The prosecution must establish clear evidence of abetment for a conviction under Section 306 IPC, as mere harassment does not suffice.

JUDGMENT :

Rajnesh Oswal, J.

1. This acquittal appeal has been filed by the appellant against the judgment dated 11.06.2016 passed by the Principal Sessions Judge, Samba (hereinafter to be referred “as the trial court”) in a charge sheet, titled, State of J&K v. Yogesh Kumar @ Jyoti and [orders]” whereby the respondents have been acquitted of the charge in respect of commission of offences under sections 306 and 498-A RPC arising out of FIR No. 43/2011 registered with Police Station, Ghagwal.

2. The appellant has impugned the judgment on the ground that the learned trial court acquitted the respondents despite the fact that the prosecution had established the case against the respondents by adducing cogent evident.

3. Learned counsel for the appellant has vehemently argued that the learned trial court has ignored the statements of the mother, sister and the brothers of the deceased, who had categorically deposed in respect of the cruelty meted to the deceased by the respondents in respect of dowry demands, as such, the judgment impugned is not sustainable in the eyes of law.

4. Per contra, Mr. R.K. Kotwal, learned counsel appearing for the respondents has vehemently argued that the Investigating Officer, in his deposition, had admitted that there was unexplained delay in recording the statements of the prosecution witnesses. He further submitted that there was no evidence that the respondents had at any point of time after solemnization of marriage of the deceased with the respondent No. 2/husband, demanded any dowry and due to non-fulfilment of such demands, the respondents treated the wife of respondent No. 2 with cruelty, that promoted her to take extreme step by ending her life.

5. Heard and perused the record.

6. The brief facts as they emanate from the prosecution story are that on 26.10.2011, complainant, namely, Ram Krishan, brother of the deceased-Pooja Devi submitted a written application with SHO Police Station, Ghagwal stating therein that his sister used to say that her in-laws would kill her and they continuously harassed her and kept her in confinement. On 26.10.2011 at about 1:30 P.M., he had gone to the matrimonial house of his sister. She hugged him and started crying. After sitting half an hour, he came back and when he reached at Ghagwal, he stayed there for half an hour, when he received the phone from the in-laws of his sister that they were in hospital and when he went there, he found that his sister had already died. The elder brother-in-law and sister-in-law, younger brother-in-law, husband of her sister and mother-in-law were involved in the crime as they had killed his sister because they used to harass her for dowry. On receipt of this information, FIR bearing No. 43/2011 for commission of offences under sections 498-A and 306 RPC was registered and the investigation of the case was handed over to the Uttam Chand, Sub-Inspector. During course of the investigation and after recording the statements of the witnesses and obtaining medical opinion and FSL report, the charge sheet was laid against the respondents for commission of offences under sections 498-A and 306 RPC before the Court of Chief Judicial Magistrate, Samba, who vide order dated 24.12.2011 committed the charge sheet to the learned trial court. The learned trial court vide order dated 09.01.2012 framed the charge. Respondent Nos. 1 to 3 were charged for commission of offences under sections 498-A and 306 RPC vide order dated 09.01.2012 as the other respondents had already been proceeded under section 512 Cr.P.C. Subsequently they also appeared before the trial court. However, respondent Nos. 4 and 5 were not charged and despite that the prosecution continued to lead evidence. After conclusion of the evidence, learned trial court vide judgment dated 11.06.2016 acquitted the respondents.

7. In order to appreciate as to whether the learned trial court has rightly appreciated the evidence or not, it is appropriate to have a brief resume of the prosec