The State Of A.P. vs Pallegorla Yadagiri Yadaiah And 2 ...
2022 Latest Caselaw 4847 Tel

            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

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-

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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.886 OF 2009

Dated: 22.09.2022

tk