JUDGMENT K.C. Gupta, J. - This appeal has been filed by Bhola Singh against the judgment and order dated 11.1.1990 passed by the Additional Sessions Judge, Bhatinda, whereby he found him guilty and convicted him under Section 306, Indian Penal Code and sentenced him to undergo R.I. for 3 years and fine of Rs. 500/-; in default of payment of fine he was further sentenced to undergo R.I. for three months. 2. Briefly stated, the facts are that Smt. Kulwant Kaur (now deceased) daughter of Sunder Singh was marred with the appellant about 10 years prior to the occurrence. She had given birth to two sons out of the said wedlock out of which one had died. The appellant used to level false allegations against her character. 3. About 2 months prior to the occurrence, Kulwant Kaur visited the house of her brother Bhagat Singh and told him that Bhola Singh appellant was levelling false allegations against her character. She stayed there for about 1-1/2 months and then was brought back to the house by Bhola Singh appellant 15 days prior to the occurrence by promising that he would not level false allegations against her character in future. 4. On 19.1.1987 Bhagat Singh received an information through Railway control room that her sister Kulwant Kaur had set herself ablaze and admitted in the hospital. He along with his brother Santokh Singh went to the hospital and on enquiry Kulwant Kaur told them that she had set herself on fire as Bhola Singh was levelling false allegations against her character. Statement of Kulwant Kaur was recorded by ASI Sunder Singh. Her statement was also recorded by Judicial Magistrate Ist Class, Bhatinda. On the basis of her statement recorded by ASI Sunder Singh formal FIR Ex. PL/1 was recorded. Kulwant Kaur succumbed to her injuries on 24.1.1987 at about 6.30 A.M. in Rajindera Hospital, Patiala. Statements of the witnesses were recorded. After completion of the investigation, the present challan was put up in the Court of Judicial Magistrate Ist Class, who in turn committed the case to the court of Sessions. 5. Having made out a prima facie case, the appellant was charged under Section 306, Indian Penal Code to which he pleaded not guilty and claimed trial. 6. In order to prove the allegations, the prosecution examined 11 witnesses. 7. 5. Having made out a prima facie case, the appellant was charged under Section 306, Indian Penal Code to which he pleaded not guilty and claimed trial. 6. In order to prove the allegations, the prosecution examined 11 witnesses. 7. After close of the prosecution evidence, statement of the appellant was recorded under Section 313, Criminal Procedure Code wherein he denied the prosecution allegations and pleaded false implication. He next stated that he was not present at the house at the time of alleged occurrence but on receipt of information about the occurrence, he rushed to his house and took Kulwant Kaur to the civil hospital Bhatinda and got her treated there and incurred all the expenses. He further stated that he had informed brothers of the deceased through wireless message and they reached in the civil hospital and instigated her to lodge a false complaint against him. He next stated that Kulwant Kaur used to remain out of the house for which he used to protest to her. However, he did not produce any defence evidence. 8. After hearing learned P.P. for the State and the learned defence counsel, the learned Addl. Sessions Judge, Bhatinda, vide his judgment dated 11.1.1990 found the appellant guilty and convicted him under Section 306, Indian Penal Code and sentenced him vide order of even date as stated in the earlier part of the judgment. 9. Aggrieved by the said judgment and order, the accused has filed the present appeal. 10. I have heard Mr. T.S. Sangha, learned counsel for the appellant, Mr. Tarun Veer Vashishat, learned DAG Punjab and carefully gone through the file. 11. PW4 Dr. Charanjit Garg medico legally examined Kulwant Kaur wife of Bhola Singh on 19.1.1987 at 8.00 P.M. and found that there were burns over the front of abdomen, all the four limbs and part of face about 50%. In cross- examination he stated that Kulwant Kaur was brought to the civil hospital by her brother Santokh Singh who had attested the medico legal report in Punjabi. This shows that she was not brought to the civil hospital by Bhola Singh appellant. If she had been brought by the appellant, his name must have been mentioned in the M.L.R. 12. This shows that she was not brought to the civil hospital by Bhola Singh appellant. If she had been brought by the appellant, his name must have been mentioned in the M.L.R. 12. PW5 Amar Singh Clerk, Rajindera Hospital, Patiala, stated that Smt, Kulwant Kaur wife of Bhola Singh who was referred from the civil hospital, Bhatinda to Rajindera Hospital, Patiala died on 24.1.1987 at 6.30 a.m. 13. PW8 Bhagat Singh stated that he had got two brothers and three sisters. He next stated that Kulwant Kaur deceased was his sister and she was married to Bhola Singh about 10 years ago and she had given birth to two sons out of which one had died. He further stated that Kulwant Kaur had visited his village about 2 months prior to the occurrence and told that Bhola Singh was levelling allegations against her. He further stated that she stayed for about 1-1/2 months at their house prior to the occurrence and about 15 days prior to her death she was taken away by Bhola Singh appellant to his house. He next stated that Bhola Singh had given an undertaking that he would not level allegations against Kulwant Kaur in future. He further stated that on 19.1.1987 he received information from Railway Control from that Kulwant Kaur had set herself on fire and was admitted in the hospital. Then he along with his brother Santokh Singh went to the hospital. He next stated that Kulwant Kaur had told him that she had set herself on fire as Bhola Singh was levelling allegations against her and after that they took Kulwant Kaur to Patiala where she expired on 24.1.1987. This shows that in fact she was admitted in the hospital by Bhola Singh appellant and her brothers Santokh Singh and Bhagat Singh went there afterwards. So, the statement of PW4, Dr. Charanjit Garg that she was brought to the hospital by her brother Santokh Singh is not correct. In cross-examination, he stated that Bhola Singh was employed in the Railway Department and information was sent to him through Railway Control room. He next stated that appellant had not remarried after the occurrence and Hardev Singh son of her sister Kulwant Kaur deceased was living with him and was aged about 6 years. In cross-examination, he stated that Bhola Singh was employed in the Railway Department and information was sent to him through Railway Control room. He next stated that appellant had not remarried after the occurrence and Hardev Singh son of her sister Kulwant Kaur deceased was living with him and was aged about 6 years. He further stated that he did not make any complaint against the appellant about maltreatment of Kulwant Kaur to any higher authority. He next stated that case had already been registered against Bhola Singh before they reached Bhatinda hospital. He further stated that whenever Kulwant Kaur called any relation, the appellant used to suspect her for immoral activities. 14. PW10 Shri P.K. Goel, JMIC, Sunam stated that on 19.1.1987 he had visited the civil hospital, Bhatinda and recorded statement of Kulwant Kaur Ex. PW10/B in the presence of Dr. Bhushan Kaur and Kulwant Kaur had thumb marked the same after admitting it to be correct. He further stated that as per certificate or doctor, Kulwant Kaur was fit to make a statement. 15. In her statement Ex. PW10/B, which was recorded by the Judicial Magistrate, Bhatinda, Kulwant Kaur had stated that she was married with Bhola Singh about 8 years ago and out of the said period for 4 years she did not live with him. She next stated that about 2 months ago, Bhola Singh had turned her out of the house and she went to the house of her brother and then appellant had brought her back about 15 days prior to the occurrence. She next stated that for about 4 days, he kept her properly and then started saying that he would not keep her and either she should seek divorce or should die but she refused to take divorce and told that she would seek maintenance. He had even threatened to stab her with a chhuri. She next stated that at about 7.00 a.m. she had told the appellant that she was to cook food for eating purpose but Bhola Singh told that she would not cook anything and further told that she should die and burn herself. She next stated that her son had told the appellant that mother was going to burn but Bhola Singh told that let her burn. Thereafter, she put oil upon her and set her on fire. She next stated that her son had told the appellant that mother was going to burn but Bhola Singh told that let her burn. Thereafter, she put oil upon her and set her on fire. However, her mother-in-law fell upon her in order to extinguish the fire and extinguished her fire. Bhola Singh appellant then took her to the hospital. She further stated that Bhola Singh used to say her to burn herself and out of anger she got herself burnt. She next stated that whenever there used to be ringing of bell at the door then he would say that her friend (Yaar) had come. The statement of Kulwant Kaur was recorded after getting certificate from Dr. Bhushan Kumar that she was fit to make a statement. 16. Prior to the recording of statement by Judicial Magistrate, she had made statement to PW11 ASI Sunder Singh. A perusal of the statement made to the said witness shows that she had simply stated that Bhola Singh used to quarrel with her and used to level false allegations and about 2 months ago, out of anger she had left his house and went to her brother at Patiala and stayed there for about 1-1/2 months and then the appellant brought her back but he had kept her properly for four days and then again started levelling false allegations. She next stated that on 19.1.1987 at about 7.00 A.M. Bhola Singh was lying on the cot and she enquired from him about cooking and taking of food but he told that she was neither to cook the same nor they would eat and further told her to burn herself and tired of the taunts, she put kerosene oil and set her on fire. However, in her statement recorded before the Judicial Magistrate, she had made some improvements. 17. There is no allegation that the appellant tortured or harassed Smt. Kulwant Kaur (deceased) on account of demand of dowry. It is true that the appellant used to taunt her and sometimes doubted her character as he appears to be a man of suspicious nature. However, if a husband says to his wife that he would not live with her and she should seek divorce or she should burn herself, then it does not mean instigation or abetment within the parameters of Section 306, Indian Penal Code. However, if a husband says to his wife that he would not live with her and she should seek divorce or she should burn herself, then it does not mean instigation or abetment within the parameters of Section 306, Indian Penal Code. There is no evidence that on the day of occurrence the appellant had given her beating or levelled such allegations against her character that she was forced to commit suicide by putting kerosene oil upon her body. It is not the case that the appellant had insulted or levelled false allegations about her character before her brothers or before any other person. Section 107 Indian Penal Code, defines abetment. It states that if a person abets the doing of thing, who instigates any other person to do that thing; or intentionally aids, by any act of illegal omission, the doing of that thing. From the facts stated above, it cannot be said that the appellant had instigated his wife Kulwant Kaur to commit suicide. It appears that it was just his routine that he used to say that he would not stay with her or that she should die or burn herself. Although he did not actually mean that she should die by burning. The subsequent conduct of the appellant shows that he had taken his wife Kulwant Kaur to the civil hospital Bhatinda and got her admitted there. He had further informed brothers of Kulwant Kaur deceased through wireless message and they reached in the hospital prior to her death. Even mother of the appellant fell upon her and extinguished the fire. The appellant even did not perform the second marriage. There is no evidence that Bhola Singh appellant ever maltreated her. What allegations were levelled against her character are not known. From the mere fact that he did not want to keep her and told that she might seek divorce or could die, it cannot be inferred that appellant had instigated her to commit suicide. It is not the case that Kulwant Kaur was recently married as the marriage had taken place about 10 years prior to the occurrence, such type of vague allegations were levelled by the appellant against his wife Kulwant Kaur from the very beginning. It appears that he was slightly eccentric. However, he did not mean anything. It is not the case that Kulwant Kaur was recently married as the marriage had taken place about 10 years prior to the occurrence, such type of vague allegations were levelled by the appellant against his wife Kulwant Kaur from the very beginning. It appears that he was slightly eccentric. However, he did not mean anything. There is no evidence that on the day of occurrence something grave had happened which compelled her to commit suicide by burning herself. Therefore, the act and conduct of the appellant does not come under the definition of abetment i.e. no inference can be reasonably drawn against the appellant that by this act and conduct he had instigated or abetted the commission of suicide by his wife Kulwant Kaur. 18. For the reasons given above, I hold that the prosecution has miserably failed to bring home charge against the appellant under Section 306, Indian Penal Code beyond reasonable doubt. Consequently, the appeal is accepted and the appellant is acquitted by giving benefit of doubt. Appeal allowed.