1 Cri.Appeal 681-1993 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.681 OF 1993 Niwas Dattu Bansode ..Appellant Residing at village Rethare Dharan, Tal:Walva, District Kolhapur. V/s. The State of Maharashtra ..Respondent Mr.Niranjan Mundargi i/b. Mr.A.P.Mundargi, Senior Counsel, for the Appellant Ms Alpa T. Javeri, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 30TH MARCH, 2011 ORAL JUDGMENT . The appellant  husband questions his conviction by the learned Additional Sessions Judge, Kolhapur for the offences punishable under Sections 498-A and 306 of the Indian Penal Code and sentence of rigorous imprisonment for one and seven years respectively with a fine of Rs.1000/- or in default rigorous imprisonment for three months imposed upon the appellant on the two counts. 2 Cri.Appeal 681-1993 2. Facts which are material for deciding this Appeal are as under :- The victim Sangita was married to the appellant, who is her cousin, about three years prior to the incident dated 22nd April, 1993. There was no issue of marriage and Sangita's failure to conceive was a matter of worry. Victim committed suicide by setting herself on fire on 22nd April, 1993. She was taken to the hospital where she expired on 24th April, 1993, after her dying declaration was recorded by the Special Executive Magistrate. On a report by her mother, an offence was registered. After inquest post mortem had already been performed on the dead body in an accidental death which has been registered. Police performed the spot panchanama, recorded statements of witnesses, sent some incriminating articles to the Forensic Science Laboratory and on completion of investigation charge sheeted the appellant in the Court of the Judicial Magistrate First Class, 3 Cri.Appeal 681-1993 Ichalkaranji, who committed the case to the Court of Sessions at Kolhapur. 3. The learned Additional Sessions Judge to whom the case was made over charged the appellant for the offences punishable under Sections 498-A and 306 of the Indian Penal Code, to which the appellant pleaded not guilty and hence, was put on trial at which the prosecution examined in all nine witnesses in its attempt to bring home guilt of the accused. After considering the prosecution evidence in the light of defence that the victim might have committed suicide because she was fed up with the fact that she could not conceive, the learned Additional Sessions Judge held the appellant guilty and convicted and sentenced him as aforementioned. Aggrieved thereby the appellant has preferred this appeal. 4. I have heard the learned Counsel for 4 Cri.Appeal 681-1993 the appellant and the learned APP for the respondent  State. With the help of both the learned Counsel I have gone through the record. Except for P.W.4 Jayawant Mane, victim's brother-in-law, none of the other witnesses state about any harassment or beating. They state about the appellant suspecting character of the victim. But this suspicion, expressed by P.W.3 Amarjit Kamble, victim's brother, surfaces for the first time in the Court, since investigating officer P.W. 9 A.P.I. Dattatraya Sonawane states that Amarjit had not made such a statement before him. The learned APP, however, submitted that even if Amarjit's version about suspicion expressed is excluded, victim herself had stated about appellant's suspecting her character in the dying declaration recorded by C.M.Koshti, Special Executive Magistrate. It however appears that the allegation about suspicion is vague and surfaced only after the unfortunate incident. 5 Cri.Appeal 681-1993 5. P.W.1 Tanubai Kamble, mother of the victim on whose report an offence was registered stated that it was possible for the victim to come to her and that the victim used to frequently come to her house in the morning and return in the evening. Thus, it is not that the victim was isolated from her mother and/or other family members to be harassed by the appellant. P.W.1 Tanubai Kamble, P.W.3 Amarjit Kamble, P.W.4 Jayawant Mane and P.W.5 Mina Mane, victim's sister states that the victim was vexed because of her failure to conceive. It is not impossible that the appellant too may be taunting the victim because of her failure to conceive, as is depricably common in the society. But, that in itself, cannot be equated to cruelty which could provoke a person to commit suicide. Possibility of victim having committed suicide because, in spite of treatment, she failed to conceive is greater, as could be seen from her dying declaration itself. She had stated that 6 Cri.Appeal 681-1993 she wanted an issue and her husband used to tell her that she was issue less. The evidence of other prosecution witnesses, shows that victim had already taken treatment but she stated specifically that she was fed up with the treatment, as in spite of treatment she was not conceiving. P.W.5 Mina Mane, victim's sister stated that the victim used to tell her that there was no use of medical treatment and because of that she was fed up with life. Therefore, possibility of victim's committing suicide because of her failure to conceive should have been accepted by the learned Trial Judge as the probable cause for the victim's committing suicide. 6. In view of this, conviction of the victim for the offence punishable under Sections 498-A and 306 of the Indian Penal Code and sentences imposed upon the appellant by the learned Additional Sessions Judge cannot be sustained. 7 Cri.Appeal 681-1993 7. In view of this, Appeal is allowed. Conviction of the appellant for the offence punishable under Sections 498-A and 306 of the Indian Penal Code and sentences of rigorous imprisonment for one and seven years with fine of Rs.1000/- or in default rigorous imprisonment for three months are set aside. He is acquitted of the offences charged. (R.C.CHAVAN, J.)