THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1194 of 2013 20-01-2014 BETWEEN:
State of A.P., Rep. by the Public Prosecutor, High Court of A.P., Hyderabad.
…..Appellant AND Dasari Yadaiah …..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT: THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1194 of 2013 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 22.09.2011 passed in S.C. No.336 of 2010 by the Hon’ble Assistant Sessions Judge, Nandikotkur, whereby the learned Judge acquitted the accused for the offence under Section 306 IPC.
The case of the prosecution is as follows:
That the accused suspected the deceased having extra marital life with his second wife and he warned the deceased. The accused quarreled with the deceased at tea hotel and abused him in filthy language. On 08.03.2010, the deceased consumed pesticides at his house at Damagatla and went to Kurnool in the auto of Pinjari Khaza Hussain and presented suicide note to G.Raghunatha Reddy, Administrative Officer at Collector Office, Kurnool. While he was undergoing treatment, he died.
To substantiate the case of the prosecution, the prosecution examined P.Ws.1 to 12 and marked Exs.P.1 to P.15. No oral evidence was adduced on behalf of the accused but marked Exs.D.1 and D.2.
On appreciation of oral and documentary evidence, and more particularly on examining the suicide note, the trial Court has observed the contention of the learned counsel for the accused with regard to Section 306 IPC, as follows (para 12 of the Judgment) 12. The counsel for accused vehemently argued that there is no proof to show that the accused instigated or abetted the deceased Padmanabhaiah to commit suicide. The ingredients under Section 306 IPC are not made out against the accused. Though the allegations mentioned in Ex.P.2 suicide note that the accused suspected the deceased had illegal connection with his wife and abused him in the public place and misbehaved him and he gave report to the police. He further alleged that the wife of the accused had illegal connection with brother of Tippa Reddy. She falsely stated that he caught hold of her hand and send signs through his eye to her. So, he requested action against the accused and his wife, no where it is stated that he consumed pesticide poison unable to bear the harassment made by the accused. Therefore, the allegations mentioned in the suicide note do not attract the Section 306 IPC.
The learned trial Judge while acquitting the accused further observed as under (relevant portion in paragraph 13) In the present case, the accused and his wife made blame against the deceased that he had illegal connection with the wife of the accused. On that, the deceased Padmanabhaiah consumed pesticide poison and died by submitting suicide note to P.W.1, who is the administrative officer in Collector Office, Kurnool. In order to establish offence punishable under Section 306 IPC, there must be clear mens rea to commit offence and also require active act or direct act which led the deceased to commit suicide. But, in this case, the accused had no intention to push the deceased into such a position that he commit suicide. Hence, the prosecution failed to prove the guilt of the accused beyond reasonable doubt. Accordingly, accused is entitled for acquittal.
Heard both sides and perused the entire material available on record.
On perusing the entire evidence and hearing the learned Public Prosecutor, this Court is of the view that the trial Court correctly came to a conclusion that none of the ingredients of Section 306 IPC are present in the case on hand. This Court is of the view that the trial Court has considered the evidence in proper perspective and the reasoning given above while acquitting the accused is also in accordance with law. The Judgment of the trial Court does not suffer from any perverse findings and the acquittal recorded by the trial Court needs no interference by this Court. The criminal appeal fails and is liable to be dismissed.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 20.01.2014 pln