JUDGMENT :

1. These criminal appeal under Section 374 Cr.P.C. have been preferred claiming the following reliefs: -

“It is, therefore, most respectfully prayed that the appeal of the appellant may kindly be allowed and he be acquitted”.

2. Brief facts of the case as placed before this Court by the learned counsel for the appellant are that on 21.05.2001, the complainant-Purshottamlal (father of the deceased victim) lodged a report, while at Bumkan Hospital, Badi Sadri, alleging therein that on the said day, his daughter (Smt. Girjia Sharma), was married to accused-appellant around 15-16 years ago prior to the date of the incident. After marriage she normally used to visit her maternal as well as her in-laws house. And that, in last 2-3 years of marriage, the accused-appellant has developed an illicit relationship with one nurse, and because of such illicit relationship, the complainant’s daughter’s – (Smt. Girjia) relationship with the accused did not remain cordial. And that because the complainant’s daughter could not bear a child out of the wedlock, the accused-appellant harassed and committed mental cruelty against the daughter of complainant. On count of such harassment and mental cruelty, the daughter of complainant daughter committed suicide.

2.1 On the basis of the aforementioned complaint, an FIR, bearing no. 178/2001, at Police Station Badi Sadri, District Chittorgarh was registered under Sections 306, and 498A of I.P.C. and the investigation commenced; whereupon, a charge-sheet was filed against accused-appellant (Gopal Krishna) and co-accused Smt. Usha under Sections 306 and 498A of I.P.C. Thereafter, the learned Trial Court framed charges against both accused and trial has been commenced and during such trial, prosecution produced 20 witnesses and exhibited 25 documents and also statements under Section 313 Cr.P.C. were recorded. In the defence of the accused, one witness was examined and total 20 documents were exhibited.

2.2 Thereafter, learned Trial Court acquitted the co-accused, Smt. Usha, by giving her the benefit of doubt, but, convicted the accused-appellant for the offenes under Sections 306 and 498A I.P.C. and sentenced him to undergo rigorous imprisonment for a period of 7 years, alongwith a fine of Rs.10,000/- in default of payment fine, he was to undergo further S.I of 6 months.

3. Learned counsel for the appellant submits that the deceased victim, who passed away by suicide, left behind a suicide note, wherein there were no allegations of cruelty or harassment by the husband. And that, in fact it was explicitly stated that neither her husband, the accused-appellant nor his family members were responsible for her act.

4. Learned counsel for the appellant further submits that a perusal of the testimonies of the witnesses, there are no averments of cruelty or abuse, by the husband, towards the deceased victim. Furthermore, the testimony of the advocate, D.W. 1 Radhey Shyam who was the neighbour of the victim, and present in the hospital while the deceased wife was being treated, and that it was his statement, that the police in fact, forced the complainant, Pushottam, to lodge an F.I.R.

5. Learned counsel for the appellant also submits that for the offence under Sections 306 I.P.C. to be made out, there has to be instigation on the part of the accused, which is clearly absent in the present case. Moreover, for the offence under Section 498A I.P.C. to be made out against the accused, cruelty and harassment, either physical or mental, has to be proven, which is also absent in the facts of the present case. And that, the accused therefore cannot be held culpable for the offences herein, in light of the unambiguous and clear suicide note left behind by the deceased.

6. Learned counsel for the appellant further submits that the deceased victim, who were married for about 15/16 years, were unable to have children together, and that the same negatively impacted her mental health and well being.

7. Heard learned counsel