THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1210 of 2007 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 Syed Fida Hussain …..Respondent/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1210 of 2007 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 17.02.2005 passed in S.C.No.28 of 2000 by the Court of the Special Judge for trial of offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Prakasam District at Ongole, whereby the learned Judge acquitted the accused/accused for the offence under Sections 498-A IPC and 306 IPC or alternatively for the offence under Section 3(2)(v) of the SCs and STs (PoA) Act.
The case of the prosecution is as follows:
That the accused developed liking towards the deceased though he is a married man. The deceased and accused fell in love with each other and ultimately married in Kanaka Durga temple at Vijayawada in August, 1996. The accused as well as the deceased led the conjugal life as wife and husband. Ten days after the marriage, the accused kept the deceased in the house of P.W.1, mother of the deceased. He used to visit the house of P.W.1 very often during night time by consuming liquor and used to harass and assault the deceased for getting money to do hotel business. P.W.1 failed to comply the demand in arranging money, thereby the accused took the deceased to his house. He used to torture her now and then for bringing money. The deceased used to inform the harassment and ill- treatment meted out by her in the hands of the accused as and when she meets her mother, P.W.1. The deceased bore the ill-treatment with the fond hope that the accused would change his attitude. But, there is no change in the behavior of the accused and the deceased could not resist the onslaught of the accused and vexed on her life and decided to end her life. On 20.04.1997 at about 12.00 noon, the deceased has been to a well No.2 situated near Railway Quarters and fell into the pump well. Basing on the complaint lodged by P.W.1, a case was registered against the accused for the offence under Sections 498-A and 306 IPC and 3(2)(v) of the SCs and STs (PoA) Act and was investigated. After completion of the investigation, police filed charge sheet.
To prove the case of the prosecution, P.Ws.1 to 10 were examined and Exs.P.1 to P.7 were marked. No oral evidence was adduced on behalf of the accused, but marked Ex.D1.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused on the following grounds.
Except the evidence of the highly interested witnesses, P.Ws.1, 2 and 8, who are none other than the mother, sister and brother of the deceased, there is no other evidence on record to show that the accused married the deceased. Further, L.W.4 is very much present, but the prosecution did not examine him before the Court. P.Ws.3 and 4 turned hostile and have not supported the case of prosecution. The non-examination of material witness, L.W.11, the Sub Inspector, who conducted the investigation, is certainly fatal to the case of the prosecution. Hence, in the absence of any proof that the accused married the deceased, the allegation that the accused used to harass the deceased and thereby she has committed suicide cannot be believed and as such, the appellant/accused is acquitted of the charge for the offence under Section 498-A IPC.
Insofar as the offence under Section 306 IPC is concerned, no independent witness deposed before the Court that the accused instigated the deceased to commit suicide. To attract an offence under Section 306 IPC, there should be an inducement, which necessitated the deceased to commit suicide, having no other alternative. In the case on hand, the prosecution failed to prove any of the ingredients of ‘abetment of suicide, and as such, the appellant/accused is acquitted of the offence under Section 306 IPC.
Insofar as the offence under Section 3(2)(v) of the SCs and STs (PoA) Act is concerned, the investigation is conducted by L.W.11, who is the then Sub Inspector of Police. As per Rule 7 of the SCs and STs (PoA) Rules, the investigation shall be conducted by a police officer not below the rank of Deputy Superintendent of Police with integrity and experience as nominated by appropriate Government. In this case, the investigation conducted by the Sub Inspector of Police certainly violates Rule 7 of the SCs and STs (PoA) Rules, and as such, the trial is vitiated. Hence, the appellant/accused is acquitted of the charge under Section 3(2)(v) of the SCs and STs (PoA) Act.
Heard the learned Public Prosecutor and the learned counsel for the accused/respondent 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