JUDGMENT Per : Hon’ble B.C. Kandpal, J. — This Criminal Appeal, U/S 374 Criminal Procedure Code, has been filed against the judgment and order dated 31-5-1999, passed by the then Sessions Judge, Pauri Garhwal, in Sessions Trial No. 25 of 1998, State Vs Vimal Tewari and two others, where by the accused/appellants Vimal Tewari, Vijai Prakash Tewari and Smt. Basanti Devi were convicted for the offences punishable U/Ss 304-B read with Section 34 I.P.C. and 498-A read with Section 34 I.P.C. and each of them were sentenced to life imprisonment U/S 304-B/34 I.P.C. and three years R.I. and a fine of Rs. 5000/- U/S 498-A/34 I.P.C. and in default of payment of fine to undergo S.I. for two months. All the sentences were to run concurrently. 2. The facts giving rise to the present appeal, in brief, are that Smt. Kusum Tewari was married with accused Vimal Tewari on 18th June, 1997. Dowry was also given in her marriage by her brothers. However, accused persons Vimal Tewari (husband), Raghunandan (father-in-law), Smt. Basanti Devi (mother-in-law) and Vijai Prakash Tewari (brother-in-law) were not satisfied, hence they started treating Smt. Kusum with cruelty and harassment for their unlawful demand of dowry. She was also beaten by the accused persons. Her cousin Ram Bharonse Pant and other villagers tried to pacify the accused persons but they did not satisfy. When the brothers of the deceased expressed their inability to fulfil the demand of dowry, the accused persons harassed her and compelled her to commit suicide. Consequently the Smt. Kusum died either by consuming poison herself or she was administered poison by the accused persons. The information of the death of the deceased was given to her parental-village by accused Vimal Tewari on 17.3.1998. Thereafter, on 18.3.1998, at about 4.30 p.m. Ram Bharonse Pant, cousin of the prosecutrix, lodged the F.I.R., Ext. Ka. 1, at P.S. Srinagar. On the basis of the written report, chick F.I.R., Ext. Ka. 6 was prepared by Head Moharrir and case was registered against the accused persons vide entry made in the General Diary, copy of which is Ext. Ka. 7. 4. S.I. Anand Singh Kathait, on receiving information of the death of deceased from the Hospital reached in the Hospital, where the dead body of the deceased was lying. He prepared inquest report, Ext. Ka. 10, photo lash, challan lash, Ext. Ka. 12, sample of seal, Ext. Ka. Ka. 7. 4. S.I. Anand Singh Kathait, on receiving information of the death of deceased from the Hospital reached in the Hospital, where the dead body of the deceased was lying. He prepared inquest report, Ext. Ka. 10, photo lash, challan lash, Ext. Ka. 12, sample of seal, Ext. Ka. 11, letter to C.M.O., Ext. Ka. 13, and letter to R.I., Ext. Ka. 14. The I.O. inspected the place of the occurrence and prepared site plan, Ext. Ka. 8. He also took into possession the inland letters, Ext. Ka. 2 to Ka. 4 sent by the deceased to her brother Dinesh Chandra Pant, vide memo Ext. Ka. 9. 5. On 18.3.1998, at 1.05 P.M. Dr. K.C. Jangpangi, Medical Officer, District Hospital, Pauri conducted autopsy on the dead body of the deceased Smt. Kusum Tewari. No external mark of injury was seen over the dead body of the deceased and the Medical Officer opined that her death could not be ascertained, therefore, viscera was preserved for chemical examination. The viscera was sent for chemical examiner and the chemical examiner submitted his report, Ext. Ka. 16, and organ-phosphorous insecticide poison was found in parts of the viscera. After completion of the investigation, the I.O. submitted charge sheet, Ext. Ka. 15 against the accused persons. 6. After committal of the case, the learned Sessions Judge framed charges U/S 498-A/34 and 304-B/34 I.P.C. against the accused persons. They pleaded not guilty to the charges and claimed to be tried. 7. The prosecution, in order to prove its case, examined five witnesses. Out of these, PW-1, Ram Bharonse Pant, is the informant. He has proved the written report, Ext. Ka. 1. This witness also deposed about the ill-treatment of the deceased at the hands of the accused. He has deposed that the deceased after her marriage had come to his house in the month of December and she had narrated about her ill-treatment by the accused persons for not fulfilling the unlawful demand of dowry. According to this witness, the accused had raised demand of Rs. 50,000/-. Thereafter, the deceased was sent to her in-law's house and on 17.3.98 this witness was informed by accused Vimal about the precarious condition of the deceased. This witness also deposed that when he reached at the hospital, the deceased had already died. 8. PW-2, Dinesh Chandra, brother of the deceased has also narrated about the demand of dowry. 50,000/-. Thereafter, the deceased was sent to her in-law's house and on 17.3.98 this witness was informed by accused Vimal about the precarious condition of the deceased. This witness also deposed that when he reached at the hospital, the deceased had already died. 8. PW-2, Dinesh Chandra, brother of the deceased has also narrated about the demand of dowry. He has deposed that the accused persons had made a demand of dowry of Rs. 50,000/-. He has also deposed that he had given draft of Rs. 10,000/- in dowry besides other articles. He had expressed his inability to fulfil the demand of dowry. 9. PW-3, Sarita Pant, and PW-4, Harish Chandra, sister-in-law and brother respectively of the deceased, have also stated about the demand of Rs. 50,000/- made by the accused in the dowry. 10. PW-5, Anand Singh Kathait, is the Investigating Officer of the case. He is a formal witness. This witness has narrated the steps taken by him during investigation and also proved the documents prepared by him. 11. The accused persons in their statements U/S 313 Cr.P.C. have denied the prosecution allegations and have stated that they have been falsely implicated due to enmity. 12. The accused persons also produced Shiv Prasad DW-1 in their defence. This witness has been produced to depose that the death of the deceased had occurred due to consuming poison by her and no demand of Rs. 50,000/- was made by the accused persons during marriage of the deceased. This witness also deposed that no complaint was ever made by the deceased, her uncle or any other person about the cruelty and unlawful demand of dowry by the accused persons. 13. The trial court after hearing learned counsel for the parties and perused the record, held the accused persons guilty for an offence punishable U/Ss 304-B read with Section 34 I.P.C. and 498-A read with Section 34 I.P.C. and each of them were sentenced to life imprisonment U/S 304-B/34 I.P.C. and three years R.I. and a fine of Rs. 5,000/- each U/S 498-A/34 I.P.C. and in default of payment of fine to undergo S.I. for two months. All the sentences were to run concurrently. 14. Feeling aggrieved, the accused/appellants have prepared the appeal before the Allahabad High Court, which has been transferred to this court after creation of new State. 15. 5,000/- each U/S 498-A/34 I.P.C. and in default of payment of fine to undergo S.I. for two months. All the sentences were to run concurrently. 14. Feeling aggrieved, the accused/appellants have prepared the appeal before the Allahabad High Court, which has been transferred to this court after creation of new State. 15. During the pendency of the appeal, accused/appellant Vijai Prakash Tewari has died and the case stand abated against him vide order dated 20.4.2005. 16. Heard learned counsel for the parties and perused the record. 17. It is not disputed between the parties that deceased Smt. Kusum was married with accused/appellant Vimal Tewari on 18.6.1997. Smt. Kusum died in the house of her inlaws on 17.3.1998. Therefore, it is quite clear that the death of Smt. Kusum occurred in the house of her husband and inlaws within a period of seven years of her marriage and in suspicious circumstances. The death of Smt. Kusum was unnatural as the viscera of Smt. Kusum was preserved. The report of the chemical examination is available as Ext. Ka. 16 on the record which reveals that poison was found in the part of viscera. 18. It is now to be considered as to whether the deceased Smt. Kusum was subjected to cruelty or harassment by the accused/appellants in connection with the demand of dowry soon before of her death. In order to establish this aspect, the prosecution produced four witnesses, i.e. PW-1, Ram Bharonse Pant, cousin brother of the deceased, PW-2, Dinesh Chandra, real brother of the deceased, PW-3, Smt. Sarita Pant, real sister in law of the deceased and PW-4, Harish Chandra, real brother of the deceased. The testimony of PW-1, Ram Bharonse, shows that accused/appellant Vimal Tewari, husband of the deceased Smt. Kusum, demanded Rs. 50,000/- in dowry from Dinesh Chandra Pant, who is the real brother of the deceased. On refusal by Dinesh Chandra to fulfil the demand of dowry, accused/appellant Vimal Tewari did not take food in the marriage, but the matter was ultimately pacified. After marriage, Smt. Kusum had gone to the house of her inlaws and when she came back in the month of December, then she told that her mother-in-law, husband and Jeth humiliated her for bringing meager dowry. Smt. Kusum further told that the accused were demanding Rs. 50,000/- as dowry. She stayed for some days in her parental house. After marriage, Smt. Kusum had gone to the house of her inlaws and when she came back in the month of December, then she told that her mother-in-law, husband and Jeth humiliated her for bringing meager dowry. Smt. Kusum further told that the accused were demanding Rs. 50,000/- as dowry. She stayed for some days in her parental house. Thereafter, her husband had come to bring her. Smt. Sarita Devi, sister-in-law of the deceased, was also there in the village during those days and she pacified the accused Vimal Tewari and thereafter Smt. Kusum went with her husband. This witness has further deposed that on 17.3.1998 accused Vimal Tewari came to his village and the accused gave him information that Smt. Kusum was in some serious condition in the hospital. This witness reached at the hospital where he found Smt. Kusum dead. 19. PW-2, Dinesh Chandra, real brother of the deceased also supported the prosecution case by saying that Vimal Tewari did not take food at the time of the marriage as his demand of Rs. 50,000/- was not fulfilled. However, the matter was pacified by the village people. He further deposed that one draft of Rs. 10,000/- was handed over to the accused Vimal Tewari and other articles were also given according to their capacity. This witness proved two letters written by Smt. Kusum and he deposed that these letters are in the hand writing of his sister Kusum. 20. PW-3, Smt. Sarita Pant, has also deposed in her testimony that accused Vimal Tiwari demanded Rs. 50,000/- from her husband Dinesh Chandra Pant at the time of the marriage but he refused to fulfil such demand and Vimal Tewari on the refusal got annoyed and did not take food. However, the matter was pacified. Further on 20.11.1997 when Vimal Tewari came at her house, in District Ghaziabad, she was alone and Vimal Tewari inquired from her about her husband. Vimal Tewari wanted to take Rs. 50,000/- in cash and when he came to know that her husband Dinesh Chandra was not in the house, then he went away without taking any meal and tea. Thereafter, Vimal Tewari sent one telegram at Ghaziabad and on receiving the telegram, Naresh was sent to the house of Vimal Tewari, who brought Smt. Kusum from there. 50,000/- in cash and when he came to know that her husband Dinesh Chandra was not in the house, then he went away without taking any meal and tea. Thereafter, Vimal Tewari sent one telegram at Ghaziabad and on receiving the telegram, Naresh was sent to the house of Vimal Tewari, who brought Smt. Kusum from there. This witness further deposed that Smt. Kusum reached in the village on 13.1.1998 where the accused Vimal Tewari and her Nanad (husband's sister) Smt. Kusum met her and at that time also the accused demanded Rs. 50,000/-. She has also proved two letters allegedly sent by Smt. Kusum to her husband. 21. PW-4, Harish Chandra, is the real brother of Smt. Kusum and he also deposed that Rs. 50,000/- was demanded by accused Vimal Tewari from Dinesh Chandra Pant at the time of marriage. Dinesh Chandra refused to fulfil the illegal demand and on his refusal Vimal Tewari got annoyed. However, the matter was pacified. This witness has further deposed that after the marriage Vimal Tewari reached Ghaziabad where he was residing. After one month, Vimal Tewari sent a telegram mentioning therein that his sister was ill. On receiving the telegram he reached at the house of Vimal Tewari where he found that his sister was all right and the telegram was false. His sister told him that she was being harassed on account of demand of dowry. 22. Therefore, the testimony of PW-1 to PW-4 reveal that accused Vimal Tewari demanded Rs. 50,000/- as dowry at the time of marriage from Dinesh Chandra, who is the real brother of deceased and on the refusal to fulfil the demand, Vimal Tewari was annoyed and did not take food. However, the matter was pacified. The testimony of these witnesses also reveal that the deceased was being subjected to harassment and torture after the marriage due to non-fulfilment of demand of dowry. The evidence further reveal that Vimal Tewari reached Ghaziabad to make a demand of Rs. 50,000/- from Dinesh Chandra Pant, PW-2. The deceased was subjected to continuous harassment and cruelty and only on account of the same she committed suicide by consuming poison in her inlaws house. The testimony of all these prosecution witnesses cannot be discarded merely on the ground that they are relatives of the deceased. 50,000/- from Dinesh Chandra Pant, PW-2. The deceased was subjected to continuous harassment and cruelty and only on account of the same she committed suicide by consuming poison in her inlaws house. The testimony of all these prosecution witnesses cannot be discarded merely on the ground that they are relatives of the deceased. There is no contradiction or discrepancies in the cross-examinations of these witnesses and all the witnesses have categorically stated that it was accused Vimal Tewari who used to demand Rs. 50,000/- since the time of the marriage and the deceased was being subjected to cruelty and harassment on account of demand of dowry. It has also come in the evidence that accused Vimal Tewari sent a false telegram to Dinesh Chandra intimating therein that Smt. Kusum was ill but subsequently it was found that the telegram was false and Smt. Kusum was found hale and hearty at her inlaws house. It has also come in the evidence that this telegram was sent only to call the witnesses to make demand of dowry of Rs. 50,000/-. 23. It is important to mention here that Smt. Kusum sent the inland letter, Ext. Ka. 2 to her elder brother Dinesh Chandra Pant and following words were used by her in the letter :- "Kahta hai kya de rakha hai tere bhaiyon ne, agar T.V. dekhti hun to band kar deta hai. Kahta hai tera baap ne de rakha hai. Raat-din mujhe dahej ke liye pareshaan karta rahta hai. Bhai Ji main jindagi se bahut pareshaan hun........ jab mujhe ye ish tarah pareshaan karte rahenge to mujhe galat kadam uthane ke liye majboor hona parega." 24. It is, therefore, quite clear from the perusal of the letter that Smt. Kusum was being tortured and harassed by accused Vimal Tewari due to non-fulfilment of such demand of dowry and she was compelled to commit suicide on account of the aforesaid harassment. 25. Further another letter, Ext. Ka. 3, which was sent by Smt. Kusum to her elder brother Dinesh Chandra, reveals that following words were also used therein :- "Sirf paise se pyar hai, inshan se nahin......... mujhe maloom nahin tha mere pati ko mujh se nahin balki ushe to mere dahej se matlab tha. Jis din se meri shaddi hui hai ush din se mera pati mujhe raat-din marta rahta hai....... mujhe maloom nahin tha mere pati ko mujh se nahin balki ushe to mere dahej se matlab tha. Jis din se meri shaddi hui hai ush din se mera pati mujhe raat-din marta rahta hai....... mujhe nahin pata tha ki ye mujh se nahin balki isne mere paise se pyar kiya hai. Har samaya koi-na-koi nayee chaal chalta rahta hai." 26. The prosecution has also produced another letter, Ext. Ka. 4, which is also alleged to be in the hand writing to Smt. Kusum and this letter was received by Dinesh Chandra Pant, after her death. This letter also reveals that following words were used therein :- "Bhai ji patra dene ka khaas karan yah hai ki yah mujhe bahut pareshaan kar rahen hain. Kah rahen hain ki tu jaakar apne bhaiyon ke paas rah le, main tujhe nahin rakh sakta...... raat-din taane sunti rahti hun ki tere bhaiyon ne kya de rakha hai." 27. Therefore, the above letters clearly indicate that the deceased was being tortured by the accused Vimal Tewari on account of non-fulfilment of dowry demand. These letters were written by the deceased before her death. Therefore, it is quite clear from the documents that the deceased was subjected to cruelty by the accused Vimal Tewari after her marriage and before her death on account of non-fulfilment of demand of the dowry. The deceased died an unnatural death about within 9 months of her marriage. The evidence clearly establish that Smt. Kusum committed suicide by consuming poison on account of cruelty and harassment committed upon her. 28. The defence has produced DW-1, Shiv Prasad in order to rebut the presumption U/S 113-B of the Indian Evidence Act. This witness deposed that Smt. Kusum consumed poison and died due to such consumption in the hospital and he has further deposed that he is the neighbour of the accused persons and Rs. 50,000/- as dowry was demanded in the marriage, as he was also present there. Nothing has come in the testimony of this witness that he ever intimated the investigating officer at the investigation stage for rebutting such presumption. This witness admitted in his cross-examination that he was not called through the summon of the court, but he came to the court for deposition at the request of the accused. Nothing has come in the testimony of this witness that he ever intimated the investigating officer at the investigation stage for rebutting such presumption. This witness admitted in his cross-examination that he was not called through the summon of the court, but he came to the court for deposition at the request of the accused. He further admitted in his cross-examination that he had no knowledge as to what type of treatment was given by the inlaws of deceased Kusum to her. Therefore, no reliance can be attached on the evidence of this witness. 29. On the basis of the assessment of evidence on record, we come to the conclusion that the cruel treatment meted out to Smt. Kusum was of such nature that it had driven the lady to commit suicide. The offences U/S 306 I.P.C. and 498-A I.P.C. are made out instead of the offence U/S 304-B I.P.C. The evidence on record establish that the conduct of the husband amounting to cruelty is established leaving no other option for the woman except to commit suicide, amounts to abetment to commit suicide. 30. As far as the role assigned to Smt. Basanti Devi, mother-in-law of deceased Smt. Kusum is concerned, we find that no role has actually been attributed to the mother-in-law by any of the witnesses produced by the prosecution. Therefore, in the absence of any cogent evidence regarding the cruelty committed upon the deceased by Smt. Basanti Devi, we cannot hold Smt. Basanti Devi guilty U/S 304-B read with Section 34 I.P.C. and 498-A/34 I.P.C. 31. So far as the appeal of Vijai Prakash Tewari, who was Jeth (brother-in-law) of deceased Smt. Kusum, is concerned the same has already been abated on account of death of appellant Vijay Prakash. 32. The evidence on record clearly reveal that Smt. Basanti Devi, mother-in-law of the deceased Smt. Kusum cannot be held guilty for the commission of the offences U/Ss 304-B/34 I.P.C. and 498-A/34 I.P.C. She is, therefore, entitled to acquittal of the charges levelled against her. 33. As far as the case of accused Vimal Tewari is concerned, it is quite clear that the deceased Smt. Kusum committed suicide on account of the cruelty subjected upon her. Smt. Kusum was subjected to cruelty on account of demand of dowry and ultimately on the basis of the humiliation suffered by her, she committed suicide. 33. As far as the case of accused Vimal Tewari is concerned, it is quite clear that the deceased Smt. Kusum committed suicide on account of the cruelty subjected upon her. Smt. Kusum was subjected to cruelty on account of demand of dowry and ultimately on the basis of the humiliation suffered by her, she committed suicide. Therefore, the appellant Vimal Tewari is held guilty for abetment to commit suicide. 34. For the reasons stated above, we are of the view that the accused Vimal Tewari, is held guilty for having committed the offences U/S 306 I.P.C. as well as section 498-A I.P.C. The accused/appellant Vimal Tewari is accordingly sentenced for seven years R.I. U/S 306 I.P.C. and three years R.I. and a fine of Rs. 5,000/- and in default of payment of fine to further undergo R.I. for six months U/S 498-A I.P.C. Both the sentences will run concurrently. 35. Thus the appeal preferred by the accused/appellant Vimal Tewari is partly allowed. The conviction and sentence of accused/appellant Vimal Tewari is modified to the extent that he is convicted U/Ss 306 I.P.C. and 498-A I.P.C. and is sentenced to seven years R.I. U/S 306 I.P.C. and three years R.I. and fine of Rs. 5,000/- and in default of payment of fine to further undergo R.I. for six months U/S 498-A I.P.C., instead of conviction and sentences imposed against him U/S 304-B/34 I.P.C. and 498-A/34 I.P.C. by way of impugned judgment and order passed by the trial court. The accused/appellant Vimal Tewari is already in jail. He shall be detained in custody to serve out the sentences imposed against him. 36. However, the appeal filed by Smt. Basanti Devi, mother-in-law of deceased Smt. Kusum is allowed and her conviction and sentences U/Ss 304-B/34 I.P.C. and 498-A/34 I.P.C. imposed against her by the trial court is hereby set aside. The accused/appellant Smt. Basanti Devi is on bail. Her bail bonds are cancelled and sureties discharged.