In this criminal appeal, the Court addressed a challenge to an acquittal in a murder-by-culpable-homicide case. The High Court dismissed the appeal, holding that the prosecution failed to prove the necessary facts for Section 306 IPC, partly due to the post-mortem report not confirming conception.
The Criminal Appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TEN
PRESENT
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL APPEAL No.980 OF 2010
Between:
The State of Andhra Pradesh
… APPELLANT
And Shaik Masthan
… RESPONDENT
This Court made the following:
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL APPEAL No.980 OF 2010
JUDGMENT:
1. The Public Prosecutor seeks to file appeal against acquittal recorded by the Assistant Sessions Judge, Gudur, in Sessions Case No.9 of 2009. The respondent was charged by the lower Court for offence punishable under Section 306 I.P.C. The deceased woman admittedly left her married husband and began leading life with the accused. As per the dying declaration given by the deceased, the accused promised to look after her well and the accused took away all her gold ornaments, pledged the same and spent the money obtained
therefrom for his expenses and when the deceased conceived pregnancy of three months, the accused asked her to go away. For that reason, the deceased committed suicide by pouring kerosene on herself and setting fire to herself. Accepting the version given by the deceased in her dying declaration as a true version, even then the prosecution did not make out the offence under Section 306 I.P.C. against the respondent, inasmuch as the prosecution has failed to prove statutory facts required to be proved under Section 107 I.P.C. Further, as per post-mortem certificate, the lower Court noticed that the doctor did not find any conception by the deceased. In the circumstances, the lower Court rightly acquitted the accused for the offence under Section 306 I.P.C.
2. Hence, the Criminal Appeal is dismissed.
___________________________________ SAMUDRALA GOVINDARAJULU, J
August 03, 2010 MD
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL APPEAL No.980 OF 2010
August 03, 2010
1 issue framed by the court
Whether the prosecution proved the statutory facts required under Section 107 I.P.C. for an offence under Section 306 I.P.C.
2 provisions across 1 enactments
The State of Andhra Pradesh
Shaik Masthan
Samudrala Govindarajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
