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J. C. DOSHI
Jaydeepsing Pravinsinh Chavda – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
J. C. Doshi, J.
1. This revision under Section 397 read with Section 401 of the Cr.P.C. challenges the order passed below Exhibit-19 in Sessions Case No.151 of 2021 whereby learned 2nd Additional Sessions Judge, Mehsana declined to discharge the petitioners – accused from offence punishable under Section 306, 498A and 114 of IPC.
2. The facts which can be outlined in brief are as under :-
2.1 The petitioner No.1 and deceased wife were married in the year 2009 and thereafter the deceased wife was living with her matrimonial house. During the wedlock the deceased wife gave birth to a child named Kanji. It is alleged that accused petitioners sold away the gold ornaments of the deceased and when the deceased used to demand her gold ornaments, she was subjected to physical and mental cruelty by the petitioners. Ultimately, on 18.04.2024, the deceased committed suicide. Thereafter, FIR came to be filed against the petitioners and the case was committed to Sessions Court. Petitioners earlier filed quashing petitions before this Court which were disposed of vide order dated 28.06.2023. Thereafter, petitioners filed SLP (Criminal) No.9461 of 2023 before Hon’ble Supreme Court which al
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; a direct nexus between the accused's actions and the suicide must be established.
At the stage of framing of charge, the court must prima facie consider whether there is sufficient ground for proceeding against the accused, without appreciating evidence for conviction.
At the stage of framing charges, the Court should only consider whether a prima facie case is made out, without conducting a mini trial or examining the probative value of evidence.
At the initial stage of deciding whether the accused ought to be discharged, the truth, veracity, and effect of the evidence are not to be meticulously judged. The accused has no right to produce any....
The main legal point established in the judgment is the importance of evaluating the evidence at the stage of framing charges, emphasizing the need for strong suspicion based on material to justify f....
The main legal point established in the judgment is the requirement of strong suspicion and examination of circumstances to determine instigation for abetment of suicide under Section 306 of IPC.
word "ground" according to Black's Law Dictionary, Black's Law Dictionary, 9th Edition connotes foundation or basis, and in the context of prosecution in a criminal case, it would be held to mean bas....
The court emphasized the need for a prima facie case to be made out against the accused while framing charges, and the importance of considering the broad probabilities of the case and the total effe....
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
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