Criminal Appeal Nos. 1604 and 1605 of 2007. Case: 1. K. R. J. Sarma, 2. The Public Prosecutor, High Court of Andhra Pradesh Vs 1. R.V. Surya Rao and Anr., 2. R.V. Surya Rao. Supreme Court

Court:Supreme Court
Issue:Indian Penal Code - Sections 306, 498A; Constitution of India - Article 136
Counsel:For Appellant: D. Mahesh Babu, Mayur R. Shah, Suchitra Hrangkhawl, Amjid Magbool, Amit K. Nain, M. Bala Shivudu, Anil Kumar Tandale, M. Srinivas R. Rao, Abid Ali Beeran and P. John Mathew, Advs.
Judgement Date:April 01, 2013
Party Name:1. K. R. J. Sarma, 2. The Public Prosecutor, High Court of Andhra Pradesh Vs 1. R.V. Surya Rao and Anr., 2. R.V. Surya Rao
Case Number:Criminal Appeal Nos. 1604 and 1605 of 2007
Citation:2013 (2) ACR 1185, 2013 (VII) AD 189 (SC), 2013 AllMR 1920 (Cri), 2013 CriLJ 2189, 2013 (2) JCC 979, 2013 (2) RCR 930 (Cri), 2013 (5) SCALE 391, 2013 (4) SCC 118
Judges:A.K. Patnaik and Sudhansu Jyoti Mukhopadhaya, JJ.
 
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Judgment:

  1. These are appeals against the judgment dated 25-11-2002 of the Andhra Pradesh High Court in Criminal Appeal No. 1207 of 2002.

  2. The facts very briefly are that the Respondent was married to Vijaya Bala. Vijaya Bala died on 27-06-1994 by consuming poison and committing suicide at her residential apartment in Sovereign Shelter Apartments, Hyderabad. After investigation, a charge-sheet was filed against the Respondent under Sections 306 and 498A, Indian Penal Code. The Trial Court, however, found that the deceased Vijaya Bala had left a suicide note (Ext. P1) addressed to the police to the effect that no one was responsible for the death of the deceased and there was no pressure either from her parents, husband (Respondent), children or friends and relatives and that the decision to commit suicide was taken by her on her own will and the suicide note was also signed by the deceased. The Trial Court, after considering the contents of Ext. P1 and after considering all other evidence, held that the prosecution has failed to prove beyond reasonable doubt that the Respondent had abetted the deceased to commit suicide and accordingly acquitted the Respondent of the charges under Sections 498A and 306, Indian Penal Code.

  3. Aggrieved, the State carried Criminal Appeal No. 1207 of 2002 and by the impugned judgment, the High Court held that the suicide note said to have been left behind by the deceased wife and marked as Ext. P1, obviously exonerates the Respondent on both the charges under Sections 498A and 306, Indian Penal Code. The High Court further held that it was discernible from the evidence that the deceased had a suicidal tendency which was expressed on several occasions and except the only circumstance that the door was bolted from outside there was no other evidence that was available on record against the Respondent and there was also no evidence that the Respondent had subjected the deceased to any harassment or cruelty. Accordingly, the High Court did not interfere with the order of acquittal.

  4. So far as Criminal Appeal No. 1605 of 2007 is concerned, the same was filed by the complainant and it has been brought to our notice by the learned Counsel for the parties that the complainant has expired during the pendency of the criminal appeal. Hence this criminal appeal abates.

  5. In support of Criminal Appeal No. 1604 of 2007 filed by the State, Learned Counsel for the State Mr. D. Mahesh Babu submitted that there was evidence of PW 1, the son of...

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