The main legal point established in the judgment is the requirement of evidence to prove abetment of suicide under Section 306 of IPC, and the consideration of the appellant's circumstances in sentencing.

P.S. TEJI, J.

1. Present appeal has been filed by the appellants being aggrieved by the judgment of conviction dated 04.06.2001, passed by the learned Additional Sessions Judge, New Delhi, thereby convicting the appellant – Muslim for the offence punishable under Section 306/498-A of Indian Penal Code (hereinafter referred to as I.P.C.) and the appellant – Yusuf for the offence under Section 498-A of IPC. Consequent thereto, vide order on sentence dated 07.06.2001, the appellant – Muslim was sentenced to undergo rigorous imprisonment for 4 years with fine of Rs.100, in default of payment of fine, he was ordered to undergo further rigorous imprisonment for a week for the offence punishable under Section 306 of IPC and to undergo rigorous imprisonment for 3 years with fine of Rs.100/- and in default of payment of fine, to further undergo rigorous imprisonment for one week for the offence under Section 498-A of IPC. Vide same order, the appellant – Yusuf was ordered to undergo rigorous imprisonment for one year with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month for the offence under Section 498-A of IPC.

2. The prosecution case is, that a married lady had taken her life by hanging herself from an iron rod fixed in the ceiling of the first floor room of the house of the appellant. The incident was noticed by Chhoti Bano, the sister-in-law (nanad) of Sabri (deceased). The wire was cut with the help of a chhuri. An information was given to the police at Police Station Mehrauli, which was recorded vide DD No.11-A. The dead body of Sabri was found lying on the cot.

3. The present case was registered on the statement of one Usman (PW-5), father of the deceased Sabri. He stated in his statement that his daughter was married to Muslim and was blessed with a son Mustakeen. After her marriage, appellants – Muslim and Yusuf (brother of Muslim), alongwith his wife Maimoona used to taunt his daughter for bringing insufficient dowry. Appellant – Yusuf Khan and his wife Maimoona used to taunt the deceased that as her father had given nothing in the marriage, they would get the accused Muslim married gain with some other girl. It was further stated that after the birth of Mustakeen, appellant – Muslim left PW-5 Usman’s daughter in his house. After about two or two and half years, both the appellants visited PW-5’s house to take back the deceased. They demanded Rs.20,000/- in cash and a motor cycle. It is further stated that at that time, Israel, Sarpanch, Chau Khan – Member Panjayat, Jasmat Hazi Chowdhary were present and the appellants raised this demand in their presence. He gave Rs.5,000/- to Muslim at the instance of Panchas and made a promise that he would give the remaining amount of Rs.15,000/- and a motor cycle on a subsequent occasion. His daughter was taken back by the appellants. Thereafter, about a month or quarter, later, an information of Natia Pradhan of Village chananhola informed that his daughter had died. He alongwith other persons of his village went to the house of the appellants where the police had already arrived. The dead body of his daughter was lying on a cot in a room. PW-5’s statement was recorded by the police and he raised a suspicion that his daughter had been killed by appellants.

4. After recording the statement of Usman, the jewellery on the body of the deceased, one knife, one electric press and two wires were taken into police possession from the spot. Post mortem of the body of deceased was conducted. FIR was registered and after completion of the investigation, the appellants were charged with the offence punishable under Section 498-A/306/34 of IPC, to which they pleaded not guilty and claimed trial.

5. To prove the charges against the appellants, the prosecution examined 14 witnesses. They are, Head Constable Suraj Bhan (PW-1); Israil (PW-2); Head Constable Shabir Ahmed (PW-3); Head Constable Babu Khan (PW-4); Usman (PW-5), Chau Khan (PW-