JUDGMENT : Rajiv Sharma, J. By way of the present appeal, the State has come before this Court laying challenge to Judgment dated 20.9.2010 rendered by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, HP (camp at Bilaspur) in Sessions Trial No. 9/7 of 2008, whereby respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for offences under Sections 498(A), 306 /34 IPC, have been acquitted. 2. Case of the prosecution, in a nutshell, is that Rattan Lal, uncle of deceased Veena Devi lodged an FIR Ext PW-1/A dated 13.7.2008 at 7.10 hours stating that they were three brothers and eldest Roshan Lal died six years back leaving two daughters and one son. Younger daughter Veena Devi had been married to Suneel Dutt son of Rattan Lal of village Ladhyana as per Hindu rites and ceremonies. On 13.7.2008, he received a telephonic message from his son-in-law and relative Rattan Lal that Veena Devi had expired. He came with the villagers to Bharari Hospital and found Veena Devi lying dead outside the hospital. He apprehended that accused tortured the deceased physically and mentally forcing her to consume poisonous substance resulting into her death. Veena Devi used to disclose that her father-in-law, mother-in-law and brother-in-law used to give her beatings and also tortured her for bringing insufficient dowry. She also disclosed to him that she was beaten by accused when she visited her parents house. Inquest papers were prepared. Post mortem was conducted by PW-13 Dr. N.K. Sankhyan with Dr. Satish Sharma. Doctor opined that the deceased died due to asphyxia after consuming Phosphate releasing poison, as per final opinion Ext. PW-13/F. Site plan Ext. PW-15/A was prepared search of the house of accused was conducted and a Cypher-guard 10% EC bottle was recovered from the room below the kitchen of the accused. It was taken into possession vide memo Ext PW-2/A. On 20.7.2008, IO also recorded the statement of accused Suneel Kumar under Section 27 of the Indian Evidence Act. Accused got recovered a bamboo stick from the maize field and also disclosed that he gave beatings to Veena Devi with it. It was taken into possession vide Ext. PW-1/C. Investigation was completed. Challan was put in the Court after completing all the codal formalities. 3. Prosecution has examined as many as eighteen witnesses to prove its case against the accused. It was taken into possession vide Ext. PW-1/C. Investigation was completed. Challan was put in the Court after completing all the codal formalities. 3. Prosecution has examined as many as eighteen witnesses to prove its case against the accused. Accused were also examined under Section 313 CrPC. Their case of denial simpliciter. Learned trial Court acquitted the accused. Hence, the present appeal by the State. 4. Mr. V.S. Chauhan, Additional Advocate General has vehemently argued that the Prosecution has proved its case against the accused. 5. Mr. Dheeraj K. Vashishta, Advocate, has supported Judgment dated 20.9.2010. 6. We have heard the learned counsel for the parties and also gone through the record carefully. 7. Rattan Lal (PW-1) is the uncle of deceased Veena Devi. According to him, his elder brother Roshan Lal expired six years back. He had three children. Both daughters of his brother were brought up by him and he also performed their marriages. Veena Devi was married to accused on 17.4.2008. He had given dowry to his niece according to his status and resources. After her marriage, Veena Devi visited his house after 15 days of marriage. Thereafter, she again visited on 22.5.2008 and thereafter three days prior to her death. When Veena Devi visited his house for the first time, she told that her husband, father-in- law and mother-in-law were harassing her for bringing insufficient dowry and they were demanding money to purchase a vehicle. On 22.6.2008, when she visited his house, she told him that now accused had started harassing her even more and also gave her beatings. She told him that all the accused were giving her beatings with Dandas. When she visited his house three days prior to her death, she told that accused were harassing her more for money for the purchase of vehicle. He told her that he alongwith his son, who was residing at Delhi would come to her house and make the accused understand. He had also made accused Suneel to understand twice in his house. On 13.7.2008, at 3.00 AM, accused Suneel and his father Rattan Lal informed him that Veena Devi had died at Bharari Hospital. Thereafter, he alongwith villagers reached Bharari Hospital. When he reached Bharari Hospital, he found that the dead body of Veena Devi was lying outside the hospital near the gate. On 13.7.2008, at 3.00 AM, accused Suneel and his father Rattan Lal informed him that Veena Devi had died at Bharari Hospital. Thereafter, he alongwith villagers reached Bharari Hospital. When he reached Bharari Hospital, he found that the dead body of Veena Devi was lying outside the hospital near the gate. When he inspected the body, he found that there were injuries on her body. Veena had died by consuming poison. She died because accused used to maltreat and harass her for insufficient dowry. He visited Police Station Bharari and lodged FIR Ext. PW-1/A. Post mortem of the deceased was conducted. Police took into possession a vial of Cypher-guard poison. Accused Suneel Kumar made disclosure statement Ext. PW-1/B that he could get the Danda recovered in the field near house. Thereafter, accused Suneel got Danda recovered from maize field situate beside the house. In his cross- examination, he denied that the wife and son of Roshan Lal were mentally disturbed. Volunteered that they were simpletons. He denied the suggestion that his brother Roshan Lal died of mental tension. Volunteered that he was suffering from cancer. He had looked after him during his illness. He denied the suggestion that before marriage, he took Veena Devi to psychiatrist at Bhota. He admitted that at the time when marriage was settled, accused had raised no demand for dowry nor it was settled that any dowry would be given. On three occasions when Veena Devi visited his house, she told him that accused were demanding money for the purchase of vehicle. Except money, accused did not demand anything. He admitted that Veena Devi was taken to a private doctor on 11.7.2008 by her mother-in-law. 8. Raghunath (PW-2) has corroborated the statement of PW-1, Rattan Lal. Veena Devi met him after 15 days of marriage and told him that her in-laws were maltreating her on account of demand for dowry. On the intervening night of 12/13.7.2008 at 3.30 AM, Rattan Lal rang him up and told that his sister-in-law had informed him that Veena Devi had died in Bharari Hospital. He alongwith others visited Bharari Hospital alongwith Rattan Lal. When they reached the hospital, dead body of Veena Devi was lying near the gate and all the accused were present there. He has noticed injuries on her arm and froth was coming from her mouth. 9. He alongwith others visited Bharari Hospital alongwith Rattan Lal. When they reached the hospital, dead body of Veena Devi was lying near the gate and all the accused were present there. He has noticed injuries on her arm and froth was coming from her mouth. 9. Nirmla Devi (PW-3) deposed that Veena Devi was niece of her husband. She was married to accused Suneel on 17.4.2008. Entire expenses of marriage were borne by her husband. After her marriage, Veena Devi came to their house three times. Every time she used to tell that accused used to harass her and used to give her beatings for bringing insufficient dowry. She also told that accused were demanding money for purchase of vehicle. She visited their house two days prior to her death and told that accused were harassing her and giving beatings to her on account of demand of money for purchasing vehicle. On the intervening night of 12/13.7.2008, information was received that Veena Devi had died. In her cross-examination, she deposed that accused did not permit her to disclose her miseries to any person and the little time she used to get, she used to tell the miseries to her. She denied the suggestion that she had taken Veena Devi to a psychiatrist at Bhota. She also denied the suggestion that when they reached Hospital, accused had disclosed that two days ago Veena Devi was hit by an ox. 10. Parmeshwari Devi (PW-4) deposed that the marriage was solemnised on 17.4.2008. Veena Devi died after 2 ½ months of marriage. 3-4 prior to her death, she had visited her parents house. She also visited her house for taking milk. On that day, she asked her as to why she had grown weak. She told that her husband, mother-in-law and father-in-law were ill-treating her on account of demand of money for the purchase of tractor and her husband was also giving her beatings. 11. Arvind Kumar (PW-5) deposed that on 12/13.7.2008, at about 1.15 AM, accused Rattan Lal and Savitri came to his house and told that their daughter-in-law was ill and was to be taken to Bharari Hospital. He took Veena in his car to Bharari Hospital. 12. Jagdish Ram (PW-7) deposed that 10-15 days after the marriage, Veena Devi had come to her parents’ house and she also met him. He found that she had grown weak. He took Veena in his car to Bharari Hospital. 12. Jagdish Ram (PW-7) deposed that 10-15 days after the marriage, Veena Devi had come to her parents’ house and she also met him. He found that she had grown weak. She told him that her in-laws were torturing her physically and mentally for dowry. He came to know about her death on 13.7.2008. He signed inquest papers. He visited the Police Station with Rattan Lal. 13. Vidya Devi (PW-8) deposed that Veena Devi visited her house 15 days after marriage. She told her that her father-in-law, mother-in-law were harassing her and her husband used to give her beatings after consuming liquor. On 22.6.2008, she again met her she told her that her mother-in-law gives her beatings and her father-in-law abuses her and her husband gives her beatings after consuming liquor. 14. Rakesh Kumar (PW-9) deposed that on 13.7.2008, he was associated in the investigation of the case and in his presence and in the presence of Raghunath, house of Sunita Devi, mother-in-law of deceased was searched by the police. During search, a small vial of Aluminum Cyber Guard 10 EC was recovered from the store room besides the kitchen. It was sealed and taken into possession vide Ext. PW-2/A. Specimen of seal was taken and handed over to Raghunath after use. 15. Dr. Bharti Ranoute (PW-11) deposed that on 12.7.2008, Veena Devi visited CHC Bharari. She was suffering from fever and anxiety. Urine test for pregnancy was conducted. It was found negative. She was advised to get herself admitted in the hospital. however, she was not admitted. She was advised to get admitted since as per blood test, she was suffering from typhoid. 16. Dr. N.K. Sankhyan (PW-13) conducted post-mortem with Dr. Satish. He has noticed following ante mortem injuries:- “List of antemortem injuries: - 1. Four small reddish coloured abrasions on right side of face lateral to right angle of mouth, each abrasion was in area of 0.2 cm x 0.2 cm. 2. reddish coloured linear abrasion present on right side of neck. It was 1.5 cm in length, directing below upwards and lateral to medial side. 3. reddish coloured contusion on outer surface of right shoulder in area of 3 cm x 5 cm underlying bones and joints were normal. 4. 2. reddish coloured linear abrasion present on right side of neck. It was 1.5 cm in length, directing below upwards and lateral to medial side. 3. reddish coloured contusion on outer surface of right shoulder in area of 3 cm x 5 cm underlying bones and joints were normal. 4. Reddish coloured contusion was present on outer surface of right arm in area of 7 cm x 3.5 cm in upper 1/3rd portion of right arm. 5. In the middle 1/3rd portion of right arm, there was reddish coloured contusion on its outer surface in area of 2cm x 3 cm underlying bones were normal. 6. On outer surface of right arm in its middle 1/3rd portion there were reddish coloured contusion in area of 0.5 cm x 0.5 cm. Underlying bone was normal. 7. In middle 1/3rd portion of right arm on its medial surface there was reddish coloured contusion sin area of 8 cms x 7 cms. Underlying bone was normal. 8. In middle 1/3rd portion of right arm on medial surface there was reddish coloured contusion in area of 7 cm x 1.5 cm. Underlying bone was normal. 9. In upper half portion of left forearm on its posteriolateral surface, there was reddish coloured contusion in area of 6 cmz x 8 cms. Underlying bones were normal. 10. In upper half portion of left arm on its outer surface, there was reddish coloured contusion in area of 8 cms. X 6 cms. Underlying bone was normal. 11. In upper 1/3rd portion of left arm on its outer surface there was reddish coloured contusion in area of 3cms x 3 cms. Underlying bone was normal. 12. There was reddish coloured contusion of back surface of left ankle in area of 3 cms. X 2.5 cms. Underlying bones and joints were normal. 13. There was reddish coloured contusion on outer surface of right knee in area of 2.5 cms. X 1.5 cms. Underlying bones and joints were normal. 14. There was reddish coloured contusion present on inner surface of right leg just below the knee, in area of 1.5 cms. X 1.5 cms. Underlying bones were normal. 15. In middle 1/3rd portion of right thigh, on its outer surface, there was reddish coloured contusion in area of 3 cms. X 1.5 cms. Underlying bones were normal. 16. 14. There was reddish coloured contusion present on inner surface of right leg just below the knee, in area of 1.5 cms. X 1.5 cms. Underlying bones were normal. 15. In middle 1/3rd portion of right thigh, on its outer surface, there was reddish coloured contusion in area of 3 cms. X 1.5 cms. Underlying bones were normal. 16. In lower half portion of right thigh on front surface, there was greenish coloured contusion in area of 4 cms. X 3 cms. 17. In the lower 1/3rd portion of left thigh, there was reddish coloured contusion in area of 9 cms. X 3 cms. , it was on outer surface of thigh. Unerlying boen was normal. 18. There was greenish coloured contusion on outer surface of left thigh in its lower half portion in area of 8 cmz. X 2 cms. Underlying bone was normal. 19. There was greenish coloured contusion in outer surface of left high in its middle 1/3rd portion in area of 10 cms. X 5 cms. Underlying bones were normal. 20. Reddish coloured contusion was present on outer surface of left thigh in its upper half portion in area of 5cms. X 2 cms. Underlying bone was normal. 21. There was greenish coloured contusion on outer surface of left thigh in its half half portion in area of 9 cms. X 4 cms. Under lying bone was normal. 22. Reddish coloured contusion was present on outer surface of left thigh in its upper 1/3rd portion in area of 4.5 cms. X 3 cms. Underlying bone was normal. 23. There was greenish coloured contusion on front lateral of left leg in its half portion in area of 3cms. X 2 cms. Underlying bones were normal. 24. Reddish coloured contusion was present on outer surface of left leg in area of 3cms. X 2 cms. In its middle 1/3rd portion. Under lying bones were normal. 25. There was reddish coloured contusion on outer surface of left leg in its lower half portion in area of 2cms. 1.5 cms. Underlying bones were normal.” 17. The post-mortem report is Ext. PW-13/D. According to final opinion, Ext. PW-13/F, a few injuries out of injuries No.1 to 25 mentioned in the post-mortem report were possible with Danda Ext. P1 and some of the injuries were possible with kick and fist blows. 1.5 cms. Underlying bones were normal.” 17. The post-mortem report is Ext. PW-13/D. According to final opinion, Ext. PW-13/F, a few injuries out of injuries No.1 to 25 mentioned in the post-mortem report were possible with Danda Ext. P1 and some of the injuries were possible with kick and fist blows. The probable time that elapsed between injuries and death was few minutes to few hours and the probable time between death and post mortem was six hours to 24 hours. According to post-mortem report, Veena Devi died due to asphyxia due to consuming Phosphate releasing poison. 18. Giatri Devi (PW-14) deposed that whenever, Veena Devi used to visit her, she informed her that the accused used to harass her. 19. Iqbal Mohd. (PW-15) deposed that on 13.7.2008, Rattan Lal lodged an FIR Ext. PW-1/A in the Police Station. He visited the hospital where dead body was kept. Photographs were taken. Site map was prepared. Accused were present in the hospital. Post mortem was got conducted. House of accused was searched. Danda Ext. P1 was recovered. He obtained marriage certificate. In his cross-examination, he has admitted that accused had brought deceased to the hospital after her condition deteriorated. Doctor declared her dead. Factum of death was conveyed by Suneel Dutt to the uncle of deceased. 20. Marriage of deceased was solemnised with the accused Suneel Dutt on 17.4.2008. She lost her father and was brought up by her uncle Rattan Lal. He performed marriage of deceased with Suneel Dutt. 21. FIR Ext. PW-1/A was lodged by PW-1 Rattan Lal. It is specifically mentioned that Veena Devi was physically and mentally tortured and she was forced to consume poisonous substance. In laws of deceased harassed her for bringing insufficient dowry. Whenever she used to come to his house, she used to narrate about maltreatment meted to her by her in laws. Veena Devi had visited three times prior to her death and told him that her father-in-law, mother-in-law and husband were maltreating her more and more. Rattan Lal (PW-1) has categorically deposed that Veena Devi used to tell him that her husband, father-in-law and mother-in-law were harassing her for bringing insufficient dowry. She was given beatings by them. He has noticed injuries on the dead body when he visited Bharari Hospital. Rattan Lal (PW-1) has categorically deposed that Veena Devi used to tell him that her husband, father-in-law and mother-in-law were harassing her for bringing insufficient dowry. She was given beatings by them. He has noticed injuries on the dead body when he visited Bharari Hospital. PW-2 Raghunath has also deposed that deceased used to tell him that her in laws were maltreating her for bringing insufficient dowry. He has also noticed injuries on her arm and froth coming from her mouth. PW-1 Rattan Lal and Raghunath (PW-2). Nirmla Devi (PW-3) has also deposed that accused used to harass her and used to give beatings for bringing insufficient dowry. PW-4 Parmeshwari Devi also deposed that husband, mother-in-law and father-in-law of deceased were maltreating her for bringing insufficient dowry. PW-3 Arvind Kumar testified that he took Veena Devi to Hospital. PW-7 Jagdish Ram also deposed that whenever, Veena Devi met him, she told that she was being mentally and physically tortured by in laws. He has signed the inquest papers. PW-8 Vidya Devi stated that Veena Devi used to tell her that her mother-in-law used to give her beatings, father-in- law used to abuse her and her husband used to give her beatings after consuming liquor. PW-9 Rakesh Kumar is the witness of recovery. A small vial of Cypher-guard 10% EC was taken into possession vide Ext. PW-1/A. PW-11 Dr. Bharti Ranoute has stated that deceased was suffering from fever when she was brought to the hospital on 12.7.2008. Dr. N.K. Sankhyan, (PW-13) has noticed 25 injuries on the body of Veena Devi. According to his final opinion Ext. PW-13/F, deceased died due to asphyxia after consuming Phosphate releasing poison. Deceased has died within less than three months of marriage. She was tortured mentally and physically by all the accused. They used to harass her for bringing insufficient dowry. They were asking her to bring more money to buy vehicle. Learned trial Court has acquitted the accused on the ground that PW-1 Rattan Lal has not stated in FIR that the accused were asking for money to buy vehicle. FIR is not an encyclopaedia. PW-1 Rattan Lal who is uncle of deceased and has got married her with accused Suneel Dutt, on 17.4.2008, has categorically stated in FIR that Veena Devi was harassed for bringing insufficient dowry and she was thus physically and mentally tortured. FIR is not an encyclopaedia. PW-1 Rattan Lal who is uncle of deceased and has got married her with accused Suneel Dutt, on 17.4.2008, has categorically stated in FIR that Veena Devi was harassed for bringing insufficient dowry and she was thus physically and mentally tortured. According to the contents of FIR, she was also beaten up by accused. PW-1 Rattan Lal and PW-2 Raghunath have also noticed as many as 25 injuries on the body of Veena Devi. These could not be self inflicted injuries. There is no merit in the contention of the learned Advocate for the respondent that the deceased was hit by an ox. It is, thus, evident that she was mercilessly beaten up by accused. They have abetted in committing suicide by Veena Devi by consuming poison. Nirmla Devi, PW-3 has also categorically stated in her deposition before the Court that the deceased used be beaten up by accused for bringing insufficient dowry. She, in her statement, recorded under Section 161 CrPC, has also stated that Veena Devi was given beatings by Suneel Dutt, Savitri Devi (mother-in-law) and Rattan Lal (father-in-law) for bringing insufficient dowry. 22. Learned trial Court has wrongly relied upon explanation under Section 162 CrPC while acquitting accused. It is true that the witnesses produced by prosecution are uncle, aunt and other relatives of the deceased. But it is settled law that statements of close relatives can be relied upon if they inspire confidence. It was a sensitive matter. Deceased could only confide in her close relations about harassment and beatings given to her for bringing insufficient dowry. Consistent harassment by all the accused, physical and mental, has forced Veena Devi to consume poison. She was left with no other alternative but to end her left. She has lost her father and her marriage with Suneel Dutt was performed by her uncle, PW-1 Rattan Lal. Accused have abetted commitment of suicide by Veena Devi. Acts of accused have forced Veena Devi to commit suicide. She has visited only three days before her death and told that she was being harassed by the accused for bringing insufficient dowry. Acts of the accused have created such circumstances that Veena Devi was left with no other option but to commit suicide. 23. Acts of accused have forced Veena Devi to commit suicide. She has visited only three days before her death and told that she was being harassed by the accused for bringing insufficient dowry. Acts of the accused have created such circumstances that Veena Devi was left with no other option but to commit suicide. 23. Their Lordships of the Hon'ble Supreme Court in S. Mahaboob Basha v. State of Karnataka reported in (2014) 10 SCC 244 , have held that examination of independent witnesses to the acts of ill-treatment and cruelty can not be insisted upon. Their lordships have held as under: “8. It is brought on evidence that the appellant-first accused married second time and has begotten three children through his second wife and on account of his second marriage, difference arose between the spouses …….. By the learned Courts below, PW 1 was subjected to thorough cross-examination and despite the same, nothing was elicited from her to discredit her testimony..” 24. Accused have subjected the deceased to cruelty. The prosecution has proved its case against the accused under charged sections beyond reasonable doubt. 25. In view of the discussions and analysis made hereinabove, the present appeal is allowed. Judgment dated 20.9.2010 rendered by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, HP (camp at Bilaspur) in Sessions Trial No. 9/7 of 2008 is set aside. The accused are convicted for the commission of offence under Sections 498-A and 306/34 IPC. Accused be produced to be heard on quantum of sentence on 18.7.2016. 26. The registry is directed to prepare and send the production warrant to the quarter concerned. Bail bonds are cancelled.