To convict for abetment of suicide under Section 306, there must be clear evidence of instigation, which was lacking in this case.

JUDGMENT :

This Criminal Appeal has been filed on behalf of the appellant by challenging the judgment of conviction and sentence dated 10.02.2005 passed by Sri Sandip Sharma, learned Additional District and Sessions Judge-cum-Fast Track Court No. IVth, Chatra in Session Trial No. 414/1992 arising out of Itkhori P.S Case No. 67/92 (G.R. Case no. 298/1992) T.R No. 156/92 by which the appellant has been convicted for the offence under Section 306 of I.P.C and sentenced to undergo R.I for five (05) years and to pay the fine of Rs. 1000/-.

2. The prosecution case, in brief, is that Reshmi Devi i.e. the deceased daughter of Babli Mahto i.e. the informant had married with the appellant about eight (8) years ago according to Hindu rites and rituals. At the time of marriage his son-in-law i.e. the appellant was residing alone in his house at village Dhebadauri while his Samdhi and Samdhin were residing at Dhanbad at their place of service. The informant has further alleged that on Saturday last his daughter came to his house along with her daughter and thereafter, his son-in-law i.e. the appellant also came following her and on the same day took her back to his home saying that she has to cook food for labourers working in his house. Then, the informant asked the appellant to leave his daughter there for a week but the appellant refused and took her back with him. Thereafter, the informant accompanied his son Nirmal Mahto with them and on the next morning his son came back to the informant and told him that the appellant and his deceased sister had quarreled for the whole night and as such, in the morning he returned back. Thereafter, at about 9:30 A.M Nageshwar Mahto alias Bajarwa came running from village Dhebadauri and informed to the informant that his daughter after purchasing roasted gram flour (Sattu) from the shop of the village and consumed the same by mixing poison in it and thereby, committed suicide. Thereafter, the informant along with his sons and villagers went to village Dhebdauri where he found his daughter lying dead and when the informant and his family and villager seeing the scene began crying and after seeing this, the appellant and Nageshwar Mahto fled away.

3. Heard learned counsel for the appellant and learned counsel for the State.

4. Learned counsel for the appellant has submitted that the impugned judgment and sentence passed by the learned Court below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that learned Court below has failed to scrutinize the evidences on record. It is submitted that the informant of the case in his fard beyan has stated that the marriage of the deceased with the appellant has taken place about 8 years ago while in his deposition at Para-1 he has stated that the marriage was performed about five (05) years ago. It is submitted that the deceased and appellant had come one after another and returned back on the same day but has contradicted the same in his deposition saying that the deceased had come one day before the date of occurrence and his son-in-law i.e. the appellant took her back on following day.

It is submitted that the informant in his fard-beyan has given the reason of a accompanying Nirmal Mahto i.e. P.W-4 due to darkness but his evidence,, he developed the case saying that he sent Nirmal Mahto i.e. P.W