The High Court · 2025

The State of A.P. Rep. by the Public Prosecutor, High Court of A.P. Hyderabad. . ...RESPONDENT/COMPLAINANT Counsel for the Appellant: Sri M. Achuta Reddy Counsel for the Respondents: Sri M. Vivekananda Reddy, Assistant Public Prosecutor The Court delivered the following JUDGMENT: THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.152 OF 2012 JUDGMENT

1. The Criminal appeal .is filed by the appellant-ziccused questioning the Judgment dated 15.O2.2012 in SC No.132 of 20ll passed by the Assistant Sessions Judge at Gadwal, wherein the accused was convicted for the offences under Section 498-A and 306 of Indian Penal Code (for short "IPC"). The accused was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,O0O/- in default of payment of hne, to undergo simple imprisonment for a period of two months for the offencc under Section 498-A of IPC. The accused was also sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,OOO/- in default for payment of fine, to undergo simple imprisonment for a period of two months for the offence under Section 306 of IPC.

2. Heard Sri M. Achutha Reddy, learned counsel for the appellant-accused and Sri M.Vivekananda Recldy, Assistant 2 Kt./ Crl.A.No.15 2 of 2012 Public Prosecutor for the re spondent-State and perused the record.

3. The case of the prosecution as stated by the witnesses during course of trial is that the appellant was married to Sunitha (herein after referred to as 'deceased'), 1l years prior to her death. At the time of marriage, dowry was given to the appellant in the form of gold, silver and cash. The deceased gave birth to three sons. According to the prosecution case, the appellant was addicted to drinking and gambling. He used to come home in a drunken condition and harass the deceased.

4. The mother-in-law - PW.4 and father-in-law - PW.7 of the appeilant, stated that the deceased used to inform them about the harassment of the appellant that the appellant was beating her in a drunken condition and was also addicted to gambling. PW.7 stated that on two or three occasions, the appellant demanded amount from him.

5. The incident happened on 03.O1.2011 in the evening, when the appellant, in a drunken condition, beat the 3 (s,-/ Crl .1 No.1 5 2 of20] 2 deceased and three children. The appellant asked the deceased to go and die. Unable to bear the beating and also the husband asking her to die, the deceased poured kerosene onto herself and lit irre with a match stick. She was taken to the hospital by the neighbours. A requisition was given for recording dying declaration of the deceased. The dying declaration was recorded by the learned Magistrate-PW.1 I at 12.55 AM. The learned Magistrate asked preliminary questions about the details of deceased, to convince herself about the mental condition of the deceased. The duff doctor endorsed that the patient was conscious and coherent at the time of recording the statement of the deceased. To the question posed by the learned Magistrate, as to how she received the burns, the deceased stated as follows: "My husband namely Thimmappa beat me and my children Jayanthu, Shiva and Ravi severely. He asked me to die. Unable to bear the pain, I poured kerosene onto myself and 1it with a match stick. My husband ran away from there. Our neighbours Edanna and Venkatanna have 4 KS,J Crl.A.No.l52 of 2012 taken me to the hospital and admitted me in the hospital. My husband used to drink heavily and used to beat rne and my children and he does not work".

6. As seen from the evidence of PWs.4 and 7 who are the parents of the deceased, they stated that the appellant was addicted to alcohol and gambling. He used to beat the deceased and children in a drunken condition. In the dying declaration made by the deceased, she specifically stated that the beating by the appellant in a drunken condition, was a regular feature.

7. l,earned counsel appearing for the appellant would submit that the allegation of beating was conhned to the day of the incident and none of the witnesses or deceased stated anything about the continuous harassment of the appellant.

8. The said argument cannot be accepted. In the dying declaration, the deceased specilically stated that the appellant was in the habit of beating her and children on a regr.rlar basis. 5 KS,J Crl.,l.No.l5 2 of 2012

9. To attract the offence under Section 306 of IpC, the conduct of a person should be of such a nature, which would be intentional, to drive a person to commit suicide. Evgn according to the deceased, she felt sad about the utterances of the appellant, asking her to go and die. The utterances of the appellant were in ht of anger, under the influence of alcohol. Such utterances in a drunken state cannot be said to be an intentional act to abet suicide. Such utterance will not amount to abetment, attracting the ingredients of Section 306 of IPC.

10. However, the version of the witnesses regarding the appellant beating the deceased and children, being a regular feature, would specifically fall within. the meaning of cruelty, as explained under Section 498-4 of IpC.

11. The conviction under Section 498-A of trpC is sustained. However, the imprisonment for the offence under Section 498-A of IPC against the appellant is reduced to two years. 6 K\,J Crl.A.No.l52 of 2012

12. Accordingly, the criminal appeal is partly allowed. The concerned Sessions Judge shall summon the appellant and send him to prison to serve out the remaining part of sentence Miscellaneous Petitions, pending if any, shall stand closed Sd/. C.V. MALLIKARJUNA VARMA JOINT REGISTRAR //TRUE COPY// TION OFFICER To, 1- The Assistant Sessions Judge at Gadwal'(with records, if any)(By RPAPI 2. The Judicial First class Migistrate, Gadwal, Mahabubnagar District(By RPAD)

3. The Superintendent, District Jail, Mahabubnagar'(By RPAD) 4. The Station House Officer, Gadwal Town Police Station, Gadwal 5.TwoCCstothePublicProsecutor,HighCourtfortheStateofTelangana at Hyderabad. [OUT]

6. One CC to Sri M. Achuta Reddy Advocate [OPUC] 7. Two CD CoPies VH hr HIGH COURT DATED: 2010112025 JUDGMENT CRLA.No.152 of 2012 1Ht ST4It 9^ J c o 2 I npn ZozS { ! tI I t T PARTLY ALLOWING THE APPEAL '"'S,,