JUDGMENT

VIMAL KUMAR YADAV, J.

1. Humans rather all living beings immensely value and cling to the life in such a manner that nothing else is more important. Humans and animals behave, more or less, alike when existence itself is in jeopardy. All out effort is put in to survive, so much so that survival instinct triggers “fight or flight mode”. And if driven to the wall, then even a deer turns back and resist, if not attack, on a predator, from whom the deer invariably tries to escape.

2. The life which is so precious would be taken away by one‟s own self and commit suicide. Suicide seems to be civilized world‟s problem as in the Tribal societies it was kind of unheard. However, it has entered in the Tribal societies with the entry of civilized world. Strength of the Tribal or so called uncivilised societies i.e. strong, social and familial ties is being taken over by the stress, strains, tensions, etc. giving foothold to suicides there too.

3. If someone commits suicide then there are bound to be very compelling circumstances, where the suicidal tendencies overtake the survival instinct and the result is death. The circumstances cannot be put in a particular frame; it varies from person to person, situation to situation society to society, region to region and nation to nation. An oversensitive person needs a small trigger to end his life. Whereas another one would survive and fight back in those very circumstances or even worse. Nevertheless, there are bound to be reasons and compelling one, which drive a person to end his life and even normally strong persons finding no ray of hope, no way-out, no options and resultant no will to survive, may at times resort to suicide.

4. Veer Pal, the Appellant herein, was unlucky for second time also in his matrimonial alliances inasmuch as the second wife died prematurely under unusual/unnatural circumstances, whereas the first had already left this mortal world due to Tuberculosis. The second wife, namely, Sarvesh has seemingly died on account of poisoning, either self administered or thrust down her throat or mixed in her food. Her traumatic and tragic journey started at around 7:00 pm on 03.07.1999 ended on 04.07.1999 at about 4.40 am. She was taken to a local doctor and then to two nursing Homes/Hospitals i.e. Navjiwan Nursing Home and Jaipur Golden Hospital and ultimately died in Maharaja Agarsain Hospital at about 04:40 AM on 04.07.1999. Verily, no treatment was given to her before she could reach to Agarsain Hospital, as rest all three found it complicated in one or the other way.

5. The matter was reported to the Police by the Hospital Authorities at about 01:00 AM. The statement made by the brother of the deceased, namely, Hari Mohan, laid the foundation of the instant case as that statement resulted in registration of case FIR No. 521/1999 under Section 498-A/304-B of the Indian Penal Code (hereafter referred to as the IPC).

6. It was the complaint by Hari Mohan (PW-1) that his sister, deceased Sarvesh, was harassed and tortured by the Appellant for money, despite the fact that about Rs.3,00,000/- were spent in the marriage which took place in the year 1996. A fresh demand of Rs. 50,000/- through the victim was made after some time. The victim conveyed it to her parents and brother. Brother of the deceased, Hari Mohan (PW-1) gave Rs. 30,000/- out of the demand of Rs. 50,000/- but expressed his constraints and limitations to pay the balance Rs. 20,000/-. The Appellant again started ill treating the deceased in which a hiatus was there for some time. Sarvesh got some relief as she was not harassed for some time post receipt of Rs.30,000/-. Little realizing that it was short lived.

7. The FIR culminated into a charge-sheet and via evidence, statement of accused and arguments, the Appellant was held guilty for the charges under Section 498-A and 304-B of IPC and was sentenced to undergo Rigorous Imprisonment (R.I.) for three years and to pay a fine of Rs