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2026 Supreme(SC) 172

SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ.
Gudipalli Siddhartha Reddy – Appellant
Versus
State C.B.I. – Respondent
Criminal Appeal No. 457 of 2012 With Criminal Appeal Nos. 894-895 of 2012
Decided On : 17-02-2026

Advocates appeared:
For the Appellant(s) : Mr. M Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, AOR Mr. Sanjay Singh, Adv. Mr. Tarun, Adv. Mr. G. N. Reddy, AOR Mr. P Venkat Reddy, Adv. Mr. P Srinivas Reddy, Adv. Mr. Sunni Muneer Basha, Adv.
For the Respondent(s): Mr. Arvind Kumar Sharma, AOR Mr. Vikramjit Banerjee, A.S.G. Mr. Nachiketa Joshi, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Sachin Sharma, Adv. Mr. Amit Sharma-b, Adv. Mr. Digvijay Dham, Adv. Mr. G. N. Reddy, AOR Mr. Prasanth Kumar Tyagi, Adv. Mr. Shreyas Kaushal, Adv.

IMPORTANT POINTS
(1) Abetment of suicide and attempt to commit suicide – If accused gave incorrect or false answers during course of his statement under Section 313 CrPC, court can draw adverse inference against him.
(2) Abetment of suicide – Suicide pact involves mutual encouragement and reciprocal commitment to die together – Survivor’s presence and participation acts as a direct catalyst for deceased’s actions.
(3) Administration of Justice – Justice is not served by following majority sentiment or public pressure – Justice is served by truth, established through evidence and impartial investigation.

Headnote:

(A) Indian Penal Code, 1860 – Sections 306 and 309 read with Section 107 – Indian Evidence Act, 1872 – Section 106 – Abetment of suicide and attempt to commit suicide – Conviction and sentence – Deceased lady was in love with accused – Allegation of homicidal death by manual strangulation is wholly unsustainable – Deceased was able to speak and exhibit motor activity demonstrates beyond doubt that strangulation was not the cause of death – Wealth of ocular and medical evidence points to poisoning – Three-member Expert Committee and AIIMS committee after careful examination of all relevant facts have concluded that it was a case of poisoning and not strangulation – Convergence of multiple independent expert opinions lends overwhelming credibility to conclusion that deceased died of poisoning – In light of deceased’s own statement, hospital records, forensic reports and expert opinions, allegations of rape or murder are devoid of legal or factual foundation – Since deceased is no more, it was for Appellant-Accused to explain circumstances in which poison was purchased and consumed – If accused gave incorrect or false answers during course of his statement under Section 313 CrPC, court can draw adverse inference against him – In present case, accused has not only failed to explain his conduct, in the manner in which every person of normal prudence would be expected to explain but had even given incorrect and false answers – Accused’s conduct in entering into and acting upon suicide pact falls squarely within all three situations envisaged in Section 107 of IPC – His participation directly facilitated deceased’s suicide – Appeals dismissed. (Paras 79, 83, 88, 98, 110, 119 and 120)

(B) Indian Penal Code, 1860 – Sections 107 and 306 – Abetment of suicide – Suicide pact involves mutual encouragement and reciprocal commitment to die together – Survivor’s presence and participation acts as a direct catalyst for deceased’s actions – Abetting as defined under Section 107 IPC is not limited to physical act of supplying means to commit suicide – Accordingly, any psychological assurance or instigation, as long as same is intentional and directly related to commission of offence, also constitutes abetment – It is reciprocal commitment of each party to commit suicide which provides necessary impetus/support to other to go through with the act – In a suicide pact, it is implicit that each participant knows intent of other to commit the act knowing that their withdrawal from the pact will likely deter other – Each party’s resolve to commit the act is reinforced and strengthened due to participation of other party – Suicide in a suicide pact is conditional upon mutual participation of other – If not for active participation of both parties, act would not occur – Law treats such conduct as abetment because State has a fundamental interest in preserving life – Any assistance in ending life is treated as a crime against State. (Paras 117 and 118)

(C) Criminal Law – Medical evidence – Impact of a Doctor issuing an erroneous postmortem report and publicising it through media goes far beyond individual misconduct – It spreads misinformation, erodes trust in investigative agencies and institutions such as police and judiciary, prejudices public opinion, traumatises victim’s family, and undermines rule of law – Such misconduct does not merely harm one case; it corrodes public trust in medicine, law, and governance, destabilising peace and harmony in society – It also violates sub-judice rule, which restricts commentary on matters under judicial consideration to preserve fairness and integrity. (Para 104)

(D) Administration of Justice – Justice is not served by following majority sentiment or public pressure – Justice is served by truth, established through evidence and impartial investigation – While public outrage is understandable in high-profile cases, it should never dictate course of inquiry – Investigations require careful collection of evidence, impartial analysis, and conclusions grounded in fact – Allowing public sentiment to shape outcomes risks miscarriages of justice – A society committed to fairness must recognise that investigators and courts serve truth, not popularity – Their independence is not a luxury but foundation of justice itself. (Para 106)

Facts of the case:

Criminal Appeal and Criminal Revision were filed against judgment dated 23rd February 2004 in Sessions Case No.88 of 2003, whereby Appellant-Accused was convicted for offences punishable under Sections 306 and 309 of Indian Penal Code, 1860 and sentenced to rigorous imprisonment for five years and fined Rs. 5,000/- under Section 306 IPC and one-year simple imprisonment and fined Rs. 1,000/- under Section 309 IPC. By way of Impugned Judgment, High Court reduced sentence for offence punishable under Section 306 IPC to two years but increased fine to Rs. 50,000/-.

Findings of Court:

Present Appeals being bereft of merits are dismissed, but with no order as to costs. Appellant is directed to surrender within four weeks.

Result : Appeals dismissed.

Judgement Key Points

केस का सारांश

यह सुप्रीम कोर्ट का निर्णय है जिसमें गुदिपल्ली सिद्धार्थ रेड्डी (आरोपी) को आईपीसी की धारा 306 (आत्महत्या के लिए उकसाना) और 309 (आत्महत्या का प्रयास) के अपराधों का दोषी ठहराया गया। हाईकोर्ट ने सजा को संशोधित किया था। (!) (!) [1][2]

मृतका प्रत्युषा एक अभिनेत्री थी और आरोपी इंजीनियरिंग छात्र। दोनों के बीच लगभग 10 वर्ष पुराना प्रेम संबंध था और विवाह की इच्छा थी, लेकिन आरोपी के माता-पिता विरोधी थे। 23 फरवरी 2002 को आरोपी ने मृतका को अपने माता-पिता के आत्महत्या के खतरे की सूचना दी। दोनों ब्यूटी पार्लर से रोते हुए आरोपी के कार में चले गए और अस्पताल पहुंचे जहां उन्होंने जहर (ऑर्गेनोफॉस्फेट युक्त नुवाक्रॉन) ग्रहण किया बताया। मृतका की मृत्यु हो गई, आरोपी बच गया। (!) [3][4][5][6]

पोस्टमार्टम में डॉ. बी. मुनि स्वामी ने मैनुअल स्ट्रैंगुलेशन (गले दबाने से मृत्यु) का मत दिया, लेकिन एपी एफएसएल रिपोर्ट में ऑर्गेनोफॉस्फेट जहर पाया गया। डॉ. मुनि स्वामी ने मीडिया को गैंगरेप का बयान दिया जो गलत साबित हुआ। (!) (!) (!) (!) (!)

तीन सदस्यीय विशेषज्ञ समिति और एआईआईएमएस समिति ने चोटों को चिकित्सा उपचार से जोड़ा तथा जहर से मृत्यु की पुष्टि की। कोई स्ट्रैंगुलेशन या यौन हमले का प्रमाण नहीं। डीएनए में पुरुष डीएनए मिला लेकिन आरोपी या संदिग्धों से मेल नहीं खाया। (!) (!) (!) (!) (!) (!)

सीबीआई जांच में आरोपी ने नुवाक्रॉन (पीडब्ल्यू-34 से), चाकू, चॉकलेट खरीदी साबित हुई। दोनों ने संयुक्त आत्महत्या की योजना बनाई। मृतका ने डॉक्टर को जहर ग्रहण बताया। (!) (!) (!) (!)

कोर्ट ने स्ट्रैंगुलेशन/रेप नकारा, जहर से मृत्यु मानी। आरोपी ने जहर खरीदकर सहायता की, संयुक्त पैक्ट में भाग लिया। धारा 107 आईपीसी के तहत उकसाव/सहायता सिद्ध। आरोपी का 313 सीआरपीसी बयान झूठा। प्रतिकूल अनुमान। (!) (!) (!) (!) (!) (!) (!) (!)

अपीलें खारिज, आरोपी को 4 सप्ताह में समर्पण करने का आदेश। (!)


Legal Category Hierarchy

  • crime and sentencing
    • offences against the person
      • abetment of suicide (Para 1, 113, 117, 119)
      • attempted suicide (Para 1, 2, 34)
  • practice and procedure
    • evidentiary standards
      • expert witness and forensic reports (Para 13, 21, 87, 98, 100)
      • burden of proof (Para 110)

Table of Contents

1. Appeal against conviction under Sections 306 and 309 IPC for abetment of suicide and attempted suicide following the death of a partner by organophosphate poisoning. (Para 1 , 2 , 6 , 34 )

2. Disputed contentions on whether the suicide resulted from intentional abetment or a joint suicide pact, versus allegations of homicidal strangulation and rape by the accused. (Para 37 , 46 , 53 , 58 , 60 , 68 )

3. Medical and forensic evidence, including hospital records and FSL reports, conclusively establish death by organophosphate poisoning and rule out homicidal strangulation and sexual assault. (Para 79 , 80 , 81 , 82 , 87 , 89 , 93 , 102 )

4. Participation in a mutual suicide pact, including the procurement of means, constitutes intentional aiding of suicide under Section 107 of the IPC, rendering the survivor culpable. (Para 113 , 117 , 118 , 119 )

5. Court dismissed the appeals, upholding the conviction for abetment (Section 306 IPC) and attempt to commit suicide (Section 309 IPC), and directed the accused to surrender. (Para 120 )

6. Can an accused be convicted for abetment of suicide if the suicide occurred in the context of a mutual suicide pact?

Yes, participation in a suicide pact through mutual encouragement and active assistance, such as purchasing the poison, constitutes intentional aiding under Section 107 IPC, rendering the surviving participant culpable under Section 306 IPC. (Para 117 , 118 , 119 )

7. Does the failure of an accused to provide an explanation under Section 313 CrPC allow the court to draw an adverse inference?

Yes, if an accused provides false answers or fails to explain incriminating incriminating circumstances within their special knowledge, the court may draw an adverse inference that tilts the case against the accused. (Para 110 )

8. What is the evidentiary value of an unprofessional or erroneous postmortem report later contradicted by expert committees?

An erroneous and unprofessional postmortem report, especially when contradicted by subsequent expert committee findings and authoritative forensic reports, lacks reliability and should be disregarded in favour of evidence-based forensic conclusions. (Para 98 , 99 , 100 , 101 )

JUDGMENT

MANMOHAN, J.

1. The present appeals have been filed challenging the common judgment and order dated 28th December 2011 passed by the High Court of Andhra Pradesh in Criminal Appeal No. 405 of 2004 and Criminal Revision Case No. 2055 of 2004, whereby the criminal appeal filed by the Appellant-Accused and the criminal revision filed by the mother of the deceased were dismissed. By way of the Impugned Judgment, the High Court reduced the sentence for offence punishable under Section 306 IPC to two years but increased the fine to Rs. 50,000/.

2. It is pertinent to mention that the Criminal Appeal and Criminal Revision were filed against the judgment dated 23rd February 2004 in Sessions Case No.88 of 2003, whereby the Appellant-Accused was convicted for offences punishable under Sections 306 and 309 of INDIAN PENAL CODE , 1860 (“IPC”) and sentenced to rigorous imprisonment for five years and fined Rs. 5,000/- under Section 306 IPC and one year simple imprisonment and fined Rs. 1,000/- under Section 309 IPC.

FACTS

3. The deceased Ms. Pratyusha was an actress, who had acted as a heroine in a number of feature films in South India. The Appellant-Accused was an engineering student. They had known each other close to a decade and wanted to marry each other. Smt. Sarojini Devi (PW-1), mother of the deceased and Appellant in Criminal Appeal Nos.894-895 of 2012 was initially opposed to the marriage but had subsequently agreed to it. However, the parents of the Appellant-Accused were opposed to the marriage and the mother of the Appellant-Accused had even threatened to commit suicide in the event the Appellant-Accused married the deceased.

4. In the morning of 23rd February 2002, the Appellant-Accused informed the deceased of the threat of suicide extended by his mother. At around 5:00 PM, the deceased along with her cousin Ms. Prafulla Sri (PW-2) went to a beauty parlour as the deceased had been engaged for a Kannada feature film and had planned to leave for Bangalore on the morning of 24th February 2002.

5. At the parlour, the deceased asked Ms. Prafulla Sri (PW-2) to call the Appellant-Accused to the parlour. Upon his arrival, PW-2 talked to the Appellant- Accused for a while and when the deceased came out of the parlour, the Appellant-Accused and the deceased started crying and left together in the car of the former.

6. Both the deceased and the Appellant-Accused were thereafter seen together at CARE Hospital, Banjara Hills, Hyderabad (‘CARE Hospital) at around 7:30 or 8:00 PM. Both of them had consumed poison and were admitted in the said hospital. The deceased could not survive and passed away the next day, i.e., 24th February 2002. The Appellant-Accused, however, survived and was discharged from the hospital on 09th March 2002.

7. Upon a complaint made by Sarojini Devi (PW-1), FIR No. 144 of 2002 dated 24th February 2002 was registered under Section 174 of the Code of Criminal Procedure (“CrPC”) at Panjagutta Police Station, Hyderabad.

8. On 25th February 2002 one Dr. B. Muni Swamy conducted the postmortem examination of the deceased. Even though one Dr. Krupal Singh was the doctor on duty at the mortuary, Dr. B. Muni Swamy, Professor, came to the mortuary on his own and conducted postmortem of the deceased. This is surprising as Dr.B.Muni Swamy was neither on duty at the mortuary nor on call duty as Professor. Further, Dr. Rajgopal Reddy, HOD, Department of Forensic Medicine informed the investigative agency subsequently that Dr. B. Muni Swamy did not intimate or seek permission for conducting the postmortem. The postmortem report dated 25th February 2002 is reproduced hereinbelow:-

“CR No. 144/2002

PME No. 435/2002

25.02.2002 at 12:10 pm

25.02.2002 at 12:15 pm

4347 of Punjagutta P.S

SCHEDULE OF OBSERVATIONS A-GENERAL

1

Name

Samala Prathuysha

2

Sex

Female

3

Approximate age (Assessed from the appearance of the body)

20 years

4

Height (Measure len

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