JUDGMENT :

SANJEEV J.THAKER, J.

1. The present Appeal presents a difficult but pertinent question. Difficult in its human dimension, yet one that must be examined strictly within the framework of criminal law when it comes to court proceedings. It arises from a case of suicide, where the line between personal despair and legally attributable conduct to an accused for such an act is very thin often blurred. The Court is, therefore, required to carefully assess whether the material on record discloses not merely a tragic end, but a case of abetment, as understood under Section 306 of the IPC. Sympathy, however compelling, cannot substitute the standard of proof mandated in law. This predicament finds an echo in the lines of a well-known song:

“Hello darkness, my old friend,

I’ve come to talk with you again…”

— The Sound of Silence by Simon & Garfunkel

The song is mainly about loneliness, isolation, and the failure of people to truly communicate with each other. The “darkness” referred to therein may well mirror the silent and personal struggles of the human mind. Yet, the law draws a clear distinction — it intervenes not in the existence of such darkness, but only where another’s conduct has intentionally driven the deceased towards that irreversible act.

2. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 23.04.2012, passed by the learned Additional Sessions Judge, Dhoraji, in Sessions Case No.5/2012, for the offences punishable under Sections 498(c), 306 of the IPC, and under Sections 3 and 4 of the Prevention of Dowry Act, the appellant – State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, “the Code”).

3. The prosecution case as unfolded during the trial before the trial Court is that the complainant’s sister, Nirupaben, was married to the accused about nine years prior to the incident and had two sons from the marriage. It is alleged that she was subjected to continuous physical and mental harassment by the accused persons, who frequently taunted her regarding dowry. Unable to tolerate such persistent harassment, she became distressed and consumed poison. During the course of treatment, she succumbed. Therefore, the complaint was filed against the respondent/s accused.

4. 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 were 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. 05/2012. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.

5. In order to bring home the charge, the prosecution has examined 10 witnesses and 26 documentary evidences before the trial Court, which are described in the impugned judgment are as under;

Oral Evidences

Documentary Evidences