JUDGMENT :

Banumathi, J.

1. Leave granted.

2. This appeal arises out of judgment of the High Court of Judicature at Madras in Criminal Appeal No.375 of 2007 dated 7th September, 2015 in and by which the High Court affirmed the conviction of the appellant-accused under Section 306 I.P.C. and reduced the sentence of imprisonment of the appellant from three years to three months.

3. Case of the prosecution is that on 2nd December, 2001, the appellant-accused advanced a sum of Rs.80,000/- by way of debt to the deceased, by name – Rajagopal, and to that effect he obtained a promissory note. On 7th December, 2002, the appellant-accused demanded Rs.50,000/- towards the interest and another Rs.50,000/- towards principal amount. On 21st June, 2003, in the presence of some witnesses, the deceased stated that he would discharge the entire loan amount; but he was not able to keep up his promise. Due to the alleged torture by the appellant-accused, on 21st June, 2003 at about 11:50 p.m. the deceased committed suicide. The deceased is said to have left suicide note (M.O.1) stating that he is unable to repay the loan and taking the extreme step.

4. Upon consideration of oral evidence and suicide note