The prosecution must provide convincing evidence to establish charges of cruelty and abetment of suicide; vague allegations are insufficient for conviction.

JUDGMENT :

1. Appellant, husband of deceased Swati, was chargesheeted and tried alongwith his family members i.e. accused nos.2 to 4, for commission of offence under Sections 498-A and 306 read with 34 of the Indian Penal Code (IPC) by 4th Adhoc Additional Sessions Judge, Jalgaon, vide Sessions Case no.2 of 2002 and he alone was held guilty of both charges vide judgment and order dated 26-08-2004, which is assailed herein now.

PROSECUTION CASE IN BRIEF

2. Deceased Swati was married to appellant Rajendra (original accused no.1) on 01-05-1997. At that time, accused was in service at Chakan, Dist.Pune, whereas his native was at Talai. Even deceased Swati worked as Operator at Chichwad, Pune. According to prosecution, barely after 8-10 days of marriage, appellant husband beat Swati and drove her out of the house. Father informant PW4 went and dropped her to appellant. Thereafter, also whenever she came, she reported beating by husband and about husband pressurizing her to quit the job. As she was taken for Diwali at Talai, her employer made her to resign. When mother-in-law came, husband beat Swati for not giving breakfast to his mother at appropriate time. Understanding was given to the accused by her uncle. Appellant also subsequently lost job and therefore, he brought Swati to Talai. Informant received letters from Swati conveying ill- treatment at the hands of parents-in-law and about demand of Rs.40,000/- for arranging employment of his husband. Appellant husband again beat her in June 1998. Inspite of Swati delivering male child, husband and in-laws did not come to see her or the child. Subsequently, husband demanded Rs.40,000/- to the informant for the job. Informant managed to give Rs.15,000/-, but appellant quit said job also. During her life time, Swati wrote three letters i.e. to informant father PW4 Bhagwat and to her uncle PW8 Pundlik conveying ill-treatment and demand. On 24-09-2001 news was received that Swati was serious. When it was learnt that she died due to consumption of poison, father lodged report exh.56.

PW11 Nilkantha Patil (API), who was entrusted with investigation, after gathering evidence, chargesheeted accused and on trial, accused nos.2 to 4 were acquitted from all charges, but accused no.1 - husband alone was held guilty. Appellant husband has therefore, preferred instant appeal.

SUBMISSIONS On behalf of appellant :

3. Learned counsel for appellant would submit that here there is no convincing, cogent evidence either on charge of Section 498-A or Section 306 of the IPC. He pointed out that there is only evidence of PW4 father and PW8 uncle and alleged letters written by deceased, but according to him, even so much evidence is ambiguous and not sufficient to establish guilt. Learned counsel took this court through testimony of PW4 father and PW8 uncle and even answers given by these witnesses in cross-examination and would submit that they both are not consistent and there are variances on material counts. Pointing out to the letters, he submitted that contents of the letters do not suggest that there was any cruelty, ill-treatment on any demand, on the contrary, letters show well being of deceased.

4. Learned Counsel also took this Court through evidence of two ladies i.e. PW9 Kantabai and PW10 Sulbha, neighbours and submitted that their evidence is not trustworthy. Their statements are recorded at belated stage and moreover, they have improvised their version. That their evidence is also ambiguous about ill- treatment and harassment and therefore, such evidence ought not to have been relied. Therefore, it is his submission that evidence of prosecution is lacking the essential ingredients for attracting Section 498-A of the IPC.

5. He pointed out that, there is no evidence in support of charge of Section 306 of the IPC also. He would submit that unless there is evidence suggesting inducement, abetment or enticement or meeting out cruelty of such nature that Swati was left with no other alternative but to en