Judgment :-

K.S. Radhakrishnan, J.

1. We are in this case concerned with the question as to whether the relationship between A-1 and A-2 was extra-marital leading to cruelty within the meaning of Section 498A IPC and also amounted to abetment leading to the act of suicide within the meaning of Section 306 IPC.

2. A-1, the first accused, along with A-2 and A-3, were charge-sheeted for the offences punishable under Sections 498A, 304-B and 306 IPC. The Sessions Court convicted A-1 for the offence punishable under Section 498A IPC and sentenced him to suffer RI for three years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-1 was also convicted for offence punishable under Section 306 IPC and sentenced to suffer RI for 10 years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-2 and A-3, the mother of A-1 were, however, acquitted of the various offences alleged against them. The trial Court also acquitted A-1 of the offence charged against him under Section 304-B IPC. On appeal by A-1, the High Court though confirmed the conviction, modified the sentence under Section 498A IPC to two years’ RI and a fine of Rs.2,