THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.348 of 2008 04-12-2014 BETWEEN:
The State of A.P., rep. by Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh …..Appellant AND Rathlavath Ramulu And others.
…..Respondents/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.348 of 2008 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 18.05.2005 passed in S.C.No.230 of 2004 by the Court of the Assistant Sessions Judge at Nagarkurnool, whereby the learned Judge acquitted the accused for the offence under Section 306 IPC read with Section 34 IPC.
The case of the prosecution is as follows:
That on 28.09.2003, all the accused i.e., A.1 to A.7 came to the house of the complainant and picked up quarrel with the mother of the complainant, i.e., the deceased with the allegation that the complainant and his family members had done sorcery, upon which, their sheeps died. During the said quarrel, the mother of the complainant abused them. Among them, A.1 and A.2 pushed the mother of the complainant and the remaining accused beat the mother- in-law of the complainant and the said incident witnessed by the complainant and P.W.6. Again on 29.09.2003, the said accused ladies beat the complainant and his mother-in-law with hands. Then at that time, their mother-in-law consumed pesticide poison. So, all the family members of the complainant shifted her to the Government Hospital, but the deceased died in the hospital while she was undergoing treatment. Basing on the complaint lodged by P.W.1, a case was registered against the accused for the offence under Section 306 IPC and was investigated. After completion of the investigation, police filed charge sheet.
To prove the case of the prosecution, P.Ws.1 to 16 were examined and Exs.P.1 to P.11 were marked. No oral evidence was adduced on behalf of the accused, but marked Exs.D1 and D.2.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused on the following grounds.
None of the independent witnesses supported the case of the prosecution even though it is alleged by the witnesses that the occurrences took place on 28.09.2003 and 29.09.2003 in front of the house of the deceased. The evidence of P.Ws.3 and 6 are concerned, it is not trustworthy since their evidence is self-contradictory and contradict with each other regarding the manner in which the deceased was shifted to the hospital. Further, the learned trial Judge was of the view that even admitting the entire evidence of the prosecution to be true, the act of the accused itself cannot be a ground for committing the suicide. The learned trial Judge further observed that to attract an offence under Section 306 IPC, there should be convincing reason that only because of the inducement by the accused, the deceased should have committed suicide. The prosecution failed to prove the said fact, and as such, the accused are entitled for acquittal of the offence under Section 306 IPC read with Section 34 IPC.
Heard and perused the material available on record.
On perusing the evidence available on record and the Judgment of the Court below, this Court is of the view that the trial Court has appreciated the evidence in proper perspective and the reasoning given while acquitting the accused is 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 is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 04.12.2014 pln