State Of Telangana vs Mada Laxmi Devamma And Another

The State filed the present appeal challenging the acquittal of the respondents 1 and 2 who are A1 and A2 in the case. They were charged for the offence punishable under Section 306 r/w 34 of IPC and after trial, the learned I Additional Assistant Sessions Judge (FTC) At Mahabubnagar, found the respondents not guilty for the offences alleged.

Briefly, the case of the prosecution is that P.W.1, who is the son of the deceased filed compliant on 24.03.2017 stating that his deceased father has lent an amount of Rs.40,000/- to the respondents on 01.08.2016 and they failed to return the said amount. Promissory note Ex.P2 was also executed by the respondents. Respondents were confronted by the deceased regarding the outstanding, the respondents, without repaying had in fact beat the deceased and threatened him of implicating in false cases. For the said reason, the deceased was unable to bear the insult of being beaten by the respondents, who are women, committed suicide.

Learned Assistant Public Prosecutor supporting his contention, argued that it is the specific case of the prosecution that the respondents had beaten the deceased and threatened him to involve him in false cases and that for the reason of insulting him and threatening, the deceased committed suicide. Such acts amount to abetment and punishable under section 306 IPC.

As seen from the record, learned Assistant Sessions Judge had recorded acquittal on the grounds; i) none of the witnesses i.e., P.Ws.1 to 4 are eye witnesses to the alleged assault by these respondents; ii) though Ex.P2 promissory note is filed, the same is not proved for the reason of the finding respondents signature on EXP2, however, in the court record, it was found that they were in the habit of putting thumb impressions and specifically denied by Respondents; iii) no case is made out in the facts and circumstances to prove the case of abetment under Section 306 of IPC.

As seen from the evidence of witnesses, P.W.1 who is the complainant states that on the basis of information given by P.W.6 about the respondents beating his father, compliant was lodged. When examined, P.W.6 also did not state that he has witnessed any kind of assault by the respondents, but he came to know about such assault. The other witnesses who are P.Ws.2, 3 and 4 also state that they are not eye witnesses to any alleged assault or threats by these respondents.

P.Ws.1 and 6 are sons of the deceased and their evidence is one of ‘hearsay’ in nature. Admittedly, they stated before the Court that they came to know about the alleged assault and they have not witnessed the said incident directly. In the said facts and circumstances, when none of the witnesses in the entire case are direct witnesses to the alleged assault or the threats or insult by the respondents, it cannot be said beyond reasonable doubt that the respondents had in any way indulged in the acts of assault or threats as alleged by the prosecution. The entire evidence is ‘hearsay’ in nature and cannot be relied upon to base conviction.

The promissory note-Ex.P2, which is brought on record to prove that the respondents were due an amount, would not in any manner substantiate the allegation against these respondents that they had abetted the deceased in any manner to commit suicide.

In Pawan Kumar vs. State of Himachal Pradesh 2017 (2) ALD (Crl.)231 (SC), the Hon’ble Supreme Court held that there cannot be any straight jacket formula to find out whether in a particular case, there has been an instigation forcing a person to commit suicide. The inference which has to be drawn should be determinative in character and they should, in fact create a situation that a person had felt totally frustrated and consequently committed suicide.

In the present facts and circumstances of the case, except bringing on record the promissory note-Ex.P2 that some amount was due by the respondents to the deceased there is nothing on record to draw any inference of abetment to commit suicide. Non-payment of dues will not by any stretch of imagination amount to abetment of suicide, in the absence of any direct evidence to substantiate the case of the prosecution.

In the facts and circumstances, when the finding of the trial Court is convincing and further when the said is legal and convincing, the appeal filed by the State fails and accordingly the same is dismissed.

As a sequel thereto, miscellaneous petitions, if any, pending, shall stand closed.