HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2014 of 2004 JUDGMENT: The appellant/accused was convicted by the lower Court under Section 306 IPC and was sentenced to simple imprisonment of ﬁve years and ﬁne of Rs.2000/- and also ordered for payment of Rs.1500/- out of the ﬁne amount to P.W.2 as compensation. Questioning the same, the accused filed this appeal. The accused and the deceased Yugandhar were friends from their childhood as they were classmates. It is alleged that due to harassment caused by the accused, the deceased committed suicide by falling under a running train at Nalgonda and died on the spot. It is further alleged that in the death note left by the deceased, he stated that the accused was responsible for commission of suicide by him. Plea of the accused is one of not guilty. After trial, the lower Court found the accused guilty of the charge. There is no dispute about factum of the deceased committing suicide by falling under a running train on the night of 23/24-02-2003 in between Srirampuram and Nalgonda railway stations within the limits of Railway Police Station, Bhongir at Nalgonda. P.W.1 the Station Superintendent, Nalgonda Railway Station gave Ex.P1 report to P.W.8 who is the Head Constable in Bhongir railway police station. On the basis of Ex.P1 report, P.W.8 registered case in Crime No.14 of 2003 under Section 174 Cr.P.C. and issued Ex.P6 FIR. P.W.8 went to the scene of oﬀence and made preliminary investigation by way of observation of the scene under the cover of Ex.P2 and seizing M.O.4 from the scene thereunder. P.W.9 who is the Sub-Inspector of Police, Bhongir Railway Police Station took up investigation in this case and altered section of law in this case from 174 Cr.P.C. to Section 306 IPC on the basis of another report said to have been given by P.W.2, who is father of the deceased. He did further investigation in this case. In Ex.P3 inquest report in column No.XV it is stated that the deceased committed suicide due to harassment by his friend who is the accused by lying under the running train. In the inquest report the said conclusion was arrived at on the basis of suicide note of the deceased. M.Os.5 to 17 are contents of M.O.4 notebook seized from the scene. M.O.18 is another letter of the deceased left as suicide note. M.O.20 is part of M.O.18. The said suicide notes of the deceased were sent to Forensic Science Laboratory for comparison along with M.Os.1 to 3 notebooks of the deceased. P.W.3, who is brother of the deceased identiﬁed M.Os.1 to 3 as notebooks containing handwriting of the deceased. P.W.10 is the expert in Forensic Science Laboratory, Hyderabad who gave Ex.P8 opinion along with reasons to the eﬀect that the death notes are in the same handwriting of the person who wrote standard writings contained in M.Os.1 to 3. It is on the basis of the death notes or suicide notes the lower Court concluded in favour of the prosecution. The lower court extracted contents of M.O.18 suicide note to the following effect: “I cannot live. You live happily. That fellow N.Nagaiah would not allow me to live. Ever since my childhood the accused used me for necessities and now he beat me and started false propagonda that I (the deceased) squeezed the testicles. Mother! That fellow scolded me on the previous Saturday night and asked me to come to Nalgonda. I waited for him Sunday, but he did not come. I returned from Nalgonda and called him. He behaved high- handedly and beat me and alleged that he was beaten by me. That fellow everyday tortured me but I tolerated. I cannot tolerate any more.” “If I speak to anybody, he used to quarrel and create panchayaths, but I tolerated. Now after my death, he would start false propagonda. Don’t believe this. That fellow is a fraud. Don’t leave him. I taught him all the things but he gave me death. Though his father, mother and sister scolded me several times but I tolerated. Those abuses cannot be disclosed. Mother! He is demanding to give our sister to him as price for the service rendered by him to us. As he was not liked by anybody he liked our sister. For about ﬁfteen days, he was troubling me to give our sister for marriage. He cuts his hand and shows blood and instigates me to do his works. Oh God! At least you don’t leave him. I give my love to friends. Not to hurt the accused. I used to comment in private. Mother! The accused may raise false allegations about the marriage but don’t believe him. I always wished that he should marry and also be friendly with me but I never stated that he should not marry.” “Dear Kutti, don’t leave him if all other failed to take action against him. I never complained in the house that he beat me though he made false allegations against me. Mother! The accused used to abuse if I speak to my friends in his presence, but I bore the harassment. Mother! I am afraid of coming into the village due to fear of the accused. He bore grudge and he is harassing me.” “Mother! That fellow by being in Hyderabad telephoned and abused me as bastered and enquired with whom I was sleeping. He is claiming that he would kill me and come out of the case by spending Rs.2.00 lakhs. Let him be happy, while our family starts weaping.” “Dear Narsimha, Mahaboob! After my death don’t leave the accused if you are my real friends. That fellow proclaimed that he would escape with the help of political leaders by killing me. Okey! He would certainly come to me some days later.” “Nagaiah what sin I have committed and why you are chasing me though I treat you as brother. Whether I am punished for making you to learn all the things? I gave all my books to you since our childhood. What have you left to me? You alone live and do job. I was dreaming to do job and provide good education to Bujji but my life has become unﬁnished. Though I stated number of times that I will kill you out of anger, I was unable to tolerate even an ant bite to you. Mother! The harassment of the accused is much. There is no time. After my death you forget me early. Don’t arrange any panchayats. Kutti, you should become a police. Mother! Don’t allow Bujji to do friendship with anybody and allow her to spoil like me. Mother! I wept like anything while writing this letter. Mother! Excuse me had I troubled any of our family members. My goodness is forcing me to death. Take care of brothers, bujji and sister. Annaiah! N.Nagaiah is responsible for my death. Don’t leave him. Everyday he tortured me. Hence, I decided to die as I am unable to tolerate the torture. Mother! The accused told me that his friendship is not true and only to deceive me he pretended friendship. I cannot bear this type of behavior. I can kill him but he pleaded mercy stating that he got four brothers. But he proclaims that he would kill me. Hence instead of waiting to be killed by the accused, I have decided to die.” After quoting the above death note, the lower court observed that the accused and the deceased had strange relationship between them. The lower court further noted that the deceased was worldly wise and had no extreme tendencies of committing suicide for silly instances. Therefore the lower Court concluded that conduct of the accused towards the deceased amounts to instigation to commit suicide. Thus, the lower Court brought to the case under the first limb of Section 107 IPC. In my opinion, ﬁnding of the lower Court on the personality of the deceased is not proper. The lower Court failed to note that P.W.3 in his examination in chief itself stated that when the deceased and the accused were studying intermediate course, the deceased consumed poison for the sake of the accused and that he does not know the reason for doing so. This previous incident of the deceased consuming poison for the sake of the accused, certainly indicates suicidal tendency for or suicidal psychology on the part of the deceased for every trivial thing. It is not as if friendship between the accused and the deceased is having a permanent bondage like any relationship. In case the deceased did not like behavior of the accused, the deceased could have stopped friendship with the accused. A reading of M.O.18 suicide note shows that not only the accused proclaimed to kill the deceased, but also the deceased equally proclaimed to kill the accused several times. Thus conduct on the part of the accused and the deceased undoubtedly indicate that both are persons of extreme psychology and both do not possess normal psychology. If the accused wanted to marry sister of the deceased, it is for the parents of the deceased to take a decision in that regard whether to give their daughter to the accused in marriage or not, and it is not for the deceased to decide the same. In between friends and persons having relationships, there will be accusations and counter accusations. That does not mean that all of them should die by committing suicide. The lower Court should have noticed that M.O.18 death note left by the deceased indicates not only humiliation of the deceased by the accused but also counter humiliation of the accused by the deceased. Since both the accused and the deceased belong to the same character and mentality, their friendship continued from childhood till the deceased committing suicide. In those circumstances, this Court does not ﬁnd that if contents of M.O.18 death note are taken on their face value to be true, they do not amount to instigation by the accused for commission of suicide by the deceased. I do not agree with the reasoning and conclusion of the lower Court. In the result, the appeal is allowed setting aside the conviction and the sentence passed by the lower Court against the accused/appellant and acquitting him. _____________________________ SAMUDRALA GOVINDARAJULU, J 5th December 2011 Rns