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2026 Supreme(Online)(Guj) 4231

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ilesh J. Vora, R. T. Vachhani, JJ
Pareshbhai Shankarbhai Taviyad – Appellant
Versus
State Of Gujarat – Respondent
R/CR.A/1358/2015 | R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 1358 of 2015

Advocates:
For the Appellants/Petitioners: Maharshi V Patel, Kruti M Shah
For the Respondents: Ronak Raval

In cases of unnatural death within the exclusive knowledge of the accused, the prosecution must first prove foundational facts of homicide. Once established, the burden shifts to the accused to explain the occurrence; expert medical opinion, when corroborated by forensic evidence, is sufficient to sustain a conviction.

Headnote:(A) Criminal Law - Indian Penal Code, 1860 - Section 302 - Death by strangulation - Evidence Act, 1872 - Section 106 - Burden of proof - Circumstantial evidence - Homicidal versus suicidal death.

(B) Expert medical evidence serves as advisory and correlative in nature, necessitating corroboration through independent circumstantial evidence and forensic analysis to establish the nature of death beyond reasonable doubt. (Paras 19.1, 21.1, 22)

(C) Section 106 of the Evidence Act does not relieve the prosecution of its primary burden to establish foundational facts; however, once the prosecution proves that the incident occurred in the exclusive presence of the accused, the burden shifts to the accused to provide a plausible explanation. (Paras 22, 26, 29.2)

(D) In cases of death by strangulation, the distinction between suicide and homicide is determined by forensic examination of ligature marks, the presence of specific internal injuries, and physical inconsistencies at the scene of the offence. (Paras 18.2, 23, 24)

Facts of the case:
The appellant was convicted for the murder of his spouse following a domestic dispute. The prosecution alleged that the accused strangulated the victim and attempted to stage the scene as a suicide. The accused appealed the conviction, contending that the incident was a suicide occurring during a heat-of-the-moment dispute and that the medical and circumstantial evidence was inconclusive.

Findings of Court:
The court held that the medical and forensic evidence, including the nature of ligature marks, the fracture of the thyroid cartilage, and inconsistencies in the physical arrangement of the crime scene, conclusively pointed to homicidal strangulation. The chain of circumstances, including the ongoing domestic discord, the exclusive presence of the accused, and his subsequent conduct, definitively negated the plea of suicide.

Issues: Whether the death was homicidal or suicidal; whether the prosecution successfully established the chain of circumstances to trigger the evidentiary burden under Section 106; and whether medical evidence alone is sufficient for conviction.

Ratio Decidendi: The court ruled that the prosecution established foundational facts proving homicidal death and the accused's exclusive presence. Consequently, the burden shifted to the accused under Section 106 to explain the death, which he failed to do. The forensic evidence served as a strong corroborative factor, enabling the court to conclude that the crime was committed with the clear intention to cause death.

Result: Appeal dismissed; conviction confirmed.

Judgement Key Points

Key Points: - The court discusses whether the death constitutes murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC. (!) (!) - The court analyzes whether Section 106 of the Indian Evidence Act is applicable and whether it shifts the burden to the accused in this custodial/matrimonial setting. (!) (!) (!) - The judgment considers the role and limits of expert medical testimony (postmortem and forensic reports) in distinguishing homicidal strangulation from suicidal hanging and whether such evidence alone can sustain a conviction. (!) (!) (!) (!) - The court notes the presence of exclusive knowledge of the accused and surrounding circumstances (quarrels, motive, conduct) as part of the chain of evidence. (!) (!) (!) - FSL findings, scene panchnama, and lack of forced entry are cited as supporting homicidal strangulation and staging of suicide. (!) (!) (!) - The court concludes the evidence supports homicidal murder and affirms the conviction under Section 302 IPC, with acquittal on the accompanying Section 182 IPC. (!)

What is the classification of the offense in light of the evidence: was the death homicidal strangulation or suicidal hanging?

What is the applicability and scope of Section 106 of the Indian Evidence Act in this custodial/matrimonial death case?

What are the legal standards for relying on expert medical opinion in distinguishing homicide from suicide, and can Section 106 shift the burden of proof?

Table of Content
1. factual background and procedural history of the case. (Para 1 , 2 , 3 , 4 , 5)
2. summary of rival contentions regarding homicidal vs. suicidal death. (Para 6 , 7 , 8 , 19 , 20 , 21)
3. application of section 106 of the evidence act in custodial death. (Para 9 , 22 , 23 , 24 , 25 , 26 , 30)
4. forensic evidence evaluation of ligature strangulation markings. (Para 10 , 16 , 17)
5. assessment of the circumstantial chain and accused's conduct. (Para 11 , 12 , 13 , 14 , 15 , 27 , 28)
6. final confirmation of the conviction and sentence. (Para 31)

ORAL JUDGMENT

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

1. The present case arises from Sessions Case No. 19/2015, decided by the learned 4th Additional Sessions Judge, Godhra, whereby the appellant-accused Pareshbhai Shankarbhai Taviyad was convicted for the offence punishable under Section 302 of the Indian Penal Code and also under Section 182 IPC. The 4th Additional Sessions Judge sentenced the accused to undergo imprisonment for life and to pay a fine, in default to further undergo rigorous imprisonment for the offence under Section 302 IPC. The substantive sentence was ordered to run as per law.

2. The case of the prosecution, in brief, is that on 20/09/2014 around 6:00 PM in the evening, at the Forest Quarters near G.E.B. office in Santarampur, the deceased Rekhaben wife of Pareshbhai Shankarbhai Taviyad was residing with her husband, who is employed in the Forest Department. There were frequent quarrels between the husband and wife over domestic issues, which the deceased used to confide in her parents and others. On the fateful day, in the course of such a quarrel, the accused allegedly strangulated his wife Rekhaben with a cotton dori/string/rope, causing asphyxia and death. To screen himself from punishment and mislead the authorities, the accused staged the scene as suicide by hanging, tied the dori/string/rope in a manner suggesting self-hanging, and immediately went to Santarampur Police Station to lodge a false report that his wife had committed suicide by hanging after 6:00 PM. This false information was recorded as Accidental Death No. 31/2014. The next day, the father of the deceased, Hirabhai Ramabhai Sangada-complainant, who is a retired police personnel, lodged a complaint before the Deputy Superintendent of Police at Santarampur Police Station, alleging that the death was homicidal, that the accused had quarreled with Rekha, strangled her, and falsely reported it as suicide to evade law. It is the case of the prosecution that the accused, with the intention and knowledge that strangulation with a dori/string/rope on the neck was sufficient in the ordinary course of nature to cause death, intentionally caused the death of Rekhaben and gave false information to the police, thereby committing offences punishable under Sections 302 and 182 of the Indian Penal Code.

3. Upon registration of the FIR at Santarampur Police Station under Sections 302 and 182 IPC, the investigation was carried out by the concerned police officer. The scene of offence was visited, panchnama was prepared in presence of panch witnesses, inquest was conducted, postmortem was arranged at Santarampur State Hospital where medical officers opined homicidal death due to strangulation by dori/string/rope, statements of material witnesses including family members, neighbors, Forest Colony employees, and medical officer were recorded, the dori/string/rope-muddamal was recovered and seized at the instance of the accused, articles were sent to F.S.L. for examination. After receipt of F.S.L. report and finding sufficient evidence, the accused was arrested. On completion of investigation, charge-sheet was filed before the learned Judicial Magistrate First Class, Santarampur, where it was registered and thereafter committed to the Court of Sessions, Godhra under Section 209 CrPC, and registered as Sessions Case No. 19/2015 transferred to Lunawada Camp Court as the offence pertains to

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2026 Supreme(Online)(Guj) 4231

IN THE HIGH COURT OF GUJARAT AT AHMEDABADIlesh J. Vora, R. T. Vachhani, JJPareshbhai Shankarbhai Taviyad – AppellantVersusState Of Gujarat – RespondentR/CR.A/1358/2015 | R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 1358 of 2015

What is the classification of the offense in light of the evidence: was the death homicidal strangulation or suicidal hanging?

What is the applicability and scope of Section 106 of the Indian Evidence Act in this custodial/matrimonial death case?

What are the legal standards for relying on expert medical opinion in distinguishing homicide from suicide, and can Section 106 shift the burden of proof?

Cases Referred (8)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ilesh J. Vora, R. T. Vachhani, JJ
Pareshbhai Shankarbhai Taviyad – Appellant
Versus
State Of Gujarat – Respondent
R/CR.A/1358/2015 | R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 1358 of 2015