JUDGMENT : Rajiv Sharma, J. 1. This appeal is instituted against the judgment dated 29.2.2008 rendered by the Additional Sessions Judge, Ghumarwin, District Bilaspur in Sessions Trial No. 58/7 of 2004, whereby the respondents-accused (hereinafter referred to as the "accused" for convenience sake), who were charged with and tried for offence punishable under sections 498-A and 306 read with section 34 of the Indian Penal Code, have been acquitted. 2. Case of the prosecution, in a nutshell, is that a telephonic message was received at Police Station, Ghumarwin on 25.2.2004 at 5.45 P.M. from Dr. Anil at Civil Hospital, Ghumarwin that a case of poisoning has come which needs action. Rapat No.20 dated 25.2.2004 Ex.PW-4/A was recorded. S.I. Balwant Singh proceeded to Civil Hospital, Ghumarwin. The Medical Officer on duty informed that a lady named Asha Devi was not fit to make statement. He came back to Police Station and got recorded rapat No. 26 dated 25.2.2004 vide Ex.PW-4/B. On 26.2.2004 at 10.10 A.M. Rattan Singh from P.G.I. Chandigarh informed telephonically Police Station, Ghumarwin that in the poisoning case of Jol Palakhi village which was referred to P.G.I. from Ghumarwin, the lady has died at PG.I. Chandigarh. Head Constable Chotta Ram along-with Constable Balbir were sent to P.G.I. Chandigarh vide rapat No. 6 dated 26.2.2004 Ext. PW- 4/C. Chotta Ram came back from P.G.I. Chandigarh to Police Station Ghumarwin on 27.2.2004 and rapat No. 22 dated 27.2.2004 Ext. PW-4/D was incorporated. The postmortem of the deceased was got conducted at Chandigarh and the dead body was handed over to deceased's father in law, Rattan Lal. It came during the course of investigation by Head Constable Chotta Ram that on 25.2.2004 at 5.15 P.M., Asha Devi had gone to bring grass from the fields. She felt giddy and accused Ram Dass and Krishni Devi brought her home. However, she started vomiting. She was taken to Civil Hospital, Ghumarwin from where she was referred to Bilaspur. From Bilaspur she was further referred to P.G.I. Chandigarh on 25.2.2004 at 4.00 A.M. Asha Devi died at P.G.I. Chandigarh on 26.2.2004 at 5.00 P.M. Statement of the mother of the deceased Brahmi Devi was recorded by H.C. Chotta Ram vide Ext. DW-2/A. PW-1 Chandu Ram on 28.2.2004 made statement under Section 154 of the Criminal Procedure Code vide Ext. PA. According to him, he was resident of Dosarka, Police Station, District Hamirpur. DW-2/A. PW-1 Chandu Ram on 28.2.2004 made statement under Section 154 of the Criminal Procedure Code vide Ext. PA. According to him, he was resident of Dosarka, Police Station, District Hamirpur. He has retired as Captain from the Army. His elder brother has expired 7 years back, who was having 8 daughters. He was looking after the daughters. He married Asha Devi on 8.7.2003 with accused Sunil Kumar, resident of village Jol Palakhi. Whenever Asha Devi used to visit her house, she used to say that she was not comfortable at her in-laws house. Her husband, mother-in-law, grandfather-in-law and Sister-in-law used to taunt her. He went to Asha Devi's house and asked accused as to why they were harassing Asha Devi. They apologized. On 25.2.2004, Sunil Kumar informed him telephonically at 8.30 P.M. that Asha Devi has consumed poison. She was brought to Ghumarwin hospital. Thereafter, he and his wife Santosh went to Ghumarwin hospital. They found that Asha Devi was taken to Bilaspur. They proceeded to Bilaspur. They were told that Asha Devi has been taken to P.G.I. Chandigarh. He got telephonic information about Asha Devi having expired at P.G.I. Chandigarh. Accused were subjecting Asha Devi to ill-treatment, which led her to consume poison. The matter was investigated. An empty tube of Aluminium Phosphide Sulphas was recovered. It was seized vide seizure memo Ext. PW-11/A in presence of Lekh Ram and Joginder Singh witnesses. PW-11 Chint Ram recorded statements of the witnesses. Post-mortem of the dead body was got conducted vide Mark 'C'. Police investigated the case and the challan was put up in the court after completing all the codal formalities. 3. Prosecution examined as many as 12 witnesses in all to prove its case against the accused. Statements of accused under Section 313 Cr.P.C. were recorded. They have denied the case of the prosecution in entirety. According to them, they have not harassed or tortured Asha Devi and no dowry was demanded. She was kept nicely. Learned trial Court acquitted the accused. Hence the present appeal. 4. Mr. Ramesh Thakur, learned Assistant Advocate General has vehemently argued that the prosecution has proved its case against the accused. 5. Mr. T.S. Chauhan has supported the judgment passed by the trial Court. 6. We have heard the learned counsel for the parties and have gone through the record meticulously. 7. Hence the present appeal. 4. Mr. Ramesh Thakur, learned Assistant Advocate General has vehemently argued that the prosecution has proved its case against the accused. 5. Mr. T.S. Chauhan has supported the judgment passed by the trial Court. 6. We have heard the learned counsel for the parties and have gone through the record meticulously. 7. PW-1 Chandu Ram has deposed that he has performed marriage of Asha Devi in the month of July 2003 with accused Sunil Kumar resident of Jol Palakhi. Asha Devi visited his house only once after the marriage. She told them that her mother-in-law, grandfather-in-law, husband and sister-in-law were harassing her on account of dowry. He visited the house of accused and advised them to stop harassing Asha Devi. On 25.2.2004, at 8.30 P.M. he received telephonic message from accused Sunil Kumar that Asha Devi has consumed something. She was admitted to hospital at Ghumarwin. He and his wife Santosh Kumar went to Ghumarwin. After reaching Ghumarwin, he was told that Asha Devi was sent to Bilaspur Hospital. They rushed to Bilaspur Hospital. When they reached Bilaspur they were told that Asha Devi has already been sent to P.G.I. Chandigarh. They stayed in hospital at Bilaspur and next morning they went back to their home at Hamirpur. They were informed that Asha Devi has expired in P.G.I. Chandigarh. In his cross-examination, he has categorically admitted that at the time of marriage, no dowry was demanded by the accused. However, according to him, they had given dowry according to their status. Accused never demanded dowry from him. He has also admitted that accused knew that Brahmi Devi was a poor lady. Asha Devi had told him about her harassment for dowry in the month of September -October, 2003 when she visited his house at Dosarka. He told this fact to his neighbourer Dalip Singh, retired Subedar. Except that he has not told this fact to anyone. He told this fact for the first time in the Court. He has informed the Police that accused were demanding dowry from Asha Devi (whereas it is not so recorded in Ext. PA.). He has also stated to the police that thereafter he visited the house of accused and told them to stop harassing Asha Devi due to fulfilment of demand of dowry (whereas the words 'her harassment due to demand of dowry' is not written in Ext. PA) 8. PA.). He has also stated to the police that thereafter he visited the house of accused and told them to stop harassing Asha Devi due to fulfilment of demand of dowry (whereas the words 'her harassment due to demand of dowry' is not written in Ext. PA) 8. PW-2 Dr. Anil Kumar has examined Asha Devi. He has issued MLC to this effect. 9. PW-3 Asha Devi has deposed that on 25.2.2004, at about 4.30 PM, she was going to bring grass. When she reached near Bowali, Asha Devi (deceased) consumed something from a tube. She threw away the tube and told her that she was fed up and thereafter she went away. She also told her that she was fed up due to her illness as she was operated upon for her illness. She was cross-examined by the learned Public Prosecutor. In her cross-examination by the learned defence counsel she has testified that accused never harassed deceased Asha Devi nor deceased Asha Devi told her about alleged harassment by the accused persons. 10. Statement of PW-4 Bharat Bhushan is formal in nature. 11. PW-5 Brahmi Devi is the mother of deceased. She has deposed that deceased Asha Devi told her that she was harassed by accused Sunil Kumar. Asha Devi used to tell her that her husband used to come late night. He was demanding a motor cycle from them. Asha Devi also used to tell her that whenever she used to watch T.V., her sister-in-law Nishu used to tell her that she should bring T.V. from her parents. In her cross-examination she has admitted that no dowry was demanded by the accused nor agreed to be given. She has also admitted that she went with Asha Devi from Ghumarwin upto Chandigarh and Sunil and his Taya were also with them upto Chandigarh. 12. PW-6 Naresh Kumar has partly investigated the case. He has recorded statements of witnesses Santosh Kumari, Brahmi Devi, Madhu Bala, Chandu Ram, Anjana Devi and Vinod Kumar. In his cross-examination, he has deposed that Brahmi Devi has also made statement earlier to the police at Chandigarh. 13. PW-7 Chotta Ram has got the post mortem conducted at P.G.I. Chandigarh. He obtained post mortem report Mark 'C'. In his cross-examination, he has deposed that Brahmi Devi made statement to him at Chandigarh that her daughter Asha Devi was not being harassed by accused. 13. PW-7 Chotta Ram has got the post mortem conducted at P.G.I. Chandigarh. He obtained post mortem report Mark 'C'. In his cross-examination, he has deposed that Brahmi Devi made statement to him at Chandigarh that her daughter Asha Devi was not being harassed by accused. Brahmi Devi has also made statement that Asha Devi has not made any complaint about her harassment by the accused. 14. PW-8 Shiv Chaudhary has recorded statement of PW-1 Chandu Ram under Section 154 of the Criminal Procedure Code. 15. PW-9 Anjana Kumari has deposed deceased Asha Devi was daughter of her Taya (uncle). She was her friend. Whenever Asha Devi used to visit her mother's house, she used to tell her that she was being harassed and tortured by her in-laws. She also used to tell that her husband used to come late during night and he also used to beat her. Her husband demanded dowry and asked to bring money from her parents. In her cross-examination, she has admitted that she has not told the fact of torturing to anyone. About harassment of Asha Devi and demand of dowry, she was telling for the first time in the Court. 16. PW-10 Madhuwala is the sister of deceased. She has deposed that deceased used to meet her and also used to talk to her on telephone. She used to tell her that she was being harassed by her in-laws for dowry and her husband used to come home at late during night. Asha Devi died by consuming poison. In her cross-examination, she has deposed that she has told about demand of motor-cycle and T.V. to police (where as it was not so recorded in mark 'X'. She has made statement to police that she used to meet her after marriage (whereas it was not so recorded in mark 'X'). 17. PW-11 Chint Ram has partly investigated the matter. He has taken into possession empty tube with mark Sulphase vide memo Ex.PW-11/A. He recorded the statements of witnesses under section 161 of the Code of Criminal Procedure. 18. What emerges from the facts enumerated here-in-above is that marriage of deceased was solemnized with accused Sunil Kumar in the month of July, 2003. It was performed by PW-1 Chandu Ram. Statement of PW-1 Chandu Ram was recorded vide Ex. PA on the basis of which FIR was registered. 18. What emerges from the facts enumerated here-in-above is that marriage of deceased was solemnized with accused Sunil Kumar in the month of July, 2003. It was performed by PW-1 Chandu Ram. Statement of PW-1 Chandu Ram was recorded vide Ex. PA on the basis of which FIR was registered. According to PW-1 Chandu Ram, deceased has told them that her mother-in-law, grand father-in-law, husband and sister-in-law were harassing her on account of dowry. In his cross-examination, he has admitted that at the time of marriage, no dowry was demanded by the accused. He has not stated in Ex. PA about the demand of dowry raised by the accused. PW-3 Asha Devi has deposed that she was going to bring grass on 25.2.2004 at about 4.30 P.M. Asha Devi consumed something from tube. She threw away that tube and told that she was fed up due to her illness. She was operated for her illness. In her cross-examination, she has specifically deposed that accused never harassed deceased Asha Devi nor Asha Devi ever told her about harassment by the accused. PW-5 Brahmi Devi, mother of deceased has deposed that deceased was harassed by Sunil Kumar as he was demanding a motorcycle from them and also threatening to kill in case motorcycle is not given to him. In her cross-examination, she has admitted that no dowry was demanded by the accused nor agreed to be given. She has also admitted that she went with Asha from Ghumarwin to P.G.I. Chandigarh. Accused Sunil and his Taya also went with them upto Chandigarh. Statement of PW-5 Brahmi Devi was also recorded vide Ex.DW-2/A. We have also gone through Ex.DW-2/A. There is no reference about the demand of dowry being raised by the accused. Statement of PW-5 Brahmi Devi was recorded by PW-7 Chotta Ram at P.G.I. Chandigarh. PW-6 Head Constable Naresh Kumar has also deposed in his cross-examination that no witness has stated about the demand of dowry before him. PW-7 ASI Chotta Ram has admitted that Brahmi Devi has made statement before him at Chandigarh vide Ex.DW-2/A. In case the dowry has ever been demanded by the accused, it should have been mentioned in Ex.DW-2/A. PW-1 Chandu Ram, PW-5 Brahmi Devi and PW-6 Naresh Kumar have categorically deposed that there was no demand of dowry. In view of these statements, statement of PW-9 Anjana Kumari and PW-10 Madhuwala cannot be believed. In view of these statements, statement of PW-9 Anjana Kumari and PW-10 Madhuwala cannot be believed. Moreover, PW-9 Anjana Kumari has specifically admitted that she has not told the non-fulfillment of demand of dowry to anyone. She has stated about the harassment of Asha Devi and demand of dowry in the Court for the first time. 19. Now, as far as statement of PW-10 Madhuwala is concerned, she has also not told about harassment of Asha Devi and demand of dowry to anyone. She has narrated these facts to police after the death of deceased Asha Devi. According to her, she has told about the demand of motorcycle and T.V. to police. However, it is not so recorded in mark 'X'. It is true that deceased has died by consuming poison. She has also been operated for breast cancer. She could be in depression due to her serious ailment. She was operated upon for her ailment. It has also come on record that accused are well off. They have never demanded any dowry from the deceased. PW-5 Brahmi Devi has made major improvements in her statement vis-'vis Ex.DW-2/A. There has to be series of facts/events to cause harassment. There was no demand of dowry. The evidence produced by the prosecution does not prove the case against the accused for offence under section 498-A of the Indian Penal Code. There is no evidence brought on record to establish that deceased was forced to commit suicide. There is no evidence also whatsoever to establish that accused have incited or provoked the deceased to commit suicide. 20. So far as presumption under section 113 of the Indian Evidence is concerned, it could be raised, if it was proved that deceased was subjected to cruelty. No cruelty was ever meted out to the deceased. Thus, section 113 of the Indian Evidence is not applicable in the present case. 21. The prosecution has failed to prove that accused ever demanded dowry from the deceased or compelled the deceased to commit suicide. We need not interfere with the well reasoned judgment rendered by the trial court. 22. Accordingly, in view of the analysis and discussion made here-in-above, the prosecution has failed to prove its case against the accused beyond reasonable doubt for offence under sections 498-A and 306 read with section 34 of the Indian Penal Code. 23. Consequently, the appeal is dismissed. Appeal dismissed.