Indian Penal Code, 1860
Sections 304B, 498A & 504—Dowry death—Conviction—Appeal—Every harassment or ill-treatment do not qualify the term cruelty to attract Section 498-A of IPC—Frequent quarrel used to take place at the matrimonial house of deceased—Quarrels by itself will not be incriminating unless it fall within the term ‘cruelty’ sufficient to drive the victim to commit suicide—Clear evidence on record show that deceased was short-tempered person and she ended her life in anger—There are material omissions in the evidence of witnesses—Seizure of alleged suicide note seized during the investigation is highly doubtful—Prosecution’s evidence is far from establishing essential ingredients for offences, for which appellants are convicted—Evidence on record indicate exaggeration by witnesses—Prosecution utterly failed to establish demand of money by appellants, cruelty to deceased at the hands of appellants—Evidence on record completely fall short of establishing abetment to suicide—As the evidence on record do not prove the charge against appellants, they are entitled for acquittal—Appeal allowed.
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