To convict under Section 306 IPC, clear evidence of instigation or abetment must be shown; allegations alone are insufficient without corroborative evidence.

1. These two criminal appeals are directed against the judgment and order dated 25th June, 2003 and 26th June, 2003 passed by the Learned Additional Sessions Judge, Fast Track Court No. 2, Barasat, District- 24- Paraganas (North) in Sessions Trial No. 3(2) of 2003 convicting the appellant for committing an offence punishable under Sections 498A /306 of the Indian Penal Code and sentencing the appellant to undergo rigorous imprisonment for seven (7) years and to pay a fine of Rs. 3,000/- in default further simple imprisonment for three months for offence punishable under Section 306 of the Indian Penal Code and to undergo three years rigorous imprisonment and to pay a fine of Rs. 2,000/- in default to undergo further simple imprisonment for two months for offence punishable under Section 498A of the Indian Penal Code .

2. The factual matrix of the prosecution case in a nut-shell is to the effect that victim and the appellant fell in love with each other and it was converted into marriage which was held on 10.01.1994. The appellant used to put torture upon her physically and mentally. He demanded the house of the victim’s father and put tremendous pressure upon her for getting the same. Family peace was evaporated. The de-facto complainant (PW-1) and the other relatives tried to convince the accused but it was a wild goose chase. For the sake their daughter’s future, they did not take shelter under any law. After a few days the appellant took the victim to Katwa in a tenanted house of one Annapurna Kar. The degree of torture increased there. The victim was not ordinarily allowed to meet her parents. However, when she was permitted, she visited her parents and on all occasions she ventilated her grievances of torture to her mother. The wife of PW-1, off and on, went to Katwa to pacify the appellant and to convince him and his mother. But from the victim’s letters they came to know that their efforts went in vain. Nearly for one month since the fateful day, the victim had been residing in her parents’ house. On 21.12.1996 (just before the fateful day) the accused came to his in-laws’ house and created disturbance. There was a quarrel between the accused and the victim. The accused became furious and went away. On 22.12.1996 at or around 1.00 p.m. the victim put an end to her life by setting fire upon herself. Getting the information, her mother entered into the bathroom. In the meantime, she was completely burnt and breathed her last.

3. Based on the aforesaid complaint Barasat Police Station Case No. 710 dated 22.12.1996 was instituted 4. On completion of investigation the Investigating Officer, S.I. Sova Das (PW-14) submitted charge-sheet under Sections 498A /306 of the Indian Penal Code in the Court of the Learned Sub-Divisional Judicial Magistrate, Barasat against the appellant.

5. Charge was framed against the appellant to which he pleaded not guilty and claimed to be tried.

6. The prosecution in order to prove the aforesaid charge against the appellant examined fourteen (14) witnesses, and exhibited certain documents while the defence adduced none.

7. The Learned Amicus Curiae for the appellant submitted that:- i. The judgment of the Court below trying an accused must be founded on the evidence adduced. If a fact in issue, or a relevant fact is not supported by the evidence adduced by the parties, it is not open to the Court to hold that fact to have been proved on its own surmises and fanciful reasons. The instant judgment and order of conviction and sentence is devoid of proper appreciation of the evidence on record, is liable to be set aside.

ii. The afores