SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Guj) 961

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

Advocates:
Advocate Appeared:
For the Appellant : Jirga Jhaveri
For the Respondent: Nirad D. Buch

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.

Headnote:

(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. NosName of the witnessesExh.
1.1.Natubhai Somabhai Vasava09
2.2.Champaben Natubhai Vasava11
3.3.Bhailalbhai Natubhai Vasava12
4.4.Ganeshbhai Gordhanbhai17
5.5.Bijaybhai Ganpatsinh Rathod20
6.6.Ramsinh Laxmansinh Chauhan26

DOCUMENTARY EVIDENCE

Sr. No.ParticularsExh.
1.Complaint10
2.Yadi to Police Inspector Sinor19
3.Postmortem Report21
4.Dispensary Vardhi27
5.Yadi to Mamlatdar28
6.Inquest Panchnama23
7.Panchnama of place of offence24
8.Panchnama25
9.Police Yadi to FSL29
10Primary report of Vadodara FSL30
11Police Yadi to FSL Surat31
12Muddamal receipt32
13Yadi of performing postmortem22
14Postmortem Note21
15Yadi of Dying Declaration33
16Receipt of dead body34

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top