The judgment emphasizes the need for reliable evidence to prove guilt beyond reasonable doubt, the discretionary nature of the presumption of dowry death, and the importance of demonstrating abetment in cases of suicide under Section 306 IPC.

Ajay Mohan Goel, J.

1. By way of this appeal, the State has challenged the judgment passed by the Court of learned Additional Sessions Judge (I), Mandi, District Mandi in Sessions Trial No. 15 of 2013 dated 15.1.2015 vide which, the present respondent/accused has been acquitted by the learned trial court for commission of offences punishable under Sections 498-A and 306 of IPC.

2. The case of the prosecution was that deceased Asha Devi was married with accused in the year 2010 and after about 4-5 months of marriage accused started physically assaulting her. On this, father of the deceased i.e. complainant Jindu Ram brought her back to his house in the year 2012 and kept her (deceased) with him for about 4 months. Thereafter accused along with Bhasker Ram, Rattan and Bali Ram came to the house of complainant and deceased was sent along with them to the house of accused.

3. As per the prosecution accused used to doubt the character of deceased and he also used to beat her on account of not bringing sufficient dowry. As a result of the cruelty so meted out to the deceased, she committed suicide on 2.4.2013.

4. On the basis of statement recorded under Section 154 Cr. P.C. of the complainant i.e. the father of deceased, FIR was registered, body of deceased was sent for post-mortem which revealed that deceased had committed suicide after consuming poison.

5. Investigation was carried out in the matter and after completion of investigation, challan was filed in the Court and as a prima facie case was made out against the accused, accordingly he was charged for commission of offences punishable under Sections 498-A and 306 IPC, to which he pleaded not guilty and claimed trial.

6. On the basis of evidence produced on record by the prosecution both ocular as well as documentary it was held by learned trial court that prosecution had not been able to prove the guilt of the accused beyond all reasonable doubt for commission of offences punishable under Sections 498-A and 306 IPC. While arriving at the said conclusion, it was held by learned trial court that the evidence led by prosecution demonstrated that even the complainant, PW-1 father of the deceased, had not corroborated the case of the prosecution, as it had not come in the statement of complainant that accused in fact had abetted his wife to commit suicide. Learned trial court further held that whereas case of the prosecution was that deceased had committed suicide, however, the testimony of PW-2 Chuhari Devi mother of deceased was to the effect that deceased was murdered by accused. Learned trial court also held that no witness of near vicinity had been examined and even PW-5, Bhaskar Ram and PW-6 Bali Ram had not supported the case of prosecution. On these bases it was held by learned trial court that prosecution had not been able to prove the guilt of the accused beyond all reasonable doubt. Accordingly it acquitted the accused for commission of offences punishable under Sections 498A and 306 IPC.

7. Feeling aggrieved by the said acquittal, the State has filed present appeal.

8. We have heard Mr. V.S. Chauhan, learned Additional Advocate General as well as Mr. Trilok Jamwal, learned counsel appearing for the accused and have also gone through the records of the case.

9. In the present case in order to prove its case prosecution examined 11 witnesses. Father of deceased Jindu Ram entered the witness box as PW-1, mother of the deceased Chuhari Devi as PW-2, brother of the deceased Mohan Lal as PW-3, father-in-law of deceased Bhaskar Ram as PW-5, maternal uncle of the accused Bali Ram as PW-6 amongst others. Dr. Anup Shivhare who conducted the post-mortem of the deceased entered the witness box as PW-4.

10. A perusal of FIR Ext. PW-10/A, which was lodged on the basis of statement recorded by PW-1 Jindu Ram under Section 154 Cr. PC, demonstrates that it was mentioned therein that deceased was married with the accused about one and half years back as per Hindu rites and though initi