IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO. 1299 OF 2004. Between: Riyaz Khan … Appellant-A2 V/s. The State of A.P. Represented by its Public Prosecutor, High Court of A.P Hyderabad. … Respondent- Complainant Counsel for the appellant : Sri C. Praveen Kumar Counsel for the Respondent : Addl. Public Prosecutor The Court made the following Judgment: Judgment follows from 2nd page THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO. 1299 of 2004. JUDGMENT : This Criminal Appeal is directed against the judgment dated 18-5-2004 passed in SC.No. 321 of 2002 by the V Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad, whereby and whereunder the appellant-A2 was convicted under section 235 (2) Cr.P.C. and he was sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.1000/- for the offence punishable under section 306 IPC and further inflicted Rigorous Imprisonment for a period of one year and to pay a fine of Rs.500/- for the offence punishable under section 498-A of IPC; in default of fine for the above counts, he was sentenced to undergo Simple Imprisonment for a period of three months and one month respectively. The trial Judge further directed to run both the sentences concurrently and allowed the pre-detention period from 29- 9-2000 to 21-10-2000 and acquitted A-1 under section 235 (1) Cr.P.C., for the above two counts. 2. The case of the prosecution is that Smt. Nasurathunnisa, who is the daughter of the defacto complainant, Smt. Naseem Begum was given in marriage to A-2 about two years prior to the date of the incident, two months after the marriage, the husband and mother-in- law of the deceased started harassing her. Due to continuous harassment and torture of A-1 and A-2 and due to lack of proper treatment, the deceased got miscarriage of her pregnancy. Later, A-2 kept the deceased separately in a rented house. On 28-9-2000 at about 09:30 p.m., one Sabera informed the defacto complainant, Smt. Naseem Begum, that the deceased was found unconscious in her house and immediately she went to the house of deceased and by that time the deceased was shifted to Osmania General Hospital, Hyderabad, and the doctors declared her as dead. On the strength of the complaint given by the complainant, a case in Cr.No.114/2000 under section 306 and 498-A of IPC was registered and investigated into. During the course of investigation, the facts and evidence collected established that A-1 and A-2 have committed the above said offence. After completion of investigation, the police Shamsheergunj, Hyderabad filed charge sheet in Crime No.114 of 2000 under section 306 and 498-A of IPC against A-1 and A-2. 3. The learned XIV Metropolitan Magistrate, Hyderabad, took the charge sheet on file against A-1 and A-2 for the offences under section 306 and 498-A of IPC and registered the same as PRC.No.12 of 2002. After securing the presence of A-1 and A-2 before the said court, the learned Magistrate complied the formalities as contemplated under section 207 of Cr.P.C. After verifying the material on record, the learned Magistrate came to the conclusion that this is a case exclusively triable by the Court of Sessions and committed the same to the Court of Metropolitan Sessions Judge, Hyderabad, by virtue of committal order dated 02-8-2002 passed in PRC.No. 12 of 2002. 4. The learned Metropolitan Sessions Judge, Hyderabad, took the matter on file and made over the same to the Court of V- Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad, for disposal according to law. 5. The learned V-Additional Metropolitan Sessions Judge, Hyderabad after hearing both sides, examined A-1 and A-2 and framed charge under sections 498-A and 306 of IPC which was read over and explained the same to them in vernacular language. A-1 and A-2 pleaded not guilty and claimed to be tried. 6. To substantiate its case, the prosecution examined PWs 1 to 12 out of 17 witnesses and got marked Exs.P1 to P-11. On behalf of A-1 and A-2 no oral and documentary evidence was adduced. 7. After closure of the prosecution evidence, A-1 and A-2 were examined under section 313 Cr.P.C. for the incriminating evidence appearing against them. A-1 and A-2 submitted that they got no defence evidence on their behalf and further no documents were got marked on their behalf. 8. On appreciation of the oral and documentary evidence adduced by the prosecution, the learned trial Judge found A-1 not guilty and A-2 guilty for the offences under section 498-A and 306 of IPC. Further the appellant-A2 was convicted under section 235 (2) Cr.P.C. and he was sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.1000/- for the offence punishable under section 306 IPC and further inflicted Rigorous Imprisonment for a period of one year and to pay a fine of Rs.500/- for the offence punishable under section 498-A of IPC; in default of fine for the above counts, he was sentenced to undergo Simple Imprisonment for a period of three months and one month respectively. 9. Aggrieved by the same, A-2 preferred the present Criminal Appeal. 10. Heard the learned counsel for the appellant-A2 and the learned Additional Public Prosecutor representing the State. 11. The learned Sessions Judge convicted the appellant-A2 on the evidence adduced by the prosecution more particularly relying on the evidence of the parents of the deceased. This Court perused the entire evidence and also the evidence adduced by the prosecution witnesses. 12. It is evident from the record that the appellant-A2 and the deceased lived in a separate rented house and on the date of occurrence as per the evidence of PW-6, who categorically deposed that on the fateful day, A-1 the mother of appellant herein went along with her to the deceased house and requested the deceased to join matrimonial home instead of living separately and the same was informed to the deceased. The deceased also not stated anything in connection with the said request. Further it is evident from the record that on the date of occurrence the appellant was not present at the scene of occurrence. The entire reading of the evidence adduced by the prosecution, it clearly shows that some domestic quarrels between the mother-in-law and the deceased and also one time the deceased demanded a sum of Rs.1000/- and the same is also not as a dowry. In the absence any positive evidence that the harassment meted out by the deceased in connection with the dowry, this Court is of the view that there is no need to convict the appellant-A2 for the offences under section 498-A and 306 of IPC. To attract the offence under section 306 of IPC, mere fact that the deceased committed suicide that itself is not a ground to convict the appellant-A2 for the offence under section 306 of IPC and there should be evidence on record to show that due to the inducement by the appellant-A2 that the deceased committed suicide. In the presence on hand, absolutely there is no evidence forthcoming that due to the inducement made by the appellant-A2 herein the deceased committed suicide. In the absence of any evidence to show that there is inducement by the appellant-A2, it is unsafe to convict the appellant-A2 under section 306 of IPC. In view of the same, the conviction and sentence imposed by the learned V-Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad cannot be sustained and the same is hereby set aside. 13. In the result, the Criminal Appeal is allowed. ______________________ JUSTICE RAJA ELANGO 14-12-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO. 1299 OF 2004 CIRCULATION NO. 14 Date:14-12-2010 Court Master: I s L Computer No. 43