SHAIK DASTHAGIRI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973, is filed by the appellant/accused aggrieved by the judgment, dated 22.12.2010, rendered in S.C.No.179 of 2010 on the file of the Principal Sessions Judge, Karimnagar, whereby and whereunder, the appellant/accused was convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for one year for the offence punishable under Section 306 I.P.C.

(2.) Heard learned counsel for the appellant/accused and the learned Additional Public Prosecutor representing the respondent/State and perused the record.

(3.) Learned counsel for the appellant/accused would contend that all the prosecution witnesses turned hostile; that basing on the contents in Ex.P23 - Dying Declaration, recorded by PW.17 - Additional Judicial Magistrate of First Class, Karimnagar, without there being any clear utterance or intention on the part of the appellant/accused to abet the deceased to commit suicide, the trial Court convicted and sentenced the appellant/accused for the offence punishable under Section 306 I.P.C., which is untenable and unsustainable in law and ultimately, prayed to set aside the conviction and sentence recorded against the appellant/accused by the trial Court.