Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D.M.VYAS
State of Gujarat – Appellant
Versus
Ishvarbhai Pababhai Dharani – Respondent
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 place on 13/02/2006. They led conjugal life and one daughter was born to them during their lawful wedlock. It is the case of the prosecution that some time after the marriage that both A-1 who is her husband as well as A-2 and A-3 who are her parents-in-law started harassing her and subjecting her to cruelty demanding money from her. Unable to bear the said harassment, she was constrained to leave the matrimonial house and reside in her parents house for a period of seven to eight months. I
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.
Cruelty and dowry death – Court must guard against false implication of relatives of husband of victim.
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
