Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.

JUDGMENT :

1. By way of present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC” for short), the appellants have challenged the judgment and order of conviction and sentence dated 17.07.2003 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Palanpur in Sessions Case No.28/1998, whereby the appellants have been convicted for the offences under Sections 498(A), 306 read with Section 114 of the INDIAN PENAL CODE (hereinafter referred to as “IPC” for short) and thereby sentenced them to undergo three years simple imprisonment and fine of Rs.1,000/-, in default, to undergo two months simple imprisonment for the offence under Section 498(A) read with Section 114 of the IPC and also sentenced to undergo five years simple imprisonment and fine of Rs.2,000/-, in default, to undergo five months simple imprisonment for the offence under Section 306 read with Section 114 of the IPC. It is also ordered to run both the sentences concurrently and appellants shall be given set off for the period which they have undergone during trial.

2. At this stage, it is required to be mentioned that pending this appeal, the appellant no.3 – original accused no.3 passed away and, hence, the present appeal qua the appellant no.3 – original accused no.3 stood abated vide order dated 07.10.2019 and is confined to appellant nos.1 and 2.

3. The brief facts leading to filing of the present appeal are as under,

3.1 An FIR being C.R. No.I-53/1997 came to be registered with Dhanera Station for the offences under Sections 498(A), 306 and 114 of the IPC alleging inter alia that the sister of the complainant married with the original accused no.1 three years prior to registration of the FIR and out of said wedlock, they have been blessed with one boy, who was aged about 5 months at the time of registration of the FIR. It is alleged that the accused persons have meted out mental and physical torture to the deceased on account of insufficient dowry and when the deceased used to visit her parental home, she complained about the ill-treatment at the hands of the accused persons but to save marriage life, the deceased was sent back to matrimonial house. It is alleged that because of the constant mental and physical harassment at the hands of the accused persons, the deceased committed suicide by jumping into the well.

3.2 On the basis of the registration of the FIR, the investigation was carried out and on conclusion of investigation, the chargesheet came to be filed before the court of the learned Judicial Magistrate First Class, Dhanera, where it has been registered as Criminal Case No.816/1997.

3.3. Since the case registered against the appellants-accused was exclusively triable by the Court of Sessions, the Learned Judicial Magistrate, First Class, Dhanera after making inquiry about the suppliance of copies of papers, free of cost to the accused as provided under Section 208 of the Code of Criminal Procedure and upon satisfaction that the accused have engaged own Advocate for defence, committed the case to the Court of Session Judge, Palanpur under Section 209 of the Code of Criminal Procedure, which came to be registered as Session Case No.28 of 1998.

3.4 On committal, the case was transferred and placed for trial before the Learned Sessions Judge, Palanpur, who had initially framed charge against the accused vide Exh.3 for the alleged offences. The charge was read over and explained t