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A. Y. KOGJE
State Of Gujarat – Appellant
Versus
Dilipbhai Dhulabhai Parmar – Respondent
JUDGMENT :
A.Y. Kogje, J.
1. Present group of Appeals is preferred by the State under Section-377 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction under Section-498A of the INDIAN PENAL CODE for the purpose of enhancement and under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal of the respondents-accused for the offence under Section-306 of the INDIAN PENAL CODE and the Revision Application filed at the relevant time by the complainant challenging the acquittal of the respondents-accused for offence under Section-306 of the INDIAN PENAL CODE . Both the Appeals and Revision Application were ordered to be heard together under order dated 09-11-2022 by the Coordinate Bench and accordingly, all these matters are taken up for final disposal.
2. The State is in Appeal against the judgment and order dated 25-09-2009 passed by the Additional Sessions Judge and 3rd Fast Track Court, Panchmahal at Godhra in Sessions Case No.33 of 2009. Before the trial Court, five accused persons were tried for offence under Section-498A and Section-306 of IPC; accused No.1 being husband of the deceased-Minaben, the resp
The court upheld the conviction under Section 498A for mental cruelty but confirmed the acquittal under Section 306, determining the cause of death was an accidental fall, not linked to accused's act....
The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and cre....
Point of law : where the minimum punishment is prescribed for an offence and the Court proposes the impose the minimum punishment only, in that case the Court is not required to hear the accused on t....
Conviction under Section 498-A IPC cannot stand on hearsay evidence alone; direct proof of sustained cruelty or harassment is essential.
Conviction requires reliable, corroborative evidence beyond hearsay to prove charges under Sections 498A and 306 IPC.
Section 306 in Indian Penal Code reads as abetment of suicide.
The appellate court must respect the presumption of innocence and not interfere with acquittal unless the trial court's conclusion is unreasonable.
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