P. S. NARAYANA, J. ( 1 ) HE Sri T. Suresh Kumar Reddy, the learned counsel representing the appellant- accused and the learned Additional Public prosecutor. ( 2 ) THIS appeal is preferred by the appellant- accused aggrieved by the judgment of the learned II Additional Sessions Judge, rajahmundry, in S. C. No. 566 of 1999, dated 07-08-2000, convicting the appellant-accused under section 306 of the Indian penal Code (for brevity ipc ) and sentenced him to suffer rigorous imprisonment for five years and also to pay a fine of Rs. 1007- (Rupees one hundred only) and in default of payment of fine amount, he shall under go simple imprisonment for one month. ( 3 ) SRI T. Suresh Kumar Reddy, the learned counsel representing the appellant-accused by way of legal aid, made the following submissions: the learned counsel would submit that the learned Judge having disbelieved the prosecution version, so far as it relates to section 302 of IPC or in alternative under section 304-BIPC, totally erred in convicting the accused and sentenced him to suffer R. I. for five years and to pay a fine of Rs. 1007- under Section 306 IPC even in the absence of a charge in this regard. The learned counsel also would further submit that the very story of the prosecution is that 15 days prior to the death of the deceased, there was a quarrel, as the appellant was addicted to drinking and started beating the deceased and ultimately on the date of incident, the deceased beat the appellant-accused for coming in a drunken state and in the process of scuffle, the appellant-accused caught hold of her, squeezed her neck and pushed her on the ground and in that process, the deceased died. That is the reason why the appellant-accused had been charged with Secs. 302 and 304-B IPC. The learned counsel also would maintain that it is nobody s case that the deceased committed suicide and even on appreciation of the material available on record, it is highly doubtful whether the ingredients of Section 306 IPC are attracted at all. The learned counsel also had drawn the attention of this Court to the medical evidence and would submit that the cause of death is recorded because of throttling and this would not be possible by way of suicide and hence, the ingredients of Section 306 1pc are not attracted at all. The learned counsel also had drawn the attention of this Court to the medical evidence and would submit that the cause of death is recorded because of throttling and this would not be possible by way of suicide and hence, the ingredients of Section 306 1pc are not attracted at all. The learned counsel also had drawn attention of this court to the findings recorded by the learned judge in paragraph-22 of the judgment and had commented that on some suspicion and on the strength of the opinion of the panchayatdar, recording such findings and convicting the appellant-accused under section 306 IPC is totally unjustified. The learned counsel also placed reliance on a passage from Modi s Medical Jurisprudence to substantiate his stand in this regard. ( 4 ) ON the contrary, the learned Additional public Prosecutor would contend thatthough the prosecution is unable to establish the guilt of the accused under Section 302 IPC or in the alternative under Section 304-B IPC, the Court can definitely convict and impose the sentence under Section 306 or section 498-A IPC, if the material available on record, would disclose the commission of such offences. The learned Additional Public prosecutor also had taken this Court through the findings recorded by the learned Judge and in all fairness, would submit that the state had not preferred any appeal as against that of the judgment recording acquittal in relation to the charges under Sections 302 and 304-B IPC and the same had attained finality. But, however, the learned Additional public Prosecutor would conclude that there is some evidence available on record relating to harassment of dowry and additional dowry and hence, the ingredients of Section 498-A ipc are attracted. Even if the conviction under Section 306 IPC cannot be sustained, definitely the appellant-accused is liable to be convicted under Section 498-A IPC. ( 5 ) HEARD both the counsel and perused the evidence available on record and also the findings recorded by the learned Judge. ( 6 ) THE brief case of the prosecution is that accused is a resident of Medara Veedhi, peddapuram and he is working as a Jattu cooly. About one year and three months back, accused married the deceased according to high religious and caste customs and at the time of marriage, the parents of the deceased Y. Veera Venkata Satyaveni, gave an amount of Rs. About one year and three months back, accused married the deceased according to high religious and caste customs and at the time of marriage, the parents of the deceased Y. Veera Venkata Satyaveni, gave an amount of Rs. 10,000/- to the accused as dowry and after marriage, the deceased and accused lived together in Voolapalli and peddapuram for some time. 15 days prior to the date of death of the deceased, the deceased and accused were residing in the house of Rotta Atchamma in Medara Veedhi, peddapuram on rent. It is also the case of the prosecution that the accused is having a habit of drinking, which was not liked by the deceased. The accused used to visit the house of his parents-in-law and was demanding Rs. 5,000/- as additional dowry as the previous dowry was not sufficient for him. The parents of the deceased pleaded inability to give Rs. 5,0007- as additional dowry and this aspect was also informed to them by her deceased daughter. ( 7 ) IT is further case of the prosecution that on 23-08-1999 at 8. 00 p. m. accused went to the house bearing Door No. 16-2-22 in medara Veedhi in a drunken state then the deceased abused him for having consumed liquor and pounced upon him and pulled his hair tuft and quarreled with him, and on that, the accused beat her with hands and pushed her on the ground and squeezed her neck and dragged her from kitchen to bed room. " due to throttling by the accused, the deceased died and accused laid the dead body of the deceased on his double cot and absconded from that place due to fear. ( 8 ) ON 24-08-1999, the parents of the deceased came to know about the death of the deceased and rushed to Peddapuram and found the dead body of their daughter in the house of the accused and on receipt of the written report given by P. W. 1, the Sub-Inspector of Police registered this case under section 174 of Code of Criminal Procedure (for brevity cr. P. C. ). After the inquest was held over the dead body of the deceased and after receipt of the post-mortem certificate, the section of law was altered into section 302 IPC or in alternatively 304-B ipc. But, however, convicted him under section 306 I PC. P. C. ). After the inquest was held over the dead body of the deceased and after receipt of the post-mortem certificate, the section of law was altered into section 302 IPC or in alternatively 304-B ipc. But, however, convicted him under section 306 I PC. ( 9 ) P. W. 1 the father of the deceased deposed about the drinking habit of his son- in-law and demand made by his son-in-law for additional dowry of Rs. 5,0007- and this witness also deposed about ill-treatment of the appellant. P. W. 1 further deposed that he observed the injuries on her neck, ear and bleeding injury on her mouth and injury on her shoulder and then found dead. Then, in the afternoon, he gave police report under ex. P-1 and the other persons also observed injuries on the body of the deceased. In the cross-examination, P. W. 1 admitted that it is a fact that he did not mention in Ex. P-1 that the accused demanding Rs. 5,000/- as additional dowry and he paid Rs. 10,000/- as dowry to him and the accused used to beat his daughter after consuming liquor etc. , and no doubt he denied certain suggestions. ( 10 ) THE deceased is the niece of P. W. 2. P. W. 2 also deposed about the death of the deceased and the demand relating to the additional dowry of Rs. 5,000/ -. But, however, in cross-examination, this witness specifically deposed that he does not know personally about the demand of Rs. 5,000/- by the accused to P. W. 1 and sending his wife to bring the same. ( 11 ) P. W. 3 is the person who attended the marriage of the accused and deceased. No doubt, he deposed about the payment of rs. 10,000/- as dowry and about the spouses living happily for about one year. The witness also deposed that the accused came to his house and informed him that he visited the house of P. W. 1 and demanded Rs. 5,000/- from him, and accused also informed him that P. W. 1 had not paid an amount of rs. 5,000/- as demanded by him. This witness further deposed that the deceased visited his house and complained to him that the accused used to beat her after consuming liquor in order to get Rs. 5,000/- from him, and accused also informed him that P. W. 1 had not paid an amount of rs. 5,000/- as demanded by him. This witness further deposed that the deceased visited his house and complained to him that the accused used to beat her after consuming liquor in order to get Rs. 5,0007- from her father p. W. 1 but she expressed herfather s inability to pay the said amount. This witness further deposed about lodging of Ex. P-1 report, given by P. W. 1 and conducting of inquest over the dead body of the deceased by the mandal Revenue Officer. The prosecution relied upon the evidence of this witness to show that the deceased had complained of the demand of the accused for additional amount to her parents and also to this witness. ( 12 ) P. WS. 4 and 5 were declared hostile and their 161 Cr. P. C. statements said to have been recorded by police were marked as Exs. P-2 and P-3. P. W. 6 is the photographer who deposed about taking of ex. P-4 to P-8 photos. P. W. 7 is the Village administrative Officer who deposed that he drafted the observation report of the scene of offence under Ex. P-14, which was attested by another VAO. The Mandal Revenue Officer conducted inquest over the dead body of the deceased in the presence of panchayatdars, under Ex. P-15 and during the course of inquest, swelling of dead body and oozing of blood from the nose of the deceased was observed by them and they also observed a black ligature mark around the neck of the deceased. This witness further- deposed about Ex. P-16 Mahajar report for surrender of accused drafted by him at the time of surrender of the accused and no doubt he denied certain suggestions put to him. P. W. 8 is Mandal Revenue Officer who deposed about Ex. P-15 Inquest Report, drafted by the Village Administrative Officer in the presence of the blood relatives of the deceased. ( 13 ) P. W. 9 is the doctor who had conducted autopsy over the dead body of the deceased and found the following injuries: external injury antimortem in nature: (1) Abrasions " x " below the right ear. (2) Abrasion left side of the neck 3" x 2" oblique. ( 13 ) P. W. 9 is the doctor who had conducted autopsy over the dead body of the deceased and found the following injuries: external injury antimortem in nature: (1) Abrasions " x " below the right ear. (2) Abrasion left side of the neck 3" x 2" oblique. (3) Abrasion right sideo fthe neck 2" x 2" both are passing from anterior to posterior. (4) Sero sangousdischarge present from both ears and nostrils. (5) 3 abrasions over the left thigh extending; on the medical saide 2" x 2" brownish in colour. (6) 2" x " abrasion over left leg. (7) Multiple small abrasion present over the front of lower abdomer about 20 in numbers smallest cm. x 1/4 cmbiggest 1 cm x 3/4 cm eyanosed face both eyes. Protruded out tongue protruded out. Head and neck: Skull bones intact, Oribital nosal. Canves normal. Mouth tonguephanyu. Tongue protruded out. Neck. Laryn Hydod throid other neck stomeetures. Neck swollen as whole extravasation of blood in present in the subentaneous structures. Fracture of left corner of Hyordbone present. Neck mussles hyernece Abrasions present on both. Chest: ribs chest wall intact. 2. Diaphragm elevated. Mediastines thymes congested Thorasic cavities contained 5 omples of flued blood. Lungs: Rt. Convestested on C/s left congested on C/s. Heart : Rt. Side filled dark flued blood left side empty. Cornnies patient valves intact. Abdomen: Abdominal wall distended with gaeses large intestines congested. Stomach contained 2 owmes semidigested food. Liver: Congested wall bladder empty. Pancreas speen normal. Kidney; Rt congested left congested. Pelivic Intact urinary bladder empty general organs. Uteris non gravid normal in size. Spinal colum and spinal cord intact. Opinion to cause of death - Reserved, pending report of the Chemical analysis of vicira which was received and no plisonous sustance is found in the report. " ( 14 ) IT was specifically stated that the deceased would appear to have died due to asphyxia of throttling and the approximate time of death would be within 3 days priorto his examination. The Doctor again stated that the neck of the deceased was swollen and the eyes were protruded and hyoid bone was fractured and that the death was due to throttling. This is the medical evidence. The Doctor again stated that the neck of the deceased was swollen and the eyes were protruded and hyoid bone was fractured and that the death was due to throttling. This is the medical evidence. ( 15 ) P. W. 10 is the Sub-Inspector of Police who deposed that P. W. 1 came to police station and presented report about the death of his daughter and the same was registered as Crime No. 199 of 1999 under Section 174 of Cr. P. C. and Ex. P-1 contains his signature and thumb impression and the same was informed to the Circle Inspector and that ex. P-20 is the First Information Report sent to the Court and later he assisted his Circle inspector who took up further investigation in this case. This witness also deposed that p. W. 1 had not mentioned in Ex, P-1 that he paid a sum of Rs. 10,000/- towards dowry to the accused at the time of marriage with his daughter and also about Rs. 5,000/ -. ( 16 ) P. W, 11 is the Circle Inspector of police who had deposed in detail about recording of statements and during evidence the relevant portions of the witnesses who were declared hostile also had been put to him. This witness in detail had deposed aboul all the aspects relating to the investigation, ex. P-1 just reads as hereunder:"obbareddi Bhulokam resident of oolapalli village, Biccavole Mandal, I got performed the marriage of my daughter with 2nd son of Pothanna of yalla Peda Tatayya in Medara veedhi of Peddapuram in May 1998. Since then my son-in-law and daughter used to come and go. Today i. e. , on 24-08-1999 Tuesday at 9 a. m. , younger junior paternal uncle of my son-in-law, brother-in-law came to my housa at oolapalli and informed that my daughter died. We came to Peddapuram and saw our daughter died in suspicious circumstances. Nearourdaughtereither my sons-in-law or his relations, none were present. So I request you to come and see my daughter and do justification. " ( 17 ) IN the light of the findings recorded by the learned Judge, recording acquittal in relation to Section 302 IPC or in alternatively section 304-B IPC, all this evidence available on record, may not be very relevant. So I request you to come and see my daughter and do justification. " ( 17 ) IN the light of the findings recorded by the learned Judge, recording acquittal in relation to Section 302 IPC or in alternatively section 304-B IPC, all this evidence available on record, may not be very relevant. In the light of the acquittal having attained finality, the only question with which this Court is left with is that whether the conviction and sentence which had been imposed under section 306 IPC be sustained or liable to be set aside. Section 306 of IPC which reads as hereunder: section 306 : Abetment of suicide:"if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and also be liable to fine. " ( 18 ) IT is pertinent to note that it is not the case of the prosecution that the accused had committed this offence under Section 306 ipc that is abetment to commit suicide. The specific case of the prosecution is that the accused had committed the offence by throttling, by virtue of which the deceased died. The said version was disbelieved. Hence, at any stretch of imagination, it cannot be said that the ingredients under section 306 IPC are satisfied. ( 19 ) YET another important aspect is that the medical evidence is clear and categorical that the cause of death is by asphyxia of throttling. Submissions, at length, were made by the learned counsel, representing the appellant-accused that this is just an impossibility and the medical evidence is clear that the death was by throttling and definitely this cannot be styled as suicide at all. ( 20 ) RELIANCE was placed on a passage from Modi s Medical Jurisprudence and toxicology at page 200, in 8th reprint 1997, wherein the learned author while dealing with strangulation suicidal, homicidal or accidental, had stated:"whether the Strangulation was suicidal, Homicidal or Accidental - suicidal strangulation is not very common, though sometimes met with. In these cases some contrivance is always made to keep the ligature tight after insensibility supervenes. In these cases some contrivance is always made to keep the ligature tight after insensibility supervenes. This is done by twisting a cord several times round the neck and then tying a knot, which is usually single and in front or at the side or back of the neck, by twisting a cord tightly by means of a stick, stone or some other solid material, or by tightening the ends of a cord by tying them to the hands or feet or to a peg in a wall or to the leg of bed. In such cases injuries to the deep structures of the neck and marks of violence on other parts of the body are, as a rule, absent. It is not possible for anyone to continue a firm grasp of the throat after unconsciousness supervenes hence throttling by the fingers cannot possibly be suicidal, although Binnar records the case of a woman, aged 40 years, who committed suicide by throttling. She was suffering from melancholia and was found dead, crouched in her bed with both hands compressing her throat; the elbows were supported on the knees, and the back leaned against the wall; there were marks of her finger nails on both sides of the throat. " ( 21 ) WHEN the possibility of committing suicide by throttling is doubtful, especially in the light of the clear medical evidence and also in the light of the acquittal recorded relating to Sections 302 and 304-B IPC, definitely the appellant-accused is entitled to benefit of doubt as far as Section 306 IPC is concerned. It is also pertinent to note that the learned Judge while recording findings in this regard at paragraph-22, on the strength of some suspicion and opinion expressed by panchayatdars, had arrived at a conclusion that the appellant-accused is liable to be convicted under Section 306 IPC. In the considered opinion of this Court, definitely this is not a legal approach. Since mere suspicion cannot be substitute for proof in criminal law. ( 22 ) AT this juncture, yet another attempt was made by the learned Additional Public prosecutor to the effect that at least the prosecution was able to establish the ingredients of Section 498-A IPC, through the evidence of P. Ws. 1,2 and other witnesses also. Since mere suspicion cannot be substitute for proof in criminal law. ( 22 ) AT this juncture, yet another attempt was made by the learned Additional Public prosecutor to the effect that at least the prosecution was able to establish the ingredients of Section 498-A IPC, through the evidence of P. Ws. 1,2 and other witnesses also. The evidence of P. W. 3 on the aspect of the demand of dowry and additional dowry is not clear and the same is hereby as vague as vagueness can be. It is admitted by p,w. 1 that in relation to the payment of rs. 10,000/- and payment of additional dowry of Rs. 5,000/- had not been specified in ex. P-1. When that being so, on mere submissions made by the Additional Public prosecutor at the stage of appeal, unless there is clear evidence on record to sustain the charge, conviction cannot be recorded under Section 498-A IPC also. ( 23 ) HENCE, viewed from any angle, the conviction and sentence imposed by the learned II Additional Sessions Judge, East godavari, Rajahmundry, in Sessions Case no. 566 of 1999, dated 07-08-2000, as against appellant-accused cannot sustain in law and accordingly the same are liable to be set aside. Therefore, the accused is definitely entitled to be acquitted under benefit of doubt. ( 24 ) IN the result, the Criminal Appeal no. 1346 of 2000 is allowed and the conviction and sentence recorded against the appellant-accused in Sessions Case No. 566 of 1999, dated 07-08-2000 on the file of II Additional sessions Judge, East Godavari at rajahmundry are set aside and the appellant-accused is ordered to be released forthwith after following due procedure, if not required in any other crime.