JUDGEMENT Lokeshwar Singh Patna, J. :- This appeal has been preferred by the State against the judgement of acquittal passed by the Additional Sessions Judge (2), Shimla, in Sessions Trial No. 20-3/7 of 1985, dated 11-8-1986. 2. Briefly stated the prosecution case is as under :- On 31-8-1982, a complaint was lodged with the Sub-Divisional Judicial Magistrate, Rampur, by Shri Bal Krishan (PW-1), father of the deceased Nirmala Devi under Section 302 read with Section 34 of the Indian Penal Code. It was alleged in the complaint that his daughter Smt. Nirmala Devi (deceased) was married to accused Amin Chand about five years back. Accused Kamla Devi is the mother of accused Amin Chand. These two accused along with Chura Dutt father of the accused Amin Chand used to maltreat the deceased. On 5-8-1982, Smt. Nirmala Devi was found dead in the house of her-in-laws in suspicious circumstances. Her post-mortem examination was conducted which revealed that she had consumed some insecticide. The accused were alleged to have killed the deceased and in a bid to escape their liability for the murder, they created intentionally circumstances to make it appear that it was a case of suicide. The accused did not inform the parents of the deceased about her death nor did they inform the other close relative of the deceased, who lived in the neighbourhood. They told the doctor in the presence of two persons named Devi Ram and Devki Nand that the deceased has died due to snake bite, though as a matter of fact she died of poisoning. It was also alleged that some insecticide was administered to the deceased forcibly as there was a cut injury on one of the fingers of right hand of the accused Amin Chand soon after the occurrence, with the respect to which he gave a false explanation that while he was trying to administer Imli water which serves as an antidote and the deceased bit him. It was further stated in the complaint that the matter was reported to the police by the hospital authorities, but the police did not take any action on such report. On 31-8-1982, a complaint was made to the Sub Divisional Judicial Magistrate, who forwarded the same to the Station House Officer, Police Station, Rampur, on the same day in exercise of his powers under Section 156(3) of the Code of Criminal Procedure. On 31-8-1982, a complaint was made to the Sub Divisional Judicial Magistrate, who forwarded the same to the Station House Officer, Police Station, Rampur, on the same day in exercise of his powers under Section 156(3) of the Code of Criminal Procedure. The matter was investigated and during the course of investigation, the father, mother and the brother of the deceased stated to the police that the deceased used to be maltreated by the two accused hereinabove. They stated to the police that 3-4 months prior to her death Smt. Nirmala Devi had been given severe beatings by her husband and mother-in-law during night time and as a result of that beating Smt. Nirmala Devi was so much scared that she left the house of her-in-laws and came straight to her parents house. Next day, both the accused accompanied by 2-3 ladies of their village went to the house of the parents of Smt. Nirmala Devi and assured her parents that she would not be beaten in future. In view of the assurance given by the accused persons and the ladies of their village accompanying them, the parents of Smt. Nirmala Devi sent her back to the house of her-in-laws. The further allegation is that the accused used to call the deceased a witch who had cast an evil spell on their house and the members of their family. 3. On completion of the investigation, the police filed a challan against the accused persons under Section 306 read with Section 34 of the Indian Penal Code, in the Court of Chief Judicial Magistrate, Shimla, who committed the case to the Court of Sessions Judge, for trial. The accused persons were charge sheeted for an offence under Section 306 read with Section 34 of the Indian Penal Code. They pleaded not guilty to the charge. 4. The prosecution examined eight witnesses in its support. The accused were also examined under Section 313 of the Code of Criminal Procedure. They also produced one witness in their defence. In their statements under Section 313 Cr. P.C., the accused denied having maltreated the deceased or having created such an atmosphere which compelled the deceased to take the extreme step. They stated that they have been falsely implicated by Bal Krishan (PW-1), the father of the deceased at the instigation of their enemies. In their statements under Section 313 Cr. P.C., the accused denied having maltreated the deceased or having created such an atmosphere which compelled the deceased to take the extreme step. They stated that they have been falsely implicated by Bal Krishan (PW-1), the father of the deceased at the instigation of their enemies. In reply to question No. 18 the accused Amin Chand stated as under :- "That day I had gone to graze the buffaloes in the fields. When I returned home in the evening at about 4.00 PM, I saw that Nirmala Devi was lying on the bed and was trembling. When I uncovered her face I saw forth coming from her mouth. I asked what had happened to her. She did not response I saw the bag in which I had kept the bottle of Felidol lying near her bed. I became apprehensive and felt that she have consumed Felidol which is poisonous substance. Then I called my mother from the fields and took her to the hospital at Rampur, where she died." 5. In reply to question No. 18, accused Kamla Devi has said thus : "Nirmala had gone with me to the fields on 5-8-92. At about 3.00 PM, she went back to the house with the saying that she had to breast feed her child. Thereafter my son came and told me that she was lying unconcious. Then I went to the house. And soon after that we shifted her to the hospital at Rampur." 6. The trial Court after consideration of the evidence adduced on record found the prosecution case not reliable to connect the accused with the commission of the offence charged for and acquitted them Hence this appeal by the State of H.P. 7. Ms. Shyama Dogra, learned Deputy Advocate General appearing on behalf of the State has contended that the trial Court has gravely erred in not appreciating the evidence of the close relations of the deceased regarding maltreatment, beatings and calling her a witch which forced the deceased to do away with her life (sic) evidence of the prosecution is unimpeachable in the present case. She also contended that there is no evidence on record to suggest that the accused persons have been falsely implicated in the present case. 8. She also contended that there is no evidence on record to suggest that the accused persons have been falsely implicated in the present case. 8. Shri Dharam Chand Chaudhary, learned counsel for the accused has strenuously urged that the evidence adduced by the prosecution is shaky and unreliable. He contended that the alleged occurrence had taken place on 5-8-1982, whereas the complaint was filed on 31-8-1982 after due deliberation and manipulation at the behest of two persons, namely, Sadh Ram and Beli Ram who are inimical towards the accused. 9. To substantiate the allegation of beatings and maltreatment meted out to the deceased, the prosecution has produced Bal Krishan (PW-1) father, Dameshwari Devi (PW-2) mother, Devi Ram (PW-3) brother, Bhagat Chand Mehta (PW-4) maternal uncle and Kewal Ram (PW-5) uncle of the deceased. Bal Krishan (PW-1) has stated that after 2-3 years of the solemnisation of the marriage, the accused started maltreating his daughter and that whenever his daughter used to meet him, she would complain of being subjected to cruelty by her-in-laws. He also stated that his daughter used to tell him that she was called a witch by the accused persons and that they always threatened to kill her. He has further stated that several times his daughter came to his house after having been tortured and maltreated by her-in-laws and every time the accused used to follow her and take her back on the assurance that in future they would not be cruel to her. It has also been stated by him that three months prior to her death, his daughter came to his house at 3 clock in the night with her nose and mouth bleeding and she told him that the accused had tried to kill her by gagging her mouth and pressing nose so that she could not inhale fresh air and would die due to suffocation. His daughter somehow or the other was able to free herself from the clutches of the accused persons and came to his house to save her life. In his cross-examination; he categorically admitted that this part of the statement was not narrated by him to the Investigating Officer during the investigation nor it was mentioned in the complaint Ex. PA. His daughter somehow or the other was able to free herself from the clutches of the accused persons and came to his house to save her life. In his cross-examination; he categorically admitted that this part of the statement was not narrated by him to the Investigating Officer during the investigation nor it was mentioned in the complaint Ex. PA. It is also admitted by him that his daughter did not visit his house after her return to her-in-laws in May or June, 1982 till the festival of Rakhi on 4-8-1982. He has also admitted that his daughter used to remain depressed and dejected and would never speakout her mind. 10. Smt. Dameshwari Devi (PW-2), mother of the deceased, has stated that the deceased made a complaint to her about the maltreatment and torture at the hands of her-in-laws. She also stated that about a month or two prior to her death, her daughter had come to her house at about 12 in the night with her mouth bleeding and told her that she had been beaten by the accused persons. Next morning, Amin Chand accused came to her house and took her daughter back. The evidence of this witness is contradictory to the statement made by PW-1 in which PW-1 has stated that the deceased did not visit his house since May or June till August 4, 1982, whereas this witness has stated that about a month or two prior to her death, her daughter had come to her house at about 12 in the night with her mouth bleeding. Further PW-1 stated that about 3-4 months prior to her death, the deceased came to his house and complained about the maltreatment meted out to her by her-in-laws and on the next day both the accused along with Kamla Devi and Findi came to their house to take the deceased back and he sent her daughter back to her-in-laws house. But PW-2, mother of the deceased says that next morning only Amin Chand came and took her daughter back and she was sent with him. The allegations of beatings and maltreatment etc., were not made by her to the police during the investigation and to anyone else except during the trial. But PW-2, mother of the deceased says that next morning only Amin Chand came and took her daughter back and she was sent with him. The allegations of beatings and maltreatment etc., were not made by her to the police during the investigation and to anyone else except during the trial. Devi Ram (PW-3) is the brother of the deceased and stated that the deceased visited her parents house 6-7 times and that every time she complained against the conduct and behaviour of the accused persons. He further stated that 3-4 months prior to her death his sister had come to their house very late in the night with her nose bleeding and clothes torn and that she told them that she had been beaten by the accused persons and further stated that next day he went to the house of the accused persons along with his maternal uncle and one Beli Ram a neighbour of the accused persons and enquired the cause of beating of his sister. Only accused Kamla was present in the house. It is further stated by him that after sometime accused Amin Chand fell ill and was admitted in the hospital at Shimla and then Findi and Kamla Devi, the two aunts of the accused Amin Chand came to their house and told them to send the deceased back to her-in-laws house as her husband was ill. The version of this witness does not find support from the statements of PWs 1 and 2. PW-2 mother of the deceased says that she sent her daughter on the next morning with the accused Amin Chand who came to take her back, whereas this witness says that the two accused followed his sister on the same night to take her back but they refused to send her with them and she was sent to her-in-laws house only after the accused Amin Chand had fallen ill and was admitted to the hospital. Bhagat Chand (PW-4) maternal uncle of the deceased has only stated that once the deceased had told him that her mother-in-law used to taunt and torture her. He has not mentioned anything against the accused Amin Chand. 11. Bhagat Chand (PW-4) maternal uncle of the deceased has only stated that once the deceased had told him that her mother-in-law used to taunt and torture her. He has not mentioned anything against the accused Amin Chand. 11. On consideration of the evidence, it is clear that the story of giving beatings to the deceased by the accused persons seems to have been invented during the investigation of the case with a view to create evidence against the accused persons. The report was lodged by the father of the deceased with the Sub Divisional Judicial Magistrate as late as on 31-8-1982, that is to say, more than 25 days after the death and such allegations were not made in that complaint. Similarly, the mother of the deceased also did not state such happening to the police while making statement under Section 161 of the Code of Criminal Procedure. But this story is not recorded either in the complaint Ex. PA made by the father or in the statement Ex. PB made by mother of the deceased with which they were duly confronted while cross-examination. They failed to furnish any explanation for the omission of this important fact in the report and also in the statement. Thus, the story of the prosecution with respect to the alleged incident of beatings of the deceased by the accused persons 3-4 month prior to the occurrence does not seen to be correct. 12. The rest of the evidence of the prosecution relating to the allegation of maltreatment, torture and harassment is also very vague to lead to definite conclusion. According to father, the deceased visited her house 10-12 times with the complaint that she was subjected to cruelty and maltreatment by her-in-laws, whereas according to mother, the deceased visited only 2-3 time with the complaint of this type and - according to her brother, the deceased visited 5-6 times. It has also come in the evidence of PW-1 that both the persons, namely, Sadh Ram and Beli Ram of village Kalna who according to accused persons are inimical towards them had been meeting him daily from the date of occurrence till 31-8-1982 when the complaint Ex. PA was made. It has also come in the evidence of PW-1 that both the persons, namely, Sadh Ram and Beli Ram of village Kalna who according to accused persons are inimical towards them had been meeting him daily from the date of occurrence till 31-8-1982 when the complaint Ex. PA was made. The fact that the complaint was lodged after about 25 days of the occurrence also shows that in the heart of their hearts even the parents and brother of the deceased did not suspect any foul play in the death of deceased, otherwise they would not have waited for a long period of 25 days in taking action against the accused persons. The evidence of the witnesses as referred to above, is full of inconsistencies and contradictions regarding the precise nature of maltreatment and cruelty meted out to the deceased. In view of this evidence, it is not possible to come to the conclusion with a degree of certainty required in criminal trial that the deceased was being maltreated or harassed by the accused persons. From the evidence, it is clear that the accused had gone to the house of the parents of the deceased on all occasions whenever the deceased visited her parents house and they had been pursuing the parents and brother of the deceased to send the deceased to their house. This conduct of the accused persons would show that they had love and affection for the deceased and had been trying of persuade the deceased to settle at their house. Further, when they found the deceased lying on the bed, had consumed Felidol immediately shifted her to the hospital for medical treatment. Diwan Chand, younger brother of the accused Amin Chand, was also sent to inform PW-Devi Ram brother of the deceased who was posted in Himachal Khadi Ashram at Rampur about the admission of the deceased in the hospital. 13. The post-mortem of the deceased was conducted by Dr. Sunil Anand and his reports Ex. PW-8/A and opinion Ex. PW-8/B were produced by Shri Sureshanand Sharma (PW-8), Clerk, office of the Chief Medical Officer, Ripon Hospital, Shimla. According to the opinion of the doctor, the deceased died due to ingestion of organophosphorus compound and it was a case of suicide as there were no struggle marks and injuries on the body of deceased. 14. PW-8/A and opinion Ex. PW-8/B were produced by Shri Sureshanand Sharma (PW-8), Clerk, office of the Chief Medical Officer, Ripon Hospital, Shimla. According to the opinion of the doctor, the deceased died due to ingestion of organophosphorus compound and it was a case of suicide as there were no struggle marks and injuries on the body of deceased. 14. So far the allegation of the prosecution that the accused Amin Chand gave a false explanation of the cause of death of the deceased is concerned, there is not an iota of evidence led by the prosecution to prove this allegation. According to the report Ex. PA, accused Amin Chand told Devi Ram and Devkinand that Nirmala Devi deceased had died due to snake bite. Devi Ram (PW-3) brother of the deceased has not stated that the accused persons told him that the deceased had died of snake bite. The second witness Devkinand has not been produced. Kewal Ram (PW-5) uncle of the deceased has stated that when he went to the hospital at Rampur on hearing that his niece Nirmala Devi had died, he was told by accused Amin Chand that Nirmala Devi had consumed Felidol, an insecticide. Thus, the statement of this witness falsifies the story of the prosecution that the accused gave a false explanation about the cause of death of the deceased. 15. We do not find any reason to interfere with the finding of the trial Court as the evidence adduced by the prosecution to sustain the conviction under Section 306 read with Section 34 of the Indian Penal Code, is not satisfactory and acceptable. Further, the judgement of the trial Court cannot be said to be suffering from any illegality or perversity, so far as the acquittal of the accused for the offence under Section 306 read with Section 34 I.P.C. is concerned. 16. In the result, for the foregoing discussion, the appeal is dismissed. Surely bonds are discharged. Appeal dismissed