In appeals against acquittal, the presumption of innocence prevails, requiring clear evidence of instigation or cruelty for a conviction under IPC sections concerning abetment of suicide.

JUDGMENT :

Sushil Kukreja, J.

The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against the impugned judgment, dated 21.04.2014, passed by learned Additional Sessions Judge-II, Kangra at Dharamshala, District Kangra, H.P., in S.C. (RBT) No. 5- G/VII/13/09, whereby the accused persons (respondents herein) were acquitted for the offences punishable under Section 498-A and 306 read with Section 34 of 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:
2(a). On 22.11.2008 Smt Pooja (deceased) got married with accused Sanjay Kumar according to Hindu rites and customs. Thereafter, the deceased started residing with accused Sanjay Kumar at his residence, where accused Urmila, mother-in-law of the deceased also used to reside. As per the prosecution case, immediately after the marriage, the deceased was being maltreated and tortured by the accused persons. The deceased telephonically intimated her father, who convened Panchayat consisting of Smt. Saroj, Up-Pardhan, Shri Dharam Pal and Rajnish, who visited the house of the accused persons and on their persuasion the deceased was sent with accused Sanjay, but subsequently the accused persons did not allow the deceased to visit her parents’ house. The deceased narrated to her mother, Smt. Reena Devi that she was thrashed with chimta (tongs), due to which she sustained injuries. The deceased was again sent back to the house of the accused persons on 05.05.2009 and prior to 05.05.2009 she was being ill-treated by the accused persons. On 21.05.2009, the deceased again intimated that she was being maltreated by the accused persons and on 22.05.2009 a telephonic message was received at village Nahan Nagrota that the deceased had committed suicide by hanging herself with dupatta from ceiling. Shri Vijay Kumar, i.e., father of the deceased (complainant) alongwith other family members rushed to the in- laws’ house of the deceased, where they found her dead body hanging with ceiling. The statement of the complainant under Section 154 Cr.P.C. was recorded by the police, whereupon FIR against the accused persons was registered. The dupatta, which was used by the deceased for hanging herself was taken into possession by the police and sealed in a parcel with three seals, having seal impression ‘A’. The police also took into possession the clothes of accused Sanjay, i.e., jean pants, shirt and parna, which were having blood stains of the deceased. Police also took into possession the shoes, which were lying near the double bed where the corpse of the deceased was found hanging. The police completed all the codal formalities, viz. prepared the spot map, recorded the statements of the witnesses, photographed the place of occurrence and got conducted the post mortem on the dead body of the deceased. As per the police investigation, prior to her death, the deceased had informed her parents, i.e., Vijay Kumar (father of the deceased/complainant) and Reena Devi (mother of the deceased) that accused persons were subjecting her to physical torture. After completion of the investigation, police presented the chargesheet against both the accused before the learned Trial Court.

3. The prosecution, in order to prove its case, examined fourteen witnesses. Statements of the accused persons under Section 313 Cr.P.C. were recorded, wherein they claimed innocence and denied the prosecution case, ho