HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.886 OF 2009
JUDGMENT:
1. This Criminal Appeal is filed by the State aggrieved by the acquittal recorded by the Assistant Sessions Judge at Nalgonda, in S.C.No.267 of 2006, dated 12.04.2007, acquitting the respondents/accused 1 to 3, for the offence punishable under Section 304-B of the Indian Penal Code.
2. Briefly, the case of the prosecution is that the 1st respondent was married to the deceased during the year 2004 and at the time of marriage a dowry of Rs.3,70,000/- including gold and other articles were given. Though, they lead life happily for some time, after the birth of a female child, the respondents started harassing the deceased for an additional dowry of Rs.2 lakhs. The deceased was sent out from the house. A 'panchayat' was held in the presence of the caste elders and the caste elders convinced the respondents to take back the deceased. The parents of the deceased agreed that the brother of the deceased would deposit Rs.2 lakhs in the name of the female child. However on 21.02.2006 the deceased was beaten by the 1st respondent for the reason of not cleaning the milk bottle and 2 unable to bear the continuous harassment, the deceased committed suicide.
3. The learned Sessions Judge having examined the witnesses i.e. PW1-brother of the deceased, PW2-father of the deceased, PWs.3 and 4-uncles of the deceased, PW5-caste elder, found that the respondents were not guilty of the offence under Section 304 B of the Indian Penal Code, for the following reasons;
a) The prosecution failed to establish that any 'Panchayat' was held 20 days, prior to the death of the deceased as claimed
b) Though Rs.2 lakhs was agreed to be deposited the elder who was examined as PW5, did not state anything about such 'panchayat'.
c) Though there is allegation that the deceased was beaten on the day she committed suicide, the Doctor did not find any antemortem injuries on the body of the deceased.
4. The learned Sessions Judge further found that the incidents such as fight for not cleaning the milk bottle are day- 3 to-day affairs in a family and cannot be said that the said incident amounts to abetment of suicide.
5. The evidence on record would go to show that though the witnesses stated that 'panchayat' was held, however, no such evidence is forthcoming regarding the agreement to deposit an amount of Rs.2 lakhs in the name of the female child. Apart from the said allegation of demand of Rs.2 lakhs, there is no specific allegation of any harassment meted out by the respondents herein. As found by the learned Sessions Judge an altercation regarding the cleaning of milk bottle will not amount to abetment.
6. Under Section 107 of the Indian Penal Code, abetment is a course of continuous conduct or action which is deliberately done. Even according to the evidence of PWs.1 to 3, there is no such intentional aiding or facilitating the deceased to commit suicide.
7. In the said circumstances, the findings of the trial Court are reasonable and based on the evidence and such conclusions drawn cannot be interfered with, in an appeal against acquittal. 4
8. For the aforesaid reasons, the appeal filed by the State fails and accordingly, the Criminal Appeal is dismissed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 22.09.2022 tk 5 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.886 OF 2009 Dated: 22.09.2022 tk