The main legal point established in the judgment is the requirement of evidence to establish abetment of suicide under Section 306 of the Indian Penal Code.

JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 27.02.2004 passed by the Learned Additional Sessions Judge, 5th Fast Track Court, Bichar Bhawan, Kolkata in Sessions Trial No. 7(4) of 2003 arising out of Sessions Case No. 65 of 2002 wherein the Learned Trial Court was pleased to convict the appellants and another for commission of offences punishable under Sections 498A/34 and 306/34 of the Indian Penal Code and sentenced them as follows:

i) Rigorous imprisonment for two years and fine of Rs. 5,000/- (Rupees Five Thousand Only) each i.d. to undergo S.I. for six months for offences under Sections 498A/34 of the Indian Penal Code;

ii) Rigorous imprisonment for five years and fine of Rs. 5,000/- (Rupees Five Thousand Only) each i.d. to undergo S.I. for six months for offences under Sections 306/34 of the Indian Penal Code.

2. The genesis of the case relate to a complaint being addressed by one Siya Ram Sah to the Officer-in-Charge Jorabagan Police Station pursuant to which Jorabagan Police Station Case No.95 of 2000 was registered for investigation. The complainant alleged that his daughter Nirmala Sah was married with one Ashok Kumar Gupta on or about December, 1992. At the time of marriage Ashok and his relations demanded Rs. 4 lakhs of cash and other articles but due to financial stringencies the complainant could give only Rs.51,000/- and different household articles. As such after some days of marriage the family members of her matrimonial home used to ill-treat her which included both her husband and her mother-in-law, namely, Janki Devi Gupta. It was also alleged that her sister-in-law, namely, Anita Gupta used to demand the desired amount which the complainant was unable to pay and very often they used to mentally torture the deceased for bringing rest of the amount. However, with passage of time a daughter and a son was born out of the wedlock who were six years and 4 years old respectively, but the movement of the deceased Nirmala was restricted by her husband and she was not even allowed to speak over phone with him or any members of her paternal family. As such when she visited school of her children she could call them and narrate her incident of ill-treatment. On or about 04.05.2000 the complainant received a call that Nirmala was ill. Accordingly being accompanied by his wife, Lalpari Devi and son, Rameshwar Prasad Gupta he went to the matrimonial home of her daughter when he found that his daughter was lying unconscious on the floor in the dinning cum drawing space and all the family members were surrounding the body. It has been alleged that due to continuous torture, ill-treatment and harassment by her husband, mother-in-law and sister-in-law for demand of dowry the death of Nirmala occurred.

3. The Police authorities on conclusion of investigation submitted chargesheet under Sections 498A/306/34 of the Indian Penal Code. The case was committed to the Court of Sessions and finally it was sent for trial and disposal to the Court of learned Additional Sessions Judge, 5th Fast Track Court, Bichar Bhawan, Kolkata. Charges were framed under Sections 498A/306/34 of the Indian Penal Code and the records reflect that the prosecution in order to prove its case relied upon 24 witnesses which included four doctors, one Scientific Expert, five police witnesses and one Executive Magistrate who conducted the inquest and number of documents.

4. Mr. Mondal, learned advocate appearing for the appellants, Ashok Kumar Gupta and Janki Devi Gupta, who are the husband and mother-in-law of the deceased, submitted that the couple were leading a happy married life and as such two children were born out of the said wedlock. Prior to the incident, no allegation at any stage has been made regarding the demand for dowry and after the death of Nirmala Sah the story of mental/physical torture and demand for dowry has been created for falsely implicating the appe