IMPORTANT POINT
When there are glaring improvements and contradictions in evidence which materially affect creditworthiness of prosecution case, charge against accused could not be said proved.

JUDGMENT

Santosh Hegde, J.-Being aggrieved by the judgment of the High Court of Judicature at Bombay, the appellant has preferred this appeal. By the said judgment said High Court confirmed the conviction and sentence imposed on the appellant by the Court of Sessions Judge at Nasik for offences punishable under sections 498A and 306 IPC. Brief facts necessary for the disposal of this appeal are as follows:

2. The appellant herein was married to one Jayashree about 10-11 years before the death when took place on 8.5.1998. The cause of death was suicide by consuming pesticides. It is the prosecution case that about 15 days before the death of said Jayashree she had visited her parents who were staying in village Chitegaon which was a neighbouring village to the one in which the appellant and Jayashree was staying with their family namely village Konambe. During the abovesaid visit to her parents, it is stated she told her brothers that she was sent by her husband to bring a sum of Rs. 5,000. It was also the case of the prosecution that she did express that her husband was mal-treating her and physically abusing her for bringing said money. On such request being made by the deceased, it is stated that her brothers told her that they will make arrangements for sending the said money. Shortly thereafter Jayashree returned to her husband leaving behind one of her sons whom she had taken along with her. On 7.5.1988 it is stated Vilas PW-6 who is the son of one of the brothers of the deceased visited village Konambe along with the son of the appellant by name Kiran whom the deceased had left behind in her parents house but he did not bring the promised amount. It is stated that PW-6 stayed overnight at Konambe, though not in the house of the appellant, but visited the appellant s house, which is a farm-house situated in the lands belonging to the family of the appellant, on 8.5.1988 in the morning when this witness saw appellant quarrelling with the deceased and even beating her. It is stated that PW-6 then returned to his village Chitegaon and informed PW-2 Ranganath one of the brothers of the deceased about what he had seen in the house of the appellant. The prosecution further alleges that at about 2 p.m. on that day some villagers of Konambe came and told PW-2 that his sister had died. On hearing this news PW-2 and another brother of his along with some villagers went to Konambe and saw the dead body lying on a cot in front of the farm-house. Suspecting some foul play it is stated that PW-2 went to Police Station Sinnar and lodged a complaint of unnatural death of his sister, pursuant to which a case was registered and after investigation the appellant and his father by name Vishnu Anand Davare were charged for offences punishable under sections 498A and 306 read with 34 IPC before the learned Sessions Judge, Nasik and after trial the said court came to the conclusion that the prosecution while failing to establish its case against A-2 the father of the appellant herein, has established its case against the appellant, therefore, punished him for an offence punishable under section 306 IPC and sentenced him to undergo RI for 2 years and further to pay a fine of Rs. 250. It further convicted the appellant for an offence punishable under section 498A IPC and sentenced him to undergo RI for one year and to pay a fine of Rs. 250. The substantive sentence were directed to run concurrently.

3. As stated above, an appeal filed against the said conviction and sentences in the High Court of Bombay came to be dismissed.

4. Mr. Gaurav Agarwal, learned counsel appearing for the appellant contended that though prosecution had examined about eight witnesses and exhibited certain documents, it has failed to establish that the appellant either abetted the suicide of Jayashree or had in any manner subjected her to cruelty. The prosecution evidence in this regard, according to learned counsel, has failed to establish the required ingredients of section