The main legal point established in the judgment is the requirement of establishing a reasonable nexus between cruelty and suicide, the need for clear and convincing evidence to prove allegations of cruelty and abetment to suicide, and the distinction between the offences under Sections 498-A and 306 of the Indian Penal Code.

Sanjay Karol, J.

1. Assailing the judgment dated 25.8.2008, passed by learned Addl. Sessions Judge, Una, H.P. in Sessions Case No. 7 of 2005 (R.B.T.S.C. No. 8-8-2005 – Sessions Trial No. 12-8-2005), titled as State of Himachal Pradesh vs. Sanjeev Kumar & others, whereby respondents-accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

2. It is the case of prosecution that in the year 2002 Sanjeev Kumar (accused No. 1) was married to Nirmala Devi @ Meena Devi (deceased) as per Hindu customary rites. Since inception of her marriage, deceased was subjected to cruelty and maltreatment for having brought insufficient dowry by her husband as also her in-laws i.e. Maya Devi (accused No. 2) and Rirka Singh (accused No. 3). Deceased disclosed the incident to her maternal uncle Ram Lal (PW- 3). On 6.6.2004 deceased, on account of alleged atrocities, cruelties and maltreatment was forced to consume poison. She was immediately taken to the Primary Health Centre at Amb, where Dr. S.K. Verma (PW-1) examined her and issued MLC (Ext. PW-1/A). Police was informed and ASI Parkash Chand (PW-9) reached the hospital. Deceased was not found fit to make statement. She was critical and as such was referred for further treatment to the Zonal Hospital, Una, where she was declared as having brought dead. F.I.R. No. 124 of 2004, dated 6.6.2004 (Ext. PW-9/B), was registered at Police Station Amb, District Una, H.P. under the provisions of Sections 498-A and 306 both read with Section 34 of the Indian Penal Code against all the accused persons, who during the course of investigation were arrested. Police prepared inquest reports (Ext. PW-9/C and 9/D) and also got post mortem of the dead body conducted from Dr. N.S. Dogra (PW-2). Post Mortem Report (Ext. PW- 2/B), on the basis of report of the Forensic Science Laboratory, Junga (Ext. PW-2/A), was prepared and issued by PW-2. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

3. Accused were charged for having committed offences punishable under the provisions of Sections 498-A, 306 and 304-B of the Indian Penal Code to which they did not plead guilty and claimed trial.

4. In order to prove its case, in all, prosecution examined nine witnesses and statements of the accused under Section 313 Cr. P.C. were also recorded, in which they pleaded innocence and false implication. No evidence, in defence was led by the accused.

5. Trial Court found prosecution not to have established its case and, as such, acquitted the accused of the charged offences. Hence the present appeal.

6. Having heard learned counsel for the parties as also perused the record, we are of the considered view that in the instant case no ground for interference is made out. The Court below has correctly and completely appreciated the testimonies of the prosecution witnesses, as also other material placed on record.

7. From the testimony of Dr. S.K. Verma (PW-1), it is clear that deceased who was first attended by him was unfit to make any statement. Application (Ext. PW-9/A) and medical certificate (Ext. PW-1/A) are on record to this effect. From the testimony of Dr. Dogra (PW-2) who conducted the post mortem, it is evidently clear that Meena Devi died on account of phosphide poisoning. Post Mortem Report (Ext. PW-2/B) is on record to this effect. It also cannot be disputed that deceased died within two years of her marriage.

8. The question which needs to be considered is as to whether deceased consumed poison on account of the cruelty, atrocities, maltreatment or dowry demands meted out by the accused or not? Abetment was there or not.

9. Before we deal with the testimonies of prosecution witnesses, we shall discuss the statement of law on the point.

10. Law with regard to cruelty as defined under Section 498-A of the Indian Penal Code and abetment to commit