IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1000 of 2003 With R/CRIMINAL REVISION APPLICATION NO. 443 of 2003 With CRIMINAL MISC.APPLICATION NO. 1 of 2005 In R/CRIMINAL REVISION APPLICATION NO. 443 of 2003 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ==========================================================

STATE OF GUJARAT Versus MAHERIYA SINDHUKUMAR DEVJIBHAI & ORS.

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Appearance:

MR RONAK B RAVAL, APP for the Appellant(s) No. 1 KEVAL H MAHARAJA(9062) for the Opponent(s)/Respondent(s) No. 1,3,4,5 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 12/12/2025

ORAL JUDGMENT

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

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 06.05.2003 passed by the learned Additional Sessions Judge, Fast Track Court, Mehsana in Sessions Case No.280/1998, whereby the respondent-accused came to be acquitted for the offences punishable under Sections 302, 498A read with Section 34 of the Indian Penal Code, the appellant – State has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short). The complainant has also preferred Criminal Revision Application No.443 of 2003 challenging acquittal of the accused under Sections 397 & 401 of the Code of Criminal Procedure.

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

2.1. The complainant, father of the deceased, lodged a complaint before Mansa Police Station alleging that the deceased was married to accused No.1 on 10.07.1997 at village Mane kpur, Taluka Vijapur, District Mehsana, and was residing with her husband (accused No.1), mother-in- law (accused No.2) and sisters-in-law (accused Nos.3, 4 and 5). It was alleged that within four months of marriage, the accused persons subjected the deceased to physical and mental harassment on the ground of insufficient dowry, demanding gold or three tolas, and on 17.11.1997 at about 17:00 hours, the deceased, unable to bear the harassment, poured kerosene on her and attempted suicide by setting herself ablaze. She was rushed for treatment to Gandhinagar Civil Hospital, thereafter to Ahmedabad Civil Hospital, a private clinic of Dr. Himanshu Sheth and finally to Shalby Hospital, Ahmedabad, where she succumbed to the injuries on 19.02.1998 at about 09:15 hours.

2.2. The FIR was lodged at Mansa Police Station under Sections 498A and 306 IPC, later Section 302 IPC was added. The accused were arrested and after investigation, a charge sheet was filed on 16.07.1998 before the Judicial Magistrate First Class, Mehsana, registered as Criminal Case No.414/1998.

2.3. As the Judicial Magistrate First Class lacked jurisdiction to try the offence under Section 302 IPC, the case was committed to the Sessions Court, Mehsana vide order dated 06.11.1998 and registered as Sessions Case No.280/1998 for trial. Upon conclusion of the prosecution evidence, the learned Sessions Court put various incriminating circumstances appearing in the evidence to the respondent-accused for their explanation under Section 313 of the Code. In their further statements, the respondent-accused denied all the incriminating circumstances as false and stated that they are innocent and have been falsely implicated. After examining the oral and documentary evidence and the submissions from both sides, the learned Sessions Court recorded a finding in favour of the respondent-accused and acquitted them of all charges.

3. We have heard the learned advocates for the respective parties and carefully examined the oral and documentary evidence adduced before the learned Sessions Court. During the