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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Lavjibhai Sukhabhai Gohil – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
GITA GOPI, J.
1. Six appellants had challenged the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Valsad on 29.8.2003 in Sessions Case no.59 of 2002 (Old Sessions Case no.119 of 1995). The trial was under Sections 498A, 304B, 306 and 114 of the INDIAN PENAL CODE , 1860 (IPC).
2. Accused no.1-Lavjibhai Sukhabhai Gohil, accused no.2 – Govindbhai Lavjibhai Gohil, accused no.3- Bharatbhai Lavjibhai Gohil, accused no.5 – Bhanuben wife of Maganbhai Muljibhai, accused no.6 – Maltiben wife of Bharatbhai Lavjibhai Gohil were convicted under Section 498A IPC and sentenced for the simple imprisonment for two years and fine of Rs.1,000/- with a default stipulation of three months simple imprisonment. Accused no.4 – Naniben wife of Lavjibhai Sukhabhai Gohil convicted under Section 498A IPC was sentenced for one year simple imprisonment and fine of Rs.500/- and in default of payment of fine, one month simple imprisonment.
2.1 For offence under Section 306 IPC, accused no.1- Lavjibhai Sukhabhai Gohil, accused no.2 – Govindbhai Lavjibhai Gohil, accused no.3- Bharatbhai Lavjibhai Gohil, accused no.5 – Bhanuben wife of Maganbhai Muljibhai and accused no
To convict for abetment of suicide, there must be clear evidence of instigation or direct action by the accused proximate to the suicide, demonstrating mens rea; mere allegations of harassment are in....
Abetment of suicide requires direct evidence of incitement or provocation near the time of the act, rather than merely historical instances of harassment or cruelty.
Prosecution must establish clear intent and mens rea for abetment of suicide; mere allegations of harassment are insufficient for conviction under IPC.
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
The judgment emphasizes the stringent requirement of proving clear mens rea and direct act leading to suicide to establish the offense of abetment of suicide under Section 306 IPC, highlighting the n....
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
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