Crl.A. 167/2004 BEFORE THE HON’BLE MR JUSTICE B D AGARWAL This appeal is directed against the judgment and order dated 22.04.2004 passed b y learned Additional District and Sessions Judge (Adhoc) , Nagaon, Assam in Sess ions Case No. 223 (N) of 2001. By this impugned Judgment and order the appellant has been convicted under secti on 304-B, he has been sentenced rigorous imprisonment for 10 (ten) years. Heard Mr. H R A Choudhruy, leaqrned senior counsel assisted by Ms. S K Nargis, l earned counsels for the petitioner. Also heard Mr. B S Sinha, learned Addl. P.P. for the State. Also perused the case diary, impugned judgment and the evidence on record. The admitted facts are that the deceased is the wife of the appellant and that she had committed suicide within a period of 3 (three) years of marriage. Hence, the only issue to be examined is whether the deceased committed suicide due to infliction of cruelty for non-fulfillment of demand of dowry. In the case before me, the informant who is the mother of the deceased has given a casual statement about demand of some money . In other words, PW -1 has not c larified as to when the money was demanded, what was the demand and on what pret ext money was demanded. Besides this, the informant herself was an Anganwadi wor ker and getting monthly wages of Rs. 500/- and on the other hand, the appellant was a cultivator. Under such circumstances, it is difficult to believe that the appellant would have demanded dowry and that the victim ’s mother was in a posi tion to give dowry. Similarly, the deposition of PW-2 regarding demand of dowry is also vague. Besid es this, PW-2 is a divorcee of the appellant’s brother and as such, her depositi on has to be considered with caution. PW-3 is the maternal uncle of the deceased and in this way, he may come under the category of interested witness. PWs- 4 a nd 5 are independent witnesses and these witnesses are totally silent about the demand of dowry. In this way, the prosecution story about inflicting cruelty for non-fulfillment of demand of dowry is not supported by the independent witnesses. At the same ti me, the testimony of witnesses regarding physical assault upon the deceased cann ot be totally ruled out. Although the deceased had consumed poison and committe d suicide but the autopsy report confirms physical assault upon the deceased. Accordingly, conviction is converted under section 306 of the IPC. I find from t he record that soon after consuming poison , the appellant herself had taken his wife to the hospital for medical treatment. Under such circumstance, the senten ce is also reduced to 7(seven) years of rigorous imprisonment with fine of Rs.10 00/-. In default of payment of fine , the appellant shall undergo further rigoro us imprisonment for 2(two) months. With the modification of conviction and sentence, the appeal stands dismissed. Send down the LCR along with a copy of this judgment.