IMPORTANT POINT
There is no embargo on the appellate court to review the evidence or rather it is an obligation to scan and scrutinize the evidence.

Rajesh H. Shukla, J.

1. Both the Appeals arise out of the same judgment and order rendered in Sessions Case No. 68 of 2010 by the learned Additional Sessions Judge, Junagadh dated 29.7.2011 recording the conviction and sentence as stated in detail in the impugned judgment and order.

2. Criminal Appeal No. 1219 of 2011 is filed by the Appellant - State of Gujarat for enhancement of sentence on the grounds stated in the Appeal.

3. Criminal Appeal No. 1090 of 2011 is filed by the Appellants/Original Accused Nos. 2 to 5, challenging the impugned judgment and order rendered in Sessions Case No. 68 of 2010 by the learned Additional Sessions Judge, Junagadh dated 29.7.2011, recording conviction and sentence, on the ground stated in the Appeal.

4. Original Accused No. 1 has not filed the Appeal as he has served the sentence. Further, Appellant No. 3 - Kaviben, D/o Lakhmanbhai Daki Koli (Original Accused No. 4) has died and therefore the Appeal would stand abated qua her.

The facts of the case briefly summarized are as follows.

5. The daughter of the complainant was married to Accused No. 1 and they were residing in a joint family with mother-in-law, brother-in-law and sister-in-law. It is the case of the prosecution that after the initial period, she was ill-treated and harassment was caused to her by the accused persons, including Accused No. 1 being that he does not like her and that she has not brought any dowry. Thus, all the accused persons are said to have caused harassment, which has induced her to commit suicide, for which the complaint came to be filed being I-CR No. 29 of 2010 with Sheel Police Station, Junagadh.

6. Heard learned Advocate Shri Sunil C. Patel appearing in Criminal Appeal No. 1090 of 2011 for the Appellants/Original Accused Nos. 2 to 5 and appearing for Respondents/Original Accused in Criminal Appeal No. 1219 of 2011 and learned APP Ms. Hansa Punani for the Appellant - State of Gujarat in Criminal Appeal No. 1219 of 2011 and for the Respondent - State of Gujarat in Criminal Appeal No. 1090 of 2011.

7. Learned Advocate Shri Patel referred to the testimony of Dr. Alpesh Vrajlal PW-1 at Exh. 13 and referred to the PM report at Exh. 14 and the certificate regarding the cause of death at Exh. 15. He also referred to the FSL report at Exh. 63 and submitted that it is confirmed that the death is caused due to poison consumed by the deceased daughter of the complainant.

8. Learned Advocate Shri Patel submitted that though the deceased has committed suicide, it is required to be considered whether the offence under Sections 498A and 306 of the Indian Penal Code can be said to be attracted and the court below has failed to appreciate the material and evidence on record. For that purpose, he has referred to the testimony of the complainant father PW-6 at Exh. 37 and submitted that a close look at the testimony would clearly suggest that he has admitted that initially for three months, the marriage life was happy. He submitted that the marriage life was hardly about a year and few months, she had returned to the parental house. He pointedly referred to this aspect and submitted that it is also admitted that after five months, when she was sent back after compromise, the deceased daughter of the complainant had come to the parental house with her husband and had stayed there. He therefore submitted that there is no evidence, by which, it could be said that there was any abetment for suicide or necessary ingredients for the offence under Section 306 IPC can be said to have established. He submitted that before the conviction could be recorded for the offence under Section 306 IPC, there has to be mens rea and there has to be a direct act, by which, it can be shown that the deceased was put in a situation that she was left with no option but to commit suicide. Learned Advocate Shri Patel submitted that in the facts of the case, there is no such evidence, and admittedly, when she was visiting the parental house, she had suff