The prosecution must establish allegations beyond reasonable doubt, and substantial and compelling reasons are required to appeal against an acquittal.

S.P. Garg, J.

1. There is a delay of 58 days in filing the appeal. The delay is accordingly condoned for the reasons as mentioned in the application. The application stands disposed of accordingly.

1. The State has preferred the present petition for leave to appeal against the Judgment dated 19.07.2011 of learned Additional Sessions Judge in Sessions Case No.193/2009 by which the Respondents were acquitted of the charges for committing offences punishable under Section 498A/406/304B read with Section 34 IPC. The prosecution alleged that the marriage of the deceased (Gunjan) took place with Rakesh on 21.11.2008. After the marriage the Respondents treated her with cruelty for not bringing sufficient dowry. On 06.02.2009, she committed suicide in the matrimonial home. Manjeet Singh, Executive Magistrate, recorded the statements of her parents and brother, they levelled sweeping allegations of harassment and cruelty to the deceased on account of non-fulfilment of their dowry demands. He (PW-6), made an endorsement on the statement of Saraswati Devi (PW-1), deceased’s mother, and directed the concerned Station House Officer (SHO) to take necessary action, he registered a case under Section 304B/498/34 IPC on 06.02.2009.

2. During the investigation, SI Munishi Singh (PW-13), on receipt of Daily Diary (DD) entry No.21-A (Ex.PW3/C) recorded on 06.02.2009 at 3:15 P.M. reached the spot and summoned the crime team. Rakesh, Phool Singh and Bhagwan Singh, in-laws of the deceased, were arrested. Inspector Sukhdev Singh Meena recorded statements of the witnesses conversant with the facts and sent the body for post mortem examination. PW-12 (Dr.B.N.Mishra) conducted the post-mortem. The accused Chanderkanta and Anita were arrested subsequently. After completion of the investigation, the police filed a charge-sheet against the accused for committing the offences. They were duly charge-sheeted and brought to trial. To prove the charge, the prosecution examined fourteen witnesses. In their statements under Section 313 Cr.P.C. the accused denied their involvement in the crime and pleaded false implication.

3. After appreciation of the evidence on record and considering the rival submissions of the parties, the Trial Court acquitted the accused. Aggrieved with the said orders, the State has sought leave to appeal against the acquittal.

4. Learned APP argued that the Trial Court did not appreciate the evidence of the parents and brother of the deceased in true and proper perspective. They levelled specific allegations against the accused for harassing the deceased on account of dowry demands. The accused treated the victim with cruelty in order to coerce her to bring dowry. Close relationship is not a factor to reject the otherwise credible testimonies of these witnesses who had no ulterior motive to falsely implicate the accused. The death of the accused, urged the APP, occurred within three months from the date of her marriage in the matrimonial home. The accused used to demand motorcycle, cash, heavy jewellery etc. and when the deceased’s parents could not fulfil these demands, they subjected her with cruelty. Non-examination of independent public witnesses is inconsequential as disclosure of demands for dowry would normally be made only to the near and dear ones and hence their testimonies cannot be doubted/rejected. He further contended that no lady would commit suicide within a few months of her marriage unless she subjected to serious mental and physical torture. All the ingredients of Section 304B IPC were attracted.

5. We have considered the submissions of the learned APP and have scrutinised the Trial Court records. Before entering into the merits of the case, it is desirable to highlight that Gunjan was married to Rakesh on 22.11.2008. It is not in dispute that she committed suicide by hanging in the matrimonial home on 06.02.2009. Her death occurred otherwise than under natural circumstances within seven years of her marr