JUDGMENT Lokeshwar Singh Panta, J.—In Sessions Case No. 5-N/vtl/95, the Additional Sessions Judge (2), Kangra at Dharmshala convicted the appellant accused for offence under Section 306 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 6 years with fine of Rs. 5000. In default of payment of fine the appellant-accused shall undergo further rigorous imprisonment of six months/The appellant-accused has challenged his conviction and sentence by way of this appeal. 2. Briefly stated the prosecution case was that Smt. Guro Devi was married to the appellant-accused about six years before she committed suicide on 3.4.1993. On 3.4.1993 at about 9/10 a.m. Sant Ram Head Constable No. 616, Incharge Uleharian Guard, sent a wireless message to Incharge Police Post Thakurdwara which was recorded by Constable Kuldip Chand (PW-11) in Daily Diary Report (Ext. PW-ll/A) to the effect that dead body of a woman was lying in a field in village Uleharian. On receipt of said information ASI Nathu Ram (PW-14) Incharge Police Post Thakurdwara along with other police officials proceeded to inspect the spot. On arrival of the Police Official PW-14 found constable Karam Singh looking after the dead body along with Satpal (PW-7) Pradhan of the Panchayat along with other persons of the locality. The appellant-accused was also present on the spot who identified the dead body of his wife Guro Devi. PW-14 prepared inquest report (Ext. PW-l/B) on the spot in the presence of PW Satpal Singh and one Nand Lal. Number of injuries on the body of the deceased were found. According to the statement recorded by PW-14 at the spot at the time of preparation of inquest report, it was found that deceased Smt. Guro Devi on number of times used to run away from her matrimonial home to her parental house and a case of suicide by taking some poison was prima facie, noticed. The dead body of Smt. Guro Devi was lifted in a cart from the spot and brought to roadside. In the meantime, Ram Dass (PW-2) father of the deceased also arrived at the spot who made a statement under Section 154 Cr.P.C. (Ext. PW-2/A) recorded by PW-14. PW-2 in his statement stated that the deceased was his eldest daughter who was married to appellant-accused about six years before her death and for about one year they lived happily but thereafter their relations became strained. PW-2/A) recorded by PW-14. PW-2 in his statement stated that the deceased was his eldest daughter who was married to appellant-accused about six years before her death and for about one year they lived happily but thereafter their relations became strained. During this period his daughter feeling aggrieved against the behaviour of her mother-in-law, her husband and her sister-in-law visited her parental house 3/4 times. According to PW-2s versions his daughter used to complain that her mother-in-law taunted her several times for not bringing sufficient dowry and no television or land was given to her by her parents and as a result thereof appellant-accused used to give beatings to her. He also stated that Mohinder brother of the appellant-accused and Mohinders wife used to remark that they would get the appellant-accused remarried. According to him, the matter was earlier twice reported to the Panchayat Uleharian, where both sides appeared and efforts were made for amicable settlement but the appellant-accused, his brother Mohinder Singh, wife of Mohinder Singh and mother-in-law of Guro Devi continued to harass his daughter for bringing insufficient dowry and it was as a result of mal-treatment and harassment of the deceased that she was forced to commit suicide. On the basis of the statement of PW-2, formal First Information Report (Ext. PW-10/A) was registered on 3.4.1993 at 6.15 p.m. at Police Station, Kangra by A.S.I. Ranbir Singh (PW-10) under Section 304-B IPC. The investigation of the case was initially conducted by PW-14 ASI Nathu Ram who got the place of the occurrence and dead body of the deceased photographed from photographer Ashok Kumar (PW-8). Some vomiting contents lying just near the mouth of the dead body were taken into possession for the purpose of analysis. He recorded the statements of some witnesses on the spot and sent the dead body to Civil Hospital, Nurpur for post mortem examination. On the following day i.e. 4.4.1993, on search of the house of the appellant-accused, PW-14 recovered one tin containing some poison lying on the shelf which was sealed in a parcel in the presence of PW-7 and one Nand Lal. The parcel containing contents of vomiting, tin containing poison, visora and clothes of the deceased were deposited with M.C. Kuldip (PW-11). In the meantime, PW-14 was selected for upper class course and he handed over the investigation to Mohinder Singh, S.H.O. Police Station, Indora (PW-18). The parcel containing contents of vomiting, tin containing poison, visora and clothes of the deceased were deposited with M.C. Kuldip (PW-11). In the meantime, PW-14 was selected for upper class course and he handed over the investigation to Mohinder Singh, S.H.O. Police Station, Indora (PW-18). PW-18 recorded the statements of Smt. Pushpa Rani (PW-5), Dev Raj, (PW-15) Pujari of the temple Vinod Kumar (PW-16) and one Sant Kumar. He prepared site plan (Ext. PW-18/A) and got the demarcation of the path from where the dead body of the deceased was allegedly taken by the appellant-accused. 3. On 7.4.1993 Shri Ram Lal, Additional Superintendent of Police (PW-17) also visited village Uleharian for the verification of the investigation of the case. He interrogated the appellant-accused who made disclosure statement (Ext. PW-9/A) in the presence of Joginder Singh (PW-9) and PW-16 inter alia, stating that he had kept concealed the Danda with which beatings were given by him to his wife. The appellant-accused led the Police party and got Danda recovered from the shelf of his room which was sealed and taken into possession vide recovery memo. (Ext. PW-9/B). Site plan (Ext. PW-17/A) of the place of the recovery of Danda was also prepared. 4. Dr. Vijay Kumar (PW-1) conducted post mortem examination on the dead body of Smt. Guro Devi aged 28 years on 4.4.1993 and prepared post mortem report (Ext. PW-l/D). According to the opinion of the Doctor, the death of Smt. Guro Devi had occurred due to 2-4, D Ethyle Ester poisoning which resulted in Cardio respiratory arrest. 5. On completion of the investigation, charge sheet was laid against the appellant-accused for having abetted the commission of suicide by his wife Smt. Guro Devi. The Additional Sessions Judge found prima facie, case against the appellant-accused and charged him for the commission of the offence punishable under Section 306 IPC. The appellant-accused pleaded not guilty to the charge and claimed to be tried. 6. The prosecution examined as many as 18 witnesses and also placed on record relevant documents to substantiate its case against the appellant-accused. The appellant-accused in his statement recorded under Section 313 Cr.P.C. has admitted his marriage with deceased Guro Devi solemnized on 14.11.1985. He has admitted convening of the Panchayat at village Fattuwal to settle their grievances. His plea was that his wife had been entertaining doubts about his illicit relation with his Bharjai (brothers wife). The appellant-accused in his statement recorded under Section 313 Cr.P.C. has admitted his marriage with deceased Guro Devi solemnized on 14.11.1985. He has admitted convening of the Panchayat at village Fattuwal to settle their grievances. His plea was that his wife had been entertaining doubts about his illicit relation with his Bharjai (brothers wife). He has admitted that one person from his village took responsibility of the deceased in the meeting of the Panchayat at the time of their amicable settlement of dispute inter se them and on the following day the deceased was sent to his house by the Panchayat Members. However, he has denied that on or about 1/2.4.1993 he had given merciless beatings to his wife as a result thereof, she sustained multiple injuries on her person. He contended that injuries on the body of the deceased were inflicted by his Bharjai. The recovery of tin containing small quantity of D-Ethyle Ester poison from his house by PW-14 on 4.4.1993 was admitted by him. He pleaded that he is innocent and the prosecution witnesses have made false statements against him. 7. On analysis of the entire evidence on record, the trial Court found the appellant-accused guilty of the charge levelled against him and accordingly convicted and sentenced him as aforesaid. Now the appellant-accused has challenged the correctness and validity of his conviction and sentence in this appeal. 8. Pt. Out Prakash, learned Counsel for the appellant-accused contended that none of the ingredients of Section 107 of the Indian Penal Code necessary for conviction of abetment, has been proved by the prosecution in this case and the learned trial Court convicted the appellant-accused on surmises and conjectures without appreciating the evidence on record more specifically, the evidence of PWs 2, 3, 4, 6 and 7 and has conveniently ignored the glaring aspect of the case from consideration to the effect that no demand of dowry was ever alleged being the reason for leaving the matrimonial house by the deceased but the only allegation was the alleged illicit relations of the appellant-accused with his elder brothers wife. He also contended that from the evidence on record, it is proved beyond reasonable doubt that the appellant-accused and the deceased led happy married life for about more than 7 years and during that period two children were born from their wedlock and it was the habit of the deceased to run away from her matrimonial home without any cause and every time the appellant-accused used to bring her back from her paternal house. The deceased was in the habit of entertaining wrong impression and belief that the appellant-accused was carrying illicit relation with his brothers wife and in order to wash out such impression from the mind of the deceased and to keep their married life happy and intact, the appellant accused had sold the share of his land which was adjacent to the house of his elder brother and thereafter, settled at a distant place after purchasing some land before the deceased committed suicide. He also contended that it has been duly proved on record that the deceased was a person of very short temper and used to act aggressively and in a fit of anger without realizing the consequences she was in the habit of running to her parental house even on small matters. He contended that the conduct of the appellant-accused was so fair and honest that on learning the death of his wife he immediately rushed to the spot where her dead body was found lying and thereafter he immediately sent a message to her parents about her death. Had he been guilty mind, he would have not taken any step to do so and therefore, the learned trial Court has failed to take into consideration the conduct of the appellant-accused and wrongly convicted him. The learned Counsel next contended that no reliance can be placed upon the testimony of PW-5 Smt. Pushpa Devi as she was stranger to the deceased prior to her alleged first meeting on 2.4.1993 and it was not expected from the deceased to have disclosed to this witness so intimately about her personal family affairs with her husband and therefore, no reliance could be placed upon the testimony of PW-5 to accept her evidence. The learned Counsel then contended that there was not an iota of evidence on record to prove that any quarrel had taken place between the appellant-accused and the deceased either on 1.4.1993 or 2.4.1993 which had driven the deceased to commit suicide and the trial Court has wrongly placed reliance upon the testimony of the interested witnesses whereas the reliable and trustworthy evidence of other: independent witnesses, namely Bahadur Singh Sarpanch (PW-6), Satpal Pradhan (PW-7) and Dev Raj Pujari (PW-15) has not been appreciated proving the innocence of the appellant-accused. The learned Counsel relied upon some decisions of the various High Courts which shall be referred to and dealt with at an appropriate stage in this judgment. 9. On the contrary, the learned Assistant Advocate General contended that the reasoning and finding recorded by the trial Court holding the accused guilty of the offence are based upon sound appreciation of evidence adduced in this and besides the evidence of PW-2 father, PW-3 Smt. Jasso Devi, mother, PW-4 Surjit brother of the deceased respectively, there is evidence of PW-5, an independent witness corroborated by other evidence which has proved the guilt of appellant-accused beyond reasonable doubt. In nutshell, the learned Assistant Advocate General supported the judgment and order of the trial Court holding the accused guilty of the offence levelled against him. I have re-examined and re-appraised the entire evidence in detail. 10. The first thing necessary for proving the offence is the fact of suicide. Abetment is a separate and distinct offence provided the thing abetted is an offence. It is not in dispute that Smt. Guro Devi had not committed suicide by consuming poison on the fateful day and died. In order to sustain conviction under Section 306 IPC it must, therefore, be proved by the prosecution that there was abetment of suicide. The prosecution has mainly relied upon the testimony of PW-1 Dr. Vijay Kumar who conducted the post mortem examination on the body of the deceased. Dr. Vijay Kumar deposed that on 4.4.1993 he conducted the post mortem examination on the body of Smt. Guro Devi on the request of the police. Dr. Vijay Kumar found the following injuries on her body 1. There was a single contusion of size 8 cm. x 6 cm. on right buttock, bluish in colour, clearly indicative of stick injury. 2. Similar contusion of size 10 cm. x 6 cms. Dr. Vijay Kumar found the following injuries on her body 1. There was a single contusion of size 8 cm. x 6 cm. on right buttock, bluish in colour, clearly indicative of stick injury. 2. Similar contusion of size 10 cm. x 6 cms. on right thigh, on its lateral surface lower l/3rd. 3. There was similar contusion of the size 10 cm. x 6 cm. on the posterior medial surface of right thigh. 4. There was an abrasion on right and left knees. It was a post mortem injury. 5. There was a contusion like that of injury Nos. 1, 2 and 3 of sizes ranging between 12 cm. x 6, cms. to 8 cm. x 6 cms. on the left thigh on its anterior posterior and laterial surfaces. 6. There was a single contusion on left buttock and left renal angle area of sizes 9 cms. x 6 cms. each. 7. There were multiple contusions of different shapes and sizes on the left shoulder anterior surface. 8. There was a contusion of size 7x6 cms. on the right fore-arm on its anterior surface. 9 There was single abrasion of size 1 cm. x 2 cm. on the sub mental region angular in nature just skin deep. 11. Doctor also noticed the uterous of the deceased containing one female foetus of age 5 to 5-1/2 months i.e. 20 to 22 weeks of gestitation, which was dead. According to the opinion of the doctor, all the injuries except injury No. 4 were ante-mortem which could be caused with the stick or danda blows. On examination of the Chemical Examiners report (Ext. PW-l/C) the cause of death of the deceased was due to consumption of 2-4, D Ethle Ester poison which resulted in Cardio respiratory arrest. 12. PW-2 is the father of Smt. Guro Devi who lodged the First Information Report (Ext. PW-10/A). He deposed that his daughter Guro Devi was married to the appellant-accused about five years before her death and whenever his daughter visited her parental house, she always made complaints that the appellant-accused used to give her beatings for bringing insufficient dowry and he was demanding more dowry i.e. television and golden "Kangan". Whenever the appellant-accused came to his house to take back Guro Devi, he always advised the former to maintain proper relation with his wife but his daughter repeated the same complaint. Whenever the appellant-accused came to his house to take back Guro Devi, he always advised the former to maintain proper relation with his wife but his daughter repeated the same complaint. The matter was taken to the Panchayat at FattuwaL The appellant-accused and his wife appeared in the meeting of the Panchayat where his daughter again made the complaint about the beatings having been given to her by the appellant-accused for want of less dowry and then again second Panchayat was also held. He also stated that he came to know on 3.4.1993 about the death of his daughter and when he reached the village of the appellant-accused, he found dead body of his daughter lying on a Rehari (cart) at the road side of about 20-25 ft. away from the house of the appellant-accused with number of injuries on her dead body. He reported the matter to the police. In his cross-examination he admitted that the marriage of his daughter was settled by his relative, namely, Bishan Dass with the appellant-accused and it was Bishan Dass who came to inform him about the death of his daughter. He denied the suggestion of the appellant-accused that his daughter was hot tempered and used to get furious on small matters. 13. PW-3 mother of the deceased stated that after the marriage of the deceased with the appellant-accused and before her death, her daughter came to her parental house 3-4 times and complained against the appellant-accused about his mal-treatment, harassment and receiving beatings from him at the instance of his family members. She admitted that prior to the death, her daughter had come to her parental house after running from her in-laws house and the appellant-accused also came to their house accompanied by PW-7 Satpal. A meeting of the Panchayat was held and the deceased was persuaded to go back to her in-laws house in the company of Chowkidar of the Panchayat who was deputed by PW Satpal. Similar was the deposition made by PW-4 brother of the deceased. This witness also admitted that a Panchayat meeting was held that was attended by PW-6 Sarpanch of Fattuwal Panchayat and PW-7, Pradhan of the Panchayat of the appellant-accused and in that meeting it was then decided that Smt. Guro Devi should go back to her in-laws house. 14. Similar was the deposition made by PW-4 brother of the deceased. This witness also admitted that a Panchayat meeting was held that was attended by PW-6 Sarpanch of Fattuwal Panchayat and PW-7, Pradhan of the Panchayat of the appellant-accused and in that meeting it was then decided that Smt. Guro Devi should go back to her in-laws house. 14. In her deposition PW-5 Smt. Pushpa Devi a resident of village Pabdori Bhagtan an independent witness deposed that about two years prior to her statement recorded in the Court, she was going to village Kullian at about 8.30 a.m. when she saw deceased Guro Devi sitting on a parapet of Pulli. Guro Devi asked her as to where she was going and on her reply, Guro Devi told her that she was also going to village Mansar. Both of them started their journey to village Kullian. She noticed many injuries on the person of Guro Devi who was limping. Guro Devi also told that she was the mother of two children and after returning from village Mansar she would go back in the evening. On her asking about injuries sustained by Guro Devi, the latter replied that she had received them at the hands of her husband during night hours of previous day. This witness also stated that Guro Devi was waiting for the arrival of her husband or any other family members to pacify her and to take her back to her maternal home, but no body had come to do so. Guro Devi thereafter crossed the Pulli and went towards other direction. It was on the third day when she came to know about the death of Guro Devi. In her cross-examination she stated that her statement was recorded by the Police Inspector after 5, 6 or 7 days from the day when she met the deceased. She specifically denied the suggestion of the appellant-accused that the deceased never told her that she was given physical beatings by her husband. She also denied the suggestion that she was deposing falsely at the instance of Sardar Sahib, Station House Officer. In her cross-examination she disclosed that deceased Guro Devi told her that the appellant-accused was having illicit relation with his Bharjai. She also denied the suggestion that she was deposing falsely at the instance of Sardar Sahib, Station House Officer. In her cross-examination she disclosed that deceased Guro Devi told her that the appellant-accused was having illicit relation with his Bharjai. A suggestion was also put to this witness that deceased told her that when she (deceased) asked her Bharjai not to indulge in illicit relation with her husband, it was her Bharjai who gave beatings to her with Danda in the presence of the appellant-accused which she has categorically denied. She also denied the suggestion that when the appellant-accused came back in the night, the deceased asked him to take revenge from her Bharjai and the appellant-accused refused to give beatings to his Bharjai by saying that the deceased was making false allegations against his Bharjai. 15. PW-6 Sarpanch of Fattuwal Panchayat deposed that after about four years of marriage of deceased with the appellant-accused, some members of Kullian Panchayat came to their village when the deceased was staying in her parental house. There was 10 to 15 persons from his village and 5 to 6 persons of the village of appellant-accused including PW Satpal, Pradhan who participated in the Panchayat meeting. In the panchayat meeting, PW-2, his daughter Guro Devi and the appellant-accused were also present. It is his evidence that in the said Panchayat, Guro Devi alleged that her husband was having illicit relations with his Bharjai and he was in the habit of giving beating to her. There were allegations about bringing insufficient dowry by Guro Devi and demand of a ear ring by the appellant-accused, and the Panchayat members tried to patch-up the matter between the parties. In the Panchayat meeting PW-7 Pradhan and one Sikh gentleman belonging to the tillage of the appellant-accused had taken the responsibility of the deceased to settle their dispute amicably and thereafter on the next day the deceased was sent with the appellant-accused to his village He stated that about two or three months prior to the death of the deceased, PW-7 Pradhan sent a message to him regarding some dispute again cropped up between the deceased and the appellant-accused and asked him to settle the same. He called PW-2 father of the deceased and asked him to take 2-3 respectable persons of his village to the village of the appellant-accused and get the dispute settled. He called PW-2 father of the deceased and asked him to take 2-3 respectable persons of his village to the village of the appellant-accused and get the dispute settled. PW-2 on his return told him that they had settled the differences between the appellant-accused and the deceased. He also noticed many injuries on the dead body of the deceased when he went to the village of the appellant-accused alongwith other villagers on receipt of the information about the death of the deceased and the eatke body was stiff. He also visited the house of the appellant-accused and enquired from small children of the deceased about the incident. They told to him that the deceased was given beatings by the appellant-accused. He stated that the police officials present on the spot alongwith other persons were apprised by him about the incident but they had not taken any care to heed his request. In his cross-examination he again reasserted that he disclosed to the police that the appellant-accused had been giving beatings to the deceased for bringing insufficient dowry. He denied the suggestion of the appellant-accused that the children of the deceased had not disclosed to him about the beatings having been given to the deceased by the appellant-accused on the previous night of her death. He has also admitted in his cross-examination that after 3-4 days of the death of the deceased, her both children a boy aged about 4-1/2 years and a girl aged about 2-1/4 years had gone to the house of their maternal grand parents. 16. The next material witness examined by the prosecution is PW-7 Satpal, Pradhan of the Panchayat of the appellant-accused. He also testified the convening of the Panchayat meeting twice or thrice to settle the matter between the appellant-accused and Guro Devi. According to the version of this witness Guro Devi alleged in the Panchayat meeting that her husband was having illicit relations with his Bharjai. The Panchayat members got the dispute settled between them and persuaded Guro Devi to go back to the house of her husband. Again after about 2-3 months, some dispute arose between them when Guro Devi had gone to commit suicide on Railway Line where she was saved by the Gate Keeper. He took her to his house on that occasion and deputed a Chowkidar of his Panchayat to inform the parents of Guro Devi about the said incident. Again after about 2-3 months, some dispute arose between them when Guro Devi had gone to commit suicide on Railway Line where she was saved by the Gate Keeper. He took her to his house on that occasion and deputed a Chowkidar of his Panchayat to inform the parents of Guro Devi about the said incident. On 1.4.1993, Mohinder Singh, elder brother of the appellant-accused came and informed him about missing of Guro Devi from her maternal home. He advised the appellant-accused and his brother to make search for her and also to inform her parents. On 2.4.1993 at about 8 or 9 a.m. Mohinder Singh brother of the appellant-accused informed him that the dead body of Guro Devi was lying near the bazar of Baba Pir and on receiving this information he reported the matter to the police. He was associated in the investigation of the case by the police. In his presence the police took one tin of poison 2-4 D Ethyle Ester 500 ml from the house of appellant-accused vide recovery memo (Ext. PW-7/D) signed by him as a marginal witness. This witness has resiled from his earlier statement recorded by the police during the investigation of the case and was cross-examined by learned Public Prosecutor. In his cross-examination he admitted that in the Panchayat meeting the deceased had made allegations against her husband about his illicit relations with his Bharjai. In his cross-examination on behalf of the appellant-accused, he admitted that deceased Guro Devi was a short tempered lady and used to pick up quarrels on petty matters. She generally used to say before the Panchayat that she would commit suicide as her husband was not agreeable to her suggestions. He has also admitted that the deceased sometimes used to run away under the fit of anger. The Danda which was lying in the court-yard of the appellant-accused had been taken into possession by the police in his presence. He specifically denied the suggestion that the appellant-accused told to the police during the investigation that his Bharjai had given beatings to the deceased with Danda which was lying and recovered from the court-yard of the appellant-accused. 17. PWs 9 and 16 are the witnesses in whose presence the appellant-accused made a disclosure statement (Ext. PW-9/A) that he had concealed the Danda in one room which was used by him for giving beatings to his wife. 17. PWs 9 and 16 are the witnesses in whose presence the appellant-accused made a disclosure statement (Ext. PW-9/A) that he had concealed the Danda in one room which was used by him for giving beatings to his wife. Both these witnesses however, resiled from their earlier statements recorded by the Investigating Officer during the investigation. In his cross-examination conducted by learned Public Prosecutor, PW-9 has admitted that the statement (Ext. PW-9/A) made by the appellant-accused was read over to him and thereafter, he signed it. He has also admitted his signatures on seizure memo of the Danda (Ext. PW-9/B). PW-16 has also admitted his signatures on Exts. PW-9/A and PW-9/B. In his cross-examination by the appellant-accused, PW-9 has admitted that Guro Devi alleged that the appellant-accused was having illicit relations with his Bharjai and the matter was reported to the Panchayat. PW-16 has also admitted this fact in his cross-examination. Much reliance has been placed by the learned Counsel for the appellant-accused on the evidence of these two witnesses to contend that since the deceased was very short tempered woman and used to get enraged on small matters which would go to prove that she committed suicide voluntarily and that both these witnesses have denied the disclosure statement allegedly made by the appellant-accused and pursuant thereto Danda was recovered. The evidence of these witnesses cannot be discarded and rejected as a whole as they have admitted their signatures on Exhibits PW-9/A and PW-9/B. The learned Counsel has challenged the testimony of PW-5 Pushpa Devi being not trustworthy and reliable as she had never disclosed her alleged meeting with deceased on the day of the occurrence nor about their talk with each other especially about family affairs to any person prior to the day, her statement was recorded by the Police after many days. No doubt, it has come in the cross-examination of PW-16 that Pushpa Devi was present in the gathering where the dead body of the deceased was lying and her statement was not recorded by the Police on that day itself or on the next day. PW-5 is an independent witness and she has no grind to axe with the appellant-accused. Her testimony has remained unchallenged and unshattered by the appellant-accused and she is a truthful witness and her evidence is acceptable. PW-5 is an independent witness and she has no grind to axe with the appellant-accused. Her testimony has remained unchallenged and unshattered by the appellant-accused and she is a truthful witness and her evidence is acceptable. The appellant-accused has not brought on record that this witness was inimical to him or she was interested in any way to involve him in this crime falsely. Her evidence is reliable, cogent and consistent and has been rightly relied upon by the trial Court. The contention of the learned Counsel to discard the evidence of PW-5 cannot be accepted. The disclosure statement Ext. PW-9/A and Memo of recovery of Danda Ext. PW-9/B prepared by PW-17, Additional Superintendent of Police have been verified by him in his deposition before the court duly signed by the marginal witnesses PWs 9 and 16. PW-18 Station House Officer stated that he recorded the statements of PWs Pushpa Devi, Dev Raj and Vinod Kumar correctly and nothing was omitted or added by him in their statements. It has come in the evidence of PW-14, the Investigating Officer that the appellant-accused was not at the place where the dead body of the deceased was laid and he called the later from his house. PW-15 Dev Raj was Pujari of Shivaji temple, Bhagtan in the year 1993 and stated that about one year prior to 28.4.1995 when his evidence was recorded by the Court below, one lady came to the temple at about 7 a.m. who requested him to provide food as she was feeling hungry. Since the food was not ready, he offered tea to her and after taking tea she had left the place. He was declared hostile and cross-examined by learned Public Prosecutor. I^e admitted that the lady who came to him was limping and he noticed some injuries on her person. He admitted that the lady had died thereafter and in this case the police had recorded his statement. 18. On careful analysis of the entire evidence brought on record as discussed above, the evidence brings out with telling effect the distressed life that Guro Devi was leading after her marriage with the appellant-accused. He admitted that the lady had died thereafter and in this case the police had recorded his statement. 18. On careful analysis of the entire evidence brought on record as discussed above, the evidence brings out with telling effect the distressed life that Guro Devi was leading after her marriage with the appellant-accused. PWs 2, 3 and 4, father, mother and brother respectively of the deceased, have unequivocally deposed that the appellant-accused had been mal-treating, taunting and torturing his wife and it was due to unbearable behaviour of the appellant-accused that she used to run away from his house and gone to her parental house. It was also proved that two times the Panchayat was convened by PWs 6 and 7 and both these witnesses were holder of Public office as Surpanch and Pradhan at the relevant time and also corroborated the testimony of the parents and the brother of the deceased that the deceased during the meetings of the Panchayat alleged that the appellant-accused was giving beatings to her and in the Panchayat both these witnesses had tried to settle their dispute amicably. It has also been proved by the prosecution that the appellant-accused was having illicit relation with his Bharjai and when the deceased requested him not to indulge in such immoral and illegal activities, he used to give beatings to her and made her life miserable. 19. As discussed above, PW-5 Smt. Pushpa Devi an independent witness has narrated the entire talk which took place between her in the early morning of the day when the deceased had committed suicide. The entire evidence of the material witnesses have gone unchallenged and unshattered. Some injuries were noticed by PWs 5 and 15 on the person of Guro Devi when she met these witnesses after she left her matrimonial house in the early morning of 2.4.1994. Nine injuries were found on the body of the deceased by Dr. Vijay Kumar which could be caused by stick or Danda blows. The defence of the appellant-accused in his statement recorded under Section 313 Cr.P.C. was that Danda blows were given to the deceased by his Bharjai appears to be false as the appellant-accused has not explained as to why and when his wife was beaten by his Bharjai and what was the cause of giving such beatings to her. 20. The defence of the appellant-accused in his statement recorded under Section 313 Cr.P.C. was that Danda blows were given to the deceased by his Bharjai appears to be false as the appellant-accused has not explained as to why and when his wife was beaten by his Bharjai and what was the cause of giving such beatings to her. 20. To determine the crucial question I may now look to the relevant provisions of the law. Section 306 IPC under which the appellant-accused was charged reads as under : "306 IPC. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." 21. Section 107 IPC sets out as to what constitutes abetment. The Section reads as follows : "107. A person abets the doing of a thing who— First.—Instigates any person to do that thing; or Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation I.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration (omitted). Explanation II.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act." 22. The words "internationally aids" in thirdly clause is wide enough to conclude that treating a married woman with cruelty would certainly fall within its ambit. If the evidence indicated that the accused over a long period of time had done everything that would trigger off the suicide, he would be guilty of having instigated the suicide. In such circumstances, Explanation-II could be applied to the facts of the case. If the evidence indicated that the accused over a long period of time had done everything that would trigger off the suicide, he would be guilty of having instigated the suicide. In such circumstances, Explanation-II could be applied to the facts of the case. Thus, when the circumstances attending this case are read along with the aforesaid Explanation No. II given under Section 107 IPC, it is clear that the appellant-accused prior to the commission of the suicide by Guro Devi had constantly committed certain act and that has facilitated the commission of suicide and thus he had aided in committing of that said act by Guro Devi. The conduct of the appellant-accused indicates that he compelled Guro Devi to commit suicide. It has come in the evidence of PW-7 referred to above that on one occasion prior to 2.4.1993 on the day of the occurrence, Guro Devi had tried to commit suicide on a Railway Track when she was saved by a Chowkidar of the Railway Line. The demand of the television or land by the appellant-accused from the deceased and his conduct of having illicit relations with his Bharjai coupled with giving beatings to his wife on many occasions his admission in his statement that Guro Devi had been entertaining doubt about his illicit relations with his Bharjai and convening of the Panchayat meetings for settling their dispute amicably were sufficient attendant circumstances to drag Guro Devi to commit suicide. 23. In Brij Lal v. Prem Chand and another, AIR 1989 Supreme Court 1661, the case of the prosecution was that the life of deceased Veena Rani was made intolerable by the accused, Advocate by constantly demanding of her to get him money and also beating her frequently. In spite of deceased writing to her brother and mother for a sum of Rs. 1,000 being sent immediately, the accused did not relevant in his insistence for immediate compliance of his demand. The accused wanted immediate payment of the sum of Rs. 1,000. The accused went to the extent of saying that deceased could go to hell but he should get his sum of Rs. 1,000 forthwith. Deceased on the fateful day reacted by saying that because of the accused quarrelling with her every day over the payment of money, she preferred death to life in this world. 1,000. The accused went to the extent of saying that deceased could go to hell but he should get his sum of Rs. 1,000 forthwith. Deceased on the fateful day reacted by saying that because of the accused quarrelling with her every day over the payment of money, she preferred death to life in this world. The accused, far from expressing regret for his conduct drove her to despair by further saying that she could provide him relief quicker by dying on the very same day and that she need not postpone her death to the next day. After leaving deceased in the house, the accused went to the court and one hour after that shrieks were heard coming from the house occupied by the accused and deceased. The local persons rushed to the house and saw deceased lying on the ground with extensive burn injuries on her body. In hospital the doctor found her to have sustained severe burns and to be in a state of shock. At the autopsy, it was noticed that she had sustained 19 burn injuries. Her death was certified to be due to shock resulting from the burn injuries. In these circumstances, the overwhelming evidence was found by the trial Court against the accused instigating his wife to commit suicide and, therefore, he was found guilty under Section 306 IPC. His conviction was set aside by the learned Single Judge of Punjab and Haryana High Court and on a appeal filed by Brij Lal father of the deceased, the conviction of the accused recorded by learned trial Court was restored by the apex Court. In Gurbachan Singh v. Satpal Singh and others, AIR 1990 Supreme Court 209, the evidence of father and sisters of deceased that deceased complained about harassment and torture by her in-laws for bringing insufficient dowry stated by the father in the FIR itself that deceased committed suicide because of harassment and constant taunts and torture by her in-laws could not be doubted without any cogent and convincing reason for holding the accused guilty of the offence under Section 306 IPC. In Ptnvan Kumar and others v. State of Haryana, AIR 1998 Supreme Court 958, their Lordships have held that repeated demands of various articles in form of dowry from husband side from the girl and her parents and on failure, the girl was tortured, harassed by words and deeds, amounting to cruelty. Further, that one day before the fateful day, the husband saturated the mental agony and cruelty by quarrelling with the wife (deceased) even at her sisters place, leaving no option which led the deceased to commit suicide would constitute to be an act which would be an abetment for the commission of the suicide by the girl. In the present case, the appellant-accused has not led any cogent evidence or brought any circumstance to disodge or discredit the reliable, believable and unblemish evidence of the material witnesses as discussed above. Of course, benefit of doubt to the appellant-accused would be available provided there is supportive evidence on the record. Hence, for creating doubt or granting benefit of doubt, the evidence was to be such which may lead to such doubt. I do not find that present is a case where any benefit of doubt results at least against the appellant-accused. There is overwhelming evidence of the aforesaid material witnesses that the appellant-accused subjected Guro Devi cruelty, mal-treatment and torture. The judgment in Prem Dass and another v. State of H.P., 1996 Cri.L.]. 951, of the learned Single Judge relied upon by the learned Counsel for the appellant-accused is of no assistance and help to him in the facts and circumstances of the present case. In that case the allegation of illicit relation between two accused persons and mal-treatment of the deceased by the accused were not supported by the evidence and, therefore, the accused was acquitted. In Manish Kumar Sharma v. State of Rajasthan, 1995 Cri.LJ. 3066 Rajasthan (Jaipur Bench), the accused had lent certain amount to the victim lady and he was persistently demanding from her amount paid and the victim was not in a position to repay the amount. In Manish Kumar Sharma v. State of Rajasthan, 1995 Cri.LJ. 3066 Rajasthan (Jaipur Bench), the accused had lent certain amount to the victim lady and he was persistently demanding from her amount paid and the victim was not in a position to repay the amount. In the peculiar facts of that case, the learned Judge held that demanding of money given on loan was not an offence under any provision of criminal law and there was also no evidence to suggest or indicate that the accused knew or had reason to believe that victim had purchased poisonous tablets and would commit suicide, in Gurmukh Singh and another v. State of Himachal Pradesh, 1997 (1) Sim.L.C. 61, the learned Single Judge has noticed that the deceased in suicide note has made no grievance either as to demands of dowry by the appellants or to the fact that she was not being treated well and was being harassed by the appellants and she has in fact exonerated the appellants from the commission of the offence under Section 304-B read with Section 34 of the Indian Penal Code in her note left by her. In Tapan Pal and others v. The State of West Bengal, 1992 Cri.L.J. 1017, the Division Bench of Calcutta High Court found that unhappiness and dissatisfaction of deceased was due to economic disparity between her husbands family and her parents family and not because of alleged torture therefore, the accused were acquitted for the offence under Sections 306 and 498-A of the Indian Penal Code. In Vedprakash Bhaiji v. State of Madhya Pradesh, 1995 Cri.L.J. 893, the learned Judge of the Madhya Pradesh High Court has held that where the prosecution case prima facie revealed that the accused persons intimidated and goaded the deceased that if he does not repay the loan advanced to him, he will have to face with dire consequences and immediately thereafter he committed suicide and in those circumstances, it could not be said that the accused persons provoked, incited, urged or encouraged the deceased to commit suicide. In Mohd. Haroon v. State of Rajasthan, 1999 Cri.L.J. 2532, the learned Single Judge has held that suicide by wife on the allegations about character of her husband and also unlawful demands of Rs. In Mohd. Haroon v. State of Rajasthan, 1999 Cri.L.J. 2532, the learned Single Judge has held that suicide by wife on the allegations about character of her husband and also unlawful demands of Rs. 20,000 from her parents and brother of the deceased who refused that the deceased had any suspicion over character of her husband, would not be sufficient to convict the husband for the offence under Section 306 IPC, but he was convicted only for the offence of cruelty. In State of Himachal Pradesh v. Dharmni Devi and others, 1998 (2) Shim.L.C. 452, the prosecution allegations of mal-treatment, harassment and demand of dowry against in-laws of deceased were not proved by the prosecution and it was proved by the accused after consumption of poison by the deceased that they had acted fairly to take her to hospital and inform her parents immediately and in such circumstances, the prosecution story was found doubtful by the trial Court as well as by this Court in an appeal against acquittal. All these judgments relied upon by the learned Counsel for the appellant-accused do not advance the matter any further since each case shall have to be dealt in the light of their own factual sphere and judicial precedents do not render any assistance whatsoever by reason of the peculiar factual matrix. In the facts of the matter under consideration, the circumstances pointedly point out the appellant-accused as guilty person, as abettor and I find no cogent reason to interfere with the order of conviction passed by the learned Additional Sessions Judge based upon proper and sound appreciation of the evidence. All the contentions raised by the learned Counsel for the appellant-accused and noticed hereinabove cannot be accepted for the reasons stated above. 24. For the above said reasons, this appeal fails and, it is accordingly dismissed. The appellant is on bail. His bail bonds are cancelled. He shall surrender before the learned Additional Sessions Judge (II) Kangra at Dharamshala forthwith and serve out the sentence imposed upon him by the learned trial Court. Appeal dismissed. -