The main legal point established in the judgment is the importance of proving mental cruelty and establishing a proximate link between the cruelty and the suicide in cases involving abetment of suicide and offences under Sections 498A and 306 of the Indian Penal Code (IPC).

1. Wasim challenges the impugned judgment dated 17th February, 2017 convicting him for offences punishable under Sections 498A/306 IPC and the order on sentence dated 18th February, 2017 directing him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/-, in default whereof to undergo simple imprisonment for a period of one month, for offence punishable under Section 498A IPC and rigorous imprisonment for a period of four years and to pay a fine of Rs.50,000/-, in default whereof to undergo simple imprisonment for a period of six months, for offence punishable under Section 306 IPC.

2. Assailing the conviction, learned counsel for the appellant contends that the appellant was charged for offence punishable under Section 304B IPC but was convicted for offence punishable under Section 306 IPC. Section 306 IPC cannot be said to be a minor offence in relation to offence punishable under Section 304B IPC within the meaning of Section 222 Cr.P.C. for the reason that the two offences are of distinct categories. Reliance is placed upon the decision of this Court reported as (2016) 232 DLT 318 Smt. Ramo Devi v. State. Secondly, from the suicide note, it is clear that the deceased had not blamed anyone for her death. She also did not mention about any harassment including alleged extra marital affair of the appellant. Furthermore, it cannot be said that the appellant harassed the deceased soon before her death or instigated her to commit suicide because the appellant had gone to Nagercoil, Kanyakumari on 24th October, 2015 for his job and the deceased committed suicide on 27th October, 2015 when the appellant was not even present in Delhi. Reliance is placed upon the decision of the Supreme Court reported as 2006 (1) CAR (SC) 49 Harjit Singh v. State of Punjab. There are major contradictions in the testimony of the family members of the deceased. There was no mention of dowry demand in statements of Ashwani and Sunita recorded under Section 161 Cr.P.C. and before the SDM. However, they improved their version in their depositions the Court. There is delay of 9 days in lodging the FIR. Poonam has not been examined as a witness to prove the alleged extra marital affair, hence, the same cannot be the basis of conviction.

3. Learned APP for the State on the other hand submits that the call detail records from September 2015 to November 2015 between the appellant and Poonam explicitly reflect the extra marital affair between them. Furthermore, from the testimony of the brother, mother and father of the deceased the prosecution has proved its case that the appellant had threatened the deceased to leave him.

4. Process of law was set into motion on 27th October, 2015 at around 6:36 P.M., when an information was received from wireless operator that a lady had hanged herself near MCD school, Nirthari Village. Aforesaid information recorded vide DD No. 74B (Ex. PW-21/A) was entrusted to SI Bijender Dahiya (PW-23) who along with Ct. Sandeep (PW-21) reached House No. 534, Nithari Village. By that time, body of the deceased Moni @ Moniya had already been brought down from the hanging condition. It was noticed that the door had been pushed open from outside and Moniya had committed suicide by bolting the door of the said room from inside. Broken latch (chitkani) was found lying. Crime team was called at the spot. Spot was photographed by Ct. Rakesh Kumar (PW-8). One suicide note (Ex.PW-12/A) inside a magazine, a ball pen and a pair of slippers were found lying in the room which were seized vide memo Ex. PW-21/C. One white sheet along with one chunni with which Moniya committed suicide were also seized vide Ex.PW-21/B. Body was sent to SGM Hospital for preservation in mortuary and postmortem was got conducted. Statement of Ashwani, brother of deceased, was recorded vide Ex.PW-7/A by Amit Kumar Singh (PW-7), Executive Magistrate.

5. FIR No. 1376/2015 (Ex.PW-2/A) was registered under Sections 498A/304B IPC at