For conviction under Sections 306 and 498A, clear evidence of instigation or aiding in suicide is essential; mere allegations of harassment are insufficient.

ORAL JUDGMENT

Date : 19-01-2026

Heard learned Amicus Curiae for the appellants and learned Additional Public Prosecutor for the State.

2. The present appeal is directed against the judgment of conviction dated 07.02.2009 and order of sentence dated 13.02.2009 passed by learned Additional Sessions Judge, Fast Track Court - V, Saharsa in Sessions Trial No. 40 of 2008, arising out of Saurbazar P.S. Case No. 239 of 2007, G.R. Case No. 1664 of 2007 whereby and whereunder the appellants have been convicted for the offence punishable under Sections 498A /34 and 306/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years for the offences under Section 306 /34 of IPC and appellants have further been sentenced to undergo rigorous imprisonment for three years for the offences under Sections 498A /34 of the Indian Penal Code . Both the sentences have been directed to run concurrently.

3. The fardebayan of informant/ Dinesh Kumar Swarnkar (PW4) was recorded near Sonarpatti P.S. Sourbazar at 2:00 AM on 29.09.2007. As per prosecution case, about four years ago marriage of informant’s sister/victim was solemnized with the appellant no. 3 - Bhim Swarnkar @ Bhim Sonar and she was blessed with male child who was about three years old. It is alleged that about four days prior to the alleged occurrence, the deceased/victim made communication with the informant on telephone of a betel shop owner namely Pappu Kumar and informed him that victim's mother-in- law/appellant no. 1, brother-in-law Mukesh Swarnkar/appellant no. 2 and her husband/appellant no. 3 used to assault and torture her and denied to give food to the victim and she further informed that she would not survive and she had no option rather to commit suicide because of being tortured by the appellants as said torturous act became unbearable, upon which informant tried to pacify the matter. It is alleged that on 28.09.2007 at about 7PM some unknown person of Baijnathpur made contact on the mobile of villager of the informant, namely, Poona Devi and intimated that victim had committed suicide. Upon that information, informant reached sasural of victim at about 1 AM in the night of 29.09.2007 and saw the victim dead and noticed the ligature mark of hanging in the neck of deceased. It is alleged that victim committed suicide as a result of torture and cruelty meted out to her by the appellants. It is further alleged that the appellants absconded with Mukesh Kumar (three years old) who is son of the deceased and only dead body of the victim was lying therein the house.

4. On the basis of fardbeyan of informant/PW- 4, Sourbazar P.S. Case No. 239 of 2007 was registered under Sections 498A and 306/34 of the IPC. Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation, charge sheet has been submitted against the appellant under Sections 498A , 306/34 of the IPC. Thereafter, the learned trial court took cognizance. The case was committed to the court of sessions after following due procedure. The learned trial court framed charges against the appellants under Sections 498A /34 and 306/34 of the IPC. Charges were read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.

5. In order to bring home guilt of accused person/appellant, prosecution has examined altogether eleven witnesses. PW-1 Jai Kant Yadav – a formal witness who has identified signature and handwriting of the then officer In- charge of