Penal Code, 1860 – ss. 498A, 306 and 107 – Marriage of Appellant No.1 (husband) & deceased was solemnized in 2005 – A male child was born out of wedlock in 2007 – Prosecution case that Appellant No.1 caused immense mental torture to deceased by compelling her to have another child despite her miscarriage with second pregnancy and that deceased was subjected to continuous cruelty which drove her to commit suicide – Trial court convicted appellant No.1 & mother-in-law of deceased u/s 498A & 306 IPC – High Court upheld the conviction of appellants – Held: To convict a person u/s. 306 IPC, there has to be clear mens rea to commit offence – It also requires an active act or direct act which leads deceased to commit suicide finding no other option and the act must be such reflecting intention of the accused to push deceased into such a position that she commits suicide – The prosecution has to establish beyond reasonable doubt that the deceased committed suicide and appellant No.1 abetted the commission of suicide of the deceased – In the present case, both the elements were absent – So far as conviction u/s. 498A IPC is concerned, except the statement of PW-1 to PW-3 recorded after the incident, there is no other evidence to establish the allegation of any demand of dowry or ill treatment meted out to the deceased during her marriage – PW-1 to PW-3 were interested witnesses & there were material contradictions in their testimonies –There was no marital discord between Appellant No.1 & deceased during nine years of their married life – The fact that deceased was suffering from bipolar disorder was concealed from the family of appellant family during their marriage – Also, the evidence of PW-9 i.e., the psychiatrist was not considered by the Courts below – Conviction of appellants u/ss. 306 and 498A IPC, accordingly, not sustainable.