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2009 Supreme(AP) 591

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE B. CHANDRA KUMAR
D. Vijay Kumar -Appellant
Versus
State of A.P., rep. by P.P. -Respondent
Crl.R.C. Nos.1307 & 1351 of 2005
Decided on : 28-08-2009

Advocates:
Advocate Appeared
C. Padmanabha Reddy, Advocate.
Public Prosecutor.

Headnote:Indian Penal Code, 1860-Sections 107, 306 and 506-Abetment of suicide-Dying declarations-Deceased was harassed by sexual advantage extended by her Advocate colleagues-Mental condition of deceased prior to her committing suicide will be an important factor-Rejection of discharge petition-Concept of giving benefit of doubt does not arise at this stage-When a woman is continuously harassed, threatened or put to mental agony and consequently she committed suicide, all statements made by such woman related to cause of her death or circumstances of transaction which resulted in her death are admissible u/s 32(1) of Indian Evidence Act-Revision case dismissed. (Paras 25, 38 and 39)

       

Judgment :-

Since both these Revisions in Crl.R.C.No.1307 of 2005 and Crl.R.C. No.1351 of 2005 are directed against the orders both dated 19.07.2005 in Crl.M.P.Nos.116 and 115 of 2005 respectively and arise out of the same S.C.No.690 of 2004 on the file of the V Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad, they are being disposed of by this common order.


2. The petitioner in Crl.R.C.No.1307 of 2005 is A-1 and the petitioner in Crl.R.C.No.1351 of 2005 is A-3. The petitioners will be referred as A1 and A3 hereinafter. A1 and A3 filed petitions in Crl.M.P. Nos.116 and 115 of 2005, under Section 227 Cr.P.C praying to discharge them for the offences punishable under Sections 306 and 506 IPC respectively. The learned V Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad, by separate orders dated 19.07.2005 in S.C. No.690 of 2004 dismissed those petitions. Aggrieved by the same, they have preferred these revisions.


3. The brief facts of the case are as follows:


The deceased Smt. Sangeetha Sharma, aged about 33 years, was a practising Advocate in A.P. High Court, Hyderabad. She was married to one Pramod Kumar Sharma of Akola (Maharashtra) in the year 1982 and was blessed with a son Nitesh Sharma, who was aged about 14 years by the date of the unfortunate incident. It appears that differences arose between the deceased and her husband and she had obtained divorce from her husband through the Family Court, Secunderabad in the year 1988 and she was staying with her parents along with her son. The father of the deceased by name Bhiharilal Sharma is working as General Manager in Alluminium India, Secunderabad. His son Sunil is doing business at Bangalore. Master Nitesh Sharma was studying 10th class during relevant period. The deceased, after completion of LLM Course, started practise as junior Advocate initially in the office of Sri Challa Kodandaram. Subsequently she joined the office of A-1. A-2 and A-3 were also working as juniors under A-1. The deceased worked as junior Advocate in the office of A-1 from 23-06-1999 to 22-12-1999. The deceased was also owning a flat bearing No.304, Gandham Plaza Apartments, Chinna Thokatta, New Bowenapally, Secunderabad.


4. It is alleged that though A-1 treated the deceased well initially, later on he started making sexual advances towards her and proposed to her to be his mistress and to develop sexual relationship with him. It is also alleged that he had promised her to secure the post of Assistant Government Pleader by virtue of his prospective elevation to the post of Judge of High Court of Andhra Pradesh. He had also asked the deceased to provide her flat to him for organizing weekend parties and other immoral activities. He had also demanded her to give money on one occasion. It is further alleged that A-3 also pressurised her to accept the proposal of A1. It is further alleged that A-1 threatened the deceased not to disclose his attempts to anybody, otherwise he would kidnap her and her son. It is also alleged that on 24-12-1999, A-3 threatened the deceased over telephone to accept the proposal of A-1 failing which they would kidnap her and her son or cause harm to her parents. He had also wanted her not to take any action against them. The further case of the prosecution is that the deceased informed about the harassment of the accused to her parents and her brother and her family friends P. Vijaya Kumar (LW-25), P. A. Kamaleswari, Advocate (LW-8), T. Suresh Babu (LW-12), Hon'ble Sri Justice S. Parvatha Rao (LW-14), A. Venkata Sai Prasad (LW-15) and Gomaram Bitchapathi Reddy, Lecturer, Law College, (LW-16). When Smt. P.A. Kamaleswari took the deceased to Smt. Kalpana Kannabiran (LW-9), Sri K.G. Kannabiran (LW-10) and Smt. Vasantha Kannabiran (LW-11), Smt. Kalpana Kannabiran and Smt. Vasante Kannabiran, who were the President and Advisor of ASMITHA (Resource Centre for Women), advised the deceased to give a written complaint. Then a written representation was se


































































































































































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