THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.908 of 2004 O R D E R: This Criminal Revision Case is directed by the petitioner/accused against the order of conviction of the offence punishable under Section 306 IPC by the V Additional Sessions Judge, Mahabubnagar, vide judgment dated 20.05.2004 in Crl.A.No.113 of 1999. The brief facts of the case are as follows: The deceased Anitha was the daughter of complainant. Madduri Narayana and his wife Madduri Lakshmi residents of Sangam village. About 1 ½ years prior to the date of incident, she was given in marriage to the accused. It is alleged that from the date of marriage, accused started ill- treating her suspecting her fidelity and they have driven her out of the house on 2.8.1994, on which she was compelled to join her parents. On 27.8.1994, the village elders of Alwal along with accused visited the house of defacto- complainant and assuring that the deceased would not be ill-treated any further, she was taken to the house of accused. However on 05.09.1994 at about 6.30 PM she alleged to have poured kerosene and set fire to herself at her in-laws house and succumbed to injuries on 18.9.1994 at Osmania General Hospital, Hyderabad, having been admitted by the defacto- complainant, who rushed to the house of the accused on the message from the village of the accused. He lodged a written complaint with the police, Keshampet on 20.9.1994, basing on which a case in Crime No.68 of 1994 under Section 306 IPC was registered and investigated into. During the course of investigation, the statements of all relevant witnesses were recorded and inquest was held over the dead body of the deceased by the investigating officer, in the presence of mediators and later the body was subjected to post-mortem examination and the doctor who conducted it held that the death was due to burns. Since the investigation established that due to the harassment of accused the deceased got disgusted as her character was always suspected and resorted to the extreme step and thus the accused was found to have abetted the commission of suicide by the deceased. Therefore charge sheet was laid alleging the offence punishable under Section 306 IPC. The learned counsel for the petitioner submitted that the deceased attempted to commit suicide on 05.09.1994 and she died on 18.9.1994, whereas complaint was lodged on 20.9.1994. There is no explanation by the prosecution for the delay in lodging the complaint and no statement of the deceased in the nature of dying declaration was recorded between 05.9.1994 and 18.9.1994. He further submitted that, except PWs 1 and 2 and Investigation Officer, other witnesses turned hostile. The learned trial Judge and the appellate Judge placed reliance on the evidence of PWs 1 and 2, interested witnesses, and convicted the petitioner as stated above. Heard the learned counsel for the petitioner/accused and the learned Additional Public Prosecutor and perused the entire records and also the evidence adduced by the prosecution. It is evident from the records that even though the occurrence took place on 05.9.1994, the complaint was lodged by PW.1 on 20.9.1994, after the death of the deceased on 18.9.1994, and there is no proper explanation by the witnesses for this delay. Further, it is to be seen that there is too positive substance in the evidence of PWs 1 and 2 to attract an offence under Section 306 IPC. There is no positive evidence adduced by the prosecution that the deceased committed suicide only due to the harassment of the petitioner herein. In the absence of any such positive evidence, to attract an offence under Section 306 IPC, this Court is of the view that the orders of the lower Courts to be interfered with. In view of the same, the conviction and sentence imposed by the Courts below is hereby set aside and the petitioner/accused is acquitted of the offence punishable under Section 306 IPC. In the result, the Criminal Revision Case is allowed. _________________ RAJA ELANGO, J 28th June, 2010. PNV