IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7943 of 2007 DATE:15.07.2010 Between: Vemuri Jitendra and another …… Petitioners/Accused. And: The State of A.P. rep. By its Public Prosecutor And another. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7943 of 2007 ORDER: The petitioners 1 and 2/A-1 and A-2 are accused of offence punishable under Section 306/34 I.P.C in Crime No.118/2007 of Eluru Railway Police Station, which on transfer became Crime No.279/2007 of II Town Police Station, Eluru. When the deceased committed suicide on railway track between Eluru and Vatluru railway stations, the police went there and found a suicide note in the pocket of the deceased. As per the said suicide note, it is alleged that A-1 is owner of petrol bunk and A-2 is clerk therein and that the deceased worked in that petrol bunk and that during that time, the deceased borrowed Rs.300/- from A-1 and Rs.400/- from A-2 and that subsequently the deceased stopped working in that petrol bunk and that thereafter on 07.10.2007 A-1 and A-2 demanded for repayment of amounts borrowed by the deceased and that the deceased informed them that he would repay the amounts on 15.10.2007 and that on 10.10.2007 again the accused came to his house and entered into wordy altercation with him and beat him in the presence of the public and that therefore having felt insulted, he was committing suicide. Thereupon the police booked the case against A-1 and A- 2. 2) Mere demanding repayment of amount borrowed by the deceased and mere beating of the deceased for non-repayment, in my opinion cannot constitute abetment under Section 107 I.P.C. There is absolutely no allegation in the suicide note that any of A-1 or A-2 abetted the deceased to commit suicide for such non-repayment. I n Netai Dutta V. State of West Bengal[1] the Supreme Court in similar circumstances held that in the absence of any allegation in the death note about the accused abetting the deceased to commit suicide, will not attract liability under Section 306 I.P.C. This Court also in Kandregula Veeramsetti V. Station House Officer[2] came to the similar conclusion on similar set of facts. Therefore, I find that even assuming the allegations contained in the suicide note are true, it may not constitute the offence punishable under Section 306 I.P.C. 3) In the result, the petition is allowed quashing F.I.R in Crime No.279/2007 of II Town Police Station, Eluru in so far as petitioners 1 and 2/A- 1 and A-2 are concerned for the offence under Section 306 I.P.C. _______________________________ SAMUDRALA GOVINDARAJULU, J July 15, 2010 KSH [1] 2005(2) ALT(Crl.) 125(SC) [2] 2003(1) ALT (Crl.) 351-A.P