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K. SURENDER
Tirupati Pochaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
1. The appellants/A1 to A6 are convicted for the offence under Section 306 of IPC and sentenced to undergo ten years rigorous imprisonment each vide judgment in S.C.No.316 of 2008, dated 09.09.2009 passed by the Assistant Sessions Judge, Siddipet. Aggrieved by the same, present appeal is filed.
2. The case of the prosecution is that the deceased is the husband of P.W.1. She stated that her husband committed suicide by consuming pesticide. The reason for committing suicide was that her deceased husband went to the water tank and when there was no water and the motor starter was locked, he abused the persons who had locked it. Two women Kundala Yadavva and Vemula Laxmi heard the deceased abusing and they in turn informed all the appellants who are caste elders. They conducted panchayat in the village and imposed fine of Rs.2,200/- on the deceased. Though, the amount was paid after six days, the appellants abused and harassed the deceased continuously for which reason he committed suicide. P.W.2 is the mother of the deceased who stated that village elders imposed fine of Rs.30,000/- and stated that the appellants were responsible for the death of his son. P.W.3 the brother, P
Court has considered the scope of Section 306 and the ingredients which are essential for abetment as set out in Section 107 IPC.
The essential elements of abetment under S.306 IPC must be established, involving direct actions or instigation prompting the individual to commit suicide.
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, which was not established in this case.
Administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view wh....
Abetment of suicide – Accused must have mens rea to instigate deceased to commit suicide – Such instigation must be in close proximity to act of committing suicide.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
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