Telangana High Court
The State Of A.P., vs Challoju Bhagya Laxmi on 14 November, 2022
Bench: K.Surender
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1150 OF 2009
JUDGMENT:
This Criminal Appeal is filed by the State aggrieved by the
acquittal recorded by the Assistant Sessions Judge, Karimnagar,
in S.C.No.424 of 2005 dt.06.01.2006, acquitting the accused for
the offences punishable under Sections 498-A, 306 of the Indian
Penal Code.
2. Heard and perused the record.
3. Briefly, the allegations against the respondents/accused are
that the deceased married Accused No.4 which was an inter-caste
marriage. Thereafter, they started staying at Karimnagar. When
the parents of the deceased PWs.1 and 2 went to the house of
their daughter-deceased, they saw that they were living happily.
However, it was noticed by PW1 that respondents were harassing
his daughter, for the reason of Accused No.4 being blind and not
able to look after the deceased. She was asked to go to her house
and since Accused No.4 went away 10 days prior to the incident,
the deceased consumed poison.
4. On the basis of the complaint, the Police filed charge sheet
for the said offences under Sections 498-A, 306 of the Indian
Penal code. Though charges were framed accordingly and after
examination of PWs.1 to 11 and Exs.P1 to P12, the learned
Sessions Judge found that the respondents were not guilty of the
offences alleged for the following reasons;
a) Except the bald allegation of PW1 and PW2 that she was
subjected to harassment, there is no other evidence.
b) The question of demanding additional dowry would not
arise since the marriage of deceased and Accused No.4 was
love marriage.
c) In Ex.P7-Dying Declaration, the deceased did not state
anything about the accused harassing her.
5. On the other hand, learned Additional Public Prosecutor
would submit that the extract of the Dying Declaration would go
to show that she was harassed, as such, the acquittal has to be
reversed.
6. The relevant para of the Dying Declaration reads as follows;
"My marriage had been performed about 2 months back. The parents' of
my husband asked me to go my parents' house as my husband is a
blind man and he could not maintain me. I stated that I would maintain
my husband by doing coolie work and demanded my in-laws to give the
share of my husband in the properties and in their presence my
husband's brother Hari Krishna beat my husband. Week days there
after my in-laws and my brother-in-law confined my husband
somewhere and my husband is missing for the last 10 days. I
questioned my in-laws and brother-in-law and they stated that they do
not know the where-abouts of my husband and on the other hand they
demanded me stay where I kept my husband. I reported the matter to
the S.P. over phone, but the phone was dis-connected as wrong number.
My in-laws and brother-in-law used to harass me and due to their
harassment I consumed poison."
7. In the Dying Declaration, the deceased stated that her
husband Accused No.4 left the house on account of his brother
beating him. When questioned regarding her husband, they asked
the deceased to stay where she kept her husband. When she tried
to call Superintendent of Police, over phone, the phone was
disconnected as 'wrong number'. There was an allegation stating
that the in-laws and brother-in-law of the deceased used to harass
her.
8. There are no instances which are narrated except stating
that her husband was ill-treated by other accused, there is
nothing in the Dying Declaration to infer any acts which amounts
to abetting the commission of suicide by the deceased.
9. In order to attract the offence under Section 306 of the
Indian Penal Code, it has to be proved that there was instigation
by the accused to commit suicide. The said instigation can be
gathered by any events or instances that are narrated by the
witnesses.
10. Admittedly, the parents of the deceased PWs.1 and 2, on the
basis of suspicion, after the death of the deceased state that she
was harassed. In the entire Dying Declaration, except stating that
she was harassed and the reasons given are regarding Accused
no.4, who is the husband of the deceased not being looked after
by other accused.
11. In Jafarudheen and others v. State of Kerala1 and Rajesh
Prasad v. State of Bihar and another2, the Hon'ble Supreme
1 (2022) 8 SCC 440
2 (2022) 3 SCC 471
Court held that in case of acquittal, presumption is in favour of
the accused. Unless there are glaring mistakes or any erroneous
view of law is taken, the appellate Courts cannot interfere with the
judgment of acquittal. The Hon'ble Supreme Court further held
that it has to be shown that there was miscarriage of justice and
while dealing with the evidence, the Court committed an error and
improperly considered and adjudicated the case.
12. In view of the aforesaid facts and circumstances, there are
no grounds in the appeal.
13. Accordingly, the Criminal Appeal is dismissed.
Miscellaneous applications, if any, pending shall stand
dismissed.
__________________
K.SURENDER, J
Dt.:14.11.2022
tk
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No. 1150 OF 2009
Dt. 14.11.2022
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