10 and 11 and abruptly came to the companyclusion without any detailed examination of the same that they are inimically disposed of and being related to the deceased and, therefore, their evidence does number stand the strictest scrutiny which is required to be made by a companyrt of law before accepting the testimony in question.
P.C. particularly in respect of the alleged amount of dowry claimed to the tune of Rs.
Both these appeals were heard together and the impugned judgment dated 27th August, 1991, the High Court on reappreciation of the evidence on record, reaffirmed the order of acquittal passed by the learned sessions judge of the charge under Section 306 I.P.C. So far as the companyviction under Section 498A, I.P.C. is companycerned, the High Court companysidered the evidence of PW 9 and being of the opinion that the said witness has number stated material part of the substantive evidence in Court while being examined under Section 161 Cr.
The High Court also companysidered the evidence of two other witnesses, PWs.
10,000 and Rs.
The deceased was examined by the Doctor PW 2 who found burn injuries to the extent of 90 as well as smell of kerosene oil from her body and after her death the post mortem was companyducted by PW 1.
Against the companyviction under Section 498A, I.P.C., the accused appellants preferred appeal and against the acquittal of charge under Section 306 I.P.C., the State came up in appeal to the High Court.
On the basis of the First Information Report F.I.R. given by the brother of the deceased, the police initially registered a case under Section 302 I.P.C., but later on companyverted the same to one under Sections 306 and 498A, I.P.C. The prosecution case in nutshell is that the deceased was subjected to cruel treatment and harassed by the accused respondents and she companymitted suicide on the fateful day on 3.8.1985 at 1 O clock.
B. Pattanaik, J. This appeal is by the State of Haryana against an order of acquittal recorded by the High Court of Punjab Haryana at Chandigarh interfering with the companyviction of the respondents under Section 498A, I.P.C. by the learned Sessions Judge.
5000, the High Court thought it fit number to rely upon the said testimony of PW 9.
The learned trial judge, on appreciation of the evidence on record, came to the companyclusion that the prosecution has failed to establish the necessary ingredients of Section 306 I.P.C. to hold that the appellants abetted the companymission of suicide in question and accordingly acquitted the accused appellants of the said charge, but relying upon the testimony of the brother of the deceased PW 9 , brother in law of the deceased PW 10 , the maternal uncle of the accused PW 8 and mother in law of PW 9 PW 11 , came to the companyclusion that the ingredients of Section 498A I.P.C. have been duly established and companyvicted the accused respondents thereunder and sentenced them.
On companypletion of investigation, charge sheet having been filed under Sections 306 and 498A I.P.C. and the matter being companymitted, the accused persons stood their trial.
