Vivek Singh Thakur, J.

State has preferred present appeal against acquittal of respondents by learned Additional Sessions Judge (1), Kangra at Dharamshala, vide judgment dated 26.3.2009, passed in sessions trial No. 32-K of 2005, title State vs. Mohar Singh and others, in case FIR No. 8 of 2005, dated 2.1.2005 registered at Police Station Kangra, under Sections 498-A and 306 read with Section 34 of Indian Penal Code.

2. In memo of parties of impugned judgment, five accused persons have been reflected, whereas, as a matter of fact, Sandeep Kumar accused had expired during the pendency of trial on 6.11.2005. However, his name has been reflected in the impugned judgment and as a result of which, same was arrayed as party in present appeal, as respondent No.2, whose name was deleted in appeal herein.

3. Case of the prosecution is that investigating agency was set in motion on telephonic information received in police station from Up-Pardhan Surender Billa, Gram Panchayat, Tarsuh whereby he informed that daughter-in-law of respondent No. 1, Mohar Singh, had committed suicide by hanging. The said information was recorded in DDR No. 38 dated 1.1.2005 Ext.PW2/A and PW11 SI Daya Nand rushed to spot along with other police officials and found dead body of deceased Puja @ Kanta Devi hanging with ceiling fan in her room. PW3 Karam Chand, paternal uncle of deceased, had made his statement Ext.PW1/A under Section 154 of Code of Criminal Procedure stating therein that father of deceased namely PW8 (Jamna Dass) was serving at Ropar and her mother had also gone there. He further stated in his statement that his niece Puja Devi was married to Davinder Kumar (son of respondent No.1 and serving in army) on 4.12.2003, whose mother namely Subhadra Devi (respondent No.4) had been continuously harassing deceased by saying that she will solemnise second marriage of her son Davinder Kumar and about one and a half months ago, respondent Subhdra Devi did not send deceased to attend the marriage of her cousin and today (day of occurrence) at about 7.30 AM deceased telephonically wished him for New Year and at about 6.30 PM a telephonic information was received that deceased Puja has died by hanging with fan, whereupon he along with approximately fifty persons of his village including Sushil Kumar, Trilok Chand and Madan Lal etc. came respondents’ village and found Puja Devi hanging with ceiling fan and there was no noticeable injury on dead body of Puja but blue spots on her private parts were there. It was alleged that deceased Puja Devi had committed suicide due to harassment of her in-laws i.e. respondents. This statement was sent to police station as ruka and pursuance to which, FIR Ext.PW1/A was recorded and case file was sent to spot and further investigation was carried out. Dead body of deceased was sent for post mortem and PW10 Dr.A.K. Sharma along with Dr. Anju Puri had conducted post mortem of dead body of deceased and found injuries on and around neck of deceased. He found no mark of struggle i.e. scratches etc. on face, neck and other parts of body. On completion of investigation, prima facie finding complicity of respondents in committing offence under Sections 498-A and 306 read with Section 34 of Indian Penal Code challan was presented in Court.

4. Prosecution has examined twelve witnesses to prove its case. Statements of respondents were recorded under Section 313 of Code of Criminal Procedure. No defence witness was examined on their behalf. On conclusion of trial, respondents stand acquitted.

5. PW3 is paternal uncle of deceased, PW7 Sudershna Devi is paternal aunt (wife of PW3), PW6 Samrita Devi is mother of deceased, PW8 Jamna Dass is father of deceased and PW9 Mandeep Kumar is real brother of deceased Puja @ Kanta Devi. PW4 Mohinder is relative of deceased who is a resident of village of her in-laws. PW5 Madan Lal is villager, who is amongst those villagers, who visited her in-laws house after her death. PW10 Dr.A.K. Sharma has conducted

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