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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANJEEV J.THAKER, J.
State Of Gujarat - Appellant
Versus
Arunbhai Babubhai Bin Virabhai Solanki (Rohit) & Ors. - Respondent
Criminal Appeal No. 1276 of 2010
Decided On : 30-04-2026
JUDGMENT :
SANJEEV J.THAKER, J.
1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 27.04.2010, passed by the learned Sessions Judge, Anand, in Sessions Case No.4 of 2010, for the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Code, the appellant – State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, “the Code”).
2. The prosecution case as unfolded during the trial before the trial Court is that the complainant, Kanjibhai Trikambhai Makwana, filed a complaint regarding the death of his daughter, Minaben (the deceased). Minaben married respondent-accused no. 1 on 07.05.2009. Following the marriage, she resided with her husband and her in-laws (the other accused parties). It is alleged that after the marriage, the accused persons, on various pretexts, began subjecting Minaben to constant mental and physical torture. This treatment included physical assaults. The prosecution contends that due to this persistent harassment at the hands of the accused, the deceased committed suicide by hanging herself. Therefore, the complaint was filed against the respondent/s accused.
3. After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Sessions Case No.4 of 2010. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.
4. In order to bring home the charge, the prosecution has examined 10 witnesses and also produced 24 documentary evidence before the Trial Court, which are described in the impugned judgment as under:
ORAL EVIDENCE
| No. | Witness Name | Relation / Role | Exhibit No. |
|---|---|---|---|
| I Complainant & Witnesses | |||
| (1) | Kanjibhai Trikambhai Makwana, Witness No.1 | Father of the deceased (Complainant) | 13 |
| (2) | Maniben Kanjibhai Makwana, Witness No.3 | Mother of the deceased | 22 |
| (3) | Sunilbhai Kanjibhai Makwana, Witness No.4 | Brother of the deceased | 23 |
| (4) | Kailashben w/o Hitishbhai Khushalbhai, Witness No.5 | Sister of the deceased | 24 |
| II Medical Witnesses | |||
| (1) | Dr. Ambalal Hirabhai Patel, Witness No.2 | Medical Officer | 16 |
| III Panch Witnesses | |||
| (1) | Ganpatsinh Harisinh Solanki, Witness No.6 | Panch Witness | 28 |
| IV Police Witnesses | |||
| (1) | Hamedaben Mansinh, Witness No.7 | P.S.O. (Police Sub-Officer) | 33 |
| (2) | Poonambhai Dhanabhai Baranda, Witness No.8 | D.Y.S.P. | 35 |
| (3) | Yogendrasinh Khumansinh Raulji, Witness No.9 | P.S.O. | 37 |
| (4) | Mahendrasinh Deepsinh Puvar, Witness No.10 | P.S.I. (Investigating Officer) | 39 |
Documentary Evidence
| No. | Description of Document | Exhibit No. |
|---|---|---|
| (1) | Original Complaint | 14 |
| (2) | Panchnama of the Scene of Offense | 29 |
| (3) | Inquest Panchnama | 31 |
| (4) | Panchnama of the Clothes of the Deceased | 26 |
| (5) | Note to the Executive Magistrate, Anand Rural | 40 |
| (6) | F.S.L. Mobile Van Officer's Report | 41 |
| (7) | Post-Mortem (PM) Form | 42 |
| (8) | Note for conducting Post-Mortem | 17 |
| (9) | Post-Mortem Note | 18 |
| (10) | Certificate from Medical Officer, Vasad | 19 |
| (11) | Letter written by Medical Officer, Vasad | 20 |
| (12) | Certificate showing Cause of Death | 21 |
| (13) | Note to register Accidental Death based on information | 43 |
| (14) | Note for registering the Offense | 36 |
| (15) | Note from Taluka Circle Inspector, Anand | 44 |
| (16) | Forwarding Letter by Circle Inspector, Anand | 45 |
| (17) | Map of the Scene of Offense | 27 |
| (18) | Report to delete IPC Sec 302 and add IPC Sec 306 | 46 |
| (19) | Muddamal (Evidence) Dispatch Note | 47 |
| (20) | F.S.L. Receipt | 48 |
| (21) | F.S.L. Forwarding Letter | 49-51, 53-55 |
| (22) | F.S.L. Report | 50-52 |
| (23) | Biology Department Report | 54-56 |
| (24) | Serology Analysis Report | 57 |
5. After hearing both the parties and after analysis of evidence adduced by the prosecution, the learned trial Judge acquitted the accused for the offences for which the charge was framed, by holding that the prosecution has failed to prove the case beyond reasonable doubt.
6. Learned APP for the appellant – State has pointed out the facts o
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