- (1.) LEAVE granted. Appellant was married to the deceased Seema. Seema committed suicide and on a complaint lodged by her brother, Appellant was charged and tried for offences under Sections and , Indian Penal Code.
(2.) TRIAL Court acquitted the Appellant under Section , Indian Penal Code on the ground that prosecution story is proved to be false from the contents written in the diary of the deceased but convicted him under Section , Indian Penal Code on the ground that the Appellant treated the deceased with cruelty and such act of cruelty, torture, humiliation and his ill behaviour instigated the deceased to commit suicide, as is evidenced from the diary of the deceased. The Appellant was sentenced to 10 years' rigorous imprisonment and a fine of Rs. 2,000/ - and in default, another six months' R.I. Being aggrieved, Appellant filed an appeal in the High Court of Uttaranchal at Nainital which has been dismissed by the impugned order. It was held that Seema committed suicide due to cruelty and humiliation as she was compelled to live a life of celibacy. In the diary maintained by her, the deceased had written that Appellant did not cohabit with her as she was of dark complexion. Considering the over all circumstances and the fact that no dowry was ever asked for, while maintaining the conviction under Section Indian Penal Code, we reduce the sentence to the period already undergone subject to payment of fine of Rs. 2,000/ - as imposed by the sessions court, if not already deposited. Appellant shall be released forthwith, if not required in any other case.;