JUDGMENT :

Rajnesh Oswal, J.

1. The present acquittal appeal has been filed by the appellant-the then State against the judgment dated 31.01.2007 passed by the learned 1st Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court), by virtue of which the respondents have been acquitted of the charges for commission of offence under section 306 RPC.

2. The judgment impugned has been challenged only on the ground that the trial court has mis-appreciated the evidence as the prosecution has successfully proved the allegations against the respondents. During the pendency of the present appeal, respondent No. 2, who is the mother of respondent No. 1 died, as such she was deleted from array of the respondents vide order dated 20.12.2018.

3. Mr. Aseem Sawhney, learned AAG argued that the parents and the brother of the deceased have successfully proved the prosecution case and as such the trial court has erred in acquitting the respondents.

4. Mr. D S Saini, learned counsel for the respondents has vehemently argued that the instant case is in fact a case of no evidence and the learned trial court has rightly acquitted the respondents.

5. The brief facts necessary for disposal of the present appeal are that FIR bearing No. 271/1993 under section 306 RPC was registered by the Police Station, R. S. Pura on the written application made by Gurcharan Singh S/o Madan Singh in Urdu, in which it was stated that his sister, namely, Surinder Kour was married with Balwant Singh S/o Shri Ram Singh 9/10 years back. Out of the wedlock, two male children were born. After the marriage, Balwant Singh, respondent No. 1, Leela Wanti-mother-in law, respondent No. 2 and Mohinder Kour-respondent No. 3 used to harass her by different modes that his sister was not beautiful and also respondent No. 1 did not give expenses to her despite the fact that respondent No. 1 was serving in the Army. Earlier also, the respondents turned her sister from their house after beating her. A meeting of the committee was organized and in laws of his sister were advised not to harass his sister but they did not mend their way. Whenever his sister used to come to his home, she used to say that the respondents were harassing and maltreating her. It was further stated that on 03.10.1993, he came to know that last night his sister being fed up with harassment meted to her by the respondents had committed suicide by burning herself by pouring kerosene oil. She was taken to hospital, where she died. Pursuant to this, FIR bearing No. 271/1993 was registered on 03.10.1993. After registration of the FIR, Investigating Officer during the investigation, seized a plastic gallon, match box and also prepared the site plan. The postmortem of the deceased was also conducted and after recording the statement of the witnesses, the Investigating Officer, proved the offence under section 306 RPC against the respondents and filed the challan for commission of offence under section 306 RPC against the respondents before the Judicial Magistrate 1st Class, R. S. Pura on 02.04.1994, which was committed to the Court of Principal Sessions Judge, Jammu. In turn, the Principal Sessions Judge vide order dated 03.05.1994 transferred the said case to the Additional Sessions Judge, Jammu for disposal under law and later on, by virtue of order dated 4th May, 2006 pursuant of the directions of this Court, the challan was transferred to the trial court.

6. The charges against the respondents were framed for commission of offence under section 306 RPC on 23.05.1995 and as the respondents did not plead guilty, the prosecution was directed to lead its evidence. Out of total 20 witnesses cited by the prosecution, the prosecution examined only 10 witnesses, namely, PW-1 Gurcharan Singh, PW-2 Raghbir Singh, PW-3 Sarabjeet Singh, PW-4 Harbajan Singh, PW 5, Satwant Kour, PW-6 Ajit Kour, PW-9 Gurpreet Singh, PW-10 Madan Singh, PW-11 Ashok Kumar, PW-13 S. D. Thakur, whereas PW 7 was given up by the prosecutio