The prosecution must prove beyond reasonable doubt that the accused's actions directly abetted the suicide, with evidence of cruelty being essential for conviction under IPC Sections 498-A and 306.

JUDGMENT :

Sushil Kukreja, J.

1. The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against the judgment, dated 20.08.2014, passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, District Kangra, H.P., in Sessions Case No. 37-P/VII/13/12, whereby the accused (respondent herein) was acquitted for the offences punishable under Section 498-A and 306 of the Indian Penal Code (for short “IPC”).

2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:

(a) On 02.07.2012, Meena Kumari (deceased) wife of Shashi Kumar (accused), committed suicide at her in-laws’ house at village Arla, by hanging herself with the help of her dupatta, due to the maltreatment of the accused, who compelled and abetted her to commit suicide. As per the prosecution story, the accused used to beat and harass his wife (deceased) due to which she committed suicide. On the same day, around 09:25 p.m., the then Pradhan of Gram Panchayat Arla telephonically informed the police qua the suicide committed by the deceased, whereupon LHC Krishana Kumari alongwith other police officials went to the spot. LHC Krishna Kumari telephonically informed CDPO, Palampur and ASI Ram Swarup, Investigating Officer, Police Station, Palampur, was also sent to the spot, who recorded the statement of Shri Roomi Ram under Section 154 Cr.P.C. PSI Raj Kumar, I.O. Police Station, Palampur, and ASI Jaspal Singh, I.O., Police Station Bhawarna, took up the investigation. During the course of their investigation RFSL team visited the spot, photographs were clicked, spot map was prepared, post mortem on the corpse of the deceased was got conducted at Civil Hospital, Palampur, and post mortem report was procured. Police also effected relevant recoveries from the spot and sample parcels were sent to RFSL, Dharamshala, for chemical analysis and report was procured. Statements of the witnesses were recorded and the accused was arrested. During the further case of the investigation, police took into possession the complaint lodged by the deceased under the Domestic Violence Act alongwith the relevant records. After completion of the investigation, police presented the charge-sheet before the learned Trial Court against the accused for the commission of the offences punishable under Sections 498-A and 306 IPC.

3. The prosecution, in order to prove its case, examined nineteen witnesses. Statement of the accused under Section 313 Cr.P.C. was recorded, wherein he claimed innocence and denied the prosecution case, however, in defence he did not lead any evidence.

4. The learned Trial Court, vide impugned judgment dated 20.08.2014 acquitted the accused for the commission of the offences punishable under Section 498-A and 306 IPC, hence the instant appeal preferred by the appellant/State.

5. The learned Senior Additional Advocate General for the appellant/State contended that the impugned judgment is against the law and facts, based upon mis-appreciation of evidence, which ultimately resulted into miscarriage of justice, as such the same is liable to set-aside. He has further contended that the learned Trial Court has appreciated the evidence in a slip-shod and perfunctory manner and the impugned judgment is based on hypothetical reasoning, surmises and conjectures. Lastly, he submitted that the impugned judgment passed by the learned Trial Court be quashed and set-aside by allowing the instant appeal and the accused be convicted.

6. Conversely, the learned counsel for the respondent/accused contended that the impugned judgment passed by the learned Trial Court is the result of proper appreciation of the material on record and the same was passed after appreciating the evidence and law in its right and true perspective. He has further contended that there was nothing against the accused and the judgment of acquittal passed by the learned Trial Court is a well reasoned judgment, which does