JUDGMENT 1. - This appeal from jail was filed by the Superintendent, Central Jail, Jaipur, Rajasthan for and on behalf of Hari Singh, appellant against the, Judgment and order dated 15.5.95 made by the Addl. Sessions Judge, Kishangarh Bas, Alwar, in Sessions Case No. 65/94 under Section 306 498A IPC. By his said judgment and order the learned trial Judge had held the appellant guilty of the offences under Section 306 and 498A IPC and convicted him as such. He sentenced the appellant to 3 years R.I. and fine of Rs. 5000/- for offence under Section 498A IPC and to 10 years R.I. and a fine of Rs. 10,000/- for offence under Section 306 IPC. Both the substantive sentences under the two offences were directed to run concurrently. 2. The relevant facts sufficient for disposal of the present appeal are these : On January 27, 1994 at about 5.00 p.m. Suresh reported to the police officers at P.S. Tijara that his sister Ramkalan had committed suicide in a Chapper near a well known Khajurwalan. On this information a report under Section 174 Cr.PC. was registered at the said police station by PW 5 Rohitash ASI PO. Tijara. He left for the place of incident and commenced proceedings under Section 174/176 Cr.PC. in the course of such proceedings, after examining Suresh, the informant and several other persons of the locality, Rohitash ASI came to know that having fed up with the domestic dispute and quarrel between her father, the present appellant, and her mother P.W. 1 Smt. Laxmi, aged 55 years, Kum. Ramkalan, aged about 23 years, had committed suicide. When PW 15 Rohitash ASI was still busy with the proceedings under Section 174/176 Cr.P.C. PW 3 Arjun Singh, who was the maternal uncle of the deceased and was then posted as a Constable at Police Station in Alwar City, submitted a written report to PW 16 Sh. Chandrapal Singh, SHO, PS. Tijara. When PW 15 Rohitash ASI was still busy with the proceedings under Section 174/176 Cr.P.C. PW 3 Arjun Singh, who was the maternal uncle of the deceased and was then posted as a Constable at Police Station in Alwar City, submitted a written report to PW 16 Sh. Chandrapal Singh, SHO, PS. Tijara. In such a report (Ex.P 1) Arjun Singh had reported that his sister Smt. Laxmi Devi was married with the appellant about 30 years back and that the wedlock given them six children, including Ramkalan, deceased; that the eldest daughter was got married in the year 1984 but the appellant was not arranging marriage of Ramkalan deceased instead used to beat her mother Smt. Laxmi Bai; that the deceased and her mother Laxmi Bai were fed up with the behaviour of the appellant and in that respect the informant had lodged a report against the appellant on 28.11.93 wherein he was arrested under Section 151 Cr.PC. and after having remained in Jail when he came back to his house. He again behaved with the deceased and her mother in the same manner whereupon again the informant filed a report against the appellant on 26.12.93. PW 3 Arjun Singh thus alleged in his report that the appellant had contributed to the unnatural death of the deceased and had infect instigated her to commit suicide On the basis of this report Crime No. 23/94 under Section 306 IPC was registered against the appellant and investigation was commenced by PW 14 Jeevan Singh and PW 16 Chandrapal Singh, SHO. 3. After having completed the investigation the police came to the conclusion that the appellant used to treat Smt. Laxmi Bai and the deceased with cruelty and that it was due to cruel behaviour of the appellant that Kum. Ramkalan had committed suicide. A report under Section 173 Cr.P.C. was accordingly submitted by the police in this case. 4. The learned trial Judge framed charges under Sections 306 and 498-A IPC against the appellant. He held both the charges proved against him by the prosecution evidence comprising of 16 witnesses. He, therefore, held the appellant guilty of both the offences and convicted and sentenced him in the manner stated above. 5. Mr. Nand Kishore, advocate, was appointed Amicus Curiae for the appellant. He held both the charges proved against him by the prosecution evidence comprising of 16 witnesses. He, therefore, held the appellant guilty of both the offences and convicted and sentenced him in the manner stated above. 5. Mr. Nand Kishore, advocate, was appointed Amicus Curiae for the appellant. He submitted that on a large perusal of the statements of the witnesses, examined at the trial of the appellant, it was quite evident that Kum. Ramkalan had committed suicide of her own and that the appellant had not abetted in the commission of that offence by her, Mr. Nand Kishore took me though the entire evidence on record. Though the learned Public prosecutor Mr. Rajendra Yadav urged that looking to the fact that Kum. Ramkalan was fed up with the treatment meted out by the appellant towards her as well as towards her mother, the appellant has been rightly held guilty of the offences under Section 498-A and 306 IPC. Yet after having considered the evidence on the record of the lower court, in the facts and circumstances of the case, I am of the considered opinion that the charges levelled against the appellant were not proved beyond reasonable doubt. 6. Of the material witnesses, who were examined at the trial of the appellant by the prosecution, PW 1 Smt. Laxmi is the star witness of the prosecution. She is the wife of the appellant. She is aged about 55 years. In her lengthy statement she has categorically stated that she had given birth to six children for the appellant: that the appellant used to hear the expenses of the education of all the six children and that he had engaged Kum. Ramkalan leceased in order to get her married. With such statement the. witness has further stated that the appellant doubted her character. In this behalf she stated that on the birth of Kum. Ramkalan, deceased, the appellant had started entertaining his doubt regarding Kum. Ramkalan being the daughter of his younger brother Hari Ram, PW 5. She has further stated that the other reason of the cruel treatment of the appellant towards her was that she was being suspected of having handed over the entire family ornaments to her brothers and that she often used to leave the house without his permission. Ramkalan being the daughter of his younger brother Hari Ram, PW 5. She has further stated that the other reason of the cruel treatment of the appellant towards her was that she was being suspected of having handed over the entire family ornaments to her brothers and that she often used to leave the house without his permission. She further stated that Ramkalan had stayed with her parents who got her is educated up to 10th standard, but thereafter she had brought her to the house of the appellant but the treatment of the appellant became bad towards her also. 7. PW. 2 Ramesh Yadav is the husband of the elder daughter of the appellant Smt. Ramgiri by name. He has stated that the appellant used to doubt the character of Smt. Laxmi Bai and for that he used to treat her and the deceased with cruelty. 8. PW 3 Arjun Singh is the brother of Smt. Laxmi Bai and is also the informant in the case. 9. PW 5 Hari Ram is the younger brother of the appellant, about whom the appellant suspected that he was having illicit relations with Smt. Laxmi. This witness has turned hostile. PW 6 Sri Ram, PW 10 Jaswant, PW 11 Khayali, PW 12 Laxman and PW 3 Kamlesh Kumar are the witnesses of the locality, but all of them turned hostile to the prosecution at the trial of the appellant. 10. PW 8 Mukesh, aged about 13 years, is the son of the appellant. He has stated that the appellant used to treat his mother of and on as he suspected that she was having illicit relation with Hari Ram and also that she had stolen the ornaments of the family. PW 9 Kum. Saroj is the daughter of the appellant. She has stated that the appellant was annoyed with Smt. Laxmi's bringing Kum. Ramkalan, deceased, to the house after getting her relieved of the education. She was getting at the house of her maternal parents. 11. It is not disputed in this case that Kum. Ramkalan deceased had died of hanging. This fact has been supported by all the witnesses and PW 4 Dr. Manmohan has also corroborated by stating that Kum. Ramkalan was having a ligature mark on her neck and that she had died of asphyxia, caused by hanging. 11. It is not disputed in this case that Kum. Ramkalan deceased had died of hanging. This fact has been supported by all the witnesses and PW 4 Dr. Manmohan has also corroborated by stating that Kum. Ramkalan was having a ligature mark on her neck and that she had died of asphyxia, caused by hanging. Therefore, the pertinent question for consideration is as to whether the appellant had abetted the commission of suicide by Kum. Ramkalan. 12. After having gone through the entire evidence on the record of the lower court, I find that PW 1 Smt. Laxmi was the main cause of the annoyance of the appellant. She has admitted that the appellant used to suspect her character and faithfulness and for that reason he used to beat her. She has further stated that she was being suspected of having given all the ornaments of the family to her brothers and thus to have helped them to get employment. It is also in evidence that the appellant had engaged Kum. Ramkalan and was going to marry her in village Dundi and for that purpose he needed the ornaments of the family to be given to the daughter as dowry. It is also in evidence that Smt. Laxmi used to fled away from the house too often and that further caused annoyance to the appellant. PW 8 Mukesh and PW 9 Saroj, the grown up children of the appellant, had admitted that the appellant used to treat all his children quite well and was getting them educated also. They have further stated that it was due to conduct and behaviour of Smt. Laxmi of leaving the house too often that had become the cause for all the trouble for the family. Both these children have also admitted that their parents used to pick up quarrel and that the appellant used to ask Smt. Laxmi not to go to the house of PW 5 Hari Singh. But Smt. Laxmi used to go there too often. It has also come in evidence that once when the appellant was inside the well Smt. Laxmi had pushed the electric button causing grievous hurt to the appellant, though such act of Smt. Laxmi was stated to be accidental only. 13. But Smt. Laxmi used to go there too often. It has also come in evidence that once when the appellant was inside the well Smt. Laxmi had pushed the electric button causing grievous hurt to the appellant, though such act of Smt. Laxmi was stated to be accidental only. 13. Taking into account the entire facts and circumstances of the case and the evidence on record, I am clearly of the opinion that the appellant can not be held responsible either for treating his wife with cruelty or for abetting the commission of suicide by Ku. Ramkalan, deceased. The prosecution evidence, produced at the trial of the appellant to prove charges under Section 498A and 306 IPC was not at all trustworthy and reliable. I, therefore, hold that the prosecution had failed to prove the charges under Section 498A and 306 IPC against the appellant beyond doubt. That being so, the appellant is entitled to the benefit of doubt. 14. In the result, the appeal is allowed and the impugned judgment and order dated 15.5.95 are set aside and the appellant Hari Singh S/o. Ramjilal R/o. Tijara, Alwar, is acquitted of the offences under Sections 306 and 498A IPC. The amount of fine, if realised form him, shall be returned to him. The appellant is in Jail. He shall be released forthwith, if not wanted in any other case.Appeal allowed. *******