In cases of alleged abetment of suicide, the prosecution must prove direct or indirect acts of incitement to the commission of suicide, and the evidence must establish that the victim was left with no other alternative but to end their life.

JUDGMENT

Rai Chattopadhya, J. - Appellants are the son and his mother respectively who are convicted and sentenced to suffer imprisonment by the Trial Court for the offence under sections 498A and 306 of the Indian Penal Code. The appellants are aggrieved with the judgment and order of the Trial Court dated 27th September 2012 and 28th September 2012 respectively and they challenge the said judgment in this appeal.

2. Appellants faced trial in Sessions Trial No. 3(11) of 2004 arising out of Sessions Case No. 27(6) of 2004. The unfortunate suicidal death of the wife of the Appellant No.1 prompted initiation of the criminal case against both the appellants. The death occurred on 1st January 2000. FIR was lodged on 2nd January 2000 by the mother of the deceased. The complainant narrated in the FIR that her daughter Shila Mullick was married to the appellant No.1 on 1st May 1999. That the marriage was never a happy one. Her daughter has always been subjected to mental and physical cruelty and torture perpetrated by the appellant No.1. She was subjected to physical assault. Dowry was provided to the appellant No 1 and his family as per their demand, comprising of cash and gold ornaments, though however the appellants were not satisfied with that. The victim during her lifetime and in her matrimonial life was constantly pressurized to bring more money from her paternal house. 20 days before her death an amount of Rs.10,000/- was provided by the complainant to the appellant and his family on their demand. In spite of every endeavor made by the complainant to satisfy the demand of the appellant and his family, they did not seize torturing the victim. The complainant has stated that due to such continuous and incessant mental torture and physical assault perpetrated by the appellant No.1, the victim was forced to commit suicide by taking poison.

3. On the basis of the FIR as mentioned above, a police case was registered being Bagda Police Station Case No. 4/2000 dated 2.1.2000, under sections 498A and 306 IPC. Investigation was done and the same ultimately culminated into filing of charge sheet by police against both the appellants under the afore stated provisions of law. Case was committed to the Sessions Judge by the Magistrate and upon framing of charge on 24th November 2004, the trial commenced. Charges were framed against both the appellants under sections 498A IPC and 304B alternatively 306 IPC.

4. In trial, the Prosecution cited 15 witnesses. Witnesses may be categorized as mentioned here in bellow:

5. Documents and signatures exhibited in trial court may be categorized as here in bellow :

6. The Trial Court scrutinized the evidence on record, examined the appellants under section 313 Cr.P.C and ultimately has come to the finding that the prosecution in this trial has been able to prove the charges against both the appellants under sections 498A and 306 IPC. Upon such finding the Trial Court has convicted the present appellants and sentenced them to suffer rigorous imprisonment for five years and fine of Rs.4000/-. It was also stipulated that in default of payment of fine they would undergo a further period of six months of rigorous imprisonment.

7. Being aggrieved with the said judgment and order of conviction and sentence passed by the T