IMPORTANT POINT
The prosecution must provide clear evidence of instigation or connection to establish charges of cruelty and abetment of suicide under IPC; mere allegations are insufficient.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present appeal is filed by the appellant-State of Gujarat under Section 378(4) of the Code of Criminal Procedure, 1973 against the impugned judgment and order of acquittal dated 29.09.2007 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Kachchh at Gandhidham (hereinafter referred to as “the Trial Court”) in Special Case No. 12 of 2006, whereby, the Trial Court has acquitted the original accused respondents herein for the offence punishable under Section 498(A), 114 and 306 of the Indian Penal Code (hereinafter be referred to as “the IPC”).

2. Brief facts of the present case, in nutshell, are as under:

2.1 It is alleged that the marriage of Rudiben daughter of the complainant was solemnized with accused No. 1 as per their rituals and Rudiben and accused No. 1 were residing at Village: Aadhoi Kakariya and she was pregnant. It is also alleged that within a period of one year and three months of the marriage, Rudiben came at her parental home many times and informed the complainant that accused No. 3 instigated accused No. 1, who treated Rudiben with mental and physical cruelty for household work and in turn all the accused were giving mental and physical torture to Rudiben. It is alleged that Rudiben has committed suicide by hanging herself on account of mental and physical torture by the accused.

2.2 On the basis of the said incident, the FIR being C.R. No. I - 102/2005 came to be lodged with Aadhoi Police Station for the offence punishable under Sections 498A, 306 and 114 of the IPC against the accused and they were arrested. The Investigating Officer has recorded statements of the witnesses and collected necessary evidence against the accused.

2.3 After completion of investigation, as the sufficient evidence was found, the police has filed the charge-sheet against all the accused before the Court of learned Judicial Magistrate, First Class, Bhachau. As the offence was triable by the Court of Sessions, the Gandhidham Court has committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions at Kachchh-Bhuj wherein it has been registered as Sessions Case No. 12 of 2006.

2.4 The charge against the accused came to be framed by the Trial Court on 05.04.2006 vide Exhibit 1 for the aforesaid offences against the accused and explained it to them, the accused have denied having committed any offence. The accused pleaded not guilty to the charge and pleaded for trial and hence, the case was tried by the learned Additional Sessions Judge.

2.5 To prove the case, the prosecution has examined the following witnesses:

2.6 In addition to this, the prosecution has also produced the following documentary evidence:

2.7 After closure of the evidence, further statements of the accused under Section 313 of the Criminal Procedure Code, 1973 have been recorded. After hearing both sides and considering the evidence on records, the Trial Court by impugned judgment and order has acquitted the accused from all the charges levelled against them.

3. Being aggrieved by and dissatisfied with the aforesaid judgment and order of acquittal the appellant-State of Gujarat has preferred this Appeal.

4. Heard Ms. Jyot