The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for compelling evidence to overturn such decisions.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The appellant-State of Gujarat has preferred this appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 01.10.2010 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Dahod (hereinafter be referred to as “the trial Court”) in Sessions Case No. 163 of 2008, whereby the trial Court has acquitted the accused from the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code (hereinafter be referred to as “the IPC”).

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

2.1 It is the case of the complainant that on 29.03.2008, the complainant Nanabhai Shanabhai Pagi, resident of Pipero, Taluka: Janvad, Santarampur lodged the complaint at Limkheda Police Station to the effect that his daughter Sangeeta married with Girvatbhai son of Laxmanbhai Mumabhai Bariya at Village: Pisoi, as per their rituals. It is alleged that after the marriage, his daughter Sangeeta was residing with her in-laws with her husband, mother-in-law Bhaliben and father-in-law Laxmanbhai and brother-in-law Pakabhai. After marriage, her daughter-in-law used to come as a guest at their house during the festival at that time she has not made any complaint with regard to any harassment and cruelty. That on 23.03.2008, when his daughter and son-in-law Girwatbhai Janwad came at his house, his daughter seemed upset, so he and his wife asked Sangeeta why she was upset, at that time Sangeeta told that her ornaments were pledged by her mother-in-law, father-in-law and husband and they did not give back and when she asked them to give it back, they they fought with her. Then his daughter and son-in-law stayed there for four days and dated and left for Village Pisai on 27.03.2008 at three o'clock in the afternoon. It is alleged that at seven o'clock in the evening, Sangeeta got a call from Pisai Village and she told his wife Gajraben on the phone that they came there and picked up her and she also told that her husband got up to beat her when she asked him to release her ornaments as a pledge and her mother-in-law and father-in-law told her that she would bring money from her father and release the ornaments. It is alleged that on 28.03.2008 at nine o'clock, in the morning, Police Constable of Randhikpur Police Station received a call that his (complainant) daughter Sangeeta has fallen into the well and died, so they needed immediate help. Thereafter, the dead-body was brought out from the well in presence of the complainant, the panchnama was carried out. The incident had occurred on 27.03.2008 between ten to twelve o'clock. After marriage of the deceased, her mother-in-law stayed at Village: Pisoi, and husband of the deceased and mother-in-law had mortgaged her ornaments, which her motherin- law, father-in-law, brother-in-law and husband had quarreled with the deceased about the redemption and they were harassing and torture her and therefore the deceased committed suicide. The FIR being C.R. No. 61/2008 was registered before the Limkheda Police Station for the offences punishable under Sections 498A, 306 and 114 of the IPC.

2.2 Pursuant to the aforesaid FIR, the police started investigation and prepared panchnama of the scene of offence as well as prepared inquest panchnama and recorded the statements of various witnesses and arrested the accused and after completion of investigation, as the sufficient evidence was found, the police has filed the charge-sheet against the accused before the Judicial Magistrate, First Class. As the offence was triable by the Court of Sessions, the Judicial Magistrate, First Class has committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions at Surendranagar wherein it has been registered as Sessions Case No. 520 of 2008.

3. The charge against the accused came to be framed by the trial Court on 09.07.2009 vide Exhibit 2 for the aforesaid offences against the accused. On