The main legal point established in the judgment is that abetment of suicide can be inferred from the circumstances and evidence presented, including the suicide note and oral testimony.

Unfortunate event has occurred, where mother and child, aged about 6 years, were forced to commit suicide by Jumping from 5th floor of the Seva Sadan Hospital, Ranchi where mother was working as a nurse, because of conduct of the appellants Fulchand Mahto, who is the husband, Shatrughan Mahto, who is the brother-in-law and Jatila Bala, who is the sister-in-law of the deceased. The mother Laxmi Kumari took her son Ajay Kumar aged about 6 years, wrote a suicide note, which has been proved and marked as exhibit-5 and committed suicide, shows the mental agony of the deceased Laxmi Kumari.

2. Heard, learned counsels for the appellants, Mr. Hemant Kumar Shikarwar assisted by Mr. C.B.P. Srivastava and Mr. Mukesh Kumar, learned Additional Public Prosecutor, appearing for the State.

3. The instant Criminal appeal is directed against the judgment of conviction dated 26.06.2004 and order of sentence dated 28.06.2004, passed by the learned 5th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 484 of 2001, whereby, these appellants have been convicted for the offence committed and punishable under Section 306 of the Indian Penal Code and awarded Rigorous Imprisonment for eight years and a fine of Rs.1,000/- each, and in default of payment of fine to further undergo simple imprisonment for three months each. But, by the same impugned judgment learned trial Court has acquitted the appellants of the charge under Section 498A/34 of the Indian Penal Code.

4. The prosecution case, is based upon, fardbeyan of Karam Singh Mahto (P.W.4) recorded by Sub-Inspector of police, Kotwali, Police Station on 02.04.2000 at about 19.00 hrs., wherein the informant has stated, that his daughter Laxmi Kumari was married with accused Fulchand Mahto, son of Guru Charan Mahto, resident of village Salsur, P.S. Sonahatu, District-Ranchi in the year 1994 and at that time Laxmi Kumari was undergoing training of nursing course. After marriage, Laxmi Kumari went to her in-laws house. It has been alleged that after 16 months from the date of marriage, Laxmi Kumari was driven out from house by her husband after assaulting. On being asked, Laxmi Kumari told her father that Rs.2,000/- was demanded by husband from her. It has further been alleged that informant sent back her daughter to her in-laws house. It has further been alleged that after six months from that date, husband of Laxmi Kumari again demanded Rs.2,000/- to pursue teacher's training course. Thereafter, Fulchand Mahto, his brother-in-law Shatrughan Mahto and his sister Jatila Bala have demanded money on the plea of teacher's training. For the last four years, Laxmi Kumari was working as nurse at Nagarmal Modi Seva Sadan Hospital at Ranchi. Informant has stated that his daughter has disclosed two weeks before the date of incidence, that Fulchand Mahto, Jatila Bala and Shatrughan Mahto will not allow her to remain alive, because they used to torture her in the hostel also, where she is residing. They were also complaining about illicit relation of Laxmi Kumari with some one. The husband of Laxmi Kumari was also complaining, that she used to give money to her parents but did not pay any amount to her in-laws house. It has further been alleged that on 02.04.2000 at about 11.30 A.M. Shatrughan Mahto (brother-in-law) and Jatila Bala (sister-in-law) have met Laxmi Kumari in the hostel and after some time Laxmi Kumari along with her son Ajay Kumar, committed suicide by Jumping from 5th floor of the Hospital. It has further been alleged that because of torture by Fulchand Mahto, Jatila Bala and Shatrughan Mahto, Laxmi Kumari along with her son Ajay Kumar have committed suicide.

5. On the basis of the written report of the informant, Police Registered First Information Report bearing Kotwali P.S. Case No. 87 of 2000, dated 02.04.2000, under Sections 306 and 498(A)/34 of the Indian Penal Code against all three named accused persons.

6. After investigation, the police submitted charge sheet vide charge sh