Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D.M.VYAS
State of Gujarat – Appellant
Versus
Ishvarbhai Pababhai Dharani – Respondent
| Table of Content |
|---|
| 1. acquittal of accused based on lack of evidence. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appeals against acquittal by state and complainant. (Para 7 , 8 , 9) |
| 3. charged offenses under ipc not sufficiently proven. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. no evidence of dowry-related harassment or cruelty. (Para 17 , 18 , 19 , 20 , 21) |
| 5. trial court's acquittal is upheld due to proper evidence appreciation. (Para 22) |
| 6. dismissal of appeals and order for record return. (Para 23 , 24) |
JUDGMENT :
CHEEKATI MANAVENDRANATH ROY, J.
1. These two appeals are preferred against the judgment dated 24/01/2013 passed by learned 2nd Additional Sessions Judge, Khambhaliya in Sessions Case No.22 of 2010 where- under the respondent nos.1 to 3 herein who are A-1 to A-3 in the said case were acquitted of the charges punishable under Sections 498A, 306, 304(B) and 323 read with Section 114 of the INDIAN PENAL CODE and Sections 3 and 7 of the Dowry Prohibition Act.
2. Factual matrix of the prosecution case may be stated as follows:
2.1. Monghiben (herein after referred to as ‘the deceased’) is the legally wedded wife of A-1. A-2 and A-3 are parents of A- 1. Marriage between A-1 and the deceased took p
Absence of credible evidence connecting harassment to suicide leads to acquittal under Sections 498A, 306, and 304(B) of IPC as well as Dowry Prohibition Act.
To establish dowry death under IPC Section 304-B, it is essential to prove that the deceased was subjected to cruelty or harassment for dowry, which was not demonstrated in this case.
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
Prosecution failed to establish charges of murder and dowry harassment due to lack of evidence and contradictory witness testimonies, resulting in acquittal.
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
In acquittal appeals, the prosecution must prove its case beyond reasonable doubt, with particular emphasis on direct evidence of instigation to suicide under Section 306 IPC.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
