Convictions under IPC sections for dowry harassment require clear, corroborative evidence of abuse and direct causation to suicide, which must be established beyond reasonable doubt.

JUDGMENT

Challenging the acquittal of the respondents 2 & 3, who stood charge for offences punishable under Section 498-A and 304-B of IPC by the learned Sessions Judge, Mahila Court, Salem in SC.No.46/2017, the present appeal has been filed by the appellant herein/ father of the deceased.

2. The case of the prosecution in nutshell is as follows:

The deceased Kavitha, who is the third daughter of the appellant herein.

The mother of the deceased passed away due to Jaundice, when the deceased was just an eight months old baby. The deceased was raised by the appellant as a single parent. The deceased was an MBA graduate and prior to marriage, she was working in HR Department at Bengaluru City.

3. The deceased was given in marriage to the first accused on

11.07.2014. The marriage was an arranged marriage. At the time of marriage, the deceased was provided with 12 ½ sovereigns of gold and other household articles. The second accused is the mother-in-law of the deceased. After marriage, the couple were lived in a joint family.

4. It is the case of the prosecution that the deceased was subjected to mental and physical abuse by her husband and mother-in-law. The deceased was made to do many household works and she was not given proper food.

There was continuous demand for more dowry by both the accused.

5. About 10 days prior to the date of occurrence, the appellant visited the house of his daughter to invite her and her husband viz., first accused herein for ensuing Deepavali festival. According to the appellant, both the accused abused him verbally saying that ''five sovereigns of gold should be given at the time of inviting for the festival and if he fails to do so, the appellant would beat with slippers''. Even in front of the appellant, the accused scolded the deceased saying that ''you are only treating as a maid and she has come from beggars family; you are only an orphan, even if you have killed, there is no one to ask''. Unable to bare the insults and cruelty meted out by her husband and mother in law, the deceased decided to end her life.

6. On 20.10.2020, between 7.30 pm. and 8.30 p.m., the deceased committed suicide by hanging herself. On the basis of the complaint lodged by the appellant, the respondent police has registered the complaint and an enquiry was initiated. Since the deceased committed suicide within four months of her marriage, an RDO enquiry was ordered. PW11/RDO, Salem, conducted an inquest over the body, recorded the statement of witnesses and thereafter, sent the body for post-Morterm. Post-Morterm was conducted by PW's 8 and 9/Doctors and thereafter, Post-Morterm report was given stating that the deceased would appear to have died on Asphyxia. Viscera and inner organs of the deceased have collected and sent for chemical analysis. A report was submitted by the Forensic Experts stating that no poison was found in the body of the deceased. After conclusion of the enquiry, charge sheet was filed by the respondent police. On the side of the prosecution, 13 witnesses were examined viz., PW1 to PW13 and 18 documents were marked viz., Ex.P1 to Ex.P.18 and 3 material objects were produced viz., M.O.1 to M.O.3. On the side of the defense, there is no witness examined and no documents were marked.

7. By way of a lengthy judgment, the learned trial Judge has analysed the evidence, materials on the side of the prosecution and ultimately acquitted both the accused of the offences they are charged with by taking into account the judgment of the Hon'ble Apex court in the case of Mangat Ram Vs. Haryana reported in 2014 12 SCC 595. Challenging the said judgment of acquittal, the appellant/father of the deceased has come forward with this appeal.

8. The learned counsel for the appellant submitted that it is a clear case where the deceased was subjected to dowry harassment, mental cruelty and physical torture, which lead to her death. Unable to bear the continuous harassment meted out by the accused 1 & 2, she has taken extreme ste