal altercation between A-1 to A-3 and the deceased over the fraud and that at that time also A-1 to A-3 demanded the deceased to pay Rs.36,000/- or else threatened to kill him and that the deceased vexed with unbearable harassment of the accused decided to commit suicide and at about 12.30 noon, the deceased took insecticide poison in the society premises itself with an intention to kill himself. The deceased left a death note to the effect that A-1 to A-3 are demanding him to pay Rs.36,000/- and are threatening him to kill if he failed to pay the said amount and insulted him and that therefore, due to the said insult, he decided to commit suicide. The above allegations and death note prima facie show that because of the insult meted out to the deceased by A-1 to A-3, the deceased intended to kill himself and committed suicide. It is contended by the petitioners’ counsel that the deceased owed huge amounts to the society as he obtained eight loans either in his name or in names of his family members and benami persons and that when A-1 and A-2 pressurised the deceased to repay the said loan amounts, the deceased might have committed suicide. It is further stated that the deceased owed money to outsiders also and there was pressure from outsiders also on the deceased for repayment of loans. The petitioners filed two letters, one addressed by Branch Manager of Kurnool District Cooperative Central Bank, Aluru branch to the General Manager, District Cooperative Central Bank Limited and the second one addressed by the General Manager to the police to the effect that the deceased might have committed suicide because of pressure from A-1 and A-2 for repayment of loan amount. In my opinion, those two letters may at best serve as pieces of evidence for the accused by way of suggesting an alternative reason for the deceased to commit suicide. At the same time those letters cannot be decisive at this stage. They have to be considered by the trial court after trial during the course of assessments of evidence. At this stage, on the basis of those two letters, this Court cannot grant any relief to the petitioners. This is a case where the Assistant Sessions Court has to record evidence in support of the prosecution as well as on behalf of the accused; and then only the lower court will be in a position to come to right conclusion with regard to commission of offence or not. It is contended by the petitioners’ counsel that the prosecution did not make out ingredients for abatement to commit suicide. It is also a matter for evidence to be decided by the lower court. As the matter now stands, it is alleged by the prosecution that the deceased committed suicide because of insult, harassment and threats made by A-1 to A-3. Having regard to above discussion of material on record, at this stage, this Court is of the opinion that there are no legal or valid grounds for quashing proceedings in the Sessions Case. In the result, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDARAJULU,J. Date:25.01.2010. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRL.PETITION NO.396 OF 2007 Date: 25.01.2010. Gk.