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The appellant/accused No.1 has filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') challenging the judgment of conviction dated 14.06.2017 and order on sentence dated 27.06.2017 passed by the learned Additional District and Sessions Judge, Bidar, (for short, 'trial Court') in Sessions Case No.181 of 2014 for the offences punishable under Sections 498A, 306 and 109 of the Indian Penal Code, 1860, (for short, 'IPC') wherein, the trial Court convicted accused No.1 and acquitted accused Nos.2 to 6 for the aforesaid offences.

4. On the basis of the complaint, F.I.R. was registered, Investigating Officer took up the investigation, investigated the matter and filed charge sheet. Soon after receipt of charge sheet, the jurisdictional Magistrate took NC: 2023:KHC-K:7141 cognizance of the offences. Since the case required to be tried by the Court of Sessions, the matter was committed to the Court of Sessions. The trial Court framed charges for the offences under Sections 498A, 306 and 109 read with Section 149 of the IPC and the same was read over to accused Nos.1 to 6, they pleaded not guilty and claimed to be tried.

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NC: 2023:KHC-K:7141 abetted by her husband or such relative of her husband. However, mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC.

30. In Mangat Ram Vs. State of Haryana, the Hon'ble Supreme Court considering the provisions of Section 498A and 306 of IPC in the light of the presumption under Section 113A of the Evidence Act, observed as under: -

38. In the instant case without a positive act on the part of accused to instigate or evade in committing suicide by deceased the conviction cannot be sustained.

39. Under these facts and circumstances of the case, the Court noted that abatement is necessary for the offence under Section 306 of IPC and it is not present in

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NC: 2023:KHC-K:7141 the case on hand. In the absence of any satisfactory evidence having been brought on record, in my opinion the trial Court has committed error in holding accused No.1 guilty of offences under Sections 498A and 306 of IPC. Furthermore, the trial Court has rightly acquitted accused No.2 to 4 of the aforesaid offences, however, wrongly convicted accused No.1 based on the same evidence available on record. Hence, the following: