THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.227 of 2007 Dated: 21st January, 2010 Between: Allam Venkata Sai Krishna @ Sai Krishna …Petitioner AND State of Andhra Pradesh, rep. by Public Prosecutor and another. …Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.227 of 2007 ORDER: This petition is filed by the accused under Section 482 Cr.P.C for quashing proceedings in Sessions Case No.93 of 2006 arising out of Crime No.154 of 2004 of Pathapatnam Police Station relating to offence punishable under Section 306 I.P.C. 2) The petitioner is a teacher working in private school called Oxford school at Pathapatnam. It is alleged that the deceased girl fell in love with the accused and both of them were in deep love with each other and that after coming to know about the same, father of the deceased shifted the deceased from Pathapatnam to Rajahmundry and that her parents settled her marriage with one Ravi Prasad of Baruva village and that after coming to know about the same, the accused addressed letters to Ravi Prasad informing him about love affair between him and the deceased and that thereupon engagement of the deceased with Ravi Prasad was cancelled and that father of the deceased restricted the deceased from meeting the accused and that in spite of it, the accused took the deceased on his motor cycle and that the accused agreed to marry the deceased and that when it was informed by the deceased to her father. It was further alleged that the accused and the deceased planned to undergo their marriage at Sri Neelamani Durga Temple, Pathapatnam on 24.12.2004 and that on 24.12.2004 the deceased along with friends went to the temple directly and that the accused did not come there and that one Bongu Jagadamba was sent to Oxford school to call the accused and that Jagadamba found the school closed and that Jagadamba returned to the temple and informed the same to the deceased and others. Thereupon the deceased went to back side of temple for attending calls of nature and did not return. When others went to backside of temple, they found the deceased lying on ground with froth oozing from her mouth. Ultimately the deceased died. 3) It is contended by the petitioner’s counsel that taking allegations in the charge sheet and in documents appended thereto for granted, no offence under Section 306 I.P.C is made out because the accused did not refused to marry the deceased and did not make any abetment by words directing her to commit suicide. In this case the abetment was not by words, but by deeds. It was not by positive deed, but was by negative deed. By not coming to the appointed place for marriage even after agreement to marry, the accused had sent the deceased into depression which drove the deceased to commit suicide by consuming poisonous substance like Endosulphan. It is omission on the part of the accused to attend the appointed place at the appointed time for marriage contrary to his agreement, which drove the deceased to commit suicide. By his omission the accused had instigated the deceased to commit suicide by his frustration of the agreement to marry at the appointed date at the appointed place. There is direct nexus between commission of suicide by the deceased and failure of the accused to come for marriage with the deceased. Death of the deceased by way of suicide is direct result of inaction or omission of the accused; and it instigated the deceased to commit suicide. Abetment need not necessarily be by way of uttering of words only. Therefore, it cannot be said that by his absence, the accused did not commit any abetment of suicide. Thus, there is prima facie case for offence punishable under Section 306 I.P.C against the petitioner/accused. 4) In the result, the petition is dismissed. __________________________ SAMUDRALA GOVINDARAJULU, J January 21, 2010 KSH