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2002 Supreme(AP) 186

C.Y.SOMAYAJULU
V. Shankaraiah – Appellant
Versus
State OF A. P. , Hyderabad – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) A. 3 in P. R. C. No. 72 of 2001 on the file of the Court of Judicial First Class Magistrate (East and North), Ranga Reddy District, filed this petition to quash PRC registered against him and two others for an offence under Section 306 I. P. C.

( 2 ) THE case of the prosecution is that Kalyani (the deceased) felt humiliated and committed suicide because her marriage with A1 was cancelled after its settlement, so A-1 and his father A2 and paternal uncle (A-3, the petitioner) are liable for punishment under Section 306 IPC. , for the suicide of the deceased.

( 3 ) THE contention of the learned counsel for the petitioner is that since there is nothing on record to show that petitioner is responsible for the death of Kalyani (the deceased) or that petitioner had a role to play in the settlement of marriage between A. 1 and Kalyani, the question of petitioner abetting the suicide of Kalyani does not arise.

( 4 ) abatement in Section 306 IPC has to be understood with reference to its definition given in Section 107 I. P. C. While considering the scope of Section 107 IPC the Supreme Court in C. B. I. K VS. V. C. SHUKLA1, observed, in Para 50 at Page 1423 as fo




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