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2025 Supreme(Guj) 989

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J.
State of Gujarat - Appellant
Versus
Fulsinh Aaratbhai Baria and Others - Respondents
Criminal Appeal No. 496 of 2008
Decided On : 13-02-2025

Advocates:
Advocate Appeared:
For the Appellant : Jirga Jhaveri
For the Respondent: U.M. Shastri

The appellate court must respect the presumption of innocence and not interfere with acquittal unless the trial court's conclusion is unreasonable.

Headnote:

(A) Code of Criminal Procedure, 1973 - Section 378(1)(3) - Indian Penal Code, 1860 - Sections 498-A, 306, and 114 - Appeal against acquittal - The appellant State challenged the acquittal of the accused for alleged harassment leading to suicide. The trial court found no evidence of harassment or abetment. (Paras 1, 3, 11, 12)

(B) Acquittal Appeals - The appellate court has the power to review evidence but must respect the presumption of innocence and not interfere if the trial court's view is reasonable. (Paras 8, 9)

Facts of the case:
The deceased, Narmada, allegedly faced harassment from her in-laws, leading to her suicide by jumping into a well. The trial court acquitted the accused due to lack of evidence.

Findings of Court:
The trial court's judgment was upheld, confirming that the prosecution failed to prove the charges beyond reasonable doubt.

Issues: The main issues were whether the accused harbored the requisite mens rea to abet the suicide and whether the trial court's findings were justified.

Ratio Decidendi: The court emphasized that mere allegations of harassment without direct evidence of instigation do not suffice for conviction under Section 306 IPC.

Result: Appeal dismissed.

Table of Content
1. prosecution's claims (Para 3 , 4)
2. review of evidence (Para 5 , 6 , 7)
3. legal principles on acquittal (Para 8 , 9 , 10 , 11)
4. judgment confirmation (Para 12 , 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, Panchmahal @ Godhara (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 02 of 2007 on 28.02.2007, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 498-A, 306 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 The accused No. 2 was married to deceased Narmada and accused No. 1 is the father-in-law, accused No. 3 is the uncle-in-law, accused No. 4 is mother-in-law and accused Nos. 5 and 6 are the sisters-in-law of the deceased Narmada. That all the accused used to tell the deceased that she was dark, short and did not know any household work and they did not want to keep her in the house and used to taunt her and physically and mentally harass the deceased. On 26/08/2006 between 17:00 hrs to 22:00 hrs., the deceased jumped into the well at Vadodar village and committed suicide and the complaint was filed by the complainant - Raysinghbhai Sorambhai Patel, the father of the deceased at Morva Police Station for the offence under Section 498-A, 306 and 114 of the Indian Penal Code, 1860 being I-C.R.No. 74 of 2006 on 29/08/2006.

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, Godhara and as the said offences against the accused was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Panchmahal @ Godhara as per the provisions of Section 209 of the Code of Criminal Procedure and the case was registered as Sessions Case No. 2 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. 2 was framed against the accused and the statements of the accused were recorded at Exh. 3 to 8, 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

S. No.P.W. NosName of the witnessesExh.
1.1.Shantaben Raysingbhai Patel12
2.2.Bhupatbhai Raysing Patel13
3.3.Subhash Shyamnandan Sinha30
4.4.Raysingbhai Sorambhai Patel32
5.5.Kesamben Bhupatsinh Patel33
6.6.Rajesinh Kanjibhai Patel34
7.7.Chhtrasinh Naarsing Patel36
8.8.Babubhai Kanubhai Pandor37
9.9.Rajendra Visrambhai Ansari39

DOCUMENTARY EVIDENCE

S. No.ParticularsExh.
1.Complaint14
2.Inquest Panchnama15
3.Panchnama of scene of offence16
4.Panchnama17
5.Police Report18
6.FSL mobile report19
7.Police Yadi20
8.Receipt21
9.Medical Certificate22
10.Dy. Director FSL Yadi23
11.Muddamal Ravangi Note24
12.Dy. Director FSL Yadi25
13.Muddamal Ravangi Note26
14.Dy. Director FSL Yadi27
15.PM Report31
16.Compromised Report35
17.Complain40
18.Police Yadi41

2.5 After the learned Additional Public Prosecutor filed the closing pursis at Exh. 43, 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 witnesse

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