JANGAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Appellant (A-2) and another (A-1) and the daughter of the appellant (A-3) were charge sheeted for an offence under Section 306 IPC for abetting Kumari Alivelu (the deceased) daughter of P.W. 5 and sister of P.W. 6 to commit suicide. Since the daughter of the appellant is a juvenile the case against her was separated.

(2.) The case of the prosecution is, inasmuch as A-1 promised to marry her, the deceased developed illicit intimacy with him but he later refused to marry her. Imputing unchastity to the deceased the appellant used to abuse her in filthy language in public. For that reason and as A-1 refused to marry her, the deceased committed suicide and so a charge under Section 306 IPC was framed against the appellant and A-1. They denied the offence.

(3.) In support of its case, the prosecution examined nine witnesses as P.Ws. 1 to 9 and marked Exs. P-1 to P-12 and M.Os. 1 to 3. The trial Court acquitted the appellant and A-1 of the offence under Section 306 IPC, but in view of the Ex. P-7 statement made by the deceased recorded by P.W. 7, and Ex. P-10 dying declaration recorded by P.W. 9, convicted the appellant under Section 506 IPC and sentenced him to rigorous imprisonment for three months and fine of Rs. 1,000/-, in default, simple imprisonment for one month. Hence this appeal.