JUDGMENT R. L. Khurana, J.— The appellants stand convicted the Additional Sessions Judge, Solan, at Nahan, for the offences under sections 304-B and 306 read with section 34, Indian Penal Code and sentenced to rigorous imprisonment for a period of seven years, under section 304-B, Indian Penal Code and rigorous imprisonment for a period of seven years and fine of Rs- 2,000 each, under section 306f Indian Penal Code. In default of payment of fine, they were directed to undergo rigorous imprisonment for a further period of six months. The substantive sentence of imprisonment on the two counts was directed to run concurrently. 2. Aggrieved by the impugned judgment dated 6th July, 1990 of conviction and sentence, the appellants have preferred the present appeal. 3. Briefly stated, the prosecution story is this. The deceased Neelam Kumari, daughter of PW Ram Rattan, was married to appellant Gurmukh Singh, the adopted son of appellant Smt Damyanti. The marriage having taken place on November 5, 1988, After the marriage, the said Neelam Kumari started living with her husband and his adoptive parents at Nala-garh. On May 5, 1989, Smt, Neelam Kumari died on burn injuries. 4. On the basis of the report made to the police by PW Ram Rattan, a case under sections 302, 304-B and 306, Indian Penal Code came to be registered at Police Station, Nalagarh, vide F, I R, No, 45/1989 on May 5, 1989. It was reported that the deceased Neelam Kumari, since after the marriage, was being harassed and tortured by the two appellants and one Kishan Chand (husband of appellant Soil Damyanti) on account of dowry. PW Ram Rattan in his report expressed suspicion that his daughter, the deceased Neelam Kumari was killed by the appellants and Kishan Chand and then set on fire. He further stated that the two appellants were having illicit relations with each other. 5. After necessary investigation, the two appellants alongwith the above named Kishan Chand were arrested and sent up for trial. The learned Additional Sessions Judge charged the two appellants and Kishan Chand for the offence under section 302, Indian Penal Code for having committed the murder of the deceased Neelam Kumari. The two appellants and Kishan in the alternative, were also charged for the offences under sections 304-B and 306, read with section 34, Indian Penal Code. 6. The learned Additional Sessions Judge charged the two appellants and Kishan Chand for the offence under section 302, Indian Penal Code for having committed the murder of the deceased Neelam Kumari. The two appellants and Kishan in the alternative, were also charged for the offences under sections 304-B and 306, read with section 34, Indian Penal Code. 6. Both the appellants and the above named Kishan Chand pleaded not guilty to the charges framed against them and they claimed trial. 7. The prosecution in support of its case examined as many as 21 witnesses When examined, under section 313, Code of Criminal Procedure, the appellants and Kishan Chand had simply denied the prosecution story. They stated that they had been falsely implicated in the case. Death of the deceased due to burn injuries was not denied. 8. After hearing the parties, under section 232, Code of Criminal Procedure, the learned Court below came to the conclusion that there was no material against Kishan Chand above named. It accordingly acquitted him of all the charges framed against him vide order dated May 19, 1990. The present two appellants were, however, called upon to enter their defence and produce such evidence as they might wish to produce. Except tendering some documents in evidence, no other defence was led by the appellants. 9. The learned Additional Sessions Judge, upon consideration of the material placed before him, came to the conclusion that a case under section 304-B and section 306, read with section 34, Indian Penal Code stood proved against the two appellants. He accordingly convicted and sentenced each of the two appellants, as aforesaid. Insofar as offence under section 302, Indian Penal Code is concerned, no case was found to have been made out against the two appellants. They were thus acquitted of the said offence. 10. While admitting that the deceased Neelam Kumari had died a suicidal death by burning, the learned Counsel for the appellants has contended that the evidence coming on the record falls short of the require meet to establish the offence either under section 304-B, Indian Penal Code or the offence under section 306, Indian Penal Code. It has further been contended that the suicidal note Ex. PW 5/A to PW 5/C written by the deceased completely belies the truthfulness of the prosecution story. 11. It has further been contended that the suicidal note Ex. PW 5/A to PW 5/C written by the deceased completely belies the truthfulness of the prosecution story. 11. The learned Assistant Advocate General on the other hand, has supported the conviction and sentence imposed upon the two appellants by the court below, for the reasons and on the grounds recorded in the impugned judgment. 12. The most material evidence in the present case is the statement of the deceased herself in the form of a suicidal note, Ex. PW 5/A to PW 5/C. This note is in the form of a letter consisting of three leaves written by the deceased to her husband (appellant Gurmukh Singh) and her father PW Ram Rattan in Hindi script. When translated to English, it reads : "Much was to be written but time is short —My dear husband, I convey my tremendous love and regards to you and regards and obeisance to Amma. My dear husband, you never believed me. You always misunderstood me, You may ask year dear sister ‘Bug’ as to who was wrong and who was right. You used to complain that I did not talk to ‘Bug’ We talk to each other so frankly and openly as, perhaps even you do not. I was even asked by my mummy (mother) from Raipur that if anybody happens to say something to me, I should come to her, saying that they have got everything In case, your sister does not tell the truth about ail that, ask her by making her to swear by you. None could have tolerated as I did in this house. You did not know, how much I loved you. Neither could you understand me nor did I. Had you asked me I would have never demanded anything from you except love In fact, I did not intend to say whatever I said to Amma. I just said that by intervening in the ongoing talks. But now, I beg for your pardon, once again, while leaving. I never misunderstood you. You also could not have helped. Whatever I was destined for, has happened. I am leaving you because of the distress I had to undergo. I never wanted to part-with you. But now I have made my physical condition very bad hearing all such talks. None of you is at fault. I never misunderstood you. You also could not have helped. Whatever I was destined for, has happened. I am leaving you because of the distress I had to undergo. I never wanted to part-with you. But now I have made my physical condition very bad hearing all such talks. None of you is at fault. I had been given this much of life. I did not want to see you dejected. Dear husband, you kindly take care of my father, whenever he is in adverse circumstances. He used to treat you as his elder son as his own sons were in younger age. Kindly tell my father to make good careers of my brothers. I had become fed up with this atmosphere. My love will remain eternal I had so many expectations, but not even a single of them could be fulfilled. lam leaving this world. Please do not weep if you ever miss me. I humbly submit to all those belonging to Bhogpur that I am committing suicide. Father, if you dare say anything to my husband, the evil spell of my death may be fall on you. Amma and Bappu are not at fault. If they had arranged for this alliance, they must have done so considering it to be right. Rest was all my luck. I know that uncle would get furious. Tell him that there was nothing like that what we had been hearing from those people. Father, now your Neelam will meet you only in the next life. Father, I beg you with folded hands that you should not say anything to my husband and not to fight with each other. Live harmoniously. I convey my love and regards to all. I am leaving this world, do not weep, if you happen to miss me. Further, it goes on in this world Much was to be written but time is short. This letter must be sent to Bhogpur. This is my last desire.” 13. The contents of the abovesaid suicide note completely belie the truthfulness of the prosecution story. The deceased in this note has made no grievance either as to demands of dowry by the two appellants or to the fact that she was not being treated well and was being harassed by the appellants. She has infact exonerated the appellants. 14. The contents of the abovesaid suicide note completely belie the truthfulness of the prosecution story. The deceased in this note has made no grievance either as to demands of dowry by the two appellants or to the fact that she was not being treated well and was being harassed by the appellants. She has infact exonerated the appellants. 14. It has come in the evidence of the prosecution that there were rumours about the illicit relationship between the two appellants. Even the uncle of the deceased had objected to the matrimonial alliance of the deceased with the appellant Gurmukh Singh on account of such rumours. The tenor of the suicide note Ex. PW 5/A to PW 5/C shows that the deceased realising that there was no truth in the rumours felt guilty for having believed them and thereby spoiled the atmosphere of her matrimonial home. Unable to bear her guilt, she appears to have taken the extreme steps of putting an end to her life. 15. The learned trial Court has not appreciated the contents of the suicide note in their right perspective and has thus erred in arriving at the conclusion that from the contents of the said note it stood proved and established that the deceased was being harassed by the appellants. The suicide note instead of supporting, completely destroys and demolishes the prosecution story. 16. Even if the suicide note Ex. PW 5/A to PW 5/C is ignored, the evidence on the record, does not establish a case against the two appellants for the offences either under section 304-B or under section 306, Indian Penal Code. Section 304-B, Indian Penal Code, reads : "304-B. (I) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death. Explanation.—For the purposes of this sub-section, dowry’ shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961. Explanation.—For the purposes of this sub-section, dowry’ shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961. (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life." In order to bring home the offence, under section 304-B, Indian Penal Code, against an accused, the prosecution must establish the following ingredients :— (a) the deceased had died within seven years of her marriage ; (b) the death was caused by burns or bodily injury or otherwise than under a normal circumstances ; (c) the deceased was subjected to cruelty and harassment by her husband or any relative of her husband ; (d) such cruelty and harassment was for and in connection with demand for dowry ; and (e) the cruelty and harassment must be shown to have been meted out to the deceased soon before her death Section 113-B, Evidence Act, 1872, enables the court to raise a presumption that the accused caused the dowry death. Such presumption can be raised only on proof of the following essentials: (i) the accused must be facing trial for the offence under section 304-B, Indian Penal Code ; (ii) the deceased woman was subjected to cruelty or harassment by her husband or his relatives for or in connection with any demand for dowry ; and (iii) such cruelty or harassment was soon before her death 17. A combined reading of section 304-B, Indian Penal Code and section 113-B, Evidence Act, shows that the prosecution must prove that soon before her death, the victim was subjected to cruelty or harassment for or in connection with the demand for dowry. The prosecution is further obliged to rule out the possibility of a natural or accidental death so as to bring it within the ambit of the death occurring otherwise than in normal circumstances. 18. The explanation to section 304-B (1), Indian Penal Code, lays down that for the purpose of section 304-B dowry’ shall have the same meaning as in section 2 of the Dowry Prohibition Act, J96L 19. 18. The explanation to section 304-B (1), Indian Penal Code, lays down that for the purpose of section 304-B dowry’ shall have the same meaning as in section 2 of the Dowry Prohibition Act, J96L 19. Section 2 of the Dowry Prohibition Act, 1961 r defines dowry’ as meaning any property or valuable security given or agreed to be given either directly or indirectly-— (a) by one party to a marriage to the other party to a marriage ; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. 20. A plain reading of the definition of dowry, detailed above, shows that the property or valuable security must be shown to have been given or agreed to be given at or before or anytime after the marriage in connection of the marriage of the parties. 21. In the present case, there is no evidence forthcoming that there was any demand of dowry by the appellants and that the deceased was being treated with cruelty or harassed therefor. The only evidence coming on the record, which is even otherwise not trustworthy, is that the appellants have been complaining about the quality of the dowry articles and that the appellants were expecting a coloured television as a part of dowry. It is only in the statement of PW 1 that a coloured television was demanded. But such demand was made by the deceased herself and not by the appellants Even in the statement made by PW 1 to the police, under section 154, Code of Criminal Procedure, there is no mention as to demand for dowry having been made by the appellants. The only face mentioned is that the appellants have been complaining about the inadequacy of the dowry. 22. During the course of trial, the prosecution had tried to show that the appellant Gurmukh Singh wanted to purchase a truck and since he was short of finances, he forced the deceased from her father. Such evidence cannot be relied upon since the same appears to have been introduced as an afterthought, 23. 22. During the course of trial, the prosecution had tried to show that the appellant Gurmukh Singh wanted to purchase a truck and since he was short of finances, he forced the deceased from her father. Such evidence cannot be relied upon since the same appears to have been introduced as an afterthought, 23. Even if it be assumed that there was a demand for coloured television and finances for purchase of truck by the appellants, such demand has not been linked to have been made in connection with the marriage, inasmuch, as no promise or agreement at the time of marriage or before or after the marriage has been established. Therefore, on the basis of the material coming on record, it can be safely concluded that the demands for coloured television and finances, if at all were made, would not fall within the meaning of dowry’ as defined under section 2, Dowry Prohibition Act, 1961. (See : Ayyala Rambabuv. State of A P., 1993 (1) ALT (Crl) 73 and M. Yadaiah v State of A. P., 1996 (1) Crimes 447). 24. The next question which arises for consideration is whether the appellants are guilty of having abetted suicide by the deceased. 25. It is well settled that for raising presumption under section 113 A, Evidence Act, for abetment of suicide, one of the ingredients, which is required to be proved is that the wife was subjected to cruelty. 26. In the present case, no reliable evidence is forthcoming to prove that the deceased Neelam Kumari was subjected to cruelty. Therefore, in the absence of evidence to show that the deceased was subjected to cruelty, the learned trial Court has erred in raising a presumption under section 113-A, Evidence Act for arriving at the conclusion that the two appellants were guilty of the offence under section 306, Indian Penal Code. 27. In State of Haryana v. Suresh Kumar, 1993 Cr LJ. 1400, the facts of which case are somewhat similar to the facts of the present case, the High Court of Punjab and Haryana had held that the husband, mother-in-law and sister-in law of the deceased were not guilty of the offence under section306, Indian Penal Code, 28. 27. In State of Haryana v. Suresh Kumar, 1993 Cr LJ. 1400, the facts of which case are somewhat similar to the facts of the present case, the High Court of Punjab and Haryana had held that the husband, mother-in-law and sister-in law of the deceased were not guilty of the offence under section306, Indian Penal Code, 28. The High Court of Madhya Pradesh in Padmabai v. State of M. P, 1987 Cr LJ 1573, while dealing with the scope of the offence under section 306, Indian Penal Code, has held : "......... considering the definition of abetment of a thing as given in section 107 of the Indian Penal Code scope of the offence under section 306 ibid for abetment of suicide is quite within a narrow compass. It would be evident on plain reading of section 306 read with section 107 of the Indian Penal Code, that, in order to make out the offence of obetment of suicide, the necessary proof required is that the culprit) has either instigated the victim to commit suicide or has engaged himself in conspiracy with others, for the commission of suicide or has intentionally aided, by any act or illegal omission in the commission of suicide. Instigation for suicide may well take the form of wilful misrepresentation or wilful concealment of any material facts, directly or otherwise, leading to the avowed or intended result i. e. suicide. Likewise any act done, prior to or at the time of commission of suicide, in order to facilitate suicide which may then, however, actually take place, is also covered within the ambit of intentional adding as mentioned in section 107 ibid. However, it may be well to remember that the act done to facilitate the commission of suicide should be closely proximate in time to the time of the incident. However, it may be well to remember that the act done to facilitate the commission of suicide should be closely proximate in time to the time of the incident. The acts done at a distant time with no close nearness or proximity to the time of a suicide will obviously have to be ruled out, as acts facilitating and accelerating the commission of suicide There has to be element of positive complicity on the part of the abettor at the point of time just prior to the actual commission of the offence or within such short space of time prior to suicide that there may be found a reasonable and rational nexus between the act done by the abettor and the resultant death It is of the essence of the crime order of abetment of suicide that the abettor should be proved to have substantially assisted in the commission of the offence of suicide. Instigation, incitement, provocation, encouragement, insinuation, solicitation, which words connote different meanings, are no doubt some of the acts, which may constitute as abetment for commission of suicide But all such acts or any of them have to be positive and potent in the nature, of such a degree, that the direct result of such acts may be none other, but the commission of suicide." It was further held : "Stray domestic quarrels, perfunctory abuses by mother-in-law, to her daughter-in law in the Indian society, crude and uncultured behaviour by the in-laws or the husband towards his wife being mundane matters of normal occurrence in the traditional Joint Hindu Families, will not go to form and constitute abetment unless these acts of conduct singally or cumulatively, are found to be of such formidable and compelling nature as may lead to the commission of suicide or may facilitate in a singular and prime manner, the commission of the same.” 29. As stated above, the prosecution has failed to prove that the deceased was being subjected to cruelty by the two appellants. Therefore, the appellants cannot be held guilty of the offence under section 306, Indian Penal Code, as well. 30. Consequently, the appeal is allowed. The conviction and sentence imposed upon the two appellants, by the court below is set aside and they are acquitted of the offences charged against them. Their bail bonds shall stand cancelled and discharged. Therefore, the appellants cannot be held guilty of the offence under section 306, Indian Penal Code, as well. 30. Consequently, the appeal is allowed. The conviction and sentence imposed upon the two appellants, by the court below is set aside and they are acquitted of the offences charged against them. Their bail bonds shall stand cancelled and discharged. The amount of fine, if already depo sited, shall be refunded to the two appellants forthwith.