IMPORTANT POINT
When all other living relatives viz husband, sisters-in-law, and brothers-in-law acquitted of charges u/s 498-A, 304-B and 306 IPC as also section 3, 4, 6 of Dowry Act, old mother-in-law alone cannot be convicted u/s 306 IPC that too without evidence.

JUDGMENT :

M.Y. Eqbal, J.:

Leave granted.

2. This appeal by special leave arises out of judgment and order dated 3.1.2013 of the High Court of Uttarakhand in Criminal Appeal No.213 of 2006, whereby Division Bench of the High Court dismissed the appeal preferred by the appellant and affirmed the decision of the trial court convicting her under Section 306 of the Indian Penal Code to undergo three years rigorous imprisonment with fine of Rs.5000/-. The High Court also dismissed the appeal preferred by the State against the judgment of acquittal passed by trial court.

3. The prosecution case in a nutshell is that on 6.6.2001 the complainant of the case viz. Captain Jagtar Singh (PW1) lodged a report Ex.A-1 at P.S. Sitarganj, wherein it has been stated that marriage of his daughter Jagpreet Kaur was solemnized with Upkar Singh son of Harpal Singh on 1.3.2001. The complainant gave the articles in the marriage according to his capacity, but in-laws of his daughter used to demand car etc. and used to taunt and harass his daughter. It was further complained that Jagpreet Kaur told the informant that her in-laws harassed her on account of non-fulfillment of demand of dowry and in the intervening night of 5th/6th of June, 2001, she was compelled to commit suicide. On the basis of this complaint, case was registered against the accused persons under Section 304-B, IPC and the police took into custody a small bottle, cover of which was slightly torned, on which “Cypermethrin High Emulsifable Concentrate (Vet) Elitomin 100 E.C.” was written. Diary Ex.A-2 written by the deceased was also seized. Dead body was sent for postmortem, where no apparent injury except ligature mark on the neck was found. According to the concerned Doctor, cause of death of the deceased was due to asphyxia as a result of ante mortem hanging.

4. Upon investigation, charge-sheet for the offence punishable under Section 304-B, IPC was submitted in the Court of Magistrate, who committed the case to the Court of Sessions for trial. The trial court charged accused persons viz. mother-in-law Smt. Kuldeep Kaur and brothers-in-law Gurlal Singh & Rakesh Grover under Section 498A/304-B, IPC and Section 3/4 of Dowry Prohibition Act, to which the accused persons pleaded not guilty and sought trial.

5. It is worth to mention here that as accused Harpal (father-in-law) had died, case was abated against him, and since deceased’s husband Upkar Singh and sisters-in-law Rupender Kaur and Satender Kaur were absent at the time of filing of chargesheet, their records were taken apart and separate chargesheet was filed against them at later stage. In that case, trial court has acquitted these accused persons by giving them benefit of doubt with respect to allegations alleged against them.

6. To prove its case against Smt. Kuldeep Kaur and Gurlal Singh & Rakesh Grover, prosecution examined eight witnesses, namely, PW1 Captain Jagtar Singh (deceased’s father), PW2 Smt. Gurmeet Kaur (deceased’s cousin sister), PW3 Pyara Singh (deceased’s relative), PW4 Dr. R.A. Kediya (who conducted post-mortem), PW5 Harak Singh Rawat (Tehsildar), PW6 Balwant Singh, PW7 S.I. Sohan Pal Singh and PW8 Dalip Singh (Investigation Officer). In defence, three witnesses were examined. Incriminating evidence was put to the accused persons under Section 313 of the Code of Criminal Procedure, in which they submitted that they were falsely implicated in the case.

7. On appreciation of evidence and material placed on record, the trial court held that the deceased did not commit suicide due to cruelty caused to her in connection with demand of dowry and acquitted the appellant and other co-accused of the offence punishable under Sections 498A/304B, IPC and Sections 3 & 4 of the Dowry Prohibition Act. However, the appellant was held guilty under Section 306, IPC and was sentenced to undergo imprisonment for three years and fine of Rs.5000/-.

8. Aggrieved by the decision of the trial court, respondent-State preferred appea