JUDGMENT

K.R.Shriram, J. - Both these appeals are challenging the impugned order and judgment dated 21st March 2011, passed by Asst. Sessions Judge, Greater Mumbai, acquitting respondent (accused) of offences punishable under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) and 306 (Abetment of suicide) of the Indian Penal Code.

2. A lady by name Vigya, who committed suicide by hanging on 22nd May 2005 at her matrimonial home, was married to accused. The marriage, which was a love marriage, took place on 14th December 1997. Both were well qualified and were working in a company in Delhi. Vigya and accused started residing in Delhi from January/February 1998. They had a son by name Siddhant.

3. Sometime in October 2004, Vigya got a job offer from a company in Mumbai. Vigya resigned her job in Delhi and moved to Mumbai and started residing at her parent's house. Thereafter, accused also moved to Mumbai in February 2005, as he also got a job in Mumbai. Accused and Vigya were residing with the parents of Vigya, i.e., P.W.2 and P.W.3. A month or so later, Vigya and accused moved to the house of parents of accused in Mulund, Mumbai. Vigya and accused also engaged a full-time maid one Amita Kadam, who is P.W.-5, as both accused and Vigya were employed.

4. It is alleged that accused decided to purchase a house at Andheri for Rs 33,06,000/-. As accused was falling short of Rs 10,00,000/-, accused started demanding from Vigya to bring that money from her parents and due to non-fulfillment of this demand, accused started harassing and torturing Vigya. I have to note it is prosecution's specific case that at this point the torture and harassment started, which is much after February 2005. As noted earlier, accused and Vigya lived together in Delhi from January/February 1998 till October 2004. There is also a general allegation that when accused and Vigya were in Delhi, there also accused harassed Vigya, without adducing any evidence to back this allegation. Why was he troubling ? nobody states anything. According to prosecution, Vigya tired of harassment and ill treatment, hung herself to death on 22nd May 2005. An information was given to the police and the police registered an accidental death case no. 61 of 2005 and prepared inquest panchnama and spot panchnama. Admittedly, in the initial inquiry, P.W.-2 and P.W.-3 (parents of Vigya) did not make any complaint or grievance against accused about the cause of death of Vigya . During the inquiry, the police were informed that Vigya was moody and after recording the statements of P.W.-2 and P.W.- 3, postmortem was done and body was handed to P.W.-2, the father of Vigya.

5. Three months after the death of Vigya, the mother of Vigya P.W.-3, made a complaint in writing that accused murdered Vigya by throttling her on account of non-fulfilment of unlawful demand of Rs.10,00,000/-. The police re-investigated the matter and arrived at a conclusion that the Vigya had committed suicide and it was not a case of murder. The police filed charge sheet before the Metropolitan Magistrate 27th Court, for offence punishable under section 498A and 306 of IPC. As the charge under section 306 was exclusively triable by the court of Sessions, the case was committed to the court of Sessions for trial. Charges were framed and accused pleaded not guilty and claimed to be tried. According to accused, Vigya was a careeroriented girl and short tempered, which resulted in commission of suicide.

6. To bring home the guilt, prosecution led evidence of 6 witnesses namely: Mr. Vyanku Balu Naik, PSI as P.W.-1, and it was this person, who had conducted the inquiry soon after the death of Vigya, Mr. Gudakesh Narendrakumar Saxena, father of Vigya as P.W.-2, Smt. Vinodi Saxena, mother of Vigya (complainant) as P.W-3, one Master Aditya Shah who is, Vigya's sister's son as P.W.-4, Ms. Amita Kadam, maid working at house of accused as P.W.-5 and Nivrutti Kokre, Investigating Officer as P.W.-6. After c