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RAJENDRA M. SAREEN
State of Gujarat – Appellant
Versus
Hajuben W/o Hushenbhai Mamadbhai Notiyar – Respondent
JUDGMENT :
1. This appeal is filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 15.07.2016, passed in Sessions Case No. 45 of 2012 by the learned 6th Additional Sessions Judge, Jamnagar recording the acquittal.
2. Facts in brief are that on 03.08.2011 in the morning hours, when complainant was coming towards Jamnagar from Jabalpur, when he reached near Lalpur Chowkdi, has received telephonic message that his mother - Pravinaba has received burn injuries and she is admitted in GG Hospital, Jamnagar. When he reached the hospital, his mother was in burnt condition and she had stated to the complainant that on 03.08.2011 at about 6:00 a.m., when she was going for latrine, their neighbour Hajuben, who is accused No.1 in this case came out from her house and started combing her hair in front of deceased Pravinaben. Hence, she felt that accused No.1 will do something to her and therefore, she went to her house and took out kerosene tin and went to the kitchen of accused No.1, poured kerosene on herself and burnt herself. Therefore, case of the complainant is that his mother deceased – Pravinaba committed su
Appeal against acquittal – Accused having secured his acquittal, presumption of his innocence is further reaffirmed and strengthened by trial Court.
The judgment reaffirms the principle of presumption of innocence, the need for clear evidence in cases of abetment of suicide, and the reluctance to disturb a trial court's finding of acquittal unles....
Appeal against acquittal – When two views are possible, judgment and order of acquittal passed by trial Court should not be interfered with by Appellate Court unless for special reasons.
The essential ingredients of the offence under Section 306 IPC are (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide.
In acquittal appeals, the presumption of innocence is paramount, and the appellate court should not interfere unless the trial court's conclusions are unreasonable or perverse.
The court emphasized that mere allegations of harassment are insufficient to establish abetment of suicide; clear evidence of intent and coercion is required.
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