(A) Indian Penal Code, 1860 – Section 498A, 34 – Cruelty – Conviction set aside – Acquittal in Abetment for Suicide by Trial Court – Appeal against conviction for offence of cruelty – Held: There is practically no evidence, whatsoever, led by the prosecution regarding any torture or maltreatment being meted out to the deceased to fulfil an illegal demand of dowry. The allegations levelled by PW-1, PW-3, PW-8 and PW-9 are general in nature and the evidence led by the prosecution does not inspire any confidence of the Court to hold that the accused persons are guilty for commission of the offence under Section 498-A read with Section 34 IPC. Thus, we have no hesitation to conclude that the findings as recorded by the learned Court below connecting the accused persons with the commission of an offence under Section 498-A read with Section 34 IPC are perverse and, therefore, findings to this extent are set aside. (Para 47, 52)
(B) Indian Penal Code, 1860 – Section 306 – Abetment for Suicide – Acquittal Valid – Appeal against acquittal – Appreciation of evidence – Held: Prosecution has failed to prove by leading clear, cogent and convincing evidence that the deceased was meted out with harassment by the accused persons just before her death or close proximate of her death, therefore, it can conveniently be held that the prosecution has miserably failed to prove the allegations of Section 306 IPC and, therefore, the accused persons have been rightly acquitted by the learned Court below. (Para 68)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 199 HP
Devinder Singh And Another Vs. State Of Himachal Pradesh
Criminal Appeal No. 507 of 2010 a/w with Criminal Appeal No.11 of 2011-Decided on 25-9-2023
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