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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SAMIR J. DAVE, J.
STATE OF GUJARAT – APPELLANT
Versus
JAGJIVAN MEGHAJIBHAI KAPADIYA (ABETTED) & 4 OTHER(S) – RESPONDENT
CRIMINAL APPEAL NO. 2464 of 2009
Decided On : 10-12-2021
Code of Criminal Procedure, 1973 - Section 378 (1) (3) and 209 - Dowry Prohibition Act, 1961 - Section 3 to 10 - Indian Penal Code, 1860 - Sections 498-A, 306, 304-B and 114 – Demand of Dowry - Cruelty and Dowry Death - Committed suicide - Benefit of doubt - Appeal against Acquittal - Deceased married with accused Pas per rites and rituals of Hindu Society - Alleged that during her marriage life, accused persons have given mental and physical torture to decesaed by saying that she brought very less dowry and did not bring Sofa set during her marriage - Held, Trial court has given benefit of doubt to accused and this Court does not find any reason to interfere with said finding - Thus, from evidence itself it is established that prosecution has not proved its case beyond reasonable doubt - Learned APP is not in a position to show any evidence to take a contrary view of matter or that approach of the trial court is vitiated by some manifest illegality or that decision is perverse or that trial court has ignored material evidence on record - Court opinion that trial court was completely justified in acquitting respondents of charges leveled against them - This Court finds that findings recorded by trial court are absolutely just and proper and in recording said findings, no illegality or infirmity has been committed by it - This Court is, therefore, in complete agreement with findings, ultimate conclusion and resultant order of acquittal recorded by court below - Appeal dismissed.
JUDGMENT :
SAMIR J. DAVE, J.
1. The present appeal, under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 07.09.2009 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar, in Sessions Case No. 39 of 2001 whereby the accused were acquitted of the charges leveled against them.
2. The facts of the prosecution case in brief are as under:
1. That deceased Anjuben- sister of Gunvantbhai Girdhanbhai Faladu, resident of Rajkot married with accused Pareshbhai Jagabhai Kapadiya on 08.02.2000 as per the rites and rituals of Hindu Society. After her marriage, she has started residing at her in-laws house in joint family consisting of father-in-law and mother-in-law and her husband. It is alleged that during her marriage life, the accused persons have given mental and physical torture to Anjuben by saying that she brought very less dowry and did not bring the Sofa set during her marriage. Thus, on account of such mental and physical torture being administered by the accused persons every now and then and also subjected her to cruetly, Anjuben could not bear the same and she committed suicide on 25.05.2000. Therefore, a complaint was lodged against the accused before Bhavnagar A. Division Police Station for the offence punishable under Sections 498-A, 306, 304-B and 114 of the Indian Penal Code and Section 3 to 10 of the Dowry Prohibition Act, 1961. The complaint was registered as C.R. No. I-277 of 2000.
2. Necessary investigation was carried out and statements of witnesses were recorded. Ultimately, charge-sheet was filed before the Court of learned Chief Judicial Magistrate, Bhavnagar.
3. Thereafter, as the case was exclusively triable by the Sessions Court the same was committed to the Court of learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar under Section 209 of Cr.P.C. The case was numbered as Sessions Case No.39 of 2001. The trial was initiated against the respondents-accused.
4. To prove the guilt against the accused the prosecution has examined the following witnesses:
| Witness No. | Name of the witness | Exh. No. |
| 1. | Complainant- Gunvantbhai Girdharbhai Faddu |
|
| 2. | Babubhai Bachubhai |
|
| 3. | Rameshbhai Bachubhai Hirpara |
|
| 4. | Dr. Vijaychandra Ramdevputram |
|
| 5. | Bhavnaben Maheshbhai |
|
| 6. | Devendrakumar Akshaykumar Dave |
|
| 7. | Rasilaben Babubhai Rathod |
|
| 8. | Investigating Officer- Anirudhdhsinh Jilubhai Gohil |
|
5. In order to support the case the prosecution has produced the following documents:
| Sr. No. | Documents | Exh. No |
| 1 | Complaint | 40 |
| 2 | Yadi for Postmortem note of deceased | 44 |
| 3 | Form regarding noting of death | 45 |
| 4 | Postmortem report | 46 |
| 5 | Inquest panchnama | 49 |
| 6 | Panchnama of the scene of offence | 50 |
| 7 | Arrest panchnama of the accused | 51 |
| 8 | Arrest memo | 52 |
| 9 | Report for inclusion of charge under section 304-B of the IPC | 53 |
| 10 | Copy of station diary | 54 |
| 11 | Yadi for registration of complaint | 56 |
| 12 | Copy of station diary | 57 |
| 13 | Order of investigation | 58 |
| 14 | Yadi to perform postmortem | 59 |
| 15 | Yadi for inquest panchnama and to fill up form regarding noting of death. | 60 |
| 16 | Report under section 174 of the Code of Criminal Procedure | 61 |
| 17 | Yadi of PSI, A. Division FSL Bhavnagar. | 62 |
| 18 | Yadi to Prince Studio, Bhavnagar by PSI | 63 |
| 19 | Report of FSL, Bhavnagar | 65 |
| 20 | Letter of FSL, Junagadh | 66 |
| 21 | Letter addressed to FSL, Junagadh by PSI | 67 |
| 22 | Letter of FSL, Junagadh | 68 |
| 23 | Visera Report of FSL Junagadh. | 69 |
6. At the end of trial, after recording the statement of the accused under Section 313 of Cr.P.C and hearing arguments on behalf of prosecution and the defence, the learned Additional Sessions Judge acquitted all the accused persons of all the charges l
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