Sureshwar Thakur, J. (Oral) - The State of Himachal Pradesh is aggrieved by the findings of acquittal recorded in favour of the respondents/accused by the learned Additional Sessions Judge (II), Mandi, District Mandi, H.P. Being aggrieved, it has sought the leave of this Court for instituting an appeal therefrom for assailing it.

2. Briefly stated the facts of the case are that on 8.6.2011 Kishan Singh came to Police Station Sadar Mandi and informed that his daughter-in-law Pammi Devi had committed suicide by hanging herself. On the basis of aforesaid information rapat Ex.PW-19/A was drawn in police station Sadar Mandi and one lady constable was called from P.P.City, Mandi to visit the spot by Inspector/SHO Surinder Pal. The police party headed by PW-17 Surinder Pal rushed to the place of occurrence. Apart from this, Local Pradhan Poonam was also informed with regard to aforesaid occurrence telephonically. On reaching the spot the police party found that the dead body of deceased Pammi was lying on the floor having duptta around her neck which was already cut before the arrival of police and half of its piece was hanging with the wood plank/Kari of the roof and one ladder was also put along with wall inside the kitchen. PW- 17 Inspector Surinder Pal recorded the statement of Parma Ram, father of deceased under Section 154 Cr.P.C. Ext.PW- 1/A. On the basis of aforesaid statement he sent a ruqua through constable Suresh Kumar to police station Sadar Mandi. SI Sardari Lal made his endorsement over ruqua and had also drawn case F.I.R. Ext.PW-15/A. The matter was partly investigated by PW-17 Surinder Pal. He recovered half piece of duptta from plank and from the neck of the deceased and both pieces were stitched and were taken into possession vide recovery memo Ext.PW-2/A. Accused Heema Devi produced one knife which was used by her to cut duptta. The aforesaid knife was taken into possession vide seizure memo Ext.PW-17/E. PW-17 Surinder Pal moved application to medical officer ZH Mandi with the prayer to conduct the postmortem upon the body of deceased and obtained postmortem report Ext.PW-7/A. He had also recorded the statements of witnesses as per their version. After receiving chemical examiners report Ext.PW-17/F11 to Ex.PW-17/F-13 and on completion of investigation PW-17 Inspector/SHO Surinder Pal found that the deceased had committed suicide on the abetment of accused persons.

3. On conclusion of the investigation into the offence allegedly committed by the accused, report under Section 173 of the Criminal Procedure was prepared and filed in the Court.

4. The accused were charged by the learned trial Court for theirs having committed offences punishable under Section 306 and 498A of the IPC. In proof of the prosecution case, the prosecution examined 17 witnesses. On conclusion of the recording of the prosecution evidence, the statements of the accused under Section 313 of the Code of Criminal Procedure were recorded by the learned trial Court, in which the accused claimed innocence and pleaded false implication in the case.

5. On an appraisal of evidence on record, the learned trial Court returned findings of acquittal in favour of the accused/respondents.

6. The State of H.P. is aggrieved by the judgement of acquittal rendered by the learned trial Court. The learned Additional Advocate General has concerted to vigorously contend qua the findings of acquittal recorded by the learned trial Court being not based on a proper appreciation of evidence on record, rather theirs being sequel-led by gross mis-appreciation of material on record. Hence, he contends for leave being granted to the State of H.P. to institute an appeal therefrom for assailing it.

7. I have heard the learned Additional Advocate General at length and have also gone through the entire material on record.

8. Accused Kishan Singh is the father in law and accused Heema Devi is the mother-in-law of the deceased. Accused Heema Devi stands alleged to have perpetrated maltreatment upon the deceased comprised in hers taunting her for not conceiving a child whereas the maltreatment perpetrated upon the deceased by accused Kishan Singh stands alleged to arise from his act of demanding nose ring/nath from the deceased. The aforesaid purported acts of maltreatment besides illtreatment perpetrated by the accused upon the deceased stands espoused by the prosecution to have instigated the deceased to commit suicide. The principal prosecution witness PW-1 Parma Ram who lodged a report qua the incident under Section 154 Cr.P.C. which stands comprised in Ext.PW-1/A has during the course of his deposition recorded on oath before the learned trial Court resiled from its contents. A close reading of his deposition recorded on oath by the learned trial Court unveils the factum of his deceased daughter having never made a disclosure to him of any of the accused having perpetrated any illtreatment or maltreatment upon her besides has divulged therein of his deceased daughter never disclosing to him of any of the accused ever demanding dowry from her. Furthermore, he has disclosed in his deposition of his being unaware qua the reason which led his deceased daughter to commit suicide. Moreover, he has in his deposition recorded on oath before the learned trial Court categorically divulged therein of his deceased daughter having never made any disclosure to him of any of the accused ever having perpetrated any physical violence upon her. Preponderantly, he has therein divulged of his having lodged report Ext.PW-1/A merely on suspicion. Apart therefrom he has disowned the contents of Ext.PW-1/A by testifying before the learned trial Court of its not embodying his version rather the scribing of its recitals being solely at the behest of the police. In sequel, he has not lent proof to the prosecution case comprised in Ext.PW-1/A. The mother of the deceased who stepped into the witness box as PW-3 has also not supported the prosecution case. There is an unequivocal denial in her deposition of hers ever having disclosed to the police of her deceased daughter being led to commit suicide arising from ill-treatments besides maltreatments standing meted to her by any of the accused. Furthermore, she has in her deposition unveiled the factum of no disclosure standing purveyed to her by her deceased daughter on the latters visiting her parental house of any of the accused perpetrating any mal-treatment/illtreatment upon her besides in her deposition she has corroborated the testimony of PW-1 of Ext.PW-1/A being a sequel of mere suspicion.

9. Cumulatively, with the aforesaid prime prosecution witnesses who are the parents of the deceased not supporting the version comprised in Ext.PW-1/A saps the vigour of the espousal of the learned Additional Advocate General of the learned trial Court having mis-appraised besides its having not appraised the relevant and germane evidence. Rather the attribution of guilt to the accused in Ext.PW-1/A when thrown overboard by the depositions on oath of parents of the deceased emaciates the genesis of the prosecution case of the alleged perpetrations of penal misdemeanors upon the deceased by each of the accused as stand respectively attributed to them having fomented or instigated the deceased to commit suicide. For the reasons which have been recorded herein above, this Court holds 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 evidence on record, rather it has aptly appreciated the material available on record. Consequently, the instant application is dismissed, in sequel, the prayer of the State of Himachal Pradesh for grant of leave to appeal against the judgment of the learned trial Court is refused.