JUDGMENT :

Sanjay Karol, J.

Smt. Puspinder Kaur committed suicide by jumping into the water canal on 26.6.1993. Her husband Jujhar Singh (accused) was tried for an offence punishable under Sections 306, 498-A, Indian Penal Code. The learned Sessions Judge, Una, District Una, Himachal Pradesh in Sessions case No. 22 of 1994, titled as State of Himachal Pradesh v. Jujhar Singh, acquitted the accused vide judgment dated 16.2.1996. The State has filed the present appeal assailing the same.

2. It is the prosecution case that sometime in the year 1988 the accused and the deceased were married to each other. Children were born out of the wedlock. HC Baldev Raj (PW-5) alongwith Constable Balkar Singh were posted on security duty at the Bhakra bridge at Nangal. On 26.6.1993 at about 11 a.m. they saw a lady keeping a child on the footpath of the canal bridge. Thereafter she immediately jumped into the canal. Both of them rushed to the spot but could not see the lady in the water. On the footpath they noticed a child who was weeping. A pair of sandle, a purse, chunni, few grapes and a suicide note (Ext.PE) was lying near the child. Through telephone they informed about the incident to the police