Judgment D.P.S.Choudhary, J. 1. This appeal has been preferred against the judgment and order dated 28th of September, 1993 passed by the 6th Additional Sessions Judge, Dumka (Santhal Pargana) in Sessions Case No. 503 of 1990 convicting the accused-appellant under Sections 304-B, 306 and 498-A of the Indian Penal Code and sentenced him to undergo R.I. for 10 years under Secs. 304-B and 306 of the Indian Penal Code and further sentenced to three years R.I. under Sec. 498-A of the Indian Penal Code. All the sentences have been ordered to run concurrently. 2. The case of the prosecution in short is that the informant Somai Besra, father of deceased (P.W. 1) in his fardbeyan (Ext. 1) alleged that his Sala Mohan Kisku (P.W. 9) informed him on 31.1.1990 at 4.00 p.m. that his daughter Guni Besra has been murdered in her sasural by the accused. On receipt of the information the informant along with his son Haradhan Besra (P.W. 2), Misi Besra (P.W. 4) and Dhaniram, a. co-villager (P.W. 5) went to the village Jarwadih at the house of the accused (son-in-law) and found his deceased daughter lying on a cot. His daughter was married only a year back with the accused. He found blood spots on the neck of the deceased His son-in-law (accused) informed that the deceased committed suicide after hanging herself with the help of rope in the morning on 31.1.1990. 3. It is further case of the prosecution that at the time of marriage, as per custom prevalent among the santhals of the area, his son gave one bullock to him but later on he began to demand for the return of the said bullock through his wife. About 14 days earlier the deceased went to the house of the informant and told him about the demand of bullock and she further stated that if it is not returned back his husband would kill her. There was a panchayati in which the Pradhans of both sides sat together at the residence of the informant on 28.1.1990 in which the accused agreed that henceforth, he will not demand return of the bullock from his Sala. He will keep his wife (deceased) peacefully. On the assurance of the accused, on 29.1.1990 the deceased girl returned to her sasural along with the accused but just after two days the informant received information of the murder of-his daughter. He will keep his wife (deceased) peacefully. On the assurance of the accused, on 29.1.1990 the deceased girl returned to her sasural along with the accused but just after two days the informant received information of the murder of-his daughter. On the basis of the fardbeyan of the informant, the formal F.I.R. (Ext. 3) was drawn up. The dead body was sent for the post-mortem examination and after completing the investigation the charge-sheet was submitted. After commitment, the trial proceeded in the Court below. 4. The accused pleaded not guilty and his main defence is that the deceased committed suicide. She was never subjected to any cruelty at the hands of accused relating to demand of dowery, i.e., return of bullock from her father. Her Act of suicide was voluntary for which she was never abated by the accused. 5. In support of its case the prosecution examined 11 witnesses. P.W. 1 (Somai Besra) is the informant. He supported the statement made in the fardbeyan and stated that when his daughter was married with the accused about a year back, the accused has given one bullock to him as dowry as per custom prevalent in the Santhals. For some time, both husband and wife lived peacefully. Thereafter, there was regular demand from the accused to return back the bullock and also threatened that she will be murdered if the bullock is riot returned back. This fact was narrated by the deceased to her father when she came to her Naihar and stated that she was being ill-treated by the accused for the bullock, for this, she was not ready to go back to her Sasural. Later, on the accused came to her village on intervention of the village Pradhans. It. was decided that he will keep his wife peacefully and will not ill-treat. He also promised not to press the demand for the return of the bullock. The Panchayati took place on Sunday and on the next day, i.e., Monday the deceased returned back to her Sasural along with the accused. On Wednesday, the informant learnt from his Sala that his daughter has been murdered in the house of the accused. When he visited the house of the accused along with villagers and family members, his son-in-law (accused) told him that she died after hanging herself. On Wednesday, the informant learnt from his Sala that his daughter has been murdered in the house of the accused. When he visited the house of the accused along with villagers and family members, his son-in-law (accused) told him that she died after hanging herself. P.W. 1 stated that he found sign of violence on the neck of his deceased daughter. 6. The evidence of P.W. 1 has been corroborated by the evidence of P.W. 2 (Haradhan Besra) who is brother of deceased lady. He stated that after the marriage the accused began to demand the return of the bullock which he had given to him (P.W. 2) on the occasion of the marriage. He also tortured his sister for the same. This fact was narrated to him by his sister when she visited his house. There was panchayati in which the accused has assured that henceforth, he will not demand return of the bullock and will keep his wife. On receipt of the information of her death, he visited the house of the accused along with his father and other villagers and found his sister lying dead with some signs of violence on her neck. On enquiry, the accused did not tell him anything about her death. 7. P.W. 3 (Thakur Hembrom) stated that in his presence there was a panchayati and Pradhans of both the village were present. The Panchayati was in respect of the demand made by the accused to return back the bullock which he had given to the father of the deceased at the time of his marriage. He stated that he learnt that accused had threatened the deceased that if the bullock is not returned back by her father, she will be murdered by him. P.W. 4 (Misil Besra), P.W. 5 (Dhaniram Besra) and P.W. 6 (Bagal Tudu) have been tendered by the prosecution for cross-examination. 8. P.W. 7 (Maku Kisku) is sister of the accused. According to her, on the date of occurrence, i.e., on Wednesday in the morning at about 8.00 a.m. she heard hulla from the house of the accused and saw that his wife is dead due to hanging. She stated that she committed suicide by hanging after climbing oh a Morha. P.W. 8 (Churki Kisku) is another sister of the accused, who stated that his Bhabhi (deceased) died due to hanging. She stated that she committed suicide by hanging after climbing oh a Morha. P.W. 8 (Churki Kisku) is another sister of the accused, who stated that his Bhabhi (deceased) died due to hanging. P.W. 9 (Mohan Kisku) is Mama of the deceased lady. He stated that on the date of occurrence, i.e., on Wednesday about a year back the Pradhans of village Jarhua reported him that his Bhagini has died. He gave this in-formation to the informant (Bahnoi). He further stated that in his presence the police recovered two pieces of rope, one Machiya from the house of the accused and seizure-list was prepared, over which he put his L.T.I. P.W. 10 (Thakur Kisku) was tendered by the prosecution for cross-examination. P.W. 12 (Badri Prasad Yadav) a Clerk, is a formal witness and has proved the fardbeyan (Ext. 4), formal F.I.R. (Ext. 3), the inquest report (Ext. 5) and the seizure-list (Ext. 6). 9. P.W. 11 (Dr. Sitaram Sail) conducted the post-mortem on the dead body of Gungi Besra (wife of the accused) on 2.2.1990 at 1.30 p.m. at Sadar Hospital Dumka. According to him, the age of the deceased was about 22 years. He found the following ante-mortem injuries on her person: (i) Legation mark. - Whole of the upper part of the neck obliquely and transversely placed with mark of knot present on the right mandibular region. The size of the legation mark was 1/2" in breadth. On dissection, there was ecchymosis below the whole of the legation mark. On further dissection, there was fracture, of thyroid bone and cricoid cartilege laryins tracia and oesophegus were also congested. On dissection of thorex both the lungs were found congested and extended. Heart was found normal. Abdomen was full of gasses. All nail beds were found pale and synosed. Mark of faecal discharge and vaginal discharge were found. In the opinion of the Doctor, the death was due to asphyxia as a result of hanging and the time elapsed since death was within four days. Carbon copy of post-mortem report has been marked Ext. 2. In cross-examination he stated that in his opinion it was a case, of suicide. 10. The learned appellants Lawyer submitted that there is no evidence on the record to prove that accused committed murder of his wife (Gungi Besra). Carbon copy of post-mortem report has been marked Ext. 2. In cross-examination he stated that in his opinion it was a case, of suicide. 10. The learned appellants Lawyer submitted that there is no evidence on the record to prove that accused committed murder of his wife (Gungi Besra). This fact is not denied that she was wife of the accused and about a year before her death the marriage took place. She has not died of any injury alleged to be caused at the hands of the accused. There is also no evidence to suggest that her death was due to demand of dowry, on the other hand there is conclusive evidence that she committed suicide. The trial Court has come to the conclusion that she committed suicide herself due to her mental torture or it is possible that she might have been forced to commit suicide due to ill-treatment by the husband. In view of this finding, no case under Sec. 304-B of the Indian Penal Code is made out against the accused-appellant. There is no eye-wit-ness to the alleged occurrence. There are only circumstantial evidence but they do not conclusively prove that she was murdered by the accused and a colour of hanging was given to screen his crime. The learned appellants Lawyer referred to the evidence of the Doctor (P.W. 11) and submitted that the Doctor has opined that the death caused due to asphyxia as a result of hanging and in cross-examination, he stated that it was a case of suicide. P.Ws. 7 and 8 who arrived after her death stated that she committed suicide. They are competent witness being sisters of the accused. They live in the adjoining house and their presence at the place of occurrence was natural. They found a Morha kept beneath the hanging body of the deceased which suggest that she committed suicide after climbing on Morha. 11. The learned appellants Lawyer further submitted that from the evidence of the informant (P.W. 1), his son (P.W. 2) and P.W. 9 (Sala) have not stated that accused committed murder of the deceased because of demand of return of bullock. From their evidence, it appears that the deceased committed suicide. 12. The learned appellants lawyer stated that there is no evidence on record to show that there was abatement by the accused-appellant which compelled the deceased to commit suicide. From their evidence, it appears that the deceased committed suicide. 12. The learned appellants lawyer stated that there is no evidence on record to show that there was abatement by the accused-appellant which compelled the deceased to commit suicide. On the other hand the evidence suggest that she committed suicide because of mental depression and out of her own will. She was neither mentally or physically tortured which compelled her to commit suicide. There is absolutely no evidence to show that she was ever physically assaulted by the accused. The only evidence on record is that accused made demand of return of bullock. This was not a strong motive which abated the deceased to commit suicide. It appears that because of her mental depression she committed suicide. As such the conviction of the appellant under Sec. 306 of the Indian Penal Code is also not. maintainable. 13. In the last, the learned appellants Lawyer submitted that the prosecution has not adduced evidence that accused or his relative every subjected to cruelty to the deceased lady, for the demand of dowry. There is no evidence that either physical or mental cruelty was ever committed to the deceased, at the hands of the accused or his family members. The informant and his son are competent witness on this point. They have not stated a word nor made any such allegation which constitute an offence under Sec. 498-A of the Indian Penal Code. As such, the conviction of the appellant under this count is also not maintainable. 14. In support of the above contention, the learned appellant Lawyer relied on the decision reported in -- Wazirchand and Anr. V/s. State of Hariyana 1991 Cr. Law Journal page 1713 (SC) Smt Shanti and Anr. V/s. State of Haryana and 1990 Cr.L.J. page 407 (Bombay High Court) Sarala Prahhakar V/s. State of Maharashtra, On the basis of the above decisions, it was submitted that every type of cruelty would not attract the provisions of Sec. 498-A of the Indian Penal Code. It must be established that beating and harassment was with a view to force the wife to commit suicide or to fulfil the illegal demand of husband. The learned appellants Lawyer further submitted that to constitute an offence under Secs. It must be established that beating and harassment was with a view to force the wife to commit suicide or to fulfil the illegal demand of husband. The learned appellants Lawyer further submitted that to constitute an offence under Secs. 304-B and 498-A of the Indian Penal Code cruelty after marriage must be proved, though there is presumption under Sec. 304-B if the deceased died within seven years of her marriage, against the accused. But, there should be some cogent and reliable evidence that there was cruelty on the part of the accused before the death took place. The learned appellants Lawyer submitted that to constitute an offence under Sec. 306 of the Indian Penal Code, there should be proof that the deceased committed suicide, as a result of her torture at the hands of the accused and the torture was to the extent that she was compelled to commit suicide. The presumption under Sec. 113-A of the Evidence Act is also to this effect that the abatement at the hands of the accused is to be proved before the presumption is drawn against the accused. 15. In reply to the above contention, the learned A.P.P. submitted that in view, of the admitted fact, the presumption under Secs. 304-B and 498-A is against the accused. The death of the deceased lady took place just after a year of her marriage and that too in her sasural. The prosecution has proved beyond doubt from the reliable evidence of P.Ws. 1, 2, 3 and 9 that before her death the deceased lady had come to her parents house and narrated that she was regularly tortured by her husband to return back the bullock which he had given to them at the time of marriage. She also stated that she apprehends the danger of her life if the said bullock is not returned back to her husband. There was a panchayati in which Pradhans of both the parties participated. The panchayati took place on Sunday and thereafter at the instance of the accused the deceased went back to her sasural on Monday and on Wednesday in the morning, her dead body was found. These are strong circumstance which go against the accused that after he brought back his wife, within two days she was found dead in mysterious circumstances, and it was not a natural death. These are strong circumstance which go against the accused that after he brought back his wife, within two days she was found dead in mysterious circumstances, and it was not a natural death. Under these circumstances, the onus is now on the accused to prove that her death was a natural, and neither she was murdered nor she was abetted to commit suicide. From the evidence of the Doctor and of P.Ws. 1 and 2, it appears that when they saw the dead body they found some blood spots of rope on the neck of the deceased. The Doctor (P.W. 11) stated that there was swelling of her face and blister have developed on the body. Her tongue was protruded and clinched between both jaws and teeth and mark of saliva tricking left angle of mouth. The following ante-mortem injury was found on the dead-body being legation mark: (i) whole of the upper part of the neck obliquely and transversely placed with mark of knot present on the right mandibular region and the size of legation mark was 1/2" in breadth. On dissection, the Doctor found fracture of thyroid bone and cricoid cartilage. Larex and the oesophagus were also congested. 16. These findings of the Doctor suggest that she was murdered by strangulation and thereafter, she was hanged with a rope to give a colour of hanging. There was motive on the part of the accused to commit murder of his wife because his demand to return back the bullock was not fulfilled by her parents. The learned A.P.P. further submitted that even accepting the defence version that the deceased died due to hanging, suggesting that she committed suicide, in that case also, there are facts and circumstances on record to show that she committed suicide lady to torture, torture may be mentally or physically or both. The consistent demand of the bullock from the deceased lady and for that being given regular threat that she will be murdered is an important ingredient to abet the commission of such suicide by the deceased lady and in view of these evidence the ingredient of both Secs. 498-A and 306 of the Indian Penal Code are fulfilled. 17. The consistent demand of the bullock from the deceased lady and for that being given regular threat that she will be murdered is an important ingredient to abet the commission of such suicide by the deceased lady and in view of these evidence the ingredient of both Secs. 498-A and 306 of the Indian Penal Code are fulfilled. 17. A plain reading of Sec. 306 of the Indian Penal Code which relates with abetting the commission of suicide, shows that before a person can be convicted of abetting of suicide of any other person, it must be established that such other person committed, suicide. In the instant case, the husband is charged for abetting her wife for committing suicide. There was no suicide note left by the deceased lady. Her death was not due to fire which is a common mode of committing suicide by the ladies in the village. There is no evidence that the husband took any step to remove her wife when he saw her hanging by rope nor he informed any local person including the Pradhan, etc., nor informed the local police stating that his wife committed suicide. This is a strong circumstance that goes against the accused and his conduct is not above suspicion. On the other hand, there is consistent and reliable evidence as discussed above that there was regular harassment of the deceased lady at the hands of the accused to return back the bullock from her fathers house. Even the evidence of the Doctor conclusively prove that she died due to asphyxia caused by hanging. There is nothing on record to show that deceased was suffering from any mental depression which compelled her to commit suicide, on the other hand there is evidence that she was harassed by the accused regularly and there was also threat given by the accused to commit her murder if his demand to return back the bullock is not fulfilled. Therefore, the prosecution has been able to prove beyond doubt that there was abatment to the deceased lady at the hands of the accused which compelled her to commit suicide. 18. The finding of the trial Court, that she committed suicide because of the abatment at the hands of the accused is based on the facts, circumstances and evidence on record and it does not require any interference. 19. 18. The finding of the trial Court, that she committed suicide because of the abatment at the hands of the accused is based on the facts, circumstances and evidence on record and it does not require any interference. 19. In view of my above finding that the deceased lady committed suicide at the abatment of accused, I am of the view that conviction of the accused under Sec. 304-B, of the Indian Penal Code is not maintainable nor there is any reliable and cogent evidence to support the prosecution case that deceased death was a dowry death as contemplated under Sec. 304-B of the Indian Penal Code. There is no evidence that she was murdered at the hands of the accused, on the other hand, the evidence, including the evidence of the Doctor are to the effect that she died due to hanging by rope and the Doctor stated that death may be due to suicide by hanging. As such, the conviction of the appellant under Section 304-B of the Indian Penal Code is set aside and he is acquitted under this count. 20. I find substance in this contention of the learned A.P.P. that accused-appellant was given regular threat to the deceased that if her parents do not return back the bullock which he had given in dowry, in that case she may be killed. Due to this harassment at the hands of the accused for the demand of bullock, she has gone to her parents house and narrated the story to them, as stated by P.Ws. 1 and 2. Therefore, the prosecution has been able to prove that deceased lady was regularly tortured at the hands of the accused for the return of the bullock which was given in the dowry by the accused to her parents. As such, the prosecution has been able to prove the offence under Sec. 498-A of the Indian Penal Code beyond all reasonable doubts and it does not require interference. 21. In the result, the conviction and sentence of the appellant under Section 304-B, I.P.C. is set aside, but the conviction and sentences under Secs. 306 and 498-A, I.P.C. is maintained. With the above modification in the order and judgment of the trial Court the appeal fails. 22. Mr. Ajay Kumar Ambastha, Advocate who appeared as amicus curiae, labour hard in assisting the Court. 306 and 498-A, I.P.C. is maintained. With the above modification in the order and judgment of the trial Court the appeal fails. 22. Mr. Ajay Kumar Ambastha, Advocate who appeared as amicus curiae, labour hard in assisting the Court. The Legal Aid Committee of the Patna High Court is directed to pay his fees as per the rule.