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HEMANT M. PRACHCHHAK
State of Gujarat Thro – Appellant
Versus
Sanjay Kailashchandra Tiwari – Respondent
JUDGMENT :
Hemant M. Prachchhak, J.
1. The appellant-State of Gujarat has preferred the present Appeal under Section 378(1)(3) of the Code of Criminal Procedure ("Cr.P.C." for short) against the judgment and order of acquittal dated 28.2.2007 passed by the learned Additional Sessions Judge and Presiding Officer, FTC-2, Ahmedabad (hereinafter be referred to as “the trial Court”) in Sessions Case No. 412 of 2006 whereby the respondents-original accused persons were acquitted from the charges levelled against them under Sections 306, 498(A) read with Section 114 of the Indian Penal Code (hereinafter be referred to as "I.P.C.").
2. The facts giving rise to present Appeal are that the complainant Mahendra Hanuman Prasasd Sharma lodged complaint with Bapunagar Police Station being I-CR-No- 70/06 against the accused persons for the offences punishable under Section 306, 498 [A] read with 114 of I.P.C. stating that on 7/11/2000 marriage of his daughter viz. deceased Ushaben was taken place with accused no.1 Sanjay Kailashchandra Tiwari, residing at Nil Housing Society Chali, Behind Soneriya Block, Bapunagar, Ahmedabad.
2.1 Thereafter, the accused persons pressurized deceased Ushaben to held he
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 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 appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for compelling evidence to overturn such decisions.
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 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 prosecution failed to establish the elements of abetment and cruelty, leading to the upholding of the trial Court's acquittal.
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....
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.
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