JUDGMENT : Sureshwar Thakur, J. 1. The instant appeal stands directed by the State of H.P. against the judgment of the learned Additional Sessions Judge (II), Kangra at Dharamshala, Himachal Pradesh, rendered on 24.08.2013 in RBT S.C. No. 51-K/VII/2010, whereby, it acquitted the accused/respondents for the offences punishable under Sections 498-A, 306 and read with Section 34 of the IPC. 2. The facts relevant to decide the instant case are that on 17.05.2010 at village Lakhamandal, Arti wife of accused Ajay Kumar had committed suicide by hanging herself from rope from ceiling of a room inside the house of the accused. The Police investigation reveals that marriage of accused Ajay Kumar with Arti (since deceased) was solemnized on 7th December, 2009 according to Hindu rites and custom and thereafter all the accused who are of the same family being mother-in-law, father-in-law and husband started maltreating the deceased. The accused also alleged to have given beatings to her as also leveling allegations upon her qua chastity. It has also come in the evidence that on 3rd May, 2010, retirement of father of complainant PW-1 Rakesh Kumar was to be organized in which deceased Arti alongwith her in-laws was invited but she was not allowed to attend the function on the pretext of some domestic problem. When said Arti informed complainant Rakesh Kumar that her in-laws did not allow her to attend function and she also narrated maltreatment and beatings given to her by the accused. It has also come in evidence that due to persistent beatings given to Arti, she had requested the complainant to accompany her to house of accused. It has come in the investigation that a telepehonic information was received at 3.15 p.m. on 17.05.2010 at the residence of complainant whereby he was informed that deceased had committed suicide whereupon complainant Rakesh Kumar along with his wife reached at the house of the accused and found the dead body of Arti hanging with rope tied with wooden beam of the roof of the house. Since the complainant suspected that deceased was harassed and tortured by accused persons as narrated by her prior to her death, he made a statement under Section 154 Cr. P.C. to the police on the basis of which FIR was registered in the Police Station concerned against the accused. Since the complainant suspected that deceased was harassed and tortured by accused persons as narrated by her prior to her death, he made a statement under Section 154 Cr. P.C. to the police on the basis of which FIR was registered in the Police Station concerned against the accused. The police carried out investigations in the matter, during the course whereof, recorded the statements of the witnesses, prepared the site plans, procured the postmortem report etc. 3. On conclusion of investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court. 4. The accused were charged by the learned trial Court for theirs committing offences punishable under Sections 498-A, 306 read with Section 34 of the IPC. In proof of the prosecution case, the prosecution examined 13 witnesses. On conclusion of recording of the prosecution evidence, the statements of the accused under Section 313 of the Code of Criminal Procedure were recorded by the trial Court, in which the accused claimed innocence and pleaded false implication. However, they did not lead any defence evidence. 5. On an appraisal of the evidence on record, the learned trial Court, returned findings of acquittal in favour of the accused/respondent herein. 6. The State of H.P. stands aggrieved by the judgment of acquittal recorded by the learned trial Court. The learned Additional Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned trial Court standing not based on a proper appreciation of the evidence on record, rather, theirs standing se-quelled by gross mis-appreciation of material on record. Hence, he contends qua the findings of acquittal being reversed by this Court in the exercise of its appellate jurisdiction and theirs being replaced by findings of conviction. 7. On the other hand, the learned defence counsel has with considerable force and vigour, contended qua the findings of acquittal recorded by the Court below standing based on a mature and balanced appreciation of evidence on record and theirs not necessitating interference, rather theirs meriting vindication. 8. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 9. The marriage inter se deceased Arti and accused Ajay Kumar was solemnized on 7.12.2009. 8. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 9. The marriage inter se deceased Arti and accused Ajay Kumar was solemnized on 7.12.2009. Within six months of hers solemnizing marriage with accused Ajay, she committed suicide by hanging from a rope tethered to a wooden beam of her room as depicted in site plan Ex.PW13/A. Her hanging, as unraveled by postmortem report Ex.PW5/C, se-quelled asphyxia leading to her demise. For the prosecution to succeed qua its proving the factum probandum of the accused abetting her suicide, it was enjoined to adduce cogent proof qua both mental and physical cruelty as stood purportedly perpetrated upon her by the accused holding proximity in time vis-a-vis the suicide committed by the deceased also it was enjoined to adduce potent proof holding loud articulations with specificity qua the timing of perpetration of acts of physical besides mental cruelty by the accused upon the deceased. 10. For gauging from the prosecution evidence qua the prosecution succeeding in adducing the aforesaid relevant besides germane evidence for constraining this court to clinch findings of conviction qua the accused, an allusion to the testimony of PW-1 is imperative. PW-1 is the complainant, who recorded Ex.PW1/A, comprising his statement under Section 154, Cr.P.C. For ensuring the trite factum of his testification in Court holding concurrence with Ex.PW1/A hence its standing bereft of any vice of improvements or embellishments vis-a-vis Ex.PW1/A, whereupon his testification would stand on a sacrosanct pedestal of veracity enjoins this Court to allude to his testification occurring in his cross-examination wherein he stood confronted with Ex.PW1/A qua the relevant facet communicated by him in his examination-in- chief for hence given its holding concurrence therewith credibility being fastenable qua the factum communicated therein qua the deceased intimating him qua hers standing belaboured by the accused besides theirs not allowing her to attend the retirement function of his father. Also thereon he stood confronted with Ex.PW1/A for with his testification therein holding concurrence with the apt echoings occurring therein credibility would stand fastened qua the echoings made by him in his examination-in-chief qua the mother of the deceased apprising him about the belabourings perpetrated upon her by the accused and of hers entreating him to accompany her to the house of the accused. However, the endeavour aforesaid for infusing credibility qua the aforesaid echoings made by PW-1 in his examination-in-chief has begotten the sequel of the facets aforesaid not finding existence in Ex.PW1/A rendering hence his testification qua the facets aforesaid to stand stained with a vice of improvements and embellishments vis-a-vis Ex.PW1/A. Consequently, his testification loses its creditworthiness. Further, his omitting to disclose with specificity the timing of perpetration of mental besides physical cruelty by the accused upon the deceased constrains an inference of the gravamen of the offence constituted under Section 306 of the IPC encapsulated in proximity with precision in timing occurring qua the perpetration of mental besides physical cruelty upon the deceased by the accused vis-a-vis the illfated occurrence standing grossly unsatiated leading this Court to conclude of the testimony of PW-1 holding no legal worth in concluding qua the prosecution succeeding in proving the charge against the accused. 11. PW-3 makes a testification qua the psyche of the deceased standing encumbered with mental cruelty arising from the factum of the accused suspecting her chastity. However, her testification is bereft of creditworthiness spurrable from the factum of hers making a disclosure in Court qua the Investigating Officer not during the course of his holding investigations, recording her statement under Section 161 of the Cr.P.C. Consequently, it has to be inferred therefrom qua hers not standing joined as a witness by the Investigating Officer wherefrom the ensuing sequel is of hers hence being unamenable for standing cited as a witness besides her testimony garnering no credibility. Even otherwise the ascription by her qua perpetration of mental cruelty upon the deceased by the accused when stands founded upon the accused suspecting her fidelity is bereft of credibility arousable from the factum of PW-1 omitting to underscore the aforesaid factum in Ex.PW1/A. Consequently, with PW-3 contradicting PW-1 qua the facet aforesaid, she is to be concluded to be contriving the factum of the accused encumbering her psyche with mental cruelty arousable from theirs casting aspersions qua her chastity. Likewise with the testimony of PW-7 also standing ingrained with infirmities and discrepancies akin to the one ingraining the testimony of PW-3, warrants this Court to draw an akin inference qua hence his testimony also holding no creditworthiness. 12. Likewise with the testimony of PW-7 also standing ingrained with infirmities and discrepancies akin to the one ingraining the testimony of PW-3, warrants this Court to draw an akin inference qua hence his testimony also holding no creditworthiness. 12. However, the learned Additional Advocate General has submitted before this Court qua with evidently the commission of suicide by the deceased occurring within six months of hers contracting marriage with accused Ajay Kumar, renders drawable qua the accused the presumption encapsulated under Section 113-A of the Indian Evidence Act, 1872 (hereinafter referred to as the “Act”), provisions whereof stand extracted hereinafter, qua hence theirs abetting the commission of suicide by the deceased whereupon he contends with force qua findings of conviction being returnable against the accused. Provisions of Section 113 of the Act read as under: “113-A. Presumption as to abetment of suicide by a married woman.- When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.” 13. The reliance as placed by the learned Additional Advocate General upon the provisions of Section 113-A of the Act for constraining this Court to statutorily presume the trite factum of the accused abetting the commission of suicide by the deceased prominently with her suicide occurring within six months of her marriage standing solemnized with accused Ajay Kumar warrants it standing discountenanced by this Court, given this Court standing stirred to invoke the presumption embedded in Section 113-A of the Act only on the prosecution adducing cogent evidence in satiation of the indispensable condition precedent for its arousal inasmuch as qua the accused subjecting the deceased to both mental besides physical cruelty, conspicuously, when satiation thereof stands statutorily embedded there within to constitute the imperative statutory precursor for warranting its awakening. In aftermath, when only on emanation of forthright proof qua the condition precedent aforesaid would give play to the presumption embedded in Section 113-A of the Act, contrarily with the prosecution abysmally failing to adduce cogent evidence in display of the accused perpetrating physical besides mental cruelty upon the deceased hence renders the condition precedent aforesaid qua the workability of the statutory presumption engrafted in Section 113-A of the Act to stand un-satiated whereupon the provisions of Section 113-A of the Act remain un-attracted vis-a-vis the accused. 14. The summon bonum of the aforesaid discussion is that the learned trial Court below has appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of the material on record by the learned trial Court does not suffer from any perversity or absurdity of mis-appreciation and non appreciation of the evidence on record, rather it has aptly appreciated the material available on record. 15. Consequently, there is no merit in the instant appeal and it is accordingly dismissed. In sequel, the judgment impugned before this Court is maintained and affirmed. Records be sent back forthwith.