Ajay Mohan Goel, J.

This appeal has been filed against judgment dated 22.5.2012 passed by Addl. Sessions Judge (Fast Track Court) Una, in Sessions Case No. 25/VII/2011, vide which the learned Trial Court has acquitted the accused for commission of offence punishable under Section 306 read with Section 34 of the Indian Penal Code. (in short ‘IPC’).

2. The case of the prosecution was that on 2.6.2011 ASI Bir Singh alongwith HC Vikram Singh were present at village Dangoli in the house of Sukhdev Rai (hereinafter to be referred as ‘deceased’) to verify the circumstances of suicide note allegedly made by deceased, when complainant Reeta Devi wife of the deceased made a statement Ext.PW1/D under Section 154 Cr.P.C., stating therein that she was a resident of VPO Dangoli and was a housewife, who was married to deceased in the year 2007. She further stated that her marriage with deceased was a Court marriage and they had a son, named, Manat aged about 2 ¾ years old. Her husband, deceased, was working in K.C.C. Bank, Panjawar Branch and had raised a loan of Rs. 3.50 lacs, out of which some amount was spent in construction of a house and some was spent on the marriage of accused-Jaswinder Rai by the deceased. As and when deceased discussed about money, the accused used to quarrel with him and in this regard accused had preferred an application in the Police Station, Una and on that application the Panchayat members had got the matter compromised. As per the compromise, house was given to accused-Jaswinder Rai due to which deceased was frustrated from the behaviour of the accused and he ultimately committed suicide.

3. On the basis of the said statement, FIR No. 127 of 2011 was registered. After the registration of the said FIR, investigation was carried out. The investigating officer recorded the statements of Nirmala Devi and Ajay Kumar under Section 161 Cr.P.C. The investigating officer also took into possession copy of compromise produced by accused Dhanna Singh, vide Ext. PW4/A.

4. Further, as per prosecution, initially on 31.5.2011 at about 7:30 p.m. a telephonic message was received from Regional Hospital, Una that one person had been admitted in the hospital with the history of poisoning. HC Vikram SinghPW11 went to RH, Una and moved application, Ext. PW9/B for MLC as well as to know the condition of the patient, as to whether the patient is fit to make statement or not. The doctor declared the patient unconscious and unfit to make statement and declared him dead at about 8:40 p.m. On 1.6.2011 HC Vikram Singh-PW11 prepared inquest report and moved an application for conducting the post-mortem. After the post mortem, he collected the report, i.e. Ext. PW9/D. On 6.6.2011, viscera of the deceased sealed with seal of Una Mortuary along with docket were sent to RFSL, Dharamshala through PW-12, who had deposited the same there on that very date. The admitted handwriting and the writing on the suicide note were compared by PW-13, vide Ext.PW13/A. As per report Ext. PW9/E, deceased died due to ‘Organochlro Insecticide’.

5. After the completion of investigation, challan was presented in the Court of learned CJM, Una and the case was committed for trial to the Court of learned Sessions Judge, Una which assigned the case for disposal to the Court of learned Addl. Sessions Judge, (FTC), Una. The accused were charged under Section 306 read with Section 34 IPC, to which they pleaded not guilty and claimed to be tried.

6. In order to prove its case, prosecution in all has examined 14 witnesses.

7. PW1-Reeta Rani stated that she was married to late Sh. Sukhdev Rai-deceased on 5.2.2007 and her husband-deceased was posted as protection clerk in KCC Bank at Panjawar Branch. Her husband had taken loan of Rs.3.5 lacs from his bank and some amount was spent by him on construction of his house and some amount in the marriage of his brother Jaswinder Rai. Her father-in-law, Sh. Dhanna Singh, had assured her husband that they will jointly repay the lo