Judgment

G.N. RAY, J.:- This appeal has been preferred by the State of West Bengal against the judgment of acquittal dated May 14, 1990 passed by the Division Bench of the Calcutta High Court in Criminal Appeal No. 195 of 1990. By the aforesaid judgment, the conviction and sentences against the accused, Sri Orilal Jaiswal and his mother, Smt. Gujarati Debi Jaiswal, passed by the learned Sessions Judge, 12th Bench of the City Sessions Court, Calcutta on February 29, 1990 in Sessions Trial No. 1 of 1990 was set aside by the High Court and the accused were acquitted of the conviction under S. 306 read with S. 34, IPC. and sentence of 5 years rigorous imprisonment and fine of Rs. 1000/- in default simple imprisonment for 3 months and conviction under S. 498A read with S.34, IPC and, sentence of one year rigorous imprisonment, and a fine of Rs. 1000/- in default to suffer simple imprisonment for three months.

The prosecution case in short is that Usha Jaiswal had committed suicide by hanging on April 19, 1986 in the house of her husband and the in-laws within a year from the date of marriage which was solemnised between Usha Jaiswal and the accused No. 1, Orilal Jaiswal on May 31, 1985. It is the case of the prosecution that it was a negotiated marriage and according to the demand of the accused persons and other members of the family of in-laws sufficient dowry including colour T.V., motor cycle, gold ornaments etc. had been given at the time of marriage. The prosecution case is that the deceased, Usha Jaiswal, who was only 20 years old had been treated cruelly and had been tortured both mentally and physically by the accused. It has been alleged that within a few days after the marriage, the father-in-law of the accused No. 2 had died and the accused No. 2 had treated the deceased cruelly by telling her that she was a woman of evil luck (alakshmi) and because of her evil luck, the father-in-law had died shortly after the marriage. It has also been alleged that after the marriage, the deceased, Usha Jaiswal, had conceived but there had been art abortion after being admitted in the hospital. The accused No. 2, the mother-in-law of the Usha Jaiswal caused severe mental pain by telling her in the hospital itself that she was a woman of evil luck and that she had swallowed her baby and she should commit suicide. It has also been alleged that the accused No. 1 the husband of the deceased often used to come home drunk and physically assault the deceased. Both the husband and his mother had also caused severe mental torture to the deceased by telling that she had brought bridal presents of sub-standard quality and such articles should be taken back and dowry gifts of good quality should be brought. It has been alleged by the prosecution that as a result of such physical and mental torture by the accused persons, the deceased became unhappy and on several occasions when she had come to her fathers house, she complained that she had been maltreated and tortured both physically and mentally with cruelty by the husband and mother-in-law in the manner aforesaid. It has also been alleged that even on the day when the deceased had committed suicide, namely on April 19, 1986, the accused No.1, Orilal Jaiswal, came to the parental house of the deceased at about 10-00 a.m. and informed the mother of the deceased that his wife and mother had been quarrelling and she should go to his house for settlement but the mother of the deceased then informed the accused No. 1 that she would send her son the next day to the house of the accused persons but shortly thereafter, a brother of the deceased came to the house and informed the other brother and the mother that something had happened to his elder sister, namely, the deceased and she had been taken to the hospital. The elder brother and thereafter parents and other relations of the deceased rushed to the hospital when they were informed that the deceased Usha Jaiswal had committed suicide.

2. The brother o