Back
2024 Supreme(Guj) 617
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VAIBHAVI D. NANAVATI, J.
The State of Gujarat – Appellant
Versus
Rameshbhai Karshanbhai Gohil and Others – Respondents
Criminal Appeal No. 435 of 2008
Decided On : 15-05-2024
Advocate Appeared:
For the Appellant : Dhawan Jayswal.
For the Respondents: Virat G. Popat, Rajal D. Mandora.
IMPORTANT POINT
The judgment reaffirms the principle that an appellate court should not disturb the finding of acquittal unless there is manifest illegality or perversity in the decision, and emphasizes the double presumption of innocence in favor of the accused.
Headnote:
Indian Penal Code - Acquittal - Sections 498(A), 306, and 114 - Indian Evidence Act - Section 113(A)
Fact of the Case:
The case involved the acquittal of the respondents for the offences punishable under Sections 498(A) read with Sections 306 and 114 of the Indian Penal Code. The prosecution alleged that the deceased was subjected to mental and physical torture by the respondents, leading to her suicide by self-immolation.
Finding of the Court:
The court found that the evidence presented by the prosecution, including the Dying Declaration, Janva Jog Entry, and Inquest Panchnama, did not establish the guilt of the accused beyond reasonable doubt. The court also emphasized the presumption of innocence in favor of the accused and the need for compelling reasons to disturb the finding of acquittal.
Issues: The key issues revolved around the sufficiency of evidence to prove the guilt of the accused, the credibility of witness testimonies, and the interpretation of the Dying Declaration and other documentary evidence.
Ratio Decidendi: The court applied the legal principles established in various judgments, emphasizing the reluctance to interfere with the finding of acquittal unless there is manifest illegality or perversity in the decision. The court also highlighted the double presumption of innocence in favor of the accused and the need for compelling reasons to reverse an acquittal.
Final Decision: The appeal was dismissed, and the judgment and order of acquittal were confirmed, as the court found no grounds for interference with the decision of the trial court.
JUDGMENT :
VAIBHAVI D. NANAVATI, J.
1. By way of this Appeal, the Appellant-State is aggrieved by the judgment and order of acquittal dated 30.03.2007 passed by the learned Additional Sessions Judge, Fast Track Court No. 5, Jamnagar in Sessions Case Nos. 113 of 2006 and 114 of 2006 whereby the respondents were acquitted for the offences punishable under Sections 498(A) read with Sections 306 and 114 of the Indian Penal Code.
2. The case of the prosecution is as under:
2.1. The complainant-Nanjibhai Arjanbhai Dhokia registered a complaint with ‘B’ Division Police Station, Jamnagar City stating that his daughter got married with the (husband) accused No. 1-Rameshbhai Karshanbhai Gohil about two years prior to the date of incident. The respondent Nos. 2 and 3 are the sister-in-law and mother-in-law respectively of the deceased. It is alleged that after six months of the married life, the respondents started torturing mentally and physically the victim and as result of which, she committed suicide by pouring kerosene on her body and setting herself on fire.
2.2. On the basis of the complaint filed, the investigation commenced. Charges were framed against all the original accused in the Court of the learned Judicial Magistrate First Class. Since it was a Sessions triable case, the learned Judicial Magistrate First Class committed the case to the Court of Sessions.
2.3. At the time of the trial, the prosecution examined the following witnesses:
The prosecution also relied upon various documentary evidence, some of them are:
|
| Particulars | Exhibit |
| PW-1 | Nanjibhai Arjanbhai Dhokia (Father of the deceased) | 16 |
| PW-2 | Dr. Nilesh Prabhakar Trivedi | 19 |
| PW-3 | Manjuben Nanjibhai (mother of the deceased) | 24 |
| PW-4 | Kesarben Devjibhai | 25 |
| PW-5 | Arjanbhai Gordhanbhai | 26 |
| PW-6 | Dr. Prithvirajsinh Chandrasinh | 28 |
| PW-7 | Gambhirsinh Ramsinh Jadeja | 34 |
| PW-8 | Gandubhai Gokalbhai Sakariya (Investigating Officer) | 40 |
The prosecution also relied upon various documentary evidence, some of them are:
| Particulars | Exhibit |
| Original Complaint | 17 |
| Receipt for handing over of the body | 18 |
| Yadi written by Dr. Nilesh Trivedi, the treatment papers as also the provisional Death Certificate | 20 |
| The Patient Card prepared by Dr. Nilesh Trivedi | 21 |
| Panchnama of the place of incident | 22 |
| Inquest Panchnama | 23 |
| Post Mortem Report | 29 |
| Yadi forwarding the Post Mortem Report | 30 |
| Special Report | 38 |
| Original Copy of the Janva Jog Entry No. 356 of 2005 | 39 |
| Yadi forwarding the Inquest Panchanama | 42 |
| Initial Report given by the FSL Officer regarding the place/scene of incident | 45 |
| Dying Declaration of the deceased (Tentative) | 47 |
2.4. At the end of the trial, further statement of the accused under Section 313 of the Code of Criminal Procedure was recorded in which the respondents pleaded not guilty and stated that they have been falsely implicated in the offence. Thus, after recording the further statement of the accused and hearing the arguments of both the sides, the learned Additional Sessions Judge passed the impugned judgment and order. Being aggrieved by the same, the present Appeal has been filed by the State, as aforesaid.
3. Learned Additional Public Prosecutor Mr. Dhawan Jayswal for the appellant – State has taken this Court to the medical evidence and has submitted that the presence of the accused is proved in the commission of the crime. It is further submitted that learned Judge has erred in discarding the evidence of the complainant, whose evidence gets corroborated from the First Information Report which was lodged after the incident. It is also submitted that the learned Judge has failed to appreciate the evidence of the PW-1, father of the deceased (the complainant). In addition, the evidence of PW-2, the mother of deceased also establishes that the deceased was subjected to physical and mental torture. In addition, the
