TADIKAMALLA BRAHMANANDAM v. STATE OF ANDHRA PRADESH
2008-06-13
P.SWAROOP REDDY
body2008
DigiLaw.ai
Judgment ( 1 ) THIS criminal petition is filed by the petitioner accused, an advocate, seeking to quash the order dated 5. 1. 2007 in Criminal Revision Petition No. 52 of 2005 passed by the learned VI Additional District and Sessions Judge, Markapur confirming the order dated 20. 7. 2006 in Criminal M. P. No. 236 of 2002 in SC No. 363 of 2002 passed by the learned Assistant Sessions Judge, Markapur. ( 2 ) HEARD the learned Counsel for the petitioner and the learned Additional Public Prosecutor and perused the material on record ( 3 ) A woman by name Smt. Balavani committed suicide on the midnight of 16. 8. 2000 by setting fire to herself and by jumping into a well in the backyard of her in-laws house. Before committing suicide, she was in bedroom along with her husband. She also left a suicide note saying that she has committed mistake, therefore she is comrnittiiig suicide. Husband of the deceased gave complaint to the police stating that the deceased committed suicide. Ten days thereafter, father of the deceased gave a report alleging that deceased told him that the petitioner developed illegal intimacy with her and harassed her with regard to the same, therefore she committed suicide. On the above material, case was taken up under section 306 IPC against the petitioner. ( 4 ) AS contended by the learned counsel for the petitioner, absolutely there is no material to show that petitioner harassed the deceased in any manner. The material with regard to alleged harassment is only hearsay, which also came on record ten days after the death of the deceased. Even assuming that the contents of the complaint given by the father of the deceased after ten days of the incident are true, the contents being that the petitioner had developed illegal intimacy with the deceased and threatened her to continue the illegal intimacy with him, perhaps would not constitute the offence punishable under section 306 IPC.
Even assuming that the contents of the complaint given by the father of the deceased after ten days of the incident are true, the contents being that the petitioner had developed illegal intimacy with the deceased and threatened her to continue the illegal intimacy with him, perhaps would not constitute the offence punishable under section 306 IPC. ( 5 ) CONSIDERING all the circumstances, particularly as the version involving the petitioner in the offence has come to light ten days after the death of the deceased and initially there was no such material and further as there is no prima facie material to show that such allegation is true and there is no possibility of proving the same in view of the death of the deceased, who alone could have stated about the same and none else, as her suicide note does not contain any such allegation and as no offence punishable under Section 306 IPC is constituted even if the allegations made in the complaint given by the father of the deceased are taken to be true, I feel that there are no grounds to proceed against the petitioner. ( 6 ) ACCORDINGLY, the criminal petition is allowed. The dismissal order dated 5. 1. 2007 in Criminal Revisions Petition No. 52 of 2006 passed by the learned VI Additional district and Sessions Judge (Fast Track court), Markapur confirming the order dated 20. 7. 2006 in Criminal MP No. 236 of 2002 in SC No. 363 of 2002 passed by the learned assistant Sessions Judge, Markapur, is quashed.