JUDGMENT :

This appeal has been filed by the 1st and 2nd accused in S.C.No.281/2007 on the file of the Addl. Sessions Court (Adhoc)-I, Kottayam challenging the judgment dated 6.3.2008 convicting them under Section 306 r/w 34 IPC.

2. One Mr. Madhavan, a 73 year old agriculturist, committed suicide on 29.9.2006 by consuming poison. The police registered the crime initially under Section 174 of Cr.P.C on the basis of a statement given by PW1, the grandson of the deceased, at 8 am. on 30.9.2006. Ext.P10 is the FIR. It was registered by PW8, the Sub Inspector of Police, Ayarkunnam Police Station. He conducted initial part of the investigation. Admittedly, the 1st accused had borrowed a sum of Rs.25,000/- from the deceased in the year 2001. When PW8 questioned the witnesses as part of the investigation, it was disclosed that in spite of repeated demands, the accused did not repay the amount borrowed, instead they consistently humiliated, harassed and threatened the deceased and on account of the said constant threat, harassment and humiliation, he committed suicide. Accordingly, Section 306 r/w. 34 IPC was added and the appellants were arrayed as accused. PW7, the Sub Inspector of Police,