IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J.
State of Gujarat - Appellant
Versus
Shivabhai Sureshbhai Vasava and Another - Respondents
Criminal Appeal No. 1060 of 2008
Decided On : 07-02-2025
(A) Code of Criminal Procedure, 1973 - Section 378(1)(3) - Indian Penal Code, 1860 - Sections 306, 498-A and 114 - Appeal against acquittal - The learned Trial Court acquitted the accused due to insufficient evidence to prove harassment leading to suicide - The prosecution failed to establish beyond reasonable doubt that the accused instigated the deceased to commit suicide - The appeal was dismissed as the acquittal was justified. (Paras 1, 3, 11, 12, 13)
(B) Acquittal Appeals - The appellate court must respect the presumption of innocence and should not interfere unless the trial court's conclusions are perverse or unreasonable - The appellate court has the power to review evidence but must uphold acquittals where reasonable conclusions are possible. (Paras 7, 9, 12)
| Table of Content |
|---|
| 1. acquittal of accused (Para 1 , 2) |
| 2. prosecution's appeal arguments (Para 3) |
| 3. review of evidence (Para 4 , 5 , 6) |
| 4. principles of acquittal appeals (Para 7 , 8 , 9) |
| 5. legal principles on acquittal (Para 10 , 11 , 12) |
| 6. appeal dismissed (Para 13 , 14) |
JUDGMENT :
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 the learned Additional Sessions Judge, Fast Track Court No. 4, Vadodara (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 212 of 2007 on 23.11.2007, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 306 , 498-A and 114 of Indian Penal Code , 1860 (hereafter referred to as "IPC" for short).
1.1 The respondents are hereinafter referred to as the accused in the rank and file as they stood 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 That the The accused No. 1 was the husband of deceased Parul and the accused No. 2 was the mother-in-law and on 11/04/2007, at around, 14:00 Hrs, at village Fofadiya, the accused did not give the deceased money for spending and when the deceased demanded for some money, the accused quarreled with her and physically and mentally harassed her to such an extent. That she drank some pesticides and was taken to the hospital, where, she expired during treatment. The complainant Natubhai Somabhai Vasava filed the complaint before the Dy.S.P., Vadodara (Rural), Vadodara, which was registered as First Information Report No. 18 of 2007 at Sinor Police Station on 13/04/2007.
2.2 The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after completion of investigation, a chargesheet came to be filed before the learned Judicial Magistrate First Class, Sinor, and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Vadodara as per the provisions of Section 209 of the Code of Criminal Procedure and case was registered Sessions Case No. 212 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 and a charge at Exh. 4 was framed against the accused and the statements of the accused were recorded at Exhs. 5 and 6 respectively, 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 the following evidence to bring home the charge against the accused.
ORAL EVIDENCE
| Sr. No. | P.W. Nos | Name of the witnesses | Exh. |
| 1. | 1. | Natubhai Somabhai Vasava | 09 |
| 2. | 2. | Champaben Natubhai Vasava | 11 |
| 3. | 3. | Bhailalbhai Natubhai Vasava | 12 |
| 4. | 4. | Ganeshbhai Gordhanbhai | 17 |
| 5. | 5. | Bijaybhai Ganpatsinh Rathod | 20 |
| 6. | 6. | Ramsinh Laxmansinh Chauhan | 26 |
DOCUMENTARY EVIDENCE
| Sr. No. | Particulars | Exh. |
| 1. | Complaint | 10 |
| 2. | Yadi to Police Inspector Sinor | 19 |
| 3. | Postmortem Report | 21 |
| 4. | Dispensary Vardhi | 27 |
| 5. | Yadi to Mamlatdar | 28 |
| 6. | Inquest Panchnama | 23 |
| 7. | Panchnama of place of offence | 24 |
| 8. | Panchnama | 25 |
| 9. | Police Yadi to FSL | 29 |
| 10 | Primary report of Vadodara FSL | 30 |
| 11 | Police Yadi to FSL Surat | 31 |
| 12 | Muddamal receipt | 32 |
| 13 | Yadi of performing postmortem | 22 |
| 14 | Postmortem Note | 21 |
| 15 | Yadi of Dying Declaration | 33 |
| 16 | Receipt of dead body | 34 |
2.5 After the learned Additional Public Prosecutor filed the closing pursis at Exh. 36, 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 of the prosecution on record. The accused refused to step into the witness box or examine witnesses on their behalf and state that a false case has been filed against them. After the arguments of the learned Additional Public
In acquittal appeals, the presumption of innocence is paramount, and the appellate court should not interfere unless the trial court's conclusions are unreasonable or perverse.
The appellate court must respect the presumption of innocence and not interfere with acquittal unless the trial court's conclusion is unreasonable.
Conviction under Section 306 IPC requires direct evidence of intent or proximate acts by accused to abet suicide, with appellate courts deferring to trial findings unless clearly perverse.
The appellate court must respect the trial court's acquittal unless the evidence is insufficient to support the conclusion reached, emphasizing the presumption of innocence.
The court emphasized that mere allegations of harassment are insufficient for conviction under IPC Sections 306 and 498-A; clear evidence of instigation is necessary.
Conviction under Section 306 IPC requires proof of direct instigation, conspiracy, or intentional aid in suicide; generalized harassment allegations without proximate acts inciting suicide are insuff....
Appeal against acquittal – When two views are possible, judgment and order of acquittal passed by trial Court should not be interfered with by Appellate Court unless for special reasons.
The appellate court must respect the presumption of innocence and the trial court's reasonable conclusions in acquittal appeals, intervening only when the trial court's decision is unreasonable or pe....
The court emphasized that mere allegations of harassment are insufficient to establish abetment of suicide; clear evidence of intent and coercion is required.
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