IMPORTANT POINT
The main legal point established in the judgment is that while the appellant was found guilty of the offence under section 498A of the IPC, there was no evidence of positive action by the accused leading or compelling the deceased to commit suicide, resulting in the acquittal for the offence under section 306 of the IPC.

JUDGMENT :

1. Present appeal is preferred under section 374 of the Criminal Procedure Code, 1973 (hereinafter referred to as ‘the Cr.P.C.’), challenging the judgment and order of conviction passed by Learned Additional Sessions Court, Mehsana in sessions case No.132 of 2009 dated 09-05- 2011, whereby appellant-accused was convicted for the offence punishable under section 498 A of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and was ordered to undergo the sentence of rigorous imprisonment of 03 years alongwith fine of Rs.5,000/- and in default further period of simple imprisonment of 01 month was ordered.

2. The appellant was further convicted for the offence punishable under section 306 of the Indian Penal Code and was ordered to undergo sentence of rigorous imprisonment of 05 years alongwith fine of Rs.10,000/- and in default further period of 03 months of simple imprisonment was ordered. Learned Trial Court has ordered all the sentence to run concurrently.

3. It is the case of the prosecution that an FIR came to be filed before Mehsana Taluka Police Station against 04 accused wherein the present appellant was named as accused No.1-husband, accused No.2-father-in-law, accused No.3-brother-in-law and accused No. 4–mother-in-law for the offences punishable under sections 498A, 306 and 114 of the IPC bearing First CR. No. 163 of 2009.

4. It is the case of the complainant who is the father of the deceased namely Mrs.Binalben whose marriage was solemnized in the year 1995 with accused No. 1, that she was harassed and tortured physically as well as mentally by all the accused on the ground of dowry. It is further alleged in the FIR that accused No.1 had demanded Rs.3,00,000/- from the complainant and on non-fulfilling the demand, the deceased was sent to her paternal house after being beaten. Due to the harassment, the deceased lost her mental ability and at the house of the parents around 20:30 p.m. on 09-08-2009 she consumed an overdose of the medicine which was prescribed for depression and committed suicide.

5. On setting Criminal law in motion and after investigation was concluded, the charge-sheet came to be filed against all the accused for the offences punishable under sections 498A, 306 and 114 of the IPC and section 3 and section 4 of the Dowry Prohibition Act. As the case is tried by the Learned Sessions Court, therefore same was committed to the Learned Sessions Court under section 209 of the Cr.P.C. On being verified with regard to receiving charge-sheet papers, charges came to be framed below Ex. 3 against all the accused and their plea came to be recorded below Exh.4 to 6. The accused pleaded not guilty and claimed to be tried. To bring the guilt, the prosecution had examined 10 witnesses and produced 27 documentary evidences, details of the same is mentioned herein below:-