Cr.MP(M) No. 1253/2008 24.12.2008 Present: Mr. P.K. Sharma, Additional Advocate General, with Mr. P.M. Negi, Deputy Advocate General, for the appellant. Cr.MP(M) No. 1253/2008 State has applied for leave to appeal against the judgment dated 11th July 2008, delivered by the Additional Sessions Judge, Mandi, whereby respondent Heera Singh, who was charged with an offence, under Section 306 IPC, has been acquitted. In the year 2002, the respondent and the deceased Vimla were students of Senior Secondary School, Teban, in Karsog tehsil. They were allegedly having a love affair. On 28th November 2002, deceased Vimla met the respondent during recess hour and soon thereafter, she consumed poison. She was rushed to the hospital at Rampur Bushehar, but could not be saved. On 2nd December 2002, a suicide note Ext.PW12/A was recovered from her satchel. As per this note, Vimla Devi had conceived as a result of coitus with the respondent and when she apprised him of her pregnancy and asked him to marry her, he denied that he was responsible for the pregnancy and told her that she was free to take any step inclusive of ending her life, in case she felt that it would be shameful for her to deliver a child, while still unmarried. Trial Court has disbelieved the suicide note. It has come in evidence that Vimla Devi had been engaged to some Cr.MP(M) No. 1253/2008 other boy and was going to be married to him. Post-mortem report negatives the story of the deceased being pregnant, as appearing in the suicide note Ext.PW12/A. Now, when the deceased was not pregnant, the very genesis of the prosecution story goes. Prosecution did not lead any positive evidence indicative of the allegation that the deceased and the respondent were having a love affair. No witness came forward to say that they were ever seen indulging in any objectionable conduct, leave alone in a compromising position. Under these circumstances, we do not think this is a fit case for grant of leave to appeal. Hence, the application is dismissed. (R.B. Misra), J. December 24, 2008(vs) (Surjit Singh) J.