The court upheld the acquittal of the accused, emphasizing the lack of evidence for cruelty and abetment of suicide, as the suicide note did not substantiate the claims against them.

JUDGMENT :

ILESH J. VORA, J.

1. Both the captioned appeals are filed against the acquittal of the respondents-accused, arising from self-same judgment and order dated 30.07.2013 passed by learned Additional Sessions Judge, Bharuch in Sessions Case no. 8 of 2012 have been taken up together and are being disposed of by this common judgment.

2. Criminal Appeal No.1298 of 2013 is filed by the State of Gujarat, whereas Criminal Appeal No.1677 of 2013 is filed by the de facto complainant - Kamlesh Parmar.

3. The learned trial court vide its judgment and order dated 30.07.2013, acquitted the respondents-accused no.2 to 5 for the offence punishable under Sections 306, 304B, 498A read with Section 114 of the IPC and Section 3 and 6 of Dowry Prohibition Act, 1961, whereas, the respondent-accused no.1 – husband of the deceased was convicted and sentenced for the commission of offence punishable under Section 498A of the IPC.

4. Being aggrieved with the judgment of acquittal, the State as well as the de facto complainant have preferred the present acquittal appeals.

5. The case of the prosecution leading to file this conviction appeal is as follows :

5.1 The marriage of appellant – husband and deceased Vaishali wife was solemnized on 09.12.2004 as per Hindu rites and rituals. The wife was residing in a joint family consisting of, father in law, mother in law, brother in law and divorcee sister in law. Out of the said wedlock, the baby girl named Avisha was born.

5.2 After the birth of the child, the matrimonial dispute arose, mainly on the ground that, the husband and her in-laws demanded additional dowry in the form of ornaments and cash to be brought from the parental home of the wife. The father of the wife tried to satisfy the demand of the appellant accused and in-laws but unfortunately, he died in the year 2007. The economic condition of the parental home was not so good. After the death of the father, the wife was subjected to cruelty by the appellant and her in-laws as, the family of the wife could not fulfill the demand of additional dowry. She was also subjected to harassment on the daily household works. She used to inform about the harassment to her mother PW-6. She was tired with the said matrimonial dispute and constant demand of dowry and she was in distress and under depression. On 29.06.2011, the wife of the appellant called her brother PW-21 and informed him about the harassment meted out to her by the accused. However, the brother assured her that he will inform the mother and make a plan to meet her personally. On 30.06.2011, the PW-5 brother Yogeshbhai received a call from the PW-11, who was employee of the Bharuch Railway Department and he conveyed that, the dead body of Vaishali – wife of the appellant, is lying on the railway track. The appellant accused after getting the information, went to the place and took the dead body of deceased Vaishali to the nearest hospital, where she declared brought dead.

5.3 PW-1 – Kamlesh Parmar, being a brother of the deceased Vaishali, lodged an FIR for the alleged suicide committed by her sister, wherein, he alleged the demand of additional dowry and physical and mental harassment caused by the appellant accused to her sister and same was registered as I-C.R.No.119 of 2011 for the offences punishable under Sections 306, 304(B), 498(A), read with Section 114 of the IPC and Sections 3 and 6 of the Dowry Prohibition Act.

5.4 Pursuant to the aforesaid FIR, PW-43 was entrusted the investigation of the case. During the investigation, the suicide note allegedly written by the deceased recovered from PW-11, who had found the said suicide note from the body of the deceased. The similar suicide note also found by the PM doctor – PW-14 and same was seized in the presence of independent panchas. The appellant accused and the in-laws of the deceased were arrested. The IO PW-17 had recorded the statement of the witnesses and seized the notebook maintained by deceased Vaishali for comparing her natural h