HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.20 of 2008
JUDGMENT:
1. The Petitioner is aggrieved by the concurrent finding of conviction under Sections 306 and 498-A of IPC vide judgment in S.C.No.530 of 2005 dated 23.03.2007 passed by the Assistant Sessions Judge, Asifabad which is confirmed by the judgment in Criminal Appeal No.40 of 2007, dated 18.12.2007 passed by the III Additional Sessions Judge (FTC), Asifabad.
2. The case of the prosecution is that the petitioner was married to the deceased No.1, ten years prior to the incident of her committing suicide on 14.11.2004. The crux of the allegation is that the petitioner used to harass his wife in a drunken condition and beat her on a daily basis. On 14.11.2004, the petitioner asked for money from his wife for betting In cock fights. On refusal, she was beaten with a chappal in front of his four year old child and others, for which reason, feeling insulted by the conduct of the petitioner, she went to well and drowned herself along with her four year old daughter.
2
3. Crime was registered initially for the offence under Sections 498-A, 306 and 302 of IPC. However, charge sheet was filed for the offence under Sections 498-A and 306 of IPC. The wife/deceased No.1 tied her daughter to her waist and jumped into the well, according to the investigation, unable to bear the continuous harassment of the petitioner.
4. Learned Assistant Sessions Judge found the petitioner guilty under both the counts of Section 306 and 498-A IPC and sentenced to undergo rigorous imprisonment for a period of two years and six months respectively. On appeal, learned Sessions Judge concurred with the findings of the Assistant Sessions Judge and confirmed the sentence.
5. As seen from the record, the petitioner was in the habit of drinking and in an intoxicated condition, beating his wife almost on a daily basis. On the day when the deceased committed suicide by tying her four years old daughter to her waist and drowned herself into the well, the petitioner had insulted her by beating her with chappal for not parting with the amount which was asked for betting purposes. 3
6. The circumstances of i) beating the deceased on daily basis; ii) not taking care of wife and child; iii) on the day of committing suicide beating her with chappal, cumulatively amounts to abetting or intentional aiding to commit suicide, since the conduct over a period of time culminated in the deceased committing suicide along with the daughter. Nothing has been placed on record to find fault with the deceased in any manner including her mental stability by way of cross- examination. Since this Court under revision can only interfere in the event of any illegality or impropriety in the finding of lower Courts is found. Normally, this Court cannot venture into re-appreciating the facts in Revisional jurisdiction. However, on facts also, the continued conduct of harassing his wife by beating her, resulted in the deceased committing suicide along with the child, unable to bear the torture over a period of time.
7. The argument on behalf of the accused that it is a case of beating on a given day and such quarrel or beating would not amount to abetting suicide, has no legs to stand. 4
8. Continuously harassing or beating the wife would amount to abetting to commit suicide. It is not the case of a solitary incident of beating. In the said circumstances, there are no grounds to interfere with the concurrent finding of guilt of the petitioner under Sections 306 and 498-A of IPC.
9. In the result, the Criminal Revision Case is dismissed. Since the accused is on bail, the court concerned shall cause the presence of the petitioner and send him to serve out the remaining period of imprisonment. Needless to say the period of imprisonment already undergone by the petitioner shall be given set off under Section 428 of Cr.P.C.
_________________ K.SURENDER, J Date: 18.01.2023 kvs 5 THE HON'BLE SRI JUSTICE K.SURENDER Criminal Revision Case No.20 of 2008 Dated: 18.01.2023 kvs