The judgment establishes the importance of correctly appreciating testimonies and statutory provisions, the burden of proof on the prosecution, and the definition of 'cruelty' and 'abetment to suicide' under the Indian Penal Code.

Sanjay Karol, J.

State has appealed against the judgment dated 30.10.2008, passed by learned Additional Sessions Judge(II), Kangra at Dharamshala, Himachal Pradesh, in Sessions Case No.11-N/VII/2006 (Sessions Trial No.7/2008), titled as State v. Chuni Lal & others, challenging the acquittal of respondents Chuni Lal, Rakesh Kumar & Smt. Pushpa Devi (hereinafter referred to as the accused), who stand charged for having committed offences, punishable under the provisions of Sections 498-A & 306, both read with Section 34 of the Indian Penal Code.

2. It is the case of prosecution that in the month of August, 2002, deceased Smt. Renu Bala was married to accused Rakesh Kumar, as per Hindu customary rites. Accused Rakesh Kumar is the husband, Chuni Lal is the father-in-law and Pushpa Devi is the mother-in-law of the deceased. After the marriage, all of them started harassing the deceased, who was tortured, subjected to physical and mental cruelty; and their dowry demands further came to be a source of constant harassment and cruelty to her. The deceased brought such acts to the notice of her parents as also Gorkhu Ram (PW-2), who mediated in getting the marriage solemnized. Last such grievance was made on 4.11.2004, i.e. immediately prior to the incident. As a result of such atrocities, on 5.11.2004, Renu Bala committed suicide by consuming poison. Police received such information and recorded entry (Ex.PW-6/A). SI Kamaljit Singh (PW-10), after visiting the spot, recorded statement (Ex.PW-6/C) of Smt. Kushla Devi (PW-8), which led to registration of FIR No.351/04, dated 5.11.2004 (Ex.PW-6/B), for commission of offences, punishable under the provisions of Sections 498-A and 306 of the Indian Penal Code, at Police Station Nurpur, District Kangra, Himachal Pradesh. Inquest report (Ex.PW-5/B & 5/C) was prepared and the dead body sent for postmortem, which was conducted by Dr. M.K. Sexena (PW-5), who issued postmortem report (Ex.PW-5/D). Investigation revealed complicity of all the accused in the alleged crime. Hence, 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, both read with Section 34 of the Indian Penal Code, to which they did not plead guilty and claimed trial.

4. In order to establish its case, prosecution examined as many as ten witnesses and statements of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, were also recorded, in which they took defence of innocence and false implication.

5. Based on the testimonies of witnesses and the material on record, trial Court acquitted all the accused persons of the charged offences, primarily on the grounds that (a) testimonies of the interested witnesses, who were inimical towards the accused, could not be relied upon, (b) the incident of 4.11.2004 never came to be reported to anyone, (c) allegation of dowry demand, in the nature of scooter, cash and golden chain, was never reported to the police, and (d) in any event, allegations of dowry demand being vague, there was no evidence of abetment of suicide. Hence, the present appeal by the State.

6. Having heard learned counsel for the parties as also perused the record, we are of the considered view that the trial Court seriously erred in not correctly and completely appreciating the testimonies of the witnesses. It further erred in ignoring the relevant statutory provisions and the law laid down by the apex Court. Findings are, thus, perverse and illegal. It has resulted into travesty of justice.

7. That in August, 2002, accused Rakesh Kumar got married to deceased Renu Bala cannot be disputed, which fact, in any event, stands clearly established through the unrebutted testimony of the mother of the deceased Smt. Kushla Devi (PW-8) and her father Jagdish Chand (PW-3). Such marriage came to be solemnized through the mediation of Gorkh Ram (PW-2) also cannot be disputed.

8. That deceased expired