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On 13th April, 2001, a ruqa Ex.PA was sent by the Medical Officer, Civil Hospital, Sangrur to the SHO, Police Station Sangrur. It was stated therein that Gurpreet Kaur wife of Boota Singh, resident of village Uppli has been brought in the hospital by her mother-in-law Dalip Kaur and others, with 90 percent burns. On receipt of the ruqa, ASI Surinder Kumar PW-7 reached at the Police Station, where he received another ruqa that Gurpreet Kaur has died. Thereafter, at the same time, i.e. on 13th April, 2001 at about 1.40 p.m. at the Civil Hospital, Sangrur, he recorded the statement of Darshan Singh PW-4, brother of deceased Gurpreet Kaur. The statement so recorded by ASI Surinder Kumar PW-7 was proved as Ex.PE. Darshan Singh PW-4 stated that he was a resident of village Chhajli and was working as a labourer in a brick kiln at Sunam. His younger sister Gurpreet Kaur was married with Boota Singh son of Kaka Singh alias Ram Singh, caste Majbhi resident of village Uppli. No child was born out of the said wedlock. Boota Singh was employed as a driver of the truck. He was addicted to liquor and used to go to his house every day under the influence of liquor. Sister of the complainant used to restrain her husband-accused Boota Singh from consuming alcohol, due to which there used to be an altercation between both of them. This fact was disclosed by the deceased sister to the complainant many times. On 12th April, 2001, complainant Darshan Singh along with his father Jang Singh had gone to meet Gurpreet Kaur to know her welfare. On that day also, the accused came late at his house after having consumed alcohol. In the presence of complainant and his father, the accused used foul language with his wife. In the next morning, i.e. on 13th April, 2001 the accused again went to the liquor vend and returned after having consumed alcohol. Under the influence of liquor, the accused gave beatings to his wife and also used abusive language. The complainant and his father restrained the accused, but the accused told to his wife that it would be better, if she finish herself. Thereafter, the accused went out while giving abuses. Being fed-up with the accused-husband Boota Singh, Gurpreet Kaur told the complainant that it would be better to die than to live such a life. At that time, it was about 9.30 a.m. The complainant along with his father was sitting inside the room when they felt smell of kerosene oil from outside the courtyard. They also saw the smoke coming out. When both of them came out, they saw that Gurpreet Kaur had caught fire. She was running towards the street while shouting 'Bachao Bachao'. She was saying that she would finish the daily dispute. Gurpreet Kaur was brought to the Civil Hospital, Sangrur in a tractor-trolley. In the trolley, her mother-in-law Dalip Kaur and other residents of the village also accompanied her. The complainant and his father went to make a telephonic call to village Chhajli. Complainant's sister Gurpreet Kaur was got admitted in the hospital by her mother-in-law Dalip Kaur.

Mr. Amarjit Markan, Advocate appearing on behalf of the appellant, has stated that complainant Darshan Singh PW-4 and his father were not present at the spot on the day of occurrence. They have falsely introduced themselves as witnesses. It is stated that from the testimony of these witnesses it can be safely inferred that their conduct belies their presence at the spot. According to the learned counsel, as per the testimony of Darshan Singh PW-4, he along with his father had reached at the place of occurrence one day before the incident. In their presence, the accused returned home after consuming alcohol and being in the drunken condition, he had given beatings to his wife, i.e. sister of the complainant Darshan Singh PW-4 and had also used foul language also but these witnesses had not intervened. The next morning at about 9.00 a.m. the accused again went to the liquor vend and returned after having consumed a heavy quantity of alcohol. Though in the statement made to the police, on the basis whereof formal FIR was registered, it was stated that at that time the accused had given beatings to his wife and used abusive language; in the Court the witness stated that the appellant told his wife that it would be better if she dies. At that time also, the witnesses (brother and father of the deceased) did nothing and permitted Gurpreet Kaur to commit suicide. Thus, it is stated that their conduct is improbable, unnatural and unconvincing. Furthermore, there was no occasion for the witnesses to arrive at the house of Gurpreet Kaur. If for the sake of arguments, it is believed that the witnesses were present at the house of Gurpreet Kaur, when she had put herself on fire, according to their own version they had not accompanied her to the hospital. In the ruqa Ex.PA sent by the doctor it has been specifically mentioned that the deceased was brought to the hospital by her mother-in-law Dalip Kaur DW-3. The presence of witnesses is not recorded by the doctor at the hospital.

In the present case, under the influence of liquor, husband used to give beatings to his wife, during subsistence of their marriage. Therefore, this instance in itself cannot be considered as an abetment to suicide."

In the present case, there is no evidence that for non- fulfillment of any demand, the accused said or did anything, which led the deceased to commit suicide. Merely because under the influence of liquor on something said by the wife the accused used abusive language and gave beatings to her, will not be sufficient to hold that the appellant committed an offence punishable under Section 306 IPC. This Court has already ruled out the presence of complainant Darshan Singh PW-4 and his father at the place of occurrence. Therefore, the allegation that the accused told the deceased that it would be better if she dies, cannot be taken into consideration. However, giving beatings to the wife under the influence of liquor will constitute an offence punishable under Section 498- A IPC.