The judgment emphasizes that, to convict under Section 306 IPC, there must be clear proof of abetment linked to the suicide, not mere allegations of harassment.

JUDGMENT :

M. K. Thakker, J.

1. This appeal is filed under Section 378 of the Cr.P.C., challenging the judgment and order of acquittal passed by the learned Additional Sessions Judge, Court No.17, Ahmedabad, in Sessions Case No.284 of 2008, whereby the accused came to be acquitted of the offences punishable under Sections 306 , 498-A, and 114 of the IPC and Section 31 of the DOMESTIC VIOLENCE ACT .

2. It is the case of the prosecution that on 23.09.2007, the deceased has lodged a complaint while she was admitted in the Civil Hospital due to burn injuries, which were caused at her father's house when she attempted to commit suicide. It is alleged by the complainant that accused No.1 is the mother-in- law and accused No.2 is the husband. She was staying at her parents' house from the date of Raksha Bandhan with her father, namely, Munasinh Babusinh Bhadoriya, her mother - Parvatiben and her sister - Jyoti.

2.1. The marriage of the deceased was solemnized with accused No.2 before 12 years from the date of the incident and initially, she stayed with her in-laws at Maghani Nagar. Out of the wedlock, she had two kids one son and one daughter. It is alleged by the deceased that the husband and the mother-in-law used to torture her on the cause of preparation the meals and used to assault her. If the deceased raised any objection, she was sent to her parental house. She came to her parents' house twice and when she asked her husband to take her at her matrimonial house, the husband said that only after getting permission from his mother she would be taken back.

2.2. On the day of the incident, in the morning at around 10 o'clock, when she was at the house with her sister - Jyoti. The husband - Rajesh came to the house and a quarrel took place between the husband and wife. After the husband left, at around 3:00 o'clock, she committed suicide. She was taken to the hospital by friend of the her brother, where the FIR came to be lodged, being I-C.R. No.147 of 2007 at Meghani Nagar Police Station. On the day, she died, the offence under Section 306 was added. On setting the criminal law in motion, a panchnama including the place of offence as well as the statements of 9 witnesses were taken by the Investigating OfÏcer and after gathering sufÏcient material against the respondents, the charge-sheet came to be filed before the Competent Court. As the case was triable by the learned Court of Sessions, it was committed and the plea was recorded by the learned Sessions Judge. All the accused pleaded not guilty and claimed to be tried. Therefore, in order to establish the guilt of the accused, 9 witnesses were examined and 14 documentary evidence were produced.

2.3 On conclusion of the evidence, the statement under Section 313 came to be recorded, wherein accused No.2 has stated that after the marriage was solemnized with the deceased, the deceased was quarreling on the ground of staying separately. In order to see that the deceased remained happy, he had shifted separately from his parents. However, as the husband used to give money to his parents to meet their routine expenses, the deceased had objected to the same and had tried to commit suicide by consuming the pills. She was taken to Shardaben Hospital and after she recovered, at her instance, she was sent to her parents' house as the festival of Raksha Bandhan was nearby. Thereafter, neither the husband nor any in-laws went to the deceased's house. However, only to implicate them in a false case, the FIR came to be filed, wherein the husband and mother-in-law were implicated as the accused. The learned court, after considering the evidence adduced as well as on examining the evidence of the oral witnesses, had acquitted the respondents - a