IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION NO. 448 of 2007 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE R.D.KOTHARI ================================================================

1 Whether Reporters of Local Papers may be allowed to see the judgment ?

2 To be referred to the Reporter or not ?

3 Whether their Lordships wish to see the fair copy of the judgment ?

4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?

5 Whether it is to be circulated to the civil judge ?

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ISHWARBHAI SANABHAI NAYI (BARBER)....Applicant(s)

Versus STATE OF GUJARAT & 1....Respondent(s)

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Appearance:

MR DEVANG R BHATT, ADVOCATE for the Applicant(s) No. 1 MR.B K.RAJ, ADVOCATE for the Applicant(s) No. 1 MR ARPIT A KAPADIA, ADVOCATE for the Respondent(s) No. 2 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================

CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI Date : 06/12/2012

ORAL JUDGEMENT

1. The incident has occurred on 21/10/2005. In the incident Parulben had committed suicide at her home. The complainant is the father of the deceased. The story of the prosecution is that the deceased was in love with one Raju @ Rajnikant Govindbhai Rohit. On the previous day to the date of incident, Raju has refused to marry the deceased and as per say of the prosecution, this had led the deceased to commit suiside.

2. The prosecution has examined following Nine witnesses:-

P.W.1 Ex-7 Ishwarbhai Shanabhai Nai Complainant – father of the deceased.

P.W.2 Ex-10 Jayaben Ishwarbhai Nai Mother of the deceased.

P.W.3 Ex-11 Praveenaben Ishwarbhai Nai Sister of the deceased.

P.W.4 Ex-15 Dahyabhai Chaturbhai Harijan Sarpanch of Bhayli village.

P.W.5 Ex-17 Dinkarbhai Anandrao Patil Panch Witness- Scene of offence.

P.W.6 Ex-19 Dr. Ashok Krishnalal Mahajan Dr. conducting Autopsy P.W.7 Ex-21 Rasiklal Narayanbhai Guna Hand-writing expert.

P.W.8 Ex-25 Naginbhai Devjibhai Vasawa Investigating Officer P.W.9 Ex-27 Kantibhai Naginbhai, A.S.I. & I.O.

3. The prosecution has produced following material documents:- Ex-9 Suicide Note Ex-10 Complaint Ex-13 Inquest Panchnama Ex-14 Report for P.M.

Ex-18 Panchnama of Scene of offence Ex-20 P.M. Report Ex-23 Hand-writing expert’s opinion

4. On considering the evidence on record and submissions made by the learned advocates for the parties, the learned Trial Court was pleased to acquit the accused for the offence punishable u/s.306 of the IPC. The learned Trial Court has recorded following reasons in support of its order - (i) FIR is delayed one; (ii) Initially, the incident was recorded as an accidental death and statements are recorded by the police in pursuance of that inquiry; (iii) The complainant, his wife and sister of the deceased – none of have made any statement involving the present accused, in their statement recorded by the police in pursuant to that inquiry; (iv) That material statement, that had said to led the deceased to commit suicide, namely meeting of deceased and accused on day previous to day of incident and refusal by accused to marry – which has been made by the complainant before the Court, has not been made by the complainant either in his FIR or in his statement recorded by the police in pursuant to the accidental death inquiry; (v) That the conduct of the mother of the deceased is “mysterious”. It is so because the mother of the deceased has wasted the time at the time of incident in not taking steps to open the door of kitchen at the earliest, wherein, the deceased has committed suicide;

(vi) That the suicide note is not reliable nor the contents of the suicide note is in nature of inspiring confidence; (vii) Referring and relying upon the decision in case of (i) Sanju Vs. Statement of M.P. reported in AIR 2002 SC 1998 and (ii) Shivdan Ram