JUDGMENT :-

A.K. Patnaik, J.

This is an appeal against the judgment dated 03.12.2003 of the Bombay High Court, Nagpur Bench, in Criminal Appeal No.10 of 1991 by which the High Court has maintained the conviction of the appellant for offences under Sections 306 and 498A of the Indian Penal Code (for short ‘the IPC’) and the sentence of rigorous imprisonment of three years and a fine of Rs.5,000/- for each of the aforesaid two offences by the Sessions Court.

2. The facts very briefly are that a written report was lodged by Gorsing Shewa Pawar (hereinafter referred to as ‘the informant’) on 17.07.1988 in the Police Station, Pusad (Rural). In this report, the informant stated that the appellant got married for the second time to his daughter Purnabai with the consent of his first wife with a hope to get a son from Purnabai and he treated her well for the first 2 to 2½ years but when she delivered a female child, the appellant and his family members started beating and harassing Purnabai and also did not provide her with meals and on 16.07.1988, the informant received a message that Purnabai died by drowning in the well at Bhandari. The informant has further stated in the report that he reached Bhandari in the evening and came to know that Purnabai had not been given food for two days and was ill-treated with an intention to ensure that she leave the house and because of such ill-treatment Purnabai jumped into the well along with her daughter Nanda and committed suicide. On the basis of the written report, an FIR was registered under Sections 306 and 498A of the IPC and after investigation, a charge-sheet was filed against the appellant, his first wife, his father and his mother and they were all tried for offences under Sections 306 and 498A read with Section 34 of the IPC in Sessions case No.29/1990.

3. At the trial, altogether eight witnesses were examined. The informant was examined as PW-1, the sister of Purnabai was examined as PW-4, the Police Patil of Bhandari was examined as PW-5 and the Investigating Officer was examined as PW-8. At the trial, a written undertaking dated 17.04.1988 signed by the appellant to give equal treatment to both his wives was marked as Ext.47 and a written undertaking signed by Purnabai to behave properly in future was marked as Ext. 48. The learned Sessions Judge considered the evidence and, in particular, the evidence of PW-1 and PW-4 as well as Ext.47 and held that the presumption as to abetment by the husband and his relatives of suicide by a married woman as provided in Section 113A of the Indian Evidence Act, 1872 was attracted and the appellant, his first wife, his father and his mother were all guilty of the offences under Sections 306 and 498A read with Section 34, IPC. After hearing the accused persons on the sentence, the learned Sessions Judge sentenced each of the accused persons to rigorous imprisonment for three years in respect of each offence and in addition, for a fine of Rs.5,000/- each in respect of each offence by judgment and order dated 09.01.1991. Aggrieved, all the accused persons filed Criminal Appeal No.10 of 1991 before the High Court and by the impugned judgment dated 03.12.2003, the High Court set aside the conviction and sentence of the first wife, the mother and the father of the appellant and acquitted them of the offences, but maintained the conviction of the appellant as well as the sentence imposed upon him by the learned Sessions Judge.

4. Learned counsel for the appellant submitted that the High Court has relied on Ext.47 and Ext.48 as well as evidence of PW-1 and PW-4 to come to the conclusion that the appellant had ill-treated the deceased Purnabai on account of which she had committed suicide by jumping into the well along with her daughter. She submitted that there is nothing in Exts.47 and 48 to indicate that the appellant had actually ill-treated Purnabai. She submitted that Exts.47 and 48 would show that the appellant had undertaken before the Panchas to giv