Section 113-A of the Indian Evidence Act does not allow for an automatic presumption of abetment in cases of suicide within seven years of marriage; the prosecution must first independently establish that the deceased was subjected to cruelty by the husband or his relatives.

The Court made the following:

O R A L J U D G M E N T:

The appeal is preferred by the Accused No.1 and 2 challenging the judgment dated 18.12.2008 delivered in S.C.393 of 2008 on the file of the Assistant Sessions Judge, Ananthapur Division at Hindupur.

2. The Assistant Sessions Judge, Hindupur, convicted the appellants/A-1 and A-2 for the offence U/secs.498-A and 306 IPC, and sentenced them to undergo rigorous imprisonment for a period of 10 years each for the offence U/s.306 IPC, and simple imprisonment for a period of three years each for the offence U/s.498-A IPC.

3. For the sake of convenience, the parties hereinafter referred to as they were arraigned before the learned Assistant Sessions Court.

CASE OF THE PROSECUTION:

4. The case of the prosecution is that deceased Alleepura Radha is the daughter of P.W-1 and P.W-2. P.W-3 is the brother of the deceased. The appellant/A-1 is the husband of the deceased. The appellant/A-2 is brother of the appellant/A-1.

The marriage of the deceased and the appellant/A-1 was solemnized nine months ago. The deceased, A-1 and A-2 stayed at Bangalore for three months. After three months, they returned to the village, and staying in the house of the appellant/A-1. On the date of incident i.e., on 10.03.2008, P.W-1 came to know about the death of the deceased. Immediately, P.W-1 went to the house of the accused, confirmed that deceased died due to harassment made by the accused. P.W-1 presented Ex.P-1 report to P.W-10 SI of Police, Gudibanda Police Station. He registered the same as a case in Cr.No.6/2008 for the offence U/s.306 IPC. He took-up investigation, conducted inquest over dead body of deceased vide Ex.P-5 report in the presence of P.W-8(VRO) and P.W-9 (Tahsildar) and others. He examined the witnesses and recorded their statements, seized some material objects at the scene of offence vide M.Os-1 to 9, prepared Ex.P-8 rough sketch for the scene of offence. The body of the deceased was sent to the Government Hospital for autopsy. P.W-10 Civil Assistant Surgeon, Government Hospital, Madakasira, conducted autopsy and issued Ex.P-6 postmortem certificate, opining that the deceased died due to asphyxia, caused by hanging and that the deceased committed suicide. P.W-10 on 25.03.2008 arrested the accused. Later, after concluding investigation, laid charge sheet before the jurisdictional Magistrate.

5. The learned Magistrate committed the case to the Sessions Division at Ananthapuram. It wasmade over to the Assistant Sessions Judge, Hindupur, for trial in accordance with law.

6. The appellants/A-1 and A-2 were charged for the offence U/secs.498-A and 306IPC. The accused pleaded not guilty and claims to be tried.

EVIDENCE FOR THE PROSECUTION:

7. The prosecution to the above charge, examined P. Ws-1 to 11. During their evidence, filed Exs.P-1 to 8 documents, apart from M. Os-1 to 9.

8. The accused were examined U/s.313 Cr.P.C.regarding the incriminating circumstances appearing against them from the evidence forthe prosecution.The accused denied the same as not true and correct.No evidence was adduced for the defence.

FINDING OF THE SESSIONS COURT:

9. The learned Assistant Sessions Judge, Hindupur, upon consideration of the above evidence, found both the accused guilty for the offence U/secs.498-A and 306 IPC. Therefore, convicted them as mentioned above. Hence, the appeal came to be preferred by the accused, challenging the judgment of the Assistant Sessions Judge, Hindupur, on various grounds.

CONTENTIONSOF THE APPELLANTS/ACCUSED:

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