The prosecution must provide specific and categorical evidence to prove the charges beyond a reasonable doubt.

Rajiv Sharma, J.

State has appealed against judgment dated 14.3.2012 rendered by learned Sessions Judge, Fast Track Court, Kangra at Dharamshala, in S.T. No. 3/12, whereby respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for commission of offence under Sections 498A/306/34 IPC, have been acquitted.

2. Case of the prosecution, in a nutshell, is that on 24.11.2006, Dalip Chand lodged a case against the accused persons with the allegations that his daughter Rajani Devi was married to accused Pawan Kumar on 3.8.2006, as per Hindu rites and customs. It is further alleged that after 15 days of marriage, accused Pawan Kumar along with his mother Kesari Devi, brother Kuldeep Kumar and Bhabhi Anu Kumari, brother-in-law Sanjay and sister Champa Devi started torturing, harassing, giving beatings and not providing proper meals to Rajani Devi for bringing insufficient dowry. It is alleged that he was told by his daughter in this regard through telephone and he asked his daughter that he will talk with the accused persons and make them able to understand the matter. He went to the matrimonial home of his daughter and asked the accused persons not to torture and harass his daughter but, even then, they did not stop torturing and harassing his daughter. His daughter, on 11.11.2006, came to his house from Ludhiana along with her husband. She appeared unhappy and was saying that she will not go to her matrimonial home but he was able to make her go to her matrimonial home. On 24.11.2006 at about 6.45 PM, he came to know through Vivek Sharma that Rajani Devi has committed suicide by hanging. It is alleged that his daughter committed suicide as she was harassed by the accused persons. He along with his family members went to the matrimonial home of his daughter. Inquest report was prepared and post-mortem was got conducted. Matter was investigated and challan was put up in the Court after completing all codal formalities.

3. Prosecution has examined as many as 18 witnesses to prove its case against the accused. Accused were also examined under Section 313 Cr.P.C. Accused denied the case of the prosecution. Accused were acquitted. Hence, this appeal.

4. Mr. M.A. Khan, Additional Advocate General, has vehemently argued that the prosecution has proved its case against the accused persons.

5. We have heard the learned counsel for the appellant and gone through the judgment and record very carefully.

6. PW-1 Dr. Jitendra Saxena, deposed that on 25.11.2006, police moved an application Ext. PW-1/A along with inquest papers Ext. PW-1/B for conducting post mortem of Rajani Devi. He conducted post mortem. He found 30 cm long brown coloured ligature mark of varying width seen around neck extending from back of neck downward and forward through front of neck and then upward toward left side along the line of mandible. Ligature mark was present over the thyroid cartilage between the larynx and chin. The maximum width of ligature was present on right side of neck measuring 3 cm and minimum width was 1 cm in rest of ligature mark. In his opinion, the deceased died due to ante mortem hanging causing asphyxia and cardio respiratory arrest. Post mortem report is Ext. PW-1/C and final opinion is Ext. PW-1/D.

7. PW-2 Ashwani Kumar deposed that on 24.11.2006 at about 5.30 PM, Kesari Devi told him through telephone that her daughter-in-law was ill and asked him to send a doctor. He along with doctor Rajesh Kumar went to the house of Kesari Devi and when doctor checked her, she was found dead. In his cross-examination, he has admitted that Rajani Devi and her family were related to them and he and his wife had arranged marriage of Rajani Devi and Pawan Kumar. He also deposed that after marriage of Rajani, no complaint was made to them by her parents. He also admitted that he informed parents of Rajani Devi about her death.

8. PW-3 Rajesh Kumar deposed that on 24.11.2006, at about 5.30 PM, Ashwani Kumar c