The judgment established the need for clear mens rea to commit the offence of abetment to suicide and the requirement for harassment to amount to cruelty under Section 498A of the Indian Penal Code.

Rajesh H. Shukla, J.

1. The present Appeal is directed against the judgment and order rendered in Sessions Case No. 281 of 2005 by the learned Additional Sessions Judge, Vadodara dated 6.01.2007 recording acquittal of the Respondents - Accused persons for the offence under Section 498A, 306 read with Section 114 of the Indian Penal Code as well as for the offence under Sections 3, 5 and 7 of the Prevention of Dowry Act.

The facts of the case briefly stated are as follows.

2. On 26.12.2014, the deceased daughter of the complainant was married to the Respondent No. 2 at Maharashtra and at that time dowry of Rs. 1,25,000/- as agreed was given. After the marriage the deceased daughter of the complainant was residing at matrimonial house with the accused persons and initially the matrimonial life was smooth. However, after few months, Respondent No. 2 - Accused (husband) dropped the deceased daughter of the complainant to the parental house stating that at the time of marriage though it was promised to give eleven tolas of gold which has not been given and therefore he had left her to the parental house. Thereafter on the next day the in-laws came and took the daughter of the complainant to the matrimonial house. Thereafter again in the month of March, Respondent No. 2 had dropped the deceased daughter of the complainant and the deceased daughter of the complainant is said to have stated that the harassment is caused to her and she has been abused. Further, it was stated that she has been asked to bring Rs. 50,000/- for the purpose of bore well. However, after some understanding she was sent to the matrimonial house and on 30.4.2005 in the morning a phone call was received by the complainant where the deceased is said to have asked and talked to the mother and thereafter in the afternoon they received a phone call that deceased has committed suicide. On the basis of the complaint given by the complainant father the investigation was made and it was culminated in the FIR being I-CR No. 159 of 2005 registered with Makarpura Police Station for the alleged offence as stated above.

3. After the investigation was over the charge sheet was filed for the offences as alleged and as it was triable by the court of Sessions, it was committed to the Sessions Court.

4. Thereafter the learned Sessions Judge framed the charges for the offences as stated above and proceeded with the trial.

5. In order to bring home the charges levelled against the accused persons the prosecution has examined the witnesses including the complainant father and also produced the documentary evidence which shall be referred to in the judgment hereinafter.

6. After the recording of the evidence of the prosecution witnesses was over the learned Sessions Judge recorded the further statement of the Respondents - Accused persons under Section 313 of the Code of Criminal Procedure. Thereafter the defence witnesses were also examined.

7. After hearing learned APP as well as learned Advocate for the accused, learned Sessions Jude recorded the acquittal as stated hereinabove. It is this judgment and order which has been assailed in the present Appeal on the ground inter alia that the court below has committed an error in appreciation of evidence.

8. Heard learned APP Shri H.L. Jani for the Applicant State of Gujarat and learned APP Shri Manish J. Patel for the Respondents - Accused persons.

9. Leaned APP Shri H.L. Jani referred to the charge as well as testimony of the complainant father PW-3 at Exh. 23 and submitted that he has supported his complaint at Exh. 23. He submitted that as transpires from the testimony of the complainant there was a demand for which the harassment was caused to her. He also referred to the testimony of PW-4 and PW-5 and submitted that they have also corroborated the testimony of the complainant father. He submitted that as it transpires from the record there was a demand for dowry. Initially it was settled to Rs. 1,20,000/- and as stated by the compla