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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D.M.VYAS
State Of Gujarat – Appellant
Versus
Iliyasbhai Salemanbhai Saiyad – Respondent
JUDGMENT :
CHEEKATI MANAVENDRANATH ROY, J.
1. Assailing the judgment dated 30/04/2013 passed in Sessions Case No.84 of 2011 on the file of the learned Additional Sessions Judge, Bhavnagar whereby the sole accused in the said case who was charged for the offences punishable under Sections 302 and 498(A) of the INDIAN PENAL CODE was acquitted, the instant appeal has been preferred by the State.
2. Facts germane to dispose of the appeal as per the case of the prosecution may briefly be stated as follows:
2.1. The deceased by name Kausharben (hereinafter referred to as ‘the deceases’) is the legally wedded wife of the accused. Their marriage was solemnized about two years prior to her death which took place on 15/03/2011. They are not blessed with children during their lawful wedlock. It is stated that six months after their marriage, the accused and his family members who are his mother and father etc. started harassing the deceased suspecting her fidelity attributing an illegal contact to her with PW-5 who is the husband of the friend of the deceased. It is stated that they also used to demand dowry from her and harassed her. There were disputes between the couple in this regard. So when
Prosecution failed to establish charges of murder and dowry harassment due to lack of evidence and contradictory witness testimonies, resulting in acquittal.
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.
The prosecution failed to prove the accused's guilt beyond reasonable doubt, resulting in acquittal under Section 302 of the Indian Penal Code.
The judgment emphasizes the requirement to establish cruelty for the ofences under Ss. 306 and 498-A of IPC and the application of Sec. 113-A of the Evidence 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.
Prosecution must prove guilt beyond reasonable doubt for a murder conviction; lack of eyewitness testimony and credible evidence led to the acquittal.
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.
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 ....
The presumption of innocence prevails in acquittal cases; mere suicide within seven years of marriage does not establish guilt without proof of cruelty or dowry demand.
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