Absence of credible evidence connecting harassment to suicide leads to acquittal under Sections 498A, 306, and 304(B) of IPC as well as Dowry Prohibition Act.

JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. These two appeals are preferred against the judgment dated 24/01/2013 passed by learned 2^nd Additional Sessions Judge, Khambhaliya in Sessions Case No.22 of 2010 where- under the respondent nos.1 to 3 herein who are A-1 to A-3 in the said case were acquitted of the charges punishable under Sections 498A, 306, 304(B) and 323 read with Section 114 of the INDIAN PENAL CODE and Sections 3 and 7 of the Dowry Prohibition Act.

2. Factual matrix of the prosecution case may be stated as follows:

2.1. Monghiben (herein after referred to as ‘the deceased’) is the legally wedded wife of A-1. A-2 and A-3 are parents of A- 1. Marriage between A-1 and the deceased took place on 13/02/2006. They led conjugal life and one daughter was born to them during their lawful wedlock. It is the case of the prosecution that some time after the marriage that both A-1 who is her husband as well as A-2 and A-3 who are her parents-in-law started harassing her and subjecting her to cruelty demanding money from her. Unable to bear the said harassment, she was constrained to leave the matrimonial house and reside in her parents house for a period of seven to eight months. It is stated that A-2 and A-3 who are her parents-in-law demanded Rs.5,000/- as a condition not to harass her and to allow her to lead conjugal life with her husband. So, PW-6 who is the brother of the deceased paid the said sum of Rs.5,000/- and both A-2 and A-3 together collected the said sum of Rs.5,000/- from him. Thereafter, it is stated that again A-1 demanded Rs.10,000/- and harassed her and stated that he would take her back with him from the house of her parents only if the said sum of Rs.10,000/- is paid. Accordingly, PW-6 who is the brother of the deceased paid the said sum to A-1 and thereafter A-1 took her to his house. While both of them were living together, it is stated that on the evening of 31/12/2009, the deceased called her brother PW-6 over phone and informed him that the accused are demanding Rs.50,000/- from her. Thereafter, on the next day i.e. on 01/01/2010, at about 1:30 p.m. in the afternoon the deceased committed suicide by hanging with her saree. A-1 who is her husband took her to the hospital where she was declared dead.

3. On the report lodged by PW-6 who is the brother of the deceased, police registered a case under Sections 498A, 306, 304(B) and 323 read with Section 114 of the INDIAN PENAL CODE against the accused. The case was investigated. Inquest was held over the dead body of the deceased and thereafter postmortem was held over the dead body of the deceased. The doctor who conducted an autopsy opined that she died due to hanging. After competition of the investigation, the police filed charge sheet against the accused for the aforesaid offences.

4. In the trial court, charges under Sections 498A, 306, 304(B) and 323 read with Section 114 of the INDIAN PENAL CODE and under Sections 3 and 7 of the Dowry Prohibition Act were framed against the accused. They denied the said charges and claimed to be tried.

5. During the course of trial, the prosecution got examined PW-1 to PW-10 witnesses and got marked 20 exhibits to prove its case against the accused.

6. After conclusion of the trial, on consideration of the evidence on record and on appreciation of the same, the trial court found the accused not guilty for any of the said charges levelled against them and acquitted them of the said charges by the impugned judgment.

7. Feeling aggrieved