( 1. ) THE appellants have come up in the present appeal against their convictions, by the trial Court, under Section 306, Indian Penal Code, and the various sentences imposed upon them, thereunder.

( 2. ) APPELLANT Mahavir Singh is the husband of late Laxmi, who is alleged to have committed suicide by burning herself. Roop Singh is Mahavirs elder brother, Krishna devi is latters wife and Keshar Bai is the mother. The fact of death of Laxmi on the intervening night of 11/12th November, 1983, at about 4. 30 a. m. in the residential house in I. T. I. Colony, Morar, is not in dispute. The fact of her death by suicide was reported by appellant Roop Singh at P. S. Morar immediately after at about 6. 15 a. m. and recorded by H. C. Police Rambaran Singh (P. W, 12) vide Ex. P. 11 under Section 174, criminal Procedure Code. F. I. R. Ex. P. 9, on the printed form, was also prepared on its basis. But, on the same day, i. e. , on 12. 11. 1983, Bramha Singh (P. W. 1), brother of the deceased, submitted a typed report Ex. P. 1 to the Town-Inspector in respect df the alleged offence. The sum and substance of Ex. P. 1 was that the husband of Laxmi and other members of his house-hold were making repeated demands for a two-wheeler in addition to money. They also used to beat, starve and torture her. The offence under section 306, Indian Penal Code, (abetment of suicide) was investigated into on the basis of Ex, P. 1 by the police. On completion of the investigation, S. O. P. S. Morar, put up the chargesheet in respect of the alleged offence under Section 306, Indian Penal Code, against the four appellants-accused persons.

( 3. ) IN the trial Court, the four appellants-accused persons abjured the guilt and stated that they had been falsely implicated due to ill-relations, that developed between the parties. The learned trial Judge, upon an assessment of the evidence adduced before him, has convicted and sentenced the appellants, as recorded in paras 41 to 43 of his impugned Judgment dated 28-7-1986.

( 4. ) WHILE in course of the arguments, the learned counsel for the parties took me through the record and the impugned Judgment of the trial Court. It is clearly brought out thereby that after the occurrence, H. C. Police Morar Rambaran Singh (P. W. 12)was the first police-man to reach the spot after recording the Marg report Ex. P. 11. He found the burnt dead body of Laxmi inside the small bath-room of the house, as also noted in his spot map Ex. P. 12. A small tin of kerosene-oil was also placed near the dead body which was seized under the seizure memo Ex. P. 13, alongwith some other articles. The inquest report was prepared in presence of the witnesses vide Ex. P. 2. Apparently it was a case of commission of suicide by Laxmi by burning herself with kerosene-oil in the bath-room, as recorded in the inquest report Ex. P. 2. That is also the case of the police. The fact of suicide by Laxmi being not in dispute, the sole point for determination in the present appeal is whether the appellants abetted the commission of suicide, so as to be punishable under Section 306 Indian Penal Code ?

( 5. ) AS many as 12 witnesses have ween examined on behalf of the prosecution. The appellants have examined one Madan Singh D. W. 1 in their defence. In paras 23 to 40 of his Judgment, the learned trial Judge has dealt with the question asto whether the appellants were guilty of the offence of abetment suicide punishable under Section 306, indian Penal Code. I have gone through the impugned judgment and record of the trial court very carefully and have also given my anxious considerations to the arguments advanced in the case. Having done so, I am afraid that some of the inferences of the learned trial Judge appear to be based more on conjectures and imagination, rather than the reasoning, which could stand the test of legal scrutiny.

( 6. ) IN order to bring out the allegations of dowry demands made on Laxmi and her parents, the cruel treatment meted to her by