THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1113 of 2004 O R D E R: This Criminal Revision Case is filed against the judgment in Criminal Appeal No.146 of 2001, dated 30.06.2004 on the file of the III Additional District and Sessions Judge, (Fast Track Court), Gadwal, whereunder the learned Sessions Judge dismissed the appeal confirming the judgment, dated 12.10.2001, passed in S.C.No.317 of 2000 by the learned Assistant Sessions Judge at Gadwal, whereunder the petitioner herein-accused was convicted and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.2,000/- in default to suffer rigorous imprisonment for six months for the offence under Section 306 IPC. The brief facts of the case are as follows: On 21.1.2000 at 20.00 hours, the complainant LW.1 Ch.Chinna Ramudu came to the Police Station and lodged a complaint stating that about four years back he has performed the marriage of his daughter Suvarnamma, aged 19 years with one Marenna of Pullur village. But, since last one year his son-in-law Marenna started harassing his daughter to procure additional dowry from him to construct a house on one pretext or the other, and that about 8 days back also he harassed his daughter and due to his unbearable torture, she finally committed suicide by jumping in a well situated at the outskirts of village Pullur. The incident was informed to the complainant by one Mala Laxmanna. Then he along with his wife proceeded to Pullur and observed that the dead body of his daughter floating on the water in the well. On receipt of complaint a case in Crime NO.3 of 2000 under Section 174 Cr.P.C., was registered by LW.9 and taken up the investigation. Heard the learned counsel for the petitioner-accused and the learned Additional Public Prosecutor. The learned counsel for the petitioner submitted that the entire evidence adduced by the prosecution does not disclose an offence under Section 306 IPC. There is no iota of evidence that the petitioner herein induced the deceased to commit suicide, ofcourse, the evidence disclose that the petitioner demanded additional dowry of Rs.10,000/- to construct a house from the deceased. It is also evident from the record that PW.1 stated that the deceased came to the house of PW.1 and demanded Rs.10,000/-, the same was refused by her, since she went to the petitioner’s house. There after she committed suicide. The body of the deceased was in well for three days. The learned Additional Public Prosecutor submitted that since because of the demand of dowry, the deceased committed suicide that it can be easily presumed that the deceased committed suicide only because of the harassment in connection with the demand of dowry. The learned trial Court also decided the issue on the basis that the death is due to the demand of dowry. Hence an offence under Section 306 IPC is attracted. But this Court perused the entire evidence on record and it is evident that there was a demand by the petitioner herein, which leads her to commit suicide. But at the same time to attract the ingredients of Section 306 IPC, there should be a positive evidence to show that the petitioner herein induced the deceased and the deceased has no other alternative except to commit suicide. Then only an offence under Section 306 IPC is attracted. Herein the present case, there is ample evidence that the petitioner demanded Rs.10,000/- for construction of a house, but at the same time there is no evidence to show that the petitioner herein induced the deceased to commit suicide. In view of the same, this Court is of the view that the act of the petitioner towards deceased does not amount to Section 306 IPC, but the said act of the petitioner herein, which resulted in the death of the deceased squarely covered under Section 498-A IPC. Section 498-A IPC, which reads as follows: “Husband or relative of husband of a woman subjecting her to cruelty: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. a) any wilful condut which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand”. It is evident from the record that since because of the harassment of the petitioner by demanding dowry, the deceased has committed suicide. So the evidence adduced by the prosecution attracts an offence under Section 498-A IPC. Accordingly, the conviction under Section 306 IPC is set aside and the conviction is modified under Section 498-A IPC and the petitioner is directed to pay a sum of Rs.10,000/- as fine. Considering the above submissions, the sentence of imprisonment imposed by the Courts below under Section 306 IPC is set aside and the conviction and sentence under Section 498-A IPC is modified and the petitioner/accused is directed to pay a sum of Rs.10,000/- within three months from the date of the copy of the order made ready. With the above modifications, the Criminal Revision Case is disposed of. __________________ RAJA ELANGO, J 6th July, 2010. PNV