Telangana High Court
Morle Bheemaiah vs The State Of A.P. on 18 January, 2023
Bench: K.Surender
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.
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.
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.
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
THE HON'BLE SRI JUSTICE K.SURENDER
Criminal Revision Case No.20 of 2008
Dated: 18.01.2023
kvs
