JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. This criminal appeal is directed against the judgment of conviction dated 23.06.2003 and order of sentence dated 25.06.2003 passed by the learned Addl. Sessions Judge, Xth, Dhanbad in S.T. Case No. 256 of 2001, whereby the appellant has been convicted and sentenced to undergo simple imprisonment for five years for offence punishable under Section 306 of the Indian Penal Code.

3. The prosecution case, as per the Fardbayan dated 23.01.2001, in brief is that marriage of Rita Devi, daughter of the informant, was solemnized with the appellant four years ago from the date the fardbayan was lodged as per Hindu rituals and after marriage the informant had to give monthly maintenance to her daughter as his son-in-law was unemployed. It was further alleged that though the relation between his daughter with his son-in-law was smooth but her daughter had a strained relationship with her mother-in-law. As per the informant, on 23.01.2001, about 1 p.m. his son-in-law came to his quarter and informed him that Rita Devi had hanged herself. The informant, along with his wife went to find the body of her daughter lying on the ground and later on they came to know that his son-in-law and his mother had killed Rita Devi. Alleged cause of death was that informant stopped giving maintenance and provisions for about two months and his son-in-law always told him that as he has not received dowry, the informant have to maintain them otherwise his daughter would be killed. On the basis of the Fardbayan, a police case was lodged.

4. At the outset, Mr. M.B. Lal, learned counsel for the appellant submits that the learned court below has failed to appreciate the fact and evidence on the record that it was a pure case of suicide due to poverty. There is no specific demand of dowry and allegation of torture in connection with the deceased against the appellant. Mother of the deceased (PW-1) in Para -7 has specifically deposed that her daughter has informed her two months prior to the incident that if maintenance is not given then they would die of poverty. This statement of the mother is very relevant to show that the appellant is innocent. Learned trial court has failed to take into consideration the fact that the appellant is unemployed which also came in the evidence and he was separated by his mother and he was suffering from great hardship and starvation. From the entire deposition of the witnesses there is not even an iota of evidence against the appellant that he abetted the suicide. Learned court below has very rightly, after appreciation of evidence, has come to the conclusion that there is no demand of dowry and also there is no evidence by any witness that the deceased was subjected to cruelty for demand of dowry.

5. Learned counsel for the State supported the judgment and submits that there is no error in the finding given by the Trial Court. As such, the conviction cannot be set aside, however, the sentence may be modified in lieu of fine.

6. Having heard learned counsel for the parties and after going through the impugned judgment, including the deposition of the informant-PW-4, who is the father of the victim and also the deposition of the mother of the victim, who is PW-1, it transpires that the victim Rita Devi was married with appellant Radhe Shyam Paswan sometime in the year 1997-98 according to Hindu rituals. It further transpires that due to non-employment of the appellant who is the husband of the victim-Rita Devi, the father of the victim used to give monthly maintenance to his daughter and son-in-law. From the prosecution case it further transpires that the relation of the victim and the appellant was smooth but their life was strained due to non-employment. It further transpires from the deposition of the mother that there was no act of cruelty or harassment by the appellant for dowry and it was due to non-employment of the appellant husband that the in-laws used to p