Judgment : Rajiv Sharma, Judge This appeal is instituted against judgment rendered by learned Addl. Sessions Judge Mandi camp at Karsog in Sessions Trial No. 41/2003 on 8.10.2007 whereby respondentaccused (herein after referred to as 'accused' for brevity sake) who was charged and tried for offences under Section 498-A and 306 of the Indian Penal Code, has been acquitted. 2. Case of the prosecution in a nutshell is that on 9.10.2002, Dimple (deceased) visited the house of her parents at village Majhas and she returned to her in-laws’ house on the same day in the evening. She told her parents that the accused used to beat her after consuming liquor. On 10.10.2002, Sohan Lal, brother-in-law of Dimple informed Narkali and Narotam, parents of the deceased that deceased Dimple died during the previous night as she has suffered stomach ache. Thereafter, Narotam alongwith the villagers went to the house of the deceased where they saw that Dimple was lying dead in the house. On 11.10.2002, SI Nain Singh of Police Station Karsog went to village Majhas and recorded statement of Narkali under section 154 of the Criminal Procedure Code. On the basis of statement of Narkali, FIR under sections 498-A and 306 of the Indian Penal Code was registered against accused. Body was sent for post mortem examination. Viscera was preserved. After receiving report from chemical examiner, medical officer gave final opinion that deceased died due to poisoning as she had consumed insecticide organophosphorus. Investigation was completed and challan was put up after completing all the codal formalities. 3. Prosecution examined as many as 16 witnesses to prove its case. Accused was also examined under section 313 of the Criminal Procedure Code. He denied the case of the prosecution. Learned trial Court acquitted the accused on 8.10.2007 hence, this appeal. 4. Mr. Ashok Chaudhary, Addl. AG has vehemently argued that the prosecution has proved its case. 5. Mr. G.R. Palsra, Advocate has supported the judgment passed by learned trial Court. 6. We have heard the learned counsel for the parties and also gone through the record carefully. 7. PW-1 Naar Kali has deposed that Dimple was her eldest daughter, who was married to Mohan Lal accused. Their marriage was solemnized about 9 years back as per customs. Accused and deceased were having cordial relations initially. 6. We have heard the learned counsel for the parties and also gone through the record carefully. 7. PW-1 Naar Kali has deposed that Dimple was her eldest daughter, who was married to Mohan Lal accused. Their marriage was solemnized about 9 years back as per customs. Accused and deceased were having cordial relations initially. Dimple used to visit her parental house and told her parents that accused under the influence of liquor used to give her beatings. Accused was jobless and remained at home. She came to her house and told that she was in a hurry to go back since her husband would beat her. She returned on the same day to her house. On next day, brother in law of the deceased came to her house and disclosed that on account of stomach ache, Dimple has died. However, she suspected the accused since accused used to beat Dimple under the influence of liquor. She alongwith her husband went to the house of accused. Dimple was lying dead in her house. Her statement was recorded vide Ex. PW-1/A. In her cross-examination she admitted that she did not lodge any report, with any authority i.e. Panchayat, police or Court about the complaint made by her daughter, Dimple. She suspected that accused has beaten Dimple and for this reason, she has consumed poison. She did not make any statement to the police that Dimple had been making complaints to her for about one year prior to her death. 8. PW-2, Chint Ram deposed that Dimple was his niece. She used to tell them that her husband had been quarrelling with her. He came to know that Dimple was given beatings by the accused. A compromise was arranged with the accused. He gave undertaking that he would not repeat such incident in future. They came to know about three months after compromise that Dimple has died. 9. PW-3 Bachitro Devi deposed that Mohan Lal was her son. Dimple was her daughter-in-law. On the day of occurrence, Dimple came from her parents’ house. She reached house of Mohan Lal at 8.00 p.m.. Thereafter Dimple cooked food. In the meantime, one Deem Chand @ DC came to the house of Mohan Lal. When Dimple went to throw water out of house, he followed her. Thereafter DC went to his house. Thereafter, Mohan Lal and Dimple slept in the house. She reached house of Mohan Lal at 8.00 p.m.. Thereafter Dimple cooked food. In the meantime, one Deem Chand @ DC came to the house of Mohan Lal. When Dimple went to throw water out of house, he followed her. Thereafter DC went to his house. Thereafter, Mohan Lal and Dimple slept in the house. In the morning, she sent Champa to wake up Dimple and she came back and told that Dimple was not getting up. They went to the house of Mohan Lal and found that Dimple was lying dead in the bed. This witness was declared hostile and was cross-examined by the learned public prosecutor. In her cross-examination, she has deposed that Mohan Lal and Dimple were living cordially and peacefully in the house. DC used to come to the house of Mohan Lal regularly and also in the absence of Mohan Lal. She admitted that Champa also told them that Dimple was embraced by DC outside the house in the darkness. She also admitted that Mohan lal had advised Dimple to stop her relations with DC. She also admitted that when the family came to know about the relationship of Dimple with DC, Dimple felt ashamed and she went towards the cowshed. 10. PW-4 Champa Devi deposed that accused was her real uncle. On the day of occurrence, she had come to the house of her grandmother in village Kuan. Dimple returned from her parents’ house in the evening. Mohan Singh was also in the house on that day. One Budhi Singh and DC were sitting in the house of Mohan Singh. Dimple went out of the house to clean the utensils. DC asked Dimple to come to his house to work in the field next day but Dimple refused as she was not having time to come to his house. DC also went out of the house and he embraced Dimple and put her on the ground. She saw them. Mohan Singh also came out of house and said that he has caught them red-handed. Thereafter, quarrel took place between Mohan Singh and Dimple. In the meantime, grandmother also came there. Thereafter, Dimple tried to run away but Mohan Singh took her inside the room and closed the door and bolted it from outside. She went towards cowshed. She was carrying a Puria in her hands. Thereafter, quarrel took place between Mohan Singh and Dimple. In the meantime, grandmother also came there. Thereafter, Dimple tried to run away but Mohan Singh took her inside the room and closed the door and bolted it from outside. She went towards cowshed. She was carrying a Puria in her hands. She asked this witness to bring some water as she was thirsty. She took water and took the substance and swallowed it with water. Empty glass was handed over to Champa. Thereafter she went and slept. In her crossexamination she has deposed that DC had embraced Aunt Dimple with bad intention. She was put on ground. She also admitted that they were also seen in such position by Mohan Singh. Dimple started quarreling with Mohan Singh and asked him to leave the house. She also admitted that Dimple felt ashamed and she tried to run away from the house. 11. PW-5 is a formal witness. 12. PW-6 Narotam is father of the deceased. According to him, marriage between deceased and accused was solemnized 12 years back as per Ilaka customs. Dimple started complaining about the behaviour of the accused during her visits to their house. Dimple used to tell that accused gives her beatings under the influence of liquor. They went to the house of the accused. He used to provide money to the deceased and also food grain. He admitted in cross examination that he has not made statement to the police that he used to provide money and food grains to his daughter. 13. PW-7, Budhi Singh deposed that he and Deem Chand (DC) were present in the house of Mohan Singh. They took dinner and thereafter Dimple went outside the house to clean utensils. In the meantime, DC also went outside the house and he embraced Dimple in the meantime. Champa as well as Mohan Singh also went outside the house and saw Dimple and Deem Chand. Thereafter a quarrel took place. In his cross examination he admitted that Deem Chand was frequent visitor to the house of Dimple. He also advised Dimple to stop her relations with DC. 14. PW-8 Hem Prabha is sister of the deceased. According to her , deceased was maltreated by the accused. Accused used to ask her to bring money from her parents’ house. She visited the house of accused four years back. He also advised Dimple to stop her relations with DC. 14. PW-8 Hem Prabha is sister of the deceased. According to her , deceased was maltreated by the accused. Accused used to ask her to bring money from her parents’ house. She visited the house of accused four years back. Accused in her presence gave beatings to Dimple. 15. PW-9, PW-10 and PW-11 are formal witnesses. 16. PW-12 Mangat Ram deposed that FIR ext. PW-12/A was registered by H.C. Parshotam Ram. He prepared charge sheet and filed the same in the Court. 17. PW-13 Goverdhan Dass deposed that he gave information to the police on telephone about the death of Dimple. 18. PW-14 Dr. Parkash Verma issued PMR Ext. PW- 14/B. According to him, Dimple died due to poisoning. 19. PW-15 Dr. Meenakshi Mahajan has proved report Ex. PW-12/B. 20. PW-16 Virender Singh is a formal witness. 21. PW-1 has categorically admitted in her cross-examination that no report was ever lodged by her with any authority i.e. police, Court or Panchayat about the complaint made by her daughter. She has merely suspected that since accused used to give beatings to Dimple, it had driven her to consume poison. 22. PW-2 has deposed that accused agreed not to give beatings to Dimple and compromise to this effect was prepared. However, in his statement made under section 161 of the Criminal Procedure Code, he has not stated so. 23. PW-3, Bachitro Devi deposed that when Dimple went outside the house to throw water, DC also followed her and thereafter DC went away to his house. During night, Mohan Lal and Dimple slept in the house. In her cross-examination she has admitted the suggestion that Champa told them that Dimple was embraced by DC outside the house. 24. PW-4 Champa Devi has deposed that her Aunt Dimple went outside the house to clean utensils and DC asked Dimple to come to his house for work but Dimple declined. DC went outside house and embraced Dimple. She saw them and at that time, Mohan Singh also came out of house. Mohan Singh said that he has caught them red-handed. Thereafter a quarrel took place. 25. PW-6 Narotam Ram in his examination-in-chief has deposed that he used to provide money and food grain to the family of Dimple however, he has not stated so in his statement mark A. 26. Mohan Singh said that he has caught them red-handed. Thereafter a quarrel took place. 25. PW-6 Narotam Ram in his examination-in-chief has deposed that he used to provide money and food grain to the family of Dimple however, he has not stated so in his statement mark A. 26. PW-7 Budhi Singh also deposed that Dimple went outside the house to clean utensils. DC went outside the house too and embraced her. In the meantime, Champa and Mohan Singh also went out of the house and saw Dimple and DC embracing each other. 27. Prosecution has failed to prove that the accused has treated deceased with cruelty. Rather there is sufficient evidence on record to show that DC embraced Dimple and this act was seen by the accused, PW-4 Champa Devi. Deceased was asked to mend her ways and to keep away from DC. She was ashamed of this act. This could be reason for her consuming poison. Witnesses have made improvements in their statements. So far the compromise arrived at between the deceased and the accused is concerned, witnesses have not made such statements before police. This fact was stated by them for the first time before the Court. PW-1 Narkali has testified in the cross examination that she made report only on the basis of suspicion. Prosecution has failed to prove that the accused has driven the deceased to commit suicide. 28. Learned trial Court has correctly appreciated the entire evidence and there is no occasion for this Court to interfere with the well reasoned judgment of trial Court. 29. Consequently, there is no merit in the appeal and the same is dismissed. Pending applications, if any, are also disposed of. The bail bonds are discharged.