TIRUPATHI POCHAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellants/A1 to A6 are convicted for the offence under Sec. 306 of IPC and sentenced to undergo ten years rigorous imprisonment each vide judgment in S.C.No.316 of 2008, dtd. 9/9/2009 passed by the Assistant Sessions Judge, Siddipet. Aggrieved by the same, present appeal is filed.

(2.) The case of the prosecution is that the deceased is the husband of P.W.1. She stated that her husband committed suicide by consuming pesticide. The reason for committing suicide was that her deceased husband went to the water tank and when there was no water and the motor starter was locked, he abused the persons who had locked it. Two women Kundala Yadavva and Vemula Laxmi heard the deceased abusing and they in turn informed all the appellants who are caste elders. They conducted panchayat in the village and imposed fine of Rs.2,200.00 on the deceased. Though, the amount was paid after six days, the appellants abused and harassed the deceased continuously for which reason he committed suicide. P.W.2 is the mother of the deceased who stated that village elders imposed fine of Rs.30,000.00 and stated that the appellants were responsible for the death of his son. P.W.3 the brother, P.W.4 another brother also stated that the deceased was fined for abusing the persons who had locked the water tank and the motor switch.

(3.) Learned counsel for the appellants submits that the incident is one of imposing a fine by the village elders for the reason of abusive conduct of the deceased. The said act of imposing a fine will not amount to abetting suicide as mentioned in Sec. 306 of IPC. In support of his contentions, he relied on the judgment in the case of; i) Kanchan Sharma v. State of Uttar Pradesh,2021 SCC OnLine SC 737. wherein the Hon'ble Supreme Court held as follows: