The main legal point established is the requirement for the prosecution to prove the accused's involvement in the alleged offense beyond a reasonable doubt, and the possibility of alternative motives such as honor killing in cases of suicide.

PANKAJ BHANDARI, J.

Admit.

2. With the consent of the parties, the case is taken up for hearing for final disposal.

3. Appellant has preferred this appeal aggrieved by judgment and order dated 13.03.2018 passed by Additional Sessions Judge, Sawai Madhopur in Sessions Case No.45/2014 (59/2014), whereby trial Court has convicted the appellant for offence under Section 306 IPC and has sentenced him to undergo rigorous imprisonment for five years and has also imposed fine of Rs. 2,000/-, on non payment of fine to further undergo one month simple imprisonment.

4. In brief, the facts of the case are that on 16.08.2013, deceased committed suicide, an inquest report was lodged on the same day with regard to suicide. After eight days i.e. on 24.08.2013, complaint Ex.P-2 was lodged which was sent to the police for registration of F.I.R. Consequently, F.I.R. Ex.P-14, was registered. After due investigation police submitted charge-sheet under Section 306 IPC against the appellant. Court after hearing the charge-arguments, charged the appellant for offence under Section 306 IPC. Appellant denied the charges and sought trial.

5. As many as fifteen witnesses were examined on behalf of the prosecution and fourteen documents were exhibited. Appellant was examined under Section 313 Cr.P.C. After hearing the final arguments, appellant has been convicted for the offence under Section 306 IPC and sentenced as herein above mentioned, aggrieved by which the present appeal has been preferred.

6. It is contended by counsel for the appellant that the prosecution has utterly failed to bring home the crime against the appellant. Postmortem report was not exhibited to prove the factum of demise of the deceased. No record was produced to establish that the messages as mentioned in transcript Ex.P-9 were sent from the mobile of the appellant. It is also contended that Court below has not considered the statement of independent witness PW-7 Hamidan Bano who in her cross-examination had admitted that the deceased was having dispute with her mother and brothers as they were showing her boys against her wish. She has mentioned that this dispute was going on for a pretty long time.

7. It is also contended that there is no suicide note to connect the appellant with the crime. It is not established that the deceased committed suicide because appellant talked to some other girl. It is argued that baseless allegation has been levelled which are not supported by any documentary evidence or other proof to establish the crime.

8. It is further contended that there is no allegation levelled against the appellant in the inquest report and complaint has been lodged after an inordinate delay of eight days.

9. It is also contended that from the statement of PW-6-Vimla Kanwar, mother of the deceased, it is evident that the deceased refused to marry the boys who were shown to her as she wanted to marry the boy of her choice. It is argued that mother has also deposed that brothers of deceased were objecting to her marrying in a different community.

10. Learned Public Prosecutor has opposed the appeal.

11. I have considered the contentions.

12. From the evidence adduced on behalf of the prosecution, it is clear that appellant was having relations with the deceased, however the fact that some dispute took place between the deceased and the appellant is not established as the prosecution has utterly failed to prove that the transcript Ex.P-9 and the messages mentioned therein were sent by the appellant to the deceased from his mobile.

13. Prosecution has further failed to prove the factum of death as the postmortem report is not exhibited and appellant had no opportunity to examine the doctor with regard to cause of death of the deceased.

14. Yet another piece of evidence which the Court below has utterly failed to take note of is statement of PW-7-Hamidan Bano who has in clear term deposed that the deceased was having dispute with her mother and brothers as she was not willing to marr