The main legal point established in the judgment is that evidence of physical violence and cruelty against the deceased, coupled with the presumption under Section 113-A of the Indian Evidence Act, proved the offence of abetment of suicide under Section 306 IPC.

JUDGMENT :

Challenge in this Criminal Appeal is to the judgment, dated 24.07.2009, in Sessions Case No.413 of 2008, on the file of the Court of XI Additional District and Sessions Judge (Fast Track Court) Guntur at Tenali (for short, ‘the learned Additional Sessions Judge’), where under the learned Additional Sessions Judge found the appellant/accused No.1 (A-1) guilty of the alternative charge under Section 306 of the Indian Penal Code, 1860 (for short, ‘the IPC’), convicted him under Section 235(2) of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’) and, after questioning him about the quantum of sentence, sentenced him to suffer Rigorous Imprisonment for seven (7) years and to pay a fine of Rs.2,000/- in default to suffer Simple Imprisonment for two months. However, the learned Additional Sessions Judge found accused Nos.1 to 3 not guilty of the charge under Section 304-B IPC and accused Nos.2 and 3 not guilty of the charge under Section 306 IPC as such acquitted them under section 235(1) Cr.P.C.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

3. The Sessions Case No.413 of 2008 arose out of PRC No.3 of 2008 on the file of the Court of I Additional Judicial First Class Magistrate, Tenali (for short, ‘the learned Magistrate’) pertaining to Crime No.100 of 2007 of Tenali I Town Police Station.

4. The case of the prosecution, in brief, according to the averments in the charge sheet, filed by the Sub-Divisional Police Officer (SDPO), Tenali in the above Crime, is as follows:

A-1 is the only son of A-2 and A-3. Previously, A-1 married LW.15 – Kondisetty Sailaja Rani of Nagaram village and she got divorce from A-1 through Additional Senior Civil Judge, Tenali vide HMOP No.232 of 1997, dated 17.02.1998. Subsequently, A-1 loved another woman by name Lakshmi of Nagayalanka Village, Krishna District and married her. Suppressing the aforesaid two marriages, he married another woman third time by name Lakshmi of Chebrole. After some time, Lakshmi of Chebrole died under suspicious circumstances. Basing on the report given by the parents of Lakshmi, a case in Crime No.57 of 1999 for the offence under Section 304-B IPC was registered against A-1 and his parents and investigated into. As material witnesses turned hostile, it was ended in acquittal. While the matter stood thus, A-1 to A-3 suppressed the factum of previous marriages of A-1, except the marriage of A-1 with Lakshmi of Chebrole, and A-2 and A-3 contacted LW.12 – Pulivarthi Sitharamaiah and with his mediation, they could secure alliance of Kondisetti Durga Bhavani (hereinafter referred to as ‘the deceased’) by convincing her parents i.e., LW.1 and LW.2 namely Manipakam Durga Prasad and Manipakam Padmavathi and believing the gullible words of accused, they performed the marriage of their eldest daughter – deceased with A-1 on 25.05.2002 at Guduru Village of Krishna District. At the time of marriage, the parents of the deceased presented Rs.50,000/- towards Pasupu Kumkuma. After some time, A-1 and the deceased led happy marital life and they were blessed with a daughter by name Prizee and son by name Immanuel. Later, A-1 to A-3 began harassing the deceased to cruelty both mentally and physically so as to get additional dowry. A-1 was addicted to bad vices and used to beat the deceased to bring money from her parents. Deceased used to inform the same to her parents. LW.1, though adjusted some amount, initially, disclosed his inability to meet the demands of accused later. However, at the compulsion of accused and in order to avert cruelty against her daughter, LW.1 executed a promissory note in favour of the accused for Rs.30,000/- 3 years ago and was paying monthly interest but the accused continued to harass the deceased. Recently, 20 days prior to 17.09.2007, when the accused sent the deceased to her parents house, LW.1 sent back her with Rs.5,000/-. Even on 17.09.2007 also A-1 quar