IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1856 of 2004 With R/CRIMINAL APPEAL NO. 25 of 2005 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE GITA GOPI ==========================================================

Approved for Reporting Yes No √

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NARSINHBHAI PATHUJI THAKOR & ORS.

Versus STATE OF GUJARAT ==========================================================

Appearance:

ABATED for the Appellant(s) No. 2 MR MANOJ S JOSHI(2961) for the Appellant(s) No. 1,3 MS MITA S PANCHAL(530) for the Appellant(s) No. 1,3 HARDIK MEHTA APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 11/02/2026

ORAL JUDGMENT

1. Criminal Appeal No.1856 of 2004 was by three accused, who came to be convicted for the offence under sections 498A, 306 read with section 114 of Indian Penal Code (for short ‘IPC’) by the Additional Sessions Judge, Second Fast Track Court, Banaskantha at Palanpur vide judgment and order dated 15.10.2004 in Sessions Case No.26 of 1998, sentencing them to undergo two years rigorous imprisonment under Section 498A read with Section 114 of IPC, while under Section 306 read with Section 114 of IPC they were sentenced to undergo three years rigorous imprisonment with fine of Rs.5,000/- each and in failure of payment of fine further two months simple imprisonment. The benefit of set off was also granted. During the course of the trial, appellant No.2 died hence, the appeal stood abated qua the appellant No.2 by the order dated 12.06.2026.

1.1 While Criminal Appeal No.25 of 2005 was by the State making a prayer to enhance the sentence accorded by the Trial Court Judge. In that matter too, the name of respondent No.2 was abated by way of the common order.

2. The charge was drawn during the trial below Exh.4 against accused No.1 as the husband of deceased, accused No.2 as father-in-law and accused No.3 as mother-in-law with the fact that deceased Kamuben was subjected to cruelty during the matrimonial life. All the accused would often beat her and rebuke her for not having any children and thereby causing physical and mental cruelty, hence were charged under Section 489A read with Section 114 of IPC.

2.1 Further on 10.09.1997, at about 17:00 hours in the outskirt of village Samsherpura at the accused’s house, as the accused instigated deceased Kamuben for the commission of suicide since she could not bear children thereby, she by consuming poison ended her life, thus the charge under section 306 read with section 114 of IPC was framed against the accused.

3. Ms. Mita Panchal, learned advocate for the appellants submitted that the learned Trial Court Judge had failed to appreciate the evidence on record and had overlooked the fact that the witnesses examined had been interested only in convicting the accused and learned Trial Court Judge had failed to appreciate that those witnesses had made improvement in the facts of the case which were not at all relatable to the statement made before the police.

3.1 Learned advocate Ms. Panchal submitted that the matrimonial life was of four years. There was no ill-treatment or harassment, while during this matrimonial life, since deceased could not conceive hence was feeling depressed and because of her self imposed social burden, had committed suicide.

3.2 Learned advocate Ms. Panchal submitted that father-in- law and mother-in-law were not staying along with deceased and accused husband, which has been proved by the evidence of Investigation Officer, and further stated that there is no evidence on record of any ill-treatment by the husband or the parents-in-law.

3.3 Ms. Panchal, learned advocate for the appellants also stated that the evidence was brought on record about matrimonial life of the married brothers-in-law and the time period of bearing the child, and thus submitted that Trial Court was required to compare those facts with the fac