The need for substantial evidence to prove charges under Section 498-A IPC and the requirement of proof of direct or indirect acts of incitement to establish abetment under Section 306 IPC.

JUDGMENT

1. This criminal appeal has been preferred by the appellantState against the judgment dated 15.07.2014 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Udaipur (’trial court’) in Sessions Case No.25/2013, whereby the accused-respondents were acquitted by the learned trial court of the offences under Sections 498-A and 306 IPC.

2. Learned Public Prosecutor appearing on behalf of the appellant-State submits that a written report dated 03.02.2011 at about 06:45 p.m. was lodged by one Smt. Leela Devi (complainant) widow of Rajendra Kumar Nagarachi before the Police Station, Dabok, alleging therein that about four years prior to lodging of the said report, they got her daughter, namely, Meena Kumari (deceased-victim) married to one Devi Lal s/o Mangilal Nagarachi.

2.1 Learned Public Prosecutor further submits that on the date of lodging of the report, the parents of the deceased-victim got an information that her in-laws (Mangilal Nagarachi - father-in-law; Smt. Kailash Devi (accused-respondent No.2) - mother-in-law; Kala Devi - sister-in-law (Nanad) and; Durgesh (accusedrespondent No.1) - brother-in-law (Devar), after pouring kerosene on her, set the deceased-victim on fire, who thereafter, was admitted in the Burn Ward in M.B. Hospital, Udaipur; at the relevant time, age of the deceased-victim was 22 years.

2.1.1 As per the learned Public Prosecutor, when parents of the deceased-victim reached the hospital to see her, her whole body was burnt and she was unconscious, as a result of which, she was unable to speak and see properly.

2.2 Learned Public Prosecutor also submits that written report further discloses that immediately, since the next date of the marriage, the in-laws (above-named) of the deceased-victim started subjected her to immense cruelty, harassment and beatings, in connection with the demand of dowry; however, as per the complainant husband (Devi Lal) of the deceased victim, at no point of time, tortured or harassed her.

2.2.1 Learned Public Prosecutor also submits that the deceased-victim was also sent to her parents house by her abovenamed in-laws for fulfillment of the demand of dowry; even after all this, the complainant sent her daughter (deceased-victim) to her matrimonial home, under the assurance that the same cruel acts would not be repeated; but despite that, the cruelty, harassment and beatings on the part of the in-laws (above named) never stopped.

2.3 Learned Public Prosecutor further submits that the complaint further discloses that during the course of the aforementioned cruel acts, belongings of the deceased-victim i.e. the articles given by her parents, at the time of marriage, were also damaged by her above-named in-laws.

2.4 Learned Public Prosecutor also submits that on the basis of the aforementioned report, the police registered an FIR bearing No.37/2011 for the offences under Sections 498-A, 323 and 307 IPC, and thereafter, the investigation commenced. Learned Public Prosecutor however, submits that Meena Kumari (deceasedvictim), during the course of her treatment, succumbed to her burn injuries and died, after 4-5 days i.e. on 07.02.2011.

2.5 Learned Public Prosecutor further submits that thus, after investigation, a charge-sheet was filed for the offences under Sections 498-A and 306 IPC against the present accusedrespondents. Upon the charges being denied by the accusedrespondents, they were made to stand the trial, and the trial accordingly commenced.

2.6 Learned Public Prosecutor also submits that during the course of trial, the learned trial court framed an issue for consideration, whether the accused-respondents, owing to their cruel, harassing and beating acts, in connection with the demand of dowry, caused severe mental and physical agony to the deceased-victim, to a great extent, which compelled her to commit suicide by pouring kerosene on herself and setting herself on fire on 07.02.2011, thereby, the accused-respondent instigated/abetted such an act of suic