The main legal point established in the judgment is the requirement for cogent evidence to prove abetment under section 306 I.P.C., and the importance of analyzing evidence in detail to reach a decision.

JUDGMENT :

HARSH KUMAR, J.

1. This Government Appeal has been filed with application for leave to file appeal under section 378(3) Cr.P.C. against the impugned judgment and order dated 30.07.2018 passed by Additional Sessions Judge, Court No.-7, Saharanpur in Sessions Trial No. 294 of 2015 (State Vs. Irfan), arising out of Case Crime No. 243 of 2014, under section 306 I.P.C., P.S. Gangoh, District Saharanpur acquitting accused-respondent from the charges under section 306 I.P.C.

2. The brief facts relating to the case are that Asif lodged a F.I.R. on 16.05.2014 at Case Crime No. 243 of 2014 stating therein that his sister Smt. Afroz was married to accused Irfan about 11-12 years back and was blessed with four children and they were living in a rented accommodation in the township of Gangoh; that there was some dispute between husband and wife since last two months as Irfan had developed illicit relationship with one Sazida due to which he used to commit marpeet with his sister and she left for her Mayaka in village Jahanpura, P.S. Kairana, District Shamli; that since last 15 days Smt. Afroz was living with Irfan along with her children following a mutual compromise and in the evening of 15.05.2014 again there arose some dispute and marpeet between the husband and wife following which Irfan and Sazida have somehow caused death of Smt. Afroz and after death in order to make the evidence of offence disappear, they took away her dead body to Irfan's native village Alampur; that some one from village Alampur informed first informant about the incident so he is lodging F.I.R. for necessary action against Irfan and Sazida.

3. Heard Shri L.D. Rajbhar, learned AGA for the State and perused the record.

4. The learned AGA submitted that impugned judgment & order is wrong on facts of law; that the learned trial court failed to properly appreciate the evidence on record and decided the case on surmises and conjectures; that it was proved from the evidence on record that due to illicit relationship with Sazida accused-respondent used to torture his wife; that the learned trial court has wrongly observed material contradictions in the statements of prosecution witnesses; that the learned trial court has given undue weightage to the defence evidence and acted wrongly in disbelieving the prosecution case; that the prosecution case was fully proved from the evidence on record and it was also proved that the accused-respondent caused abetment to the deceased for committing suicide; that the impugned order is liable to be set aside and after leave to appeal, the state has every hope of success in appeal.

5. Upon hearing learned AGA and perusal of record, I find that prosecution has come with specific case in F.I.R. that marriage of accused-respondent was solemnized with deceased about 11-12 years back and they were blessed with 4 daughters and were living in rented accommodation in the township of Gangoh. It is also contended that accused-respondent had developed illicit relationship with Sazida since last two months due to which there was some dispute and accused respondent used to commit marpeet because of which deceased had come to her Mayaka in village Jahanpura, P.S. Kairana, District Shamli and after mutual settlement, since last 15 days she was living with respondent in above rented accommodation. It is also stated that on 15.05.2014 after quarrel and marpeet between husband and wife, accused-respondent and Sazida caused death of his wife whereafter they took her body to village Alampur for disposal and some one from Alampur informed the first informant about the incident. The evidence on record shows that first informant has stated that prior to the incident in question no complaint was ever made regarding the alleged illicit relationship between the respondent and Sazida or marpeet.

6. The prosecution produced as many as 9 witnesses to prove the charges viz Yaqoob as P.W.-1, Asif as P.W.-2, Dr. Anil Kumar as P.W.-3, Constable Harendra Singh as