(1.) In relation to FIR No.26/09, dated 24.1.2009, registered at Police Station Jawali, District Kangra, Himachal Pradesh, for having committed an offence under Section 498-A of the Indian Penal Code, accused-respondent Raj Kumar (hereinafter referred to as the accused) was charged for having subjected his wife Usha Devi (deceased) to cruelty, as also abetted her to commit suicide, punishable under the provisions of Sections 498-A and 306 of the Indian Penal Code.
(2.) Trial Court acquitted the accused, discarding dying declaration (Ex.PW-2/A) made by the deceased not to be voluntary in nature, and disbelieving the testimonies of her parents, Sh. Karam Chand (PW-2) and Smt. Preeto Devi (PW-3), and brother Sh.Amandeep (PW-5) as also co-villager Sh. Vinay Verma (PW-14) being not worthy of credence.
(3.) A Constitution Bench of the Hon'ble Supreme Court of India in M.G. Agarwal v. State of Maharashtra, 1963 AIR(SC) 200, has held that in dealing with an appeal against the judgment of acquittal, normally the appellate Court should be slow in disturbing findings of fact recorded by the trial Court. However, there is a caveat to such principle. Such findings have to be based on proper and complete appreciation of evidence. Also jurisdiction and power of the appellate Court is to reappreciate the evidence but with caution, yet the Court is not to substitute its own opinion with that of the trial Court.
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