SALDANHA, J. ( 1 ) THE first of these appeals has been preferred by the original accused No. 1 in S. C. No. 75/93 on the file of the learned Sessions Judge, Chitradurga assailing the correctness of the conviction and sentence awarded to him. The second of the two appeals has been preferred by the State assailing the acquittal of original accused Nos. 1 to 3 on the remaining charges under which the trial Court has acquitted them. The prosecution alleged that on 27-2-1993 the body of Shanthamma, the wife of accused No. 1 was found in a well in the land belonging to Venkatashivareddy within the jurisdiction of Imangala Police Station. An F. I. R. was lodged on the same day at about 9. 30 AM. which is Ex. P. 11 whereby it was alleged that the death in question was dowry related and consequently, the police registered an offence and commenced investigation. It is alleged that in the course of the investigation it transpired that Shantamma was married to accused No. 1 on 25-5-1989 and that pursuant to the negotiations that took place, a gold ring with initial was given to A-1, Rs. 15,000/- in cash was given to the father A-2 and that a chain with locket, jumki, bendole, one pair of bangles, a watch and silver leg chain were given to the bride Shanthamma. The prosecution alleged that this was a case in which dowry had been demanded and accepted and consequently,the trial Court had framed charges against the accused for offences under Ss. 3, 4 and 6 of the Dowry Prohibition Act as also under S. 498 (A) r/w. 34, IPC. and S. 304 (B) r/w. 34, IPC. in respect of the acts of cruelty to which Shanthamma had been subjected to as also in relation to the death of Shanthamma which was alleged to have been a result of dowry related cruelty. It was alleged by the prosecution that the accused persons had originally demanded dowry of Rs. 40,000/- and it was agreed upon that the dowry was settled at Rs. 30,000/- and 8 tolas of gold. The prosecution theory was that because of the non-payment of the balance dowry amount of Rs. It was alleged by the prosecution that the accused persons had originally demanded dowry of Rs. 40,000/- and it was agreed upon that the dowry was settled at Rs. 30,000/- and 8 tolas of gold. The prosecution theory was that because of the non-payment of the balance dowry amount of Rs. 15,000/- that Shanthamma was treated badly that she was assaulted and abused and that she was subjected to various forms of torture both physically and mentally over a period of time and that she was finally driven to suicide because of this cruelty and torture. It has come on record that in the course of the marriage Shanthamma delivered two children, the second one hardly three months before the incident and the allegation further is to the effect that the husband A-1 not only illtreated her but that he subjected her to further agony and anguish because he was given to playing cards and gambling, that he would spend all his time with his friends and in the company of others and the wife had reason to believe that he had also indulged in extra marital relationship and furthermore that he had even made certain imputations against her character as emerges from the letter Ex. P. 1. The further allegation against A-1 was to the effect that because of his gambling habits that he had even disposed of some of the ornaments that belonged to his wife Shanthamma. In sum and substance, this is one more of the cases where the charge is that because of the dowry related harassment and torture that the wife finally committed suicide. ( 2 ) THE learned trial Judge on a careful examination of the record before him recorded the finding that the charges under the Dowry Prohibition Act had not been substantiated but at the same time, the trial Court recorded the finding that the acts of cruelty stood established as far as the husband A-1 is concerned and consequently convicted him of the offence punishable under S. 498 (A), IPC. and sentenced him to two years rigorous imprisonment and fine of Rs. 1000/- under this charge. The trial Court also held A-1 guilty of the offence punishable under S. 306, IPC. and awarded a sentence of four years rigorous imprisonment and fine of Rs. 2000/- under this charge. and sentenced him to two years rigorous imprisonment and fine of Rs. 1000/- under this charge. The trial Court also held A-1 guilty of the offence punishable under S. 306, IPC. and awarded a sentence of four years rigorous imprisonment and fine of Rs. 2000/- under this charge. It is against this conviction and sentence that the accused No. 1 Dayananda has preferred Crl. A. 214/95 whereas the State has appealed by way of Crl. A. 452/95 against the acquittal under the remaining charges. We have heard the two appeals together and purpose to dispose of them through a common judgment. ( 3 ) THE principal submission canvassed on behalf of the State in Crl. A. 452/95 is that the trial Court was clearly in error in having acquitted the accused of the offences punishable under Ss. 3, 4 and 6 of the Dowry Prohibition Act in the face of the clear cut evidence of Shanthamma's brother PW. 1 and the mother who is PW. 2. The learned Govt. Advocate submitted that these two persons who are family members have in terms recounted the fact that Rs. 40,000/- was originally demanded as dowry and because of the inability of the girl's side to meet with this demand that they ultimately agreed to reduce it to Rs. 30,000/- and 8 tolas of gold. The two witnesses have also indicated the items of jewellery that were given in lieu of the gold and the sources from where the amount of Rs. 15,000/- in cash was handed over to accused No. 2 who is the father of A-1. It was pointed out to us that even though this position has been seriously disputed that there was no ground on which the trial Court could have rejected this evidence and the further contention raised was that even on the question of probabilities this Court ought to have accepted the evidence as far as these charges are concerned. On the other hand, learned Advocate Mr. On the other hand, learned Advocate Mr. Adi who represents the respondent-accused pointed out to us that as far as the State's appeal against the acquittal is concerned, that the essential principle which this Court must follow is the well settled position in law that applies to all such appeals against acquittals namely that where all the evidence has been considered and where the trial Court has recorded findings that are logical and which proceeded on a fair and correct appreciation of the evidence and where the trial Court has proceeded in consonance with the well defined principles of law that merely because some other view may be canvassed in appeal that it is no ground for interference. As far as this head of charge is concerned, we did very carefullyapply our minds to the well defined position in law for purposes of assessing whether from the discussions and findings recorded in the judgment of the trial Court any error or possible miscarriage of justice has occurred and having rechecked the position from the evidence, we need to record that as far as the charges under the Dowry Prohibition Act are concerned, the findings of the trial Court require to be confirmed. ( 4 ) THE same position applies with regard to the charge under S. 304 (B), IPC, in so far as the learned trial Judge has discussed the legal position and since this is a case where it was more than apparent that Shanthamma committed suicide, the learned trial Judge has recorded the finding that S. 306, IPC. would be the appropriate and correct section to base a conviction and in this view of the matter, it would not really be correct to contend, as has been done by the State, that the trial Court has recorded an acquittal for the offence under S. 304 (B), IPC. It is well settled law that at the end of a criminal trial, the learned Judge is entitled to convict the accused for a lesser or slightly different offence from the one charge if the evidence led by the prosecution and the law so justifies it. Under these circumstances, we see no ground to interfere with regard to the order of the trial Court whereunder the accused have not been convicted of the offence punishable under Sec. 304 (B), IPC. Under these circumstances, we see no ground to interfere with regard to the order of the trial Court whereunder the accused have not been convicted of the offence punishable under Sec. 304 (B), IPC. Also, we need to record in passing that as far as A-2 and A-3 are concerned namely the parents of the husband A-1 that the evidence led does not make out a case for conviction of A-2 and A-3 under any of the heads of charge and the findings recorded by the trial Court as far as these accused are concerned do not require any interference with. It is true that the learned Govt. Advocate advanced the submission before us that even if the Court were to refuse interference as far as the charges under the Dowry Prohibition Act were concerned that these would have a fall out in so far as if the prosecution has established that if the death of Shanthamma was the overall result of harassment, torture and cruelty which emanated because of the non-payment of the balance dowry amount that this would be sufficient to fasten the criminal liability of A-2 and A-3. In our considered view, this submission cannot be upheld because the alleged liability is too remote and furthermore because of the principal fact that the evidence in this case with regard to the charges under the Dowry Prohibition Act and the further allegation that the cruelty inflicted was dowry related have both failed and this is the principal reason why the accused No. 2 and accused No. 3 will have to be exonerated of all charges. Also, though the prosecution has levelled various allegations against A-2 and A-3, the record does establish that the parents were not residing with the son Dayananda and this is an additional ground in their favour. ( 5 ) COMING to the case of accused No. 1 Dayananda, learned Advocate Mr. Adi vehemently submitted before us that the conviction will have to be set aside because of the fact that the main plank of the prosecution evidence namely that this was a dowry death case has not been substantiated. He relied heavily on the findings of the trial Court but more importantly, on the record of the case in support of his contention that the entire charge against accused Nos. He relied heavily on the findings of the trial Court but more importantly, on the record of the case in support of his contention that the entire charge against accused Nos. 1 to 3 was that they harassed and tortured the wife Shanthamma only because her parents had not paid up the balance dowry amount of Rs. 15,000/ -. Learned Advocate submitted before us that once this evidence is held to be unsatisfactory that the remaining charges must automatically fail. We are not prepared to accept this submission as it has been propounded because this is a case of a slightly different complexion. It is not as though the entire prosecution case rests entirely on the non-payment of dowry and what transpired thereafter because there is other independent evidence alleging cruelty of considerable gravity which is capable of being sustained independently of the dowry related issues. While it is true that the prosecution alleged that everything that transpired subsequently namely the act of torture and cruelty inflicted on Shanthamma were the sequel to the non-receipt of the balance Rs. 15,000/- by the accused, we find on a careful scrutiny of the record that the position is not so. Also, what we need to indicate is that the allegations with regard to the demand and receipt of dowry have not been held to be substantial enough or strong enough to record a conviction but there is no finding to the effect that these allegations are groundless or that they are false. In other words, it is only because this head of evidence is relatively weak that the Court has refused to record a conviction under thosecharges. That is an important aspect of the matter which needs to be borne in mind. ( 6 ) MR. Adi then submitted before us that if the evidence of the brother and the mother who are the principal witnesses namely PWs. 1 and 2 along with the evidence of PW-9 who is a neighbour is to be taken at face value, that at the highest it would indicate that there were some quarrels between the couple or that there were occasional altercations and from time to time, the relationships between the husband and wife did suffer some ups and downs. 1 and 2 along with the evidence of PW-9 who is a neighbour is to be taken at face value, that at the highest it would indicate that there were some quarrels between the couple or that there were occasional altercations and from time to time, the relationships between the husband and wife did suffer some ups and downs. He pointed out to us that out of the two, the husband was essentially an agriculturist whereas the wife appeared to have had a slightly higher and better education and that as is inevitable, there was a difference of opinion in various matters and that taken generally, despite these ups and downs which are common to any married couple that there was nothing grave or serious enough to bring the case within the ambit of S. 498 (A), IPC. His principal submission was that there is no clinching evidence to indicate that Shanthamma had been subjected to any severe physical assaults or that she had suffered injuries serious or otherwise at any time and furthermore that the incidents that have been recounted and the behaviour pattern that is attributed to A-1 may at the most amount to minor misconduct but that it is not of the gravity which qualifies for conviction in a criminal Court. As against this, the learned Govt. Advocate emphasised that the evidence did very clearly indicate the substratum of the marriage which virtually got seriously eroded because of the fact that A-1 was given to gambling and moving with his friends and that this was the principal reason why the wife was seriously offended and neglected. He has drawn our attention to the evidence of PW. 1 the brother wherein he has pointed out that the accused No. 1 Dayananda had on one occasion created an ugly scene at their house and that he had even pulled off the 'thali' worn by Shanthamma and thrown it and that this is probably the most serious affront that a young married wife could be subjected to. He has stated that they had desired to lodge a police complaint that the matter was reported to the panchas and that finally A-1 was persuaded to come back to their house and to retie the 'thali' around the neck of Shanthamma. He has also drawn our attention to the evidence of this witness which in turn has been corroborated by PW. He has also drawn our attention to the evidence of this witness which in turn has been corroborated by PW. 2 the mother that Shanthamma was repeatedly complaining about the fact that her husband was subjecting her to a lot of torture and suffering. It is true that the defence has disputed this position but we do have on record one important document Ex. P. 1 which is a letter in the handwriting of the deceased Shanthamma which was found in the folds of her sari after her death and which has been heavily relied upon by the prosecution. This letter makes pathetic reading. Shanthamma has really poured out her feelings in this lengthy letter addressed to her husband in which she has among other things indicated how unhappy and deserted she was as a result of the treatment at his hands. She has referred to the negligence of the wife because of the husband's pre-occupation with his friends circle and the fact that he was also observed with the vice of gambling. The letter is also in the form of a desparate appeal to him to try and save their marriage and to respond to the love and affection that she was offering as there is also a sad reference to the fact that he should not be led away by the charms of other women who would be no substitute for herself. There is no dispute about the fact that this letter is in the handwriting of Shanthamma and, in our considered view a Court is required to take very serious note of the contents of this letter. Mr. Adi submitted that the prosecution has laid over emphasis on this document. His contention was that even if A-1 was preoccupied with his friends and was not paying enough attention to his wife or even if he was involved in the act of gambling that the reading of the letter indicates that Shanthamma had over reacted, that she had portrayed an ultra sensitive approach and that this is the reason why she has written at length in that letter even resorting at times to poetry. Learned Advocate submitted that the Court must go by the rest of the record and not merely the statements in this letter because the accused had no opportunity to deal with the contents in so far as the writer is no more but he emphatically submitted that the evidence on record in the case does not present as gory a picture as has been made out by Shanthamma in the letter. His submission therefore was that even if the Court were to rely on that letter that it requires to be heavily watered down. ( 7 ) WHILE considering the validity of theconviction recorded against A-1 under Sections 498 (A) and 306, IPC. , we need to examine the crucial issue as to whether the material before us justifies a conviction under these two heads. Even though the trial Court has convicted A-1, having regard to the fact that the case is now in appeal an independent and complete review of that material is necessary. We would prefer to start by considering the implications of the evidence against A-1. The first of the incidents and one of some seriousness emanates from the fact that A-1 had created a scene at Shanthamma's mother's house and wrenched off the 'thali' and flung it off. The act of this type directed against an ordinary newly married Indian wife is an affront of the most heinous type because it is almost synonymous with the renunciation or total contemptuous destruction of the marriage. The fact that A-1 was subsequently forced, due to public pressure, to make amends does not really reduce the gravity of the incident because it is clear from Shanthamma's letter that he did not reform thereafter. The important aspect of this case is that Shanthamma's mother and brother were residing hardly 100 yards away and it has come in evidence of PW. 1 that he used to regularly meet his sister almost on a daily basis while going to the fields and returning and that she used to incessantly complain to him about the harassment and torture that she has been subjected to. The fact that the parents were living close is an aspect of importance because this aspect inspires confidence in our mind with regard to the fact that PWs. 1 and 2 were close enough to observe what was going on between the couple from time to time. The fact that the parents were living close is an aspect of importance because this aspect inspires confidence in our mind with regard to the fact that PWs. 1 and 2 were close enough to observe what was going on between the couple from time to time. It is not like other cases where the situation had to be reported or relayed only when the parties met. Also, this, evidence is totally and fully corroborated by the evidence of PW. 9 Hanumanthareddy who is a neighbour of the couple. This witness has unequivocally deposed to the fact that he over heard the quarrels and abuses on a regular basis and that from the reaction of Shanthamma it was very clear that she was also being assaulted and that he used to hear her cry out on an equally regular basis. The fact that Shanthamma was therefore being subjected to cruelty both physically and mentally is more than fully established. We have also referred to the fact that the situation did get aggravated because there were some imputations about her character to which she reacted strongly. What has then compounded the situation is the fact that accused No. 1 though he was an agriculturist was in the habit of gambling and this was a vice which was strongly resented by Shanthamma. It is an inevitable outcome that such a vice has disastrous consequences and the reaction on the wife when some of her ornaments were disposed of because of the husband's habit of gambling was added to the already high degree of torture and unhappiness between the couple. It is on the basis of this evidence which we have very carefully evaluated that we did find that the conduct of accused No. 1 consistently and over a period of time contributed to a situation whereby the physical and mental well being and welfare of the wife Shanthamma was not only effected but was seriously endangered. It is also clear to us that the torture was not of a minor nature nor was it just recurrent nor for that matter could it be categorised as the usual skirmishes that are part and parcel of marital life. It is also clear to us that the torture was not of a minor nature nor was it just recurrent nor for that matter could it be categorised as the usual skirmishes that are part and parcel of marital life. This was a case in which the level of cruelty was sufficiently deep seated or sufficiently grave and was sufficiently recurring as to bring it squarely within the four corners as the definition envisaged under S. 498-A, IPC. Having regard to this position, we have no hesitation in holding that the conviction recorded by the trial Court against accused No. 1 for the offence under S. 498-A, IPC, is justified and will have to be confirmed. ( 8 ) AS regards the conviction under S. 306, IPC. , Mr. Adi attached the validity of the conviction principally on the ground that there is no evidence direct or circumstantial to indicate that accused No. 1 was in any way connected or concerned with the incident relating to Shanthamma landing in the well and losing her life. Mr. Adi submitted that the evidence is silent with regard to the exact point of time when this happened, the evidence does not allege that accused No. 1 was anywhere around or that he was remotely instrumental in Shanthamma's ultimately losing her life in the well and he therefore submitted that the charge of abatment of suicide is misconceived and will have to be set aside. We need to record here that the facts of this case are unusual. It is true that there is nothing to indicate that accused No. 1 was physically instrumental in the act of Shanthamma landing in the well but at the same time, what we need to take cognizance of is that the evidence very clearly establishesthat it was because of the cruelty inflicted on Shanthamma by accused No. 1 continuously, incessantly and over a period of time that she was driven to the act of suicide or in other words that it is because of what accused No. 1 did that Shanthamma was pushed to a suicide. Within the framework of law as far as S. 306, IPC is concerned if it is demonstrated that the accused was in any manner instrumental in the act of suicide, then it would come within the framework of abetment. Within the framework of law as far as S. 306, IPC is concerned if it is demonstrated that the accused was in any manner instrumental in the act of suicide, then it would come within the framework of abetment. It is true that as far as other offences are concerned, the definition of abetment assumes a different complexion but as far as conduct because of which suicide caused, if it can be clearly demonstrated that there is a nexus between the acts of the accused and that too a direct nexus with the acts of the accused that pushed the deceased to suicide and caused it, then a conviction under S. 306, IPC for abetment of suicide would be justified. In this background, we need to record that Sri Adi advanced an interesting submissi_to us that even if certain acts of cruelty are ascribed to an accused that it must be demonstrated that these acts were committed in the immediate proximity in point of time to the suicide and that unless the prosecution demonstrates this, it cannot be alleged that the suicide was triggered off by the acts of the accused. His submission was that suicide is essentially an act of desperation and that if for a variety of reasons which one cannot really fathom a person commits suicide, that one cannot necessarily relate that act to something which the accused has done unless it can be established beyond all doubt that the suicide was caused because of the acts of the accused and nothing else. There is some justification in this submission and it is precisely for this reason that we have evaluated the record very carefully to ascertain as to whether the acts attributed to the accused were sporadic, whether they were very remote in point of time or whether they consistently continued in such a manner and with such regularity that they alone were responsible for the suicide in question. The record indicates that Shanthamma was a young healthy mother of two children that there did not appear to be anything wrong with her physically or mentally. The record indicates that Shanthamma was a young healthy mother of two children that there did not appear to be anything wrong with her physically or mentally. The record does not indicate that she was faced with any forms of crisis nor had anything else happened that would compel her to suddenly end her life but on the other hand the record indicates that her entire life was centred around accused No. 1 and her marriage, that she was doubly disappointed that even though she was the mother of two children the situation had not improved but it continuously worsened and that it was the accused who was responsible for creating ugly and hurtful scenes, aggravating the situation and ultimately pushing her over the brink. It is for this reason and on the unusual facts and circumstances of this case that we hold that the finding of the trial Court recording a conviction against accused No. 1 for the offence punishable under Sections 306, IPC, is justified. ( 9 ) LASTLY, on the question of sentence Mr. Adi advanced a strong plea that the accused No. 1 is a young person, that he is an agriculturist, that he is the father of two children and that having regard to all the other facts and circumstances on record, the Court should show utmost leniency to him. The learned Govt. Advocate submitted that it is necessary for the Court to take a very clear, realistic and correct view of this case and he even alluded to the fact that instances of this type are rampant and that consequently, it would be incorrect for any Court to adopt an over sympathetic attitude having regard to the record before us. We have considered the submissions advanced by the learned counsel on both sides and we are also guided by the view expressed by different Courts including the Supreme Court from time to time wherein, there has been a very strong and clear condemnation of all forms of atrocities against women and particularly instances of torture and cruelty. We have considered the submissions advanced by the learned counsel on both sides and we are also guided by the view expressed by different Courts including the Supreme Court from time to time wherein, there has been a very strong and clear condemnation of all forms of atrocities against women and particularly instances of torture and cruelty. Under these circumstances, while we confirm the sentence awarded to the accused No. 1 for the offence punishable under S. 498-A, IPC, by the trial Court as far as the second charge is concerned, in view of his age and status in life, we are inclined to reduce the sentence awarded by the trial Court for the offence punishable under S. 306, IPC, to two years rigorous imprisonment and fine of Rs. 1000/- in default rigorous imprisonment for three months. It is directed that the sentences shall run concurrently and that accused No. 1 shall be entitled to set off for whatever period undergone by him in custody. The bail bond of accused No. 1 to stand cancelled. ( 10 ) IN the result, the Criminal Appeal No. 214/1995 partially succeeds. Crl. A. 452/95 preferred by the State fails and stands dismissed. The accused is directed to surrenderbefore the trial Court within a period of six weeks. Order accordingly. --- *** --- .