IMPORTANT POINT
The appellate court upheld the trial court's acquittal of respondents due to insufficient evidence of cruelty and abetment of suicide, emphasizing the presumption of innocence and the need for substantial proof in such cases.

JUDGMENT :

Hemant M. Prachchhak, J.

1. The present appeal is filed by the appellant – State of Gujarat (original complainant) under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 31/07/2007 passed by the learned Additional Sessions Judge, Dahod (hereinafter referred to as “the trial court”) in Sessions Case No.185 of 2006, whereby, the trial court has convicted the respondent No.1 for the offence punishable under Section 498(A) of the Indian Penal Code (for short “IPC”) and ordered to suffer rigorous imprisonment of two years and imposed fine of Rs.5,000/-, and in default of payment of fine, further rigorous imprisonment of six months, whereas, the trial court has acquitted the respondent Nos.2 and 3 for the offence punishable under Section 498(A) of the IPC. The trial court also acquitted the accused – respondents herein for the alleged offence under Sections 306 and 114 of IPC.

1.1 At the outset, it may be noted that the respondent No.2 – Gangaben W/o. Laxmanbhai Mathurbhai Pithaya (original accused No.2), having expired pending the appeal, the appeal stands abated qua the said respondent No.2. Learned advocate for the respondents accused has produced copy of death certificate issued by the competent authority, which is taken on record.

2. The brief facts giving rise to the present appeal are that, according to complainant Sugraben, the marriage of deceased Hansaben had taken place with accused No.1 Dashrathbhai Laxmanbhai, resident of Dahod Tekri Dawakhana, Dahod according to custom of the society prior to seven years from the date of incident and she was not having any child during the wedlock. That, the marriage life of deceased Hansaben was going on smoothly and happily for a period of three years, but thereafter, she was subjected to cruelty by her husband as well as her father-in-law and mother-in-law on the ground of issue. It is further the case of prosecution that, prior to one month from the date of incident, daughter of complainant was to be examined by Gynecologist as she was not having any child and accordingly, she was beaten by her husband and sent back to her parental home for bringing money. At that relevant point of time, complainant had given consolation that she will inform to her son Ranjit for arrangement of money, and as such she was sent back to her in-laws’ house. Thereafter, on 15/07/2006, at about 7.30 hours, complainant had received a message on telephone that deceased Hansaben has committed suicide by way of strangulation and therefore, complainant Sugraben had filed the aforesaid complaint against respondents accused before Dahod Town Police Station, vide CR No. I-56 of 2006 for the alleged offences under Sections 498(A), 306 and 114 of IPC. After completion of investigation, charge-sheet came to be filed and the same was registered as Criminal Case No.1848 of 2006. As the offences committed by the accused persons were exclusively triable by the Court of Sessions as per the provisions of 209 of Criminal Procedure Code, the learned Judge committed the case to the Court of Sessions and the case was transferred and placed for trial before the learned Additional Sessions Judge, Dahod, which was numbered as Sessions Case No.185 of 2006. Thereafter, charge was framed against the accused persons for the offence punishable under Sections 498(A), 306 and 114 of the Indian Penal Code. The accused persons pleaded not guilty to the charges and claimed to be tried. The prosecution had therefore examined several witnesses and produced various documentary evidences on the record of the case.

2.1 It is the case of the prosecution that, the trial court after appreciating necessary evidence led by the prosecution, convicted the accused No.1 Dashrathbhai Laxmanbhai Pithaya for the alleged offence under Section 498(A) of IPC, whereas acquitted accused No.2 Gangaben W/o. Laxmanbhai Mathurbhai Pithaya and accused No.3 Laxmanbhai Mathurbhai Pithay