Continuous mental and physical torture, including physical assault, can establish the offence under Section 498A of the Indian Penal Code. The genuineness of a suicide note can be established based on the circumstances of its recovery and the evidence of individuals acquainted with the handwriting of the victim.

Joymalya Bagchi, J.

The Appeal is directed against judgement and order dated 29.1.2015 passed by learned Additional Sessions Judge, 5th Court, Barasat, North 24 Parganas in Sessions Trial No. 8(7) 03 (S.T. 592/14 (new)) arising out of Sessions Case No.3(11) 02 convicting the appellant for commission of offences punishable under Sections 498A/306 of the Indian Penal Code and sentencing him to suffer simple imprisonment for two years and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a further period of one month for the offence punishable under Section 498A of the Indian Penal Code and to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for a further period of six months for the offence punishable under Section 306 of the Indian Penal Code, both the sentences to run concurrently.

2. The prosecution case, as alleged, against the appellant is to the effect that one Iva Chakraborty, the elder sister of P.W.1/de facto complainant, Pritwish Chakraborty was married to the appellant in 1991 and in the course of her matrimonial life, she was continuously subjected to physical and mental torture. The victim narrated such incidents of torture to her brother, Pritwish as well as her other relations.

3. It has further been alleged that the appellant had assaulted the victim while she was pregnant and the child died in the womb. On 7.4.2002 the appellant informed the mother of the victim that her daughter had died. Accordingly, Pritwish Chakraborty and his wife went to the house of the appellant and found the door locked from inside. On opening the window, they found his sister hanging from a ceiling fan. They informed the police and police recovered the dead body of the victim, a white tool and a suicide note written by his sister. On the written complaint of Pritwish Chakraborty, first information report was registered under Sections 498A/306 of the Indian Penal Code against the appellant.

4. In conclusion of investigation, charge sheet was filed under Sections 498A/306 of the Indian Penal Code. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 5th Court, Barasat, North 24 Parganas for trial and disposal. Charges were framed under Sections 498A/306 of the Indian Penal Code and the appellant pleaded not guilty and claimed to be tried.

5. In the course of trial, prosecution examined 15 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of the trial, the Trial Judge by judgement and order dated 29.1.2015 convicted and sentenced the appellant, as aforesaid.

6. Mr. Tiwari, learned counsel appearing for the appellant submits that the prosecution evidence does not establish the ingredients of the alleged offences. The evidence with regard to torture is vague, omnibus and is not supported by any contemporaneous report of the police authorities.

7. He further submits that the evidence of the independent witnesses with regard to torture is also unreliable. There is nothing to show that the conduct of the appellant constituted 'abetment' as defined under Section 107 of the Indian Penal Code and, therefore, conviction of the appellant under Section 306 of the Indian Penal Code is unwarranted. The death of the victim occurred 11 years after her marriage and, therefore, the prosecution cannot get the advantage of any statutory presumption under Sections 113A or 113B of the Indian Evidence Act. The suicide note (Exhibit 5) has not been proved beyond reasonable doubt as opinion of any handwriting expert had not been obtained by the prosecution to prove the said note and, therefore, the note ought not to be relied upon.

8. Without prejudice to such argument, it is submitted that the contents of the suicide note would not, even if believed, disclose an act of abetment by the appellant of t