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HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Lakhamanbhai Premajibhai – Respondent
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 28/03/2007 passed by the learned Additional Sessions Judge & Presiding Officer, Fast Track Court No.11, Gondal camp at Dhoraji (hereinafter referred to as “the trial court”) in Sessions Case No.182 of 1993, whereby, the learned Trial Judge has acquitted the original accused respondents herein for the offence punishable under Sections 498A, 306 and 114 of the Indian Penal Code (for short “the IPC”).
1.1 At the outset, it may be noted that the respondent No.1 – Lakhamanbhai Premajibhai, passed away on 09/05/2009 and respondent No.4 – Divaliben Lakhamanbhai passed away on 14/02/2020 pending the present appeal, and therefore, the present appeal stands abated qua respondent No.1 - Lakhamanbhai Premajibhai and No.4 - Divaliben Lakhamanbhai. The death certificates to that effect issued by the competent authority are placed on record.
2. The brief facts giving rise to the present appeal are as under :
2.1 An offence being C.R. No.100 of
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
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.
The court emphasized that mere allegations of harassment are insufficient to establish abetment of suicide; clear evidence of intent and coercion is required.
The appellate court upheld the trial court's acquittal due to insufficient evidence of abetment of suicide and cruelty, emphasizing the presumption of innocence and the burden of proof on the prosecu....
The prosecution must prove beyond reasonable doubt that the accused's conduct amounted to 'cruelty' leading to the victim's suicide, which was not established in this case.
Abetment of suicide – Merely on allegation of harassment without their being any positive action proximate to the time of occurrence on part of accused which led or compelled the person to commit sui....
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
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 substa....
The presumption of abetment under Section 113A of the Evidence Act does not apply automatically; the prosecution must prove cruelty to establish guilt under Sections 306 and 498A IPC.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for compelling evidence to overturn such decisions.
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