A.S. Chandurkar, J.

1. The Appellant-Accused No.1 in Sessions Trial No. 109 of 2002 challenges his conviction for having committed offences punishable under Sections 306 and 498A of the Indian Penal Code. By the impugned judgment dated 26th August, 2003, the appellant has been directed to suffer Rigorous Imprisonment for a period of five years for the offence punishable under Section 306 of the Penal Code and for a period of one year for the offence punishable under Section 498-A of the Penal Code.

2. Case of the prosecution is that the appellant was married with one Meena on 16th April, 2000. The couple had a male child out of their wedlock. On 1st April, 2002, the appellant admitted his wife in the Govt. Hospital for treatment. His wife expired on 7th April, 2002 at 11.00 a.m. The father of Meena lodged a report on 9th April, 2002, alleging that on account of unlawful demand of money, his daughter had committed suicide. After the crime was registered, the investigation was carried out. The appellant, his parents and his sister were tried for the aforesaid offences. At the conclusion of the trial, the appellant was convicted in the manner stated herein above, while the other accused were acquitted.

3. Ms. Kshirsagar, learned counsel for the appellant, submitted that there was no sufficient evidence on record brought by the prosecution to prove beyond reasonable doubt that it was the appellant who had committed an offence under provisions of Sections 306 and 498-A of the Penal Code. She submitted that though the father of the deceased had been given the intimation that his daughter was under treatment on 4th April, 2002, a report came to be lodged only on 9th April, 2002 which was two days after her death. She submitted that in his cross-examination, the appellant's father-in-law had admitted that the amounts given by him earlier were as advance. The deposition of PW 2-Jagannath Katre could not be believed as in his statement that was first recorded, there was an omission to state that he had sold she-goats for raising the amounts. According to her, in absence of any specific evidence as to abetment or harassment, the appellant could not have been so convicted. In that regard, she placed reliance upon the judgments of the Honourable Supreme Court in [a] Ramesh Kumar v. State of Chhattisgarh [(2001) 9 SCC 618], [b] Rajbabu & another v. State of Madhya Pradesh [ (2008) 17 SCC 526], and [c] Gurcharan Singh v. State of Punjab [ (2017) 1 SCC 433].

4. Ms. Shamsi Haidar, learned Addl. Public Prosecutor for the respondent, supported the impugned judgment. She submitted that the death occurred within seven years from the marriage of the appellant and hence there was a presumption under provisions of Section 113A of the Evidence Act. There was evidence on record to indicate demand of dowry and its payment. Merely because there was some delay in lodging the report, that by itself was not fatal to the case of the prosecution. He, therefore, submitted that the appellant was rightly convicted by the trial Court.

5. With the assistance of the learned counsel for the parties, I have perused the records of the case and I have given due consideration to the respective submissions.

6. As the conviction of the appellant is for offence punishable under Section 306 of the Penal Code, it would be necessary to refer to the legal position in the light of the law laid down by the Honourable Supreme Court. In Ramesh Kumar [supra], it was held that to attract the provisions of Section 306 of the Penal Code, there has to be instigation to provoke, incite or encourage to do "an act". In Rajbabu & another [supra], it has been held that the Court has to consider whether alleged cruelty was of such nature that was likely to drive the woman to commit suicide. Merely because suicide was committed within seven years of the marriage, the same would not automatically give rise to the presumption that suicide had been abetted by her husband. In Gurucharan Singh