THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.524 of 2011 BETWEEEN: The State of A.P. … Appellant AND Pattan Ghouse Basha … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.524 of 2011 JUDGMENT: The accused/respondent is husband of the deceased who died committing suicide by pouring kerosene on herself and by setting fire to herself. The Assistant Sessions Judge, Gudur in Sessions Case No.351 of 2006 by judgment dated 23.03.2009, acquitted the accused of the charges under Sections 498-A and 306 I.P.C. All the material witnesses to the prosecution including mother and relations of the deceased turned hostile to the prosecution. The only piece of evidence is a dying declaration recorded by PW11, who is a Magistrate from the deceased when she was undergoing treatment in the hospital. The said dying declarations shows that due to some quarrels between wife and husband and due to beating of the deceased by the accused in drunken state and attributing illicit intimacy, the deceased poured kerosene on herself and admitted to commit suicide by setting fire to herself. The deceased should not have given any importance to the quarrels or utterances made by the accused in drunken state. Because of sensitive mind of the deceased, she committed suicide. There is absolutely no instigation as required under Section 107 I.P.C. on the part of the accused towards the deceased to commit suicide. Marriage of the accused and the deceased took place more than 11 years prior to the incident. Even if the averments in the dying declaration are accepted for the sake of argument, I am of the opinion that the facts do not attract the offences punishable under Sections 498-A and 306 IPC. The lower Court was right in acquitting the accused for the said charges. 2. Hence, the criminal appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 13.04.2011 ysk