An appellate court will not interfere with an acquittal unless the trial court's finding is perverse. For a conviction under abetment of suicide, the prosecution must prove a clear intent, an active act or direct instigation, and a causal nexus proximate to the event of suicide.

JUDGMENT :

S.V. Pinto, J.

1] This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 15-09-2005 passed by the learned Special (ACB) Judge, Fast Track Court No.1, Amreli (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 10 of 1993, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as the “ the PC Act) and Sections 306 and 114 of the Indian Penal Code, 1860.

1.1] During the pendency of this appeal, the respondent Nos. 1 and 2, who were the public servants expired and hence the appeal qua the respondent Nos. 1 and 2 was abated by an order dated 14-05-2025.

1.2] The respondents are hereinafter referred to as ‘the accused’ as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

2] The brief facts that emerge from the record of the case are as under:

2.1] The accused No. 1 was working as the District Education Officer, Amreli, and was a public servant. The accused No. 2 was the President of Bhoringda Kelvani Mandal running by Smt. Jiviben Bhimjibhai Balar Uttar Buniyadi Madhyamik Shada, Bhoringda and the accused No. 3 was his son of the accused No. 1 and a private person. Rasikbhai Nathabhai Lakhani, the son in-law of the complainant Ambabhai Harkhabhai Sawani, was working as an honorary teacher in Smt. Jiviben Bhimjibhai Balar Uttar Buniyadi Madhyamik Shada for the past one and a half years. Interviews for the post of a teacher were to be held on 17-02-1989 and the Selection Committee consisting of the accused No. 1 and 2 demanded an amount of illegal gratification of Rs.20,000/- from Rasikbhai Nathabhai Lakhani. As per the say of the complainant, an amount of Rs. 15,000/- was paid on 25-02-1989 to deceased Labhubhai Parshottambhai Balar, the Secretary of Bhoringda Kelvani Mandal. The amount was borrowed from Manjhibhai Dayalbhai Sawani and given but in spite of that, the accused were demanding an amount of Rs. 50,000/- and caused mental harassment to said Rasikbhai, Nathabhai Lakhani, who was so fed up of the ill-treatment that on 11-03-1989 while he was at his house, he doused kerosene on himself and set himself ablaze. He was immediately taken to the emergency ward of Civil Hospital, Amreli for treatment and expired on 13-03-1989 at Civil Hospital, Amreli during treatment. The complaint was filed by Ambabhai Harkhabhai Sawani, the father-in-law of deceased Rasikbhai Nathabhai Lakhani, which came to be registered under Sections 7, 12, 13(1)(d), 13(2) of the PC Act and Section 306 of the IPC, which came to be registered at ACB Police Station, Amreli, I-C.R.No. 4 of 1989.

2.2] The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after the order of sanction for prosecution for the accused No. 1 was received, a charge sheet came to be filed before the learned Sessions Court, Amreli, which came to be registered as Special Case No. 10 of 1993.

2.3] The accused was duly served with the summons and the accused appeared before the learned Trial Court, and it was verified whether the copies of all the papers papers were provided to the accused as per the provisions of Section 207 of the Code. A charge at Exh. 50 was framed against the accused and the statements of the accused were recorded at Exh. 51 to Exh. 53 respectively, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record.

2.4] The prosecution produced fourteen oral and thirty documentary evidences to bring home the charge against the accused and after the learned Additional Public Prosecutor filed the closing pursis at Exh:134, the further statements of the accused under Section 313 of the Code of Criminal Procedure, 1973 were