JUDGMENT R.L.Khurana, J.: The two appellants, hereinafter referred to as the accused, stand convicted in Session Trial No. 33 of 1993, vide judgment dated 28.12.1994, by the learned Sessions Judge, Mandi, for the offences under Sections 306 and 498-A, Indian Penal Code, Each one of them has been sentenced as follows :- S. No. Offences Sentence. 1. 306, I.P.C. Simple imprisonment for three years and fine of Rs. 2000/-. In default of payment of fine, simple imprisonment for a period of six months. 2. 498-A, I.P.C. Simple imprisonment for one year and fine of Rs. 500/-. In default of payment of fine, simple imprisonment for a period of 45 days. The substantive sentences of imprisonment on the two counts were ordered to run concurrently. 2. Briefly stated, the matrix of the prosecution story is this. The two accused are residents of village Kapahi, within the local limits of jurisdiction of Police Station, Sunder nagar, District Mandi. They have a son name Sita Ram, who is working as a driver in Bombay. Sita Ram was married to one Smt. Bimla Devi, daughter of PW 1 Sarwan Kumar. The marriage having taken place sometime in the year 1989-90. Since after the marriage, Smt. Bimla Devi was living with the accused in village Kapahi. 3. On the night intervening 16th and 17th August, 1992, a message was conveyed to PW 1 Sarwan Kumar that his daughter, Smt. Bimla Devi, had committed suicide by consuming some poison. On the receipt of such information, PW 1 accompanied by his relatives and certain other persons of his village went to the house of the accused in a truck. Finding the body of Smt. Bimla Devi still warm and believing that she was still alive, he carried her in the truck for being taken to District Hospital, Mandi, for treatment. On the way at Nar Chowk, one Govind Ram, a Compounder, on seeing Smt. Bimla Devi, told PW 1 that she was already dead. PW1, thereafter, instead of going to the hospital, brought the dead body of Smt. Bimla Devi to his house. When the dead body was being given ritual bath for the purpose of cremation, a letter purported to be written by the deceased to her parents was recovered from the sleeves of her shirt. Such letter contained the allegations of cruel treatment of the accused towards the deceased on account of dowry. When the dead body was being given ritual bath for the purpose of cremation, a letter purported to be written by the deceased to her parents was recovered from the sleeves of her shirt. Such letter contained the allegations of cruel treatment of the accused towards the deceased on account of dowry. Resultantly, instead of performing the last rites, PW 1 and his relations carried the dead body to Police Station, Sunder nagar, where the matter was reported and on the basis of the statement made by PW 1 Sarwan Kumar, under section 154, Code of Criminal Procedure, a case under section 306, and 498-A. Indian Penal Code came to be registered vide FIR No. 194 of 1992, at about 11.30 A.M. on J7.8.1992. 4. During the course of investigation, it was revealed that the deceased was being taunted and harassed by the accused on account of dowry. The deceased, Smt. Bimla Devi, on 12.8.1992, had gone to her parent’s house to condole the death of her maternal grand-father. She had returned to her in-laws (the accused) on 14.8.1992. She was then accompanied by her younger sister Ana Devi and nephew Chaman Lal. The accused did not allow her to enter the house. She had to remain out throughout the night and on the night intervening 16/17-8-1992. Unable to bear the torture and harassment, she took the extreme step to end her life by taking Organic Phosphorus, an insecticide. 5. PW 1, Sarwan Kumar, during the course of investigation of the case, on 2.9.1992, produced another letter to the police purporting to have been written by the deceased to her husband and given to her sister Km. Sitla for posting the same, which, however, she forgot to post. Both the letters, that is, the one alleged to have been recovered from the sleeve of the shirt of the: deceased and the one produced by PW 1 to the police on 2.9.1992 were sent to the Handwriting Expert for comparison of the handwriting. The Expert found both the letters to have been written by open and the same person. 6. On having been put to trial, the 0 accused did not plea guilty. Their defence is that the deceased committed suicide, since she wanted to join her husband at Bombay, which she could not do as her husband was not having any proper and suitable place for living at Bombay. 7. 6. On having been put to trial, the 0 accused did not plea guilty. Their defence is that the deceased committed suicide, since she wanted to join her husband at Bombay, which she could not do as her husband was not having any proper and suitable place for living at Bombay. 7. The learned Sessions Judge on consideration of the material placed before him, convicted and sentenced each of the two accused, as aforesaid. 8. By virtue of the present appeal, the two accused have assailed the convictions and sentence as imposed upon them by the learned Sessions Judge. 9. The learned counsel for the accused, while admitting that the deceased Smt. Bimla Devi has died a suicidal death by consuming .Organic Phosphorus insectiside, has contended that the evidence coming on. Record fails Short of the requirement to establish the offence either under section 306 or section 498-A, Indian Penal Code. It has further been contended that the letter, Ex.PA, alleged to have been recovered from the sleeve of the shirt of the deceased has not been proved to have been written by the deceased. 10. The learned Assistant Advocate General on. The-other hand; has supported the conviction and/sentence imposed upon the two accused by learned court below for the reasons and on the grounds’ recorded in the impugned judgment. 11. the most important piece of evidence in the present case on which much reliance has been placed by the learned Sessions judge while convicting, the two accused, is. The letter, Ex.PA, alleged to have been written by the deceased to her parents complaining about the cruel treatment of the two accused and the harassment being caused to her by them on account of dowry This letter, as stated above, as per the prosecution case, was recovered from the sleeve, of the shirt of the deceased when the dead body was being given the ritual bath before cremation. PW 7, Km. Sitla and PW 10, Smt: Kamla Devi, the two sisters of the deceased, have deposed that the letter, Ex.PA, is in the handwriting of the deceased. 12. Before any reliance can be placed on the letter, Ex.PA, it has to be seen whether letter Ex.PA has been proved to be in the handwriting of the deceased. 13. Ex. PD is another letter alleged to have been written by the deceased Smt. Bimla Devi to her husband. 12. Before any reliance can be placed on the letter, Ex.PA, it has to be seen whether letter Ex.PA has been proved to be in the handwriting of the deceased. 13. Ex. PD is another letter alleged to have been written by the deceased Smt. Bimla Devi to her husband. A reading of the letter shows that the. Same is purported to have been written by the deceased to her husband from the house, of her parent’s at Ner Chowk on Baisakhi Day, that is, 13th of April. According to the prosecution, the deceased after having written the letter, had handed over the same to her younger sister PW 7, Km. Sitla for being posted, However, PW 7 forgot to post it. She handed over the same to her father PW 1, who in turn on 2.9.1992, had produced the same to the police vide memo Ex.PE. This letter, Ex.PD, has not been proved to be in the handwriting of .the deceased. Neither PW 1 Sarwan Kumar, father of the deceased nor PW 7 Km. Sitla nor PW 10, Smt. Kamla Devi has stated that the letter Ex.PD, is in the handwriting of the deceased. 14. The letters Ex.PA and PD were sent to the Handwriting Expert for, comparison. The expert PW 4, Dr. B.R. Sharma, vide his report, Ex.PW 4/B has opined that the writer of both the letters is one and the same person. 15. As stated above, letter, Ex.PD has not been proved to be in the hand of the deceased, Smt. Bimla Devi, therefore, in view of the opinion, Ex.PW4/B, of the Handwriting Expert, letter, Ex.PA, cannot be said to be in the hand oft he deceased. 16. There is yet another significant aspect of the case. PW 7 Km. Sitla has deposed that she handed over three leaves containing the handwriting of the deceased to the police by tearing them of from the school exercise notebook of the deceased. Such three leaves were taken into possession by- the police on 19.8.1992, vide memo Ex.PH. PW 16, Gurbachan Singh, the Investigation Officer has also admitted that three leaves of an exercise note book containing the handwriting of the deceased on having been produced before him by PW 7, Km. Sitla were taken into possession vide memo, Ex.PH. 17. Such three leaves were taken into possession by- the police on 19.8.1992, vide memo Ex.PH. PW 16, Gurbachan Singh, the Investigation Officer has also admitted that three leaves of an exercise note book containing the handwriting of the deceased on having been produced before him by PW 7, Km. Sitla were taken into possession vide memo, Ex.PH. 17. Surprisingly enough, such three leaves of the exercise note-book containing the handwriting of the deceased were neither sent to the Handwriting Expert for comparison with Ex.PA or PD nor the same been placed on, the record of the present case. PW 16, the Investigation Officer, could not explain regarding the whereabouts, of these three leaves. The material evidence has thus been withheld by the prosecution and the only inference is that had these three leaves been produced and sent to the Handwriting Expert for comparison of handwriting with Ex.PA and PD, such evidence would have been against the prosecution. 18. Though, PW 7 and PW 10, the two sisters of the deceased have deposed that letter, Ex.PA, is in the hand, of the deceased, no reliance can be placed on their testimony in the absence of anything on the record to show that both these witnesses themselves are literate, able to read and write in Hindi and English. Both are silent on this aspect of the case. If both these witnesses are themselves illiterate, they cannot identify the handwriting of Ex.PA. The learned sessions Judge has, therefore, erred in placing reliance on the evidence of PW 7 and PW 10 in respect of identification of the handwriting contained in Ex.PA to be that of the deceased. 19. The oral evidence led by the prosecution regarding the deceased being treated with cruelty by the two accused on account of demand for dowry, does not inspire confidence. 20. It is significant to note that neither PW 1 Sarwan Kumar nor any of his relative/friend who had accompanied him to the house of the accused on hearing about the deceased having committed suicide by consuming some poison, had suspected any foul play. They had carried the body home and in the routine manner started making preparations for cremation of the deceased. 21. They had carried the body home and in the routine manner started making preparations for cremation of the deceased. 21. Had the deceased ever made a complaint about the cruel treatment of the accused on account of dowry, PW 1 and /or his relatives and friends at the very first instance would have immediately reported the matter to the police. 22. The conduct of PW 1, his relatives and friends, leads, to the only inference that t he story regarding cruel treatment of the accused towards the deceased on account of dowry came to be introduced as an after thought after due deliberation and consultation. 23. Even if for the sake of arguments, it is presumed that the deceased was being harassed and treated with cruelty by the deceased, there is no evidence to show that the acts of cruelty or harassment were committed soon before the death of the deceased. 24. The story of the prosecution that on the night of 14.8.1992, when the deceased returned from her parental home, she was not permitted by the accused to enter the house and was made to stay outside throughout the night has not been accepted by the learned belies this aspect of the prosecution case. 25. PW 8, Chaman Lal, is alleged to have accompanied the deceased on 14.8.1992, when she returned from her parental house. Though in his examination - in- chief, he has deposed that the deceased was not permitted to enter the house, during the course of cross-examination has admitted that he had slept in the same room for night in which the deceased Bimla Devi had slept. If the deceased was not allowed to enter the house and was made to stay outside for the whole night, how she came to sleep in the room in which PW 8 had slept. 26. PW 8 has also gone to state that he never talked to anyone, even his parents, about what had happened on 14.8.1992. He is alleged to have narrated the incident only after about a year of such incident on having been coaxed and forced to do so by his parents. It appears that the story as to the alleged incident of 14.8.1992 came to be introduced only to show that the deceased was harassed and treated with cruelty soon before her death. 27. Admittedly, the deceased has died a suicidal death. It appears that the story as to the alleged incident of 14.8.1992 came to be introduced only to show that the deceased was harassed and treated with cruelty soon before her death. 27. Admittedly, the deceased has died a suicidal death. The onus to prove that the suicide was abated by the accused was on the prosecution, which it has failed to discharge. 28. In holding the. Accused guilty of the offence, the learned Sessions. Judge appears to have been greatly influenced by the falsity of the defence evidence. 29. It has been held by a Division Bench of the Allahabad High Court, in Gulzari Lal & Ors. v. State of U.P. (1994 Cri. L.J. 3537), as follows:- "It may be stated here that the learned trial Judge has mixed up the whole issue and as has been noticed a little while later he started judging the prosecution case by partly referring to the prosecution evidence and partly referring to the defence evidence. This is not permissible. It is always open to a trial court to come to an independent finding on the basis of what appears to be. reasonable manner of the incident and in this view convict or acquit the accused, It has to be remembered that falsehood oft he defence case is not going to strengthen the prosecution case and likewise if there be some infirmity in the prosecution version that by itself was not to strengthen the defence version." 30. The learned Assistant Advocate General lastly contended that since the death of the deceased by suicide has occurred within seven years of her marriage, a presumption can be raised under section 113-A, Evidence Act, to the effect that such suicide was abated by the accused. 31. There is no force in the contention of learned Assistant Advocate General. It is well settled that for raising the presumption under Section 113-A, Evidence Act, for abatement of suicide, one of the ingredients that the deceased was subjected to cruelty, has to be proved. 32. In the present case, no reliable evidence is forthcoming to prove that the deceased Bimla Devi has subjected to cruelty. Therefore, in the absence of such evidence, no presumption under section 113-A, Evidence Act, can be raised for holding the accused guilty of the offence under section 306, Indian Penal Code or under 498-A, Indian Penal Code. 33. 32. In the present case, no reliable evidence is forthcoming to prove that the deceased Bimla Devi has subjected to cruelty. Therefore, in the absence of such evidence, no presumption under section 113-A, Evidence Act, can be raised for holding the accused guilty of the offence under section 306, Indian Penal Code or under 498-A, Indian Penal Code. 33. The High Court of Madhya Pradesh in Padmabai v. State of M.P., (1987 Cri.L.J. 1573), while dealing with the scope of the offence under section 306, Indian Penal Code, has held: ".......considering the definition of abatement of a thing as given in section 107 of the Indian Penal Code scope of the offence under section 306 ibid for abatement of suicide is quite within a narrow compass. It would be evident on plain reading of section 306 read with section 107 of the Indian Penal Code, that, in order to make out the offence of abatement of suicide, the necessary proof required is that the culprit has either instigated the victim to commit suicide or has engaged himself in conspiracy with others, for the commission of suicide or has intentionally aided, by any act or illegal omission in the commission of suicide, instigation for suicide may well take the form of willful misrepresentation or willful concealment of any material facts, directly or otherwise, leading to the avowed or intended result. I.e. suicide. Likewise any act done, prior to or at the time of commission of suicide, in order to facilitate suicide which may then, however, actually take place, is also covered within the ambit of intentional adding as mentioned in section 107 ibid. However, it may be well to remember that the act done to facilitate the commission of suicide should be closely proximate in time to the time of the incident. The acts done at a distant time with no close nearness or proximity to the time of a suicide will obviously have to be ruled out, as acts facilitating and accelerating the commission of suicide. There has to be element of positive complicity on the part of the abettor at the point of time just prior to the actual commission of the offence or within such short space of time prior to suicide that there may be found a reasonable and national nexus between the act done by the abettor and the resultant i death. There has to be element of positive complicity on the part of the abettor at the point of time just prior to the actual commission of the offence or within such short space of time prior to suicide that there may be found a reasonable and national nexus between the act done by the abettor and the resultant i death. It is the essence of the crime order of abetement of suicide that the abettor should be proved to have substantially assisted in the commission of the offence of suicide. Instigation, incitement, provocation, encouragement, insinuation, solicitation, which words connote different meanings, are not doubt some of the acts, which may constitute as abetement for commission of suicide. But all such acts or any of them have to be positive and potent in the nature, of such a degree, that the direct result of such acts may be none other, but the commission of suicide." "Stray domestic quarrels, perfunctory abuses by mother-in-law, to her daughter -in-law in the Indian society, crude and uncultured behavior by the -in-laws or the husband towards his wife being mundane-matters of normal occurrence in the traditional Joint Hindu Families, will not go to form and constitute abetment unless these acts of conduct signally or cumulatively, are found to be of such formidable and compelling nature ; as may lead to the commission of suicide or may facilitate in a singular and prime manner, the commission of the same." 34. For the foreging reasons, the present appeal is allowed. The conviction and sentence imposed upon the two accused by the learned court below is set aside and: they are acquitted of the offences under sections 306 and 498-A, Indian Penal Code. Their bail bonds shall stand cancelled and discharged. The amount of fine, if already deposited, shall be refunded to the two accused forthwith.