Insufficient evidence led to reversing conviction for cruelty under Section 498-A, emphasizing the need for clear allegations and proof beyond a reasonable doubt.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This criminal appeal has been filed challenging an order of conviction dated December 6, 2003 passed by the Learned Additional Sessions Judge, 4^th Court Nadia under Section 498-A of the Indian Penal /code and sentencing each of them to undergo R/I for 2 years and to pay a fine of Rs. 5000 each in default to undergo further R/I for 6 months each.

Fact of the case

2. A complaint was lodged before the Officer-in-charge of police Bethuadahari, Nadia by the brother of the deceased victim against the present appellants alleging inter alia that his sister was given marriage with Biswajit Saha about 1 and ½ years ago and she was subjected to torture by the present appellants being the mother-in-law and the brother-in-law. It was further alleged that on December 27, 2000 they set his sister ablazed putting her inside the bathroom after closing the door. On the basis of such complaint Nakasipara P.S. case no. 209 of 2000 dated December 28, 2000 started under Section 498-A /304 B of the Indian Penal Code. On completion of investigation the charge-sheet was submitted against the present appellants under the aforesaid Sections and after commitment the matter was transferred before the Learned Additional Sessions Judge 4^th Court Nadia for disposal since the charges were sessions triable. The Learned Court after hearing the parties framed the charges under Section 498-A and 304-B against the appellant and the contents of the same was read over and explain to them to which they pleaded not guilty and claimed to be tried. Hence the trial commenced.

3. The Learned Trial Court after considering the evidence adduced before the Learned Court by the prosecution witnesses and the documents exhibited before the Learned Court and also considering the submissions made on behalf of the prosecution as well as the defence counsel passed the judgement of conviction against the present appellant under Section 498-A of Indian Penal Code. However they were found not guilty by the Learned Court in respect of the charge under Section 304-B of the Indian Penal Code and were acquitted from the said charge. Being aggrieved thereby this appeal has been filed before this court for setting aside such order of conviction.

Submissions

4. The Learned Advocate appearing on behalf of the petitioner would submit that the prosecution miserably failed to prove the charge under Section 304-B before the Learned Court and accordingly the order of acquittal was passed by the Learned Court and despite such order of acquittal, passed the order of conviction under Section 498-A of Indian Penal Code when there was no cogent evidence on record against the accused/appellants and the judgement is based on surmises and conjectures. Further argued that though allegations were levelled against other accused persons they have not arraigned as an accused persons. The talk of settlement was between the husband of the victim as stated by the de-facto complainant but the husband was not made an accused person.

5. P.W. 7/Doctor deposed that the death seems to be suicidal in nature but to be confirmed by other circumstantial evidence and the prosecution failed to lead any circumstantial evidence to prove that death of the victim was suicidal. The Learned Court was of clear opinion that the prosecution has not been able to prove that there were any ingredient to attract Section 306 of the Indian Penal Code. Therefore, nothing was proved before the Court that there was any demand of dowry on behalf of the present appellants or the other family members and or due to non-payment of such dowry she was inflicted with physical and mental torture. No independent witness has suppo