The appellate court upheld the trial court's acquittal, emphasizing the necessity of clear evidence of abetment for conviction under Section 306 IPC.

JUDGMENT :

(S. V. PINTO, J.)

1. This appeal has been filed by the appellant- State under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by learned Additional Sessions Judge, Fast Track Court, Patan (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 39 of 2007 on 11.01.2008, whereby, the learned Trial Court has acquitted the respondent Nos. 2 to 4 for the offence for the offence punishable under Sections 498-A , 306 and 201 of the Indian Penal Code, 1860 ( IPC ) and also acquitted the accused No. 1 from the offence punishable under Section 306 of the IPC.

1.1] Learned APP has produced the report of Police Inspector V.J. Parmar, In-charge Police Inspector Chanasma Police Station, District: Patan mainly stating that respondent No. 3 Balaji Talaji Thakor has expired on 22-09-2013 during the pendency of the appeal and a copy of the death certificate along with the statements of Badevji @ Bijalji Talaji Thakur, Viramji Talaji Thakor and Shaileshji Balaji Thakor have been produced and the report is taken on record. As per the death certificate, respondent No. 3 - Balaji Talaji Thakor has expired on 22-09-2013 and the copy of the death certificate, wherein the death has been registered in the Births and Deaths register with the Talati-cum-Mantri, Etoda Gram Panchayat, Taluka Chansma; District Patan is produced. In view of the above, the appeal qua respondent No. 3 stands abated.

1.1 The respondents are hereinafter referred to as “the accused” as they stood in the rank and file in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1] The accused No.1 Dashrathji Talaji Thakor was married to Jebarben more than 10 years prior to the incident. The accused No.3 is the elder brother-in-law of the accused No.1 and the accused Nos. 2 and 4 are the younger brothers of the accused No.1 and all the 3 accused were the brothers-in-law of Jebarben. The accused No.1 would not do any work and whenever Jebarben would tell him to do some work, he would get angry and physically and mentally harass Jebarben and the accused Nos. 2 to 4 would abet in the harassment. On 18th May 2007, Jebarben was so fed up with the harassment that she sprinkled kerosene on her body and set herself ablaze and committed suicide. The complaint was filed by her brother Sawaji Bajuji Thakor at Chanasma Police Station under Sections 306, 201 and 114 of the IPC , which was registered at Chanasma Police Station being I-C.R.No.62 of 2007.

2.2] The Investigating Officer recorded the statements of the connected witnesses and collected the necessary documents and after completion of investigation the police filed the chargesheet against the accused before the Court of Judicial Magistrate First Class, Chanasma and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Patan as per the provisions of Section 209 of the Code of Criminal Procedure and the case was registered Sessios Case No. 39 of 2007.

2.3] The accused were duly served with the summons and the accused appeared before the learned Trial Court, and it was verified whether the copies of all the police papers were provided to the accused as per the provisions of Section 207 of the Code. A charge at Exh. 16 was framed against the accused and the statements of the accused were recorded at Exhs. 17 to 21, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record.

2.4] The prosecution produced eight oral evidences and eleven documentary evidences to bring home the charge against the accused and after the learned Additional Public Prosecutor filed the closing pursis, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 were recorded, wherein, the accused denied all the evidence