G.VENKANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS revision is preferred against judgment dated 06 -07 -2006 in S.C.No.349/2005 on the file of Assistant Sessions Judge, Mahabubnagar whereunder respondents 1 to 3 herein are acquitted of the charge under Section 306 IPC.

(2.) BRIEF facts leading to filing of this revision are as follows: - Sub -Inspector of Police, Mahabubnagar filed charge sheet against respondents 1 to 3 herein alleging that marriage between A1 and deceased was held about four years prior to the complaint and both of them were quarrelling frequently and panchyats were also held before their caste elders. On 06 -12 -2004, there was a quarrel between wife and husband and hey went to Thirumalaiah Yadav, a caste elder, who promised to conduct a panchyat on the next day, but husband of A1 poured kerosene and set ablaze himself, who was shifted to Government Hospital, Mahabubnagar and died on 07 -12 -2004 at 7:45 A.M., while undergoing treatment. Police initially registered crime under Section 174 Cr.P.C and thereafter during investigation, altered the section of law into 306 IPC and their investigation revealed that respondents 1 to

(3.) ADVOCATE for revision petitioner contended that the trial Court has not considered the dying declaration of the deceased, therefore, it is a fit case to remit back the matter to the trial Court for considering the dying declaration of the deceased. On the other hand, Advocate for respondents 1 to 3 submitted that there is no evidence to support the allegation of abetment to commit the suicide and in the dying declaration also, no specific details of harassment are given nor the nature of harassment and the trial Court considered this aspect also. He further submitted that for a case under Section 306 IPC, the requirement that has to be seen is what act that made the accused to commit suicide, which shall be immediate preceding the suicide. He submitted that as there is no evidence, the trial Court rightly acquitted the respondents 1 to 3 and that there are no grounds even to remand the matter.