- (1.) This appeal, by way of special leave, arises out of the following facts: 1.1 Jummi Bai deceased had been married with the appellant Assoo, about five years prior to the incident. At the time of the marriage, her parents had promised to give her a radio- set and watch in the dowry. It appears, however, that due to their poor financial condition, they were not able to fulfill the demand. The appellant was, accordingly, upset with this refusal and started harassing the deceased to bring the aforesaid articles. Frustrated thereby, on 21st April, at about 6.30 p.m.,Jummi Bai committed suicide by setting herself on fire. The fact that she had committed suicide was reported to the police by the appellant himself. A daily diary entry was, accordingly, made. The dead body was also sent for its post mortem examination and the doctor opined that the cause of the death was complications arising out of 100% burn injuries. On investigation, however, the police found that a case under Section 304-B IPC was made out against the appellant as he had made repeated demands for the aforesaid articles and on the inability of her parents to meet the demand he had harassed her and driven her to suicide. 1.2 The prosecution in support of its case placed reliance on the evidence of PW1 Rajjab Khan and PW2 Peer Khan, the father and brother of the deceased respectively. The trial court, on a consideration of the aforesaid evidence, found that a case under Section 304- B IPC was proved against the appellant and, accordingly, convicted him under that provision and sentenced him to seven years rigorous imprisonment. An appeal was thereafter taken to the High Court. The High Court, vide judgment dated 13th December, 2006, partly allowed the appeal and set-aside the conviction and sentence awarded by the trial court and convicted the appellant under Section 306 IPC instead and sentenced him to undergo rigorous imprisonment for three years. Hence, this appeal by way of special leave.
(2.) The learned counsel for the appellant has at the very outset, pointed out that the evidence of PWs 1 and could not be believed as they were relatives of the deceased and that PW3 None Lal, another prosecution witness, had completely disowned the prosecution story and had given a different version all together, which, if accepted, would absolve the appellant of any misconduct. He has further argued that even assuming that there had been a quarrel between the appellant and his wife, it was not of such a nature which would have led her to commit suicide as envisaged under Section 306 IPC.
(3.) Mr. Vibha Dutta Makhija, the learned counsel appearing for the State has, however, has supported the judgment of the High Court and submitted that the evidence clearly showed that appellant had harassed his wife on account of her inability to bring the radio and the watch as demanded and that the ill- treatment had driven her to suicide.;