Judgment KANWALJIT SINGH AHLUWALIA, J. 1. This appeal is directed against the judgment of conviction and order of sentence pronounced by Additional Sessions Judge, Gurgaon whereby he convicted Ashok Kumar husband, Dharmo Devi mother-in-law and Manoj Kumar younger brother of the husband (Dewar) of the deceased Kamlesh, who is said to have committed suicide on 8th September, 1994. 2. The trial Court found above said all the appellants guilty of offence under Sec.306 IPC. The trial Court sentenced Ashok and Manoj to undergo rigorous imprisonment for five years and to pay fine of Rs.5000/- each, in default of payment of fine to further undergo rigorous imprisonment for six months. Accused Dharmo Devi was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.5000/-, in default of payment of fine to further undergo rigorous imprisonment for six months. 3. Fir in the present case was registered on the basis of statement made by Daropati Devi aged 50 years wife of Gopal dass. Daropati Devi was mother of the deceased Kamlesh. In the FIR, she stated that she gave birth to three sons and four daughters. Kamlesh was the second daughter of the complainant. She was married with Ashok Kumar accused in year 1986. When the complainant visited her daughter to know her welfare, her in-laws leveled false allegations against Kamlesh. Kamlesh was advised to make adjustments and keep her in-laws happy. She further stated that about four months ago, her son-in-law Ashok Kumar told her daughter that in case she tells anything to her mother, he will liquidate her brothers with knife. She further stated that Ashok Kumar, his mother Dharmo Devi and younger brother Manoj Kumar often used to beat her daughter. They had harassed her daughter and have murdered her. 4. The above said statement Ex. PA was recorded by ASI Puran Mall, in charge of Police Post, Patoudi on 8th September, 1994 at 9.20 p. m. Formal FIR ex. PA/2 was registered on 8th September, 1994 at 9.40 p. m. at Police Station city Gurgoan. Thereafter, investigating agency inspected the spot and recovered suicide note Ex. DB and a piece of rope vide possession memo Ex. DF. Suicide note ex. DB when translated into English, read as under: "i am fed up with my life, therefore, I am committing suicide. Nobody is responsible. Sd/-Kamlesh" 5. Report under Sec.173 Cr. P. C. was submitted. Thereafter, investigating agency inspected the spot and recovered suicide note Ex. DB and a piece of rope vide possession memo Ex. DF. Suicide note ex. DB when translated into English, read as under: "i am fed up with my life, therefore, I am committing suicide. Nobody is responsible. Sd/-Kamlesh" 5. Report under Sec.173 Cr. P. C. was submitted. Appellants were charged on 4th april, 1995 for offence under Sec.306 IPC. The charge stated that on 8th september, 1994 at 3.10 p. m. in the area of city Gurgaon, Kamlesh wife of Ashok kumar had committed suicide and all accused had abetted its commission by torturing and harassing her. The appellants pleaded not guilty and claimed trial. Daropati Devi appeared as pw-1. She stated that Kamlesh was her daughter. She was married to Ashok Kumar on 29th August, 1986. The accused Dharmo Devi was mother-in-law of the deceased and accused Manoj Kumar was her Dewar (younger brother of husband ). She was given beating. Ashok had maltreated her as he was drug addict and used to consume smack. At one time, accused Ashok took out a knife to attack Kamlesh in the presence of the witness. Accused Dharmo Devi and Manoj were also maltreating and beating Kamlesh. Ultimately, the accused persons committed her murder. In cross examination, she stated that Ashok Kumar was visiting her house to meet Kamlesh in her absence. This fact came to their knowledge later on and then marriage was arranged without their consent. She stated that Ashok was visiting their house before marriage as a guest and he used to come to the house in the absence of the witness. She further stated that when she had gone to attend her duty, Ashok brought Kamlesh to Gurgaon and had performed Court marriage. She further stated that Ashok had performed Court marriage against her wishes. The witness sated "about the habit of smack of Ashok, I came to know about three years after marriage. I cannot tell since when he had been taking smack. I cannot say whether he had been taking smack even before marriage. " This witness further admitted that Kamlesh had given birth to a daughter aged three years. She further stated that Ashok had given the daughter in adoption. In cross examination, she specifically stated as under: "It is correct that father of Manoj was living separate. I cannot say whether he had been taking smack even before marriage. " This witness further admitted that Kamlesh had given birth to a daughter aged three years. She further stated that Ashok had given the daughter in adoption. In cross examination, she specifically stated as under: "It is correct that father of Manoj was living separate. Again said all of them were living together in one house. They have 3/4 houses. It is correct that there is a separate house adjoining the house in which, Bal Kishan, Manoj and Dharmo Devi were residing". 6. Lila Devi appeared as PW-2. She was sister of the complainant Daropati Devi. She stated that marriage of Kamlesh took place 10 12 years back and Kamlesh deceased used to tell her that Ashok accused was drug addict. One day when it was Janamashtami she became aware of the fact at the instance of Daropati Devi that Ashok was detained by the police. This witness was declared hostile by the prosecution as she resiled from her previous statement. In cross examination, she stated that it is correct that all the accused were maltreating Kamlesh. Harish Kumar appeared as pw-3. He stated that Kamlesh was sister of his wife. She was married to Ashok 8 9 years ago. He stated that he cannot tell whether Ashok was drug addict. He further stated that deceased had never told anything and had never complained against any of the accused. He was declared hostile as he also resiled from his previous statement. The public prosecutor when conducted cross examination, this witness admitted that Kamlesh had shown him the injuries suffered by her at the hands of accused. When cross examined by the defence counsel, this witness admitted as under: "It is correct that Kamlesh was very upset, due to the drug habits of Ashok." Gopal Dass father of Kamlesh appeared as PW-4. He stated that after marriage, ashok became smack addict and all the three accused started beating Kamlesh. 7 Mool Chand Punia, Draftsman appeared as PW-5. He prepared scaled site plan Ex. PC. Rattan Singh SI PW-6 stated that he was posted at Police station Patoudi, he had recorded statement of the Draftsman under Sec.161 cr. P. C. Puran Mal SHO PW-7 proved various aspects of the investigation. Dr. 7 Mool Chand Punia, Draftsman appeared as PW-5. He prepared scaled site plan Ex. PC. Rattan Singh SI PW-6 stated that he was posted at Police station Patoudi, he had recorded statement of the Draftsman under Sec.161 cr. P. C. Puran Mal SHO PW-7 proved various aspects of the investigation. Dr. Sanjay Narula PW-8 conducted autopsy and stated that cause of death was asphyxia due to hanging, which was ante mortem in nature. In cross examination, it was stated that most probably it was a case of suicide. Abhey Singh Inspector PW-9 submitted report under Sec.173 cr. P. C. In cross examination, he admitted that it is correct that accused Ashok was found to be drug addict. Gopal Chawla PW-10 is photographer. He had taken ten photographs of the dead body Ex. P11 to P-20 and the negatives were exhibited as Ex. P1 to P10. Chanderbhan appeared as PW-11. He stated that kamlesh was daughter of sister of his wife. She was married with Ashok. Their married life was smooth for 2/3 years. Then he came to know that Ashok was drug addict. He stated in examination in chief that however, accused Dharmo Devi and manoj were not harassing Kamlesh. In cross examination, this witness stated that Ashok was habitual of drugs. He used to take away earnings of Kamlesh. 8. Thereafter, prosecution closed its evidence. Statement of accused under Sec.313 Cr. P. C. was recorded. They pleaded not guilty and claimed trial. Ashok Kumar husband stated that three daughters were born out of the marriage. He got addiction to the drugs and was unemployed. Therefore, Kamlesh went into depression and committed suicide. 9. Letter Ex. DA written by Kamlesh has also been brought on record, in which she had stated that she wanted to meet her mother, but as a quarrel took place in her family, she was not in a position to meet them. 10. I have heard counsel for the parties. From the analysis of the evidence, it is evident that it is a case of love marriage. Daropati Devi admitted that in her absence, accused Ashok used to come and meet the deceased kamlesh and later they had performed Court marriage to their annoyance, but afterward they had consented to the marriage. 10. I have heard counsel for the parties. From the analysis of the evidence, it is evident that it is a case of love marriage. Daropati Devi admitted that in her absence, accused Ashok used to come and meet the deceased kamlesh and later they had performed Court marriage to their annoyance, but afterward they had consented to the marriage. She has also admitted in the cross examination, that father of Ashok husband and her daughter, along with dharmo Devi and Manoj accused were residing separately. In chief, she stated that Ashok was addicted to consumption of smack. It can be safely assumed that consumption of smack causes havoc in the life of the drug addict and to the family members. Kamlesh deceased as wife had to bear the brunt of the habits of her husband Ashok. It is not a case where any demand of dowry was made. It has come in evidence of PW-4 Gopal Dass that ashok was a smack addict and he used to snatch away the earnings of Kamlesh. Kamlesh had given birth to three daughters. Harish Kumar PW-3 husband of the sister of Kamlesh deceased had stated that Kamlesh was very upset due to drug habits of Ashok. PW-2 Lila Devi had also stated that Ashok was drug addict and was detained at Police Station. PW-11 Chanderbhan, a close relative also deposed that Ashok was habitual of drugs and used to take away the earnings of kamlesh. Thus, it can be safely concluded that primarily Ashok, who was a drug addict, was responsible for the suicide of deceased Kamlesh. The suicide note ex. DB also states that deceased was fed up with her life, found answer in suicide and stated that nobody should be held responsible. The allegations, which have surfaced in the letter Ex. DA and the evidence of the witnesses that family of in-laws was not permitting Kamlesh to meet her parents are trivial in nature and are not such which will drive the deceased Kamlesh to commit suicide, especially when all witnesses have stated that Kamlesh was upset due to the fact that her husband Ashok was a drug addict. It is well known that a drug addict, especially who consumes smack, cannot remain without the same and to procure such a drug, deceased was harassed by her husband to part away with her earnings. 11. It is well known that a drug addict, especially who consumes smack, cannot remain without the same and to procure such a drug, deceased was harassed by her husband to part away with her earnings. 11. Thus, taking into consideration that it has been admitted by complainant that Dharmo Devi and Manoj were residing separately, as a matter of abundant caution, Dharmo Devi and Manoj are acquitted of the charges, as this court has held that primarily the deceased committed suicide for the reasons that her husband was a drug addict. However, present appeal qua accused Ashok husband of the deceased is dismissed and his conviction and sentence is maintained.