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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Laljibhai Jivabhai Vara – Respondent
JUDGMENT :
S.V. Pinto, J.
1. This appeal has been filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by learned 2nd Additional Sessions Judge, Jamnagar (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 13 of 2008 on 13-02-2012, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 498-A, 306 and 114 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as the IPC).
1.1 During the pendency of this appeal, the respondent Nos 1 and 2 expired and hence the appeal qua the respondent Nos. 1 and 2 was abated by an order dated 21-04-2023.
1.2 The respondents are hereinafter referred to as the accused as they stood in the rank and file in the original case for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:-
2.1 The accused Nos. 1 and 2 are the father-in-law and mother-in-law respectively of deceased Aartiben wife of Kamlesh Lalji Vara. The accused No. 3 is the brother-in-law and accused Nos. 4 to 6 are the sisters-in-law of deceased Aartiben. Aartiben was marrie
In acquittal appeals, the appellate court must respect the presumption of innocence and not overturn a plausible acquittal unless clear evidence of guilt is established.
In acquittal appeals, the appellate court must respect the presumption of innocence and only interfere when the trial court's view is unreasonable or perverse.
Conviction under Section 306 IPC requires direct evidence of intent or proximate acts by accused to abet suicide, with appellate courts deferring to trial findings unless clearly perverse.
Conviction under Section 306 IPC requires proof of direct instigation, conspiracy, or intentional aid in suicide; generalized harassment allegations without proximate acts inciting suicide are insuff....
To establish abetment of suicide under IPC Section 306, clear evidence of instigation or incitement is required, which was not proven in this case.
In appeal against acquittal, the appellate court must respect presumption of innocence and confirm if the trial court's conclusions are reasonable based on the evidence presented.
In acquittal appeals, the presumption of innocence is paramount, and the appellate court should not interfere unless the trial court's conclusions are unreasonable or perverse.
The prosecution must prove beyond reasonable doubt that the accused instigated or abetted the suicide for a conviction under Section 306 IPC.
The appellate court cannot overturn an acquittal unless the trial court's decision is unreasonable or perverse, emphasizing the presumption of innocence.
The prosecution must prove guilt beyond reasonable doubt; mere allegations of harassment are insufficient for abetment of suicide without clear evidence of instigation.
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