IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 603 of 2004 With R/CRIMINAL APPEAL NO. 298 of 2004 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI ==========================================================

Approved for Reporting Yes No ✓

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STATE OF GUJARAT Versus VALLABHBHAI JERAMBHAI GOTI & ORS.

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Appearance:

MR HARDIK MEHTA APP for the Appellant(s) No. 1 H B SHETHNA(2436) for the Opponent(s)/Respondent(s) No. 1,2,4,5 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 27/11/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Criminal Appeal No.603 of 2004 is filed by the appellant – State of Gujarat against the acquittal of accused no.1 in respect of offence punishable under Sections 306 read with section 114 Indian Penal Code and in respect of accused Nos.2 to 5 for acquittal for the offences punishable under Sections 498 A, 302, 306, 107 and 114 of Indian Penal Code passed by learned Sessions Judge, Surat in Sessions case No.264 of 1999 dated 04/02/2004. Whereas the Criminal Appeal No.298 of 2004 is preferred by the org. accused No.1 against the said judgment and order convicting accused No.1 under Sections 498-A r/w sec.107 of the Indian Penal Code and sentenced him to suffer R.I. for 3 years and to pay a fine of Rs.5,000/- in default to undergo R.I. for 6 months.

2. The brief facts leading to the filing of the present appeal are as under:

2.1. The prosecution case in short is that deceased Rasila was divorcee and again married to the org. accused No.1-respondent no.1 before 12 years of the fate of the incident. The deceased used to go to her parental house on some occasions and asking for gold ornaments as demanded by the respondent no.1 and as such she was given gold ornament two to three time by the father complainant. Initially, everything was going good for 5 years. Thereafter, deceased Rasila was harassed by beating by the respondents for meagre reasons. On interference of some respectable persons in the society, the deceased and respondent no.1 her husband went to Bhavnagar. They had two children and the children were not allowed to be with the deceased Rasila and they were sent to reside with their uncle respondent no.5 who was brother-in-law of deceased Rasila and therefore she had to stay alone. That before three months of the date of the incident, there was harassment to the deceased and again agreement was entered into and therefore again the deceased Rasila along with her children and husband respondent no. 1 came Surat to stay there. That on the date of the incident i.e. on 11.8.97 the complainant had a message regarding death of the deceased Rasila and when he went to Surat, he found dead body of deceased Rasila in the Civil Hospital, Surat.

It is the case of prosecution that accused persons gave poisonous substance to the deceased and thereby committed her death and committed the offence as stated herein above.

2.2. On these facts, the complaint was filed with Katargam Police Station. The Police after investigation charge-sheeted the accused for the aforesaid offences. After investigation, chargesheet was filed before the learned JMFC, Court. However, as the said Court lacks jurisdiction to try said offence, the case was committed to the Special Court and it was registered as Sessions Case No.264 of 1999 for trial. On conclusion of evidence on the part of the prosecution, the trial Court put various incriminating circumstances appearing in the evidence to the respondent- accused so as to obtain explanation/answer as provided under Section 313 of the Code. In the further statement, the respondent-accused denied all incriminating circumstances appearing against him as