IMPORTANT POINT
Clear evidence of cruelty and a direct causal link to the suicide are essential for conviction under Sections 498(A), 304(B), and 306 of the IPC.

JUDGMENT :

(Ananya Bandyopadhyay, J.) :

1. This appeal is preferred against the judgment and order dated 26.03.2009 and order of sentence dated 27.03.2009 passed by the Learned Additional 1st Sessions Judge, Fast Track (Court) Paschim Medinipur in Sessions Trial Case No. 59/July/2008 arising out of Kotwali Police Station Case No. 238/07 dated 06.10.2007 whereby convicting the appellant for the offences punishable under Section 498(A)/304(B)/306 of the Indian Penal Code and thereby sentencing the appellant to suffer rigorous imprisonment for 3 years and to pay fine of Rs. 1000/-in default to suffer simple imprisonment for 60 days for the offence punishable under Section 498(A) of the Indian Penal Code, 1860 and further sentencing the appellant to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 2000/-in default to suffer simple imprisonment for 90 days for the offence punishable under Section 304(B) of the Indian Penal Code and also sentencing the appellant to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 2000/-in default to suffer simple imprisonment for 90 days for the offence punishable under Section 306 of the Indian Penal Code and the sentences of imprisonment shall run concurrently.

2. The prosecution precisely stated that a complaint to have been filed by the mother of the deceased victim, inter alia, stating that her daughter was married to the appellant on 08.08.2001 satisfying the demand of dowry including a sum of Rs.40,000/-in cash, gold ornament, brass utensils, bedding, cot etc. After a year of the aforesaid marriage the victim gave birth to a girl child. The victim was unnecessarily coerced to obtain money from the de-facto complainant. During the lifetime of her husband she ably provided the same however failed to meet such demands after the demise of her husband which resulted into physical and mental torture to be inflicted upon victim by her husband, father-in-law and mother-in-law which aggravated gradually and negotiation on her part failed due to their poverty. On 03.140.2007 she was informed that her daughter was admitted at Medinpur Medical College in serious condition. The de-facto complainant accompanied by her son learnt that the victim was admitted at the aforesaid hospital in dead condition. It further revealed that the victim committed suicide by hanging early in the morning on 03.10.2007 owing to the torture by her husband, father-in-law and mother-in-law. The de-facto complainant learnt from a reliable source that her daughter had written a suicidal note which was concealed from them. The son of the defacto complainant went to the matrimonial house of the victim to withdraw the girl child. The defacto complainant suspected that the victim was murdered and thereafter hanged by the accused persons.

3. Based on the aforesaid complaint Kotwali P.S case no.238 of 2007 dated 06.10.2007 under Sections 498/306 IPC was instituted. On completion of the investigation, charge-sheet was submitted. Subsequently charges were framed to which the accused persons pleaded not guilty and claimed to be tried.

4. The prosecution cited 12 witnesses and exhibited certain documents.

5. Learned Advocate for the appellant submitted that –

i. By dint of the cross examination the entire prosecution case was refuted which caused serious prejudice to the appellant as the same were not considered.

ii. PW-1, the mother of the victim deposed before the Court that till date did not know as to why her daughter committed suicide.

iii. From the evidence of the PW-1 was clear that the purported torture allegedly inflicted upon the victim was not culpably so vigorous in nature that in ordinary circumstances could lead a person to commit suicide.

iv. The evidence of PW-4, the maternal aunt stated that the matrimonial life of the victim had been good and she bore a female child. She had no knowledge if it had deteriorated in the later part.

v. The evidence of the partisan witnesses are absolutely equal to a