Jitendra Chauhan, J.

Naresh Kumar accused/appellant has been convicted for offence under Section 306 IPC for abeting the Commission of suicide by his wife Renu. He has been sentenced to undergo Rigorous Imprisonment for a period for four years and to pay a fine of Rs. 10,000/- or in default of payment of fine to further undergo Rigorous Imprisonment for six months.

2. Along with the accused/appellant, his father Tirath Ram and mother Santosh Rani were also tried. The learned trial Court acquitted them of the charges. His sister Sonia was also separately tried being juvenile.

3. Brief facts of the prosecution case are that Asha Rani, PW-3, made a statement before ASI Jagjiwan Kumar in Chowk Basti, Bus stand, Jalandhar at about 4:30 p.m. On 20.07.1999 that her daughter Mrs. Renu was married to Naresh Kumar Aggarwal appellant on 19.06.1998, according to hindu rites and customs. After the marriage of her daughter Renu, her in-laws used to demand money in connection with dowry. On the demands not fulfilled, the in-laws used to harass and beat her daughter. Asha Rani, PW-3 had a talk with her relative Raman Kumar, PW-4, who is Nephew of Asha Rani, PW-3 and Ashwani Kumar, PW-7 her son-in- law. They complained to them. After sometime Renu had come to the house of Asha Rani, PW-3 after the accused had given beatings to her. On 19.07.1999 When Asha Rani, PW-3 was not in the house, Naresh Kumar Aggarwal accused, Santosh Rani mother-in-law and Sonia sister-in-law came to her house and gave abuse to Renu. An application Ex.PJ was submitted to the Police Station Division No. 2, Jalandhar. On this application the police summoned both the parties. The police fixed time to get the matter compromised for 20.07.1999 at 2:00 p.m., vide Ex.PG. On 20.07.1999 in the morning at about 9:30 p.m., the deceased returned and told Asha Rani, PW-3 that the accused had given something in glass of water when she went to give some clothes to her husband at her in-laws house and thereafter she started vomitting. She was taken to Batra Hospital where Dr. Vinod Batra, PW-2 attended her and sent ruqqa Ex.PE to the Police.

4. On the basis of the statement Ex.PF, formal FIR Ex.PF/1 was recorded at the Police Station. The special report reached Illaqa Magistrate at 9:40 p.m. on 20.07.1999. Dr. Vinod Batra, PW-2 referred the patient to DMC Hospital, Ludhiana. She died on the way near Phillaur. They returned back therefrom and deposited the dead body in Mortury of Civil Hospital, Jalandhar.

5. Dr. T.L. Chopra, PW-1 conducted the postmortem examination, the doctor could not opined about the cause of death. The stomach wash along with contents was sent for chemical examination. Ex.PB is the carbon copy of the postmortem report. The chemical examiner vide its report Ex.PD opined that Aluminium Phosphide was detected in the contents which was sent for chemical analysis. The cause of death was opined to be due to Aluminium Phosphide poisioning which was sufficient to cause death in ordinary course of nature vide Ex.PD/1. After completion of investigation challan against the accused was presented. The Judicial Magistrate, First Class, Jalandhar committed the case to the Court of Session for trial. Learned Sessions Judge, Jalandhar charged the accused/appellant, Santosh Rani and Tirath Ram (parents of the present appellant) under Section 302/34 IPC. In the alternative charge under Section 304B IPC was also framed. The learned Sessions Judge, Jalandhar acquitted Tirath Ram and Santosh Rani of the charges framed against him. The learned Sessions Judge also acquitted the present appellant of the charge under Section 302/34 IPC and 304B IPC but convicted him under Section 306 IPC and sentenced as referred above.

6. In order to prove its case the prosecution examined star witnesses Asha Rani, PW-3, mother of the deceased, Raman Kumar, PW-4 and Ashwani Kumar, PW-7. Asha Rani proved her making statement Ex.PF, Raman Kumar, PW-4, proved the submission of application Ex.PJ to the police and an agreement Ex.PG by which the time of gathering for compromise was fixed at 2:00 p.m. For 20.07.1999. Ashwani Kumar, PW- 7, did not support the case of the prosecution. He was declared hostile he is the son-in-law, Asha Rani, PW-3 and brother-in-law the deceased.

7. Dr. T.L. Chopra, PW-1 proved postmortem report Ex.PB dated 21.07.1997. Dr. Vinod Batra, PW-2 proved sending of ruqqa Ex.PE to the police.

8. Dalip Singh, Draftsman, PW-5 proved scaled plan Ex.PK, Constable, Tarsem Singh, PW-6, Head Constable, Satnam Singh, PW-8, Constable Ram Pal, PW-10 and Constable Rajinder Singh, PW-11 proved their formal affidavits Ex.PL, Ex.PN, Ex.PX and Ex.PY respectively. ASI, Jagjiwan Ram, PW-9, conducted the investigation.

9. In a statement under Section 313 Cr.P.C. the accused/appellant stated as under:-

"About two months after the marriage I along with my wife started living in New Adarsh Nagar, Jalandhar in a rented house. About one month prior to her death my wife had gone to her parental house due to ailment. My mother-in-law got the work of stitching done from my wife and was getting her earning and due to this reason my mother-in-law used to create troubles in sending my wife to my house. On 19.07.1999 my wife moved a false application against me. On 20.07.1999 I came to know that my wife had died. I do not know how she died. I am innocent. I have been falsely implicated in this case."

10. The accused examined Raj Kumar, PW-1 and Chaman Lal, PW- 2 in defence. These witnesses stated that the deceased never came to the house of the accused/appellant to give clothes on 20.07.1999. Chaman Lal, DW-2, also proved a resolution of Mohalla Wala Ex.D1, asserting that the accused/appellant had been falsely implicated in this case.

11. The learned counsel for the appellant submits that it is a false case. The offence under Section 306 IPC is not supported by any evidence. The allegation set out by the prosecution is that the deceased, Renu, who was living with her mother at her house for the last one month prior to the occurrence, had on the fateful day gone to the house of her husband to give some clothes where she was administered something mixed in water. She allegedly came back vomitting and was taken to the Hospital, where after she died.

12. The entire set of evidence and appreciation of the facts would show that it is in fact the mother of the deceased who had been creating problems between the deceased and her husband, the appellant, who had admittedly taken up separate residence soon after the marriage, The poison was consumed at the house of the mother of the deceased once alleged averments of cruelty by the husband and others stands disbelieved, the onus would be on the mother. Besides, in the absence of proof of cruelty for demand of dowry, there being no charge under Section 498-A IPC and the appellant having been acquitted under Section 304-B IPC, the presumption of Section 113-A Indian Evidence Act would not be available to the prosecution to invoke the provisions of Sections 306 IPC.

13. The learned State counsel submits that the prosecution has fully proved its case Asha Rani, PW-3 supported the case of the prosecution which is corroborated by statement of Raman Kumar, PW-4. The report of chemical examiner confirmed that death was due to consuming of Aluminium Phosphide/Salphide.

14. I have heard the learned counsel for the parties and carefully gone through the record.

15. Asha Rani, PW-3 in her cross-examination admitted that her daughter Renu was living in her house for about a month before her death. She also admitted that she was not feeling well and therefore, she was living with Asha Rani, PW-3. She also admitted that after two months of her marriage, Renu and the present appellant had started living separately from the parents of the appellant by taking of room. She also stated that she is not aware if Renu had gone out of her house on the date of death but she saw her vomitting. She categorically admitted that it was a simple marriage and that accused had not demanded any dowry. When the matter was pending before the police, and the parties were summoned by the police to arrive at a compromise for 20.07.1999 at 2:00 p.m., there was no ocassion for Renu to go to the house of her in-laws in the morning at 9:30 a.m. The story put forward by the prosecution is improbable and unnatural and it is not believeable that wife would go to her estranged in laws or to her husband especially when the application Ex.PJ was pending before the police for the same day. It is also not believeable that the appellant would demand his clothes from Renu on that day. Raman Kumar, PW-4 stated that the deceased told them that the accused had given her some water, taking the same, she started vomitting. It is not believeable that the accused would give Aluminium Phosphide/Salphide in water. It is a matter of common knowledge that when the tin box of Aluminium Phosphide is opened it emits foul smell. What to talk of taking it in liquid even it becomes impossible to breathe near the Aluminium Phosphide. By all means it is impossible to administer it to other person in a glass of water. This is story put forward by Asha Rani, PW-3 which is not believeable. Moreover, when the hostilities between the parties were so intense, there is no question to offer the deceased anything.

16. On the other hand, Raj Kumar, DW-1 and Chaman Lal, DW-2 categorically stated that Renu, the deceased, did not come to the house of the accused/appellant. Meaning thereby Renu might have consumed Aluminium Phosphide/Salphide at the residence of her mother Asha Rani, PW-3. In order to shift burden Asha Rani, PW-3 had concocted the story that Renu consumed it at the house of her in-laws. When the matter was pending before the police and the parties were called at noon time, why Renu would go to the house of her husband early in the morning on the same day. The mother of Renu has concealed something from the Court and has not furnished any logical explanation as from where and in what manner the deceased consumed poison. It appears that Asha Rani, PW-3 was creating some problem in the matrimonial life of Renu, the deceased, who had taken up separate residence after the marriage and thereafter started living with her mother Asha Rani, PW-3. It was duty of the mother to explain the circumstances under which she consumed the poison.

17. Keeping in view, the plausible defence rendered by the accused/appellant, I am of the considered view that the prosecution has failed to prove its case against the accused/appellant beyond reasonable doubt.

18. Resultantly, this appeal is allowed, judgment of conviction and sentence of accused/appellant Naresh Kumar Aggarwal is set aside and he is acquitted all the charge under Section 306 IPC.

Appeal allowed.