A conviction for abetment of suicide requires clear proof of intent and instigation, which were lacking in this case.

1. This appeal is directed against the judgment of conviction and sentence dated 06.08.2015 passed by the Additional Sessions Judge, Court No. 5, West Tripura, Agartala in case No. S.T. 41(T - 2) of 2014 whereby the appellant has been convicted and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs. 1,000/- in default to suffer further simple imprisonment for one month under S.498 - A of the IPC and also to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- in default to suffer further imprisonment for three months under S.306 of the IPC.

2. Heard Mr. Ratan Datta, learned counsel appearing for the appellant as well as Mr. B. Choudhuri, learned PP appearing for the respondent.

3. The facts of the case, in brief, are that the younger sister of the complainant, was given marriage with the appellant and after 3/4 months of the marriage the appellant started physical and mental torture upon the victim to bring cash amount from her house and the victim bearing all sorts of torture continued her matrimonial life in the house of the appellant. Out of the wedlock, the victim also gave birth of a female child. On 09.10.2013 at night, as well as on 10.10.2013 the victim was being brutally assaulted, poured kerosene oil herself and set herself on fire. Thereafter, the victim was shifted to GBP hospital where she succumbed to her injuries.

4. The trial Judge, while convicting the appellant has relied upon three prosecution witnesses, namely, PW - 1 (Smt. Minati Debnath), PW - 4 (Sri Swapan Debnath) and PW - 9 (Sri Uttam Paul). PW - 1 and PW - 4 are the sister and brother of the deceased respectively. PW - 9, was introduced for the first time at the time of trial. In course of investigation neither PW - 9 was examined by the Investigating Officer nor his name was found in the charge sheet.

5. This is a case where a house - wife has committed suicide within a period of seven years of her marriage with the appellant. Let me first examine the evidence adduced by PW - 1, PW - 4 and PW - 9, for the sake of convenience.

PW - 1, who is the elder sister of the deceased has stated that after 3/4 months of the marriage, the husband - appellant used to torture upon the deceased demanding money from the house of the parents of the deceased. Once her brother also paid Rs. 20,000/- to the appellant for the purpose of business which was one year before the incident. She has further deposed that after getting the information of her admission in the hospital she went to see her and at that time her deceased sister told her that on 09.10.2013 at night she was severely beaten by her husband and on the morning of 10.10.2013 also the appellant had beaten her. The deceased further told this witness that after the marriage she was not happy for a single day due to torture by the appellant. Further, her husband always used to remain intoxicated and did not like to work and there was always demand of money from her parent's house. She has further deposed that due to the unbearable torture, her sister set herself on fire. PW - 1 has also deposed that her brother was trying to settle the dispute with the help of local leaders, but, it yielded no result.

In her cross - examination, PW - 1 has stated that the appellant was passing his life with poverty. However, she did not know whether the appellant used to run his family with financial help of his relativ