STATE OF GUJARAT vs SURESHKUMAR GANGARAM PATEL
- Court
- Gujarat High Court
R/CR.A/107/2013 (GJHC240437032013) JUDGMENT DATED: 07/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 107 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Yes No
Approved for Reporting
✔
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STATE OF GUJARAT
Versus
SURESHKUMAR GANGARAM PATEL & ORS.
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Appearance:
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR for the Appellant(s) No. 1
ABATED for the Opponent(s)/Respondent(s) No. 6
MS.DILBUR CONTRACTOR(6388) for the Opponent(s)/Respondent(s) No.
1,2,3,4,5
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CORAM: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 07/09/2026
JUDGMENT
1. The appellant - State of Gujarat has preferred this appeal under
Section 378(1)(3) of the Code of Criminal Procedure, 1973
(hereinafter referred to as ‘the Code’ for short) against the judgment
th
and order dated 22.08.2012 passed by the learned 4 Additional
District Judge & Additional Sessions Judge, Banaskantha, Palanpur
(hereinafter be referred to as “the trial Court”) in Sessions Case
Nos.167 of 2007 & 168 of 2007, whereby the trial Court has acquitted
the original accused (respondents herein) from the offences
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punishable under Sections 306 and 114 of the Indian Penal Code
(hereinafter referred to as ‘the IPC’ for short).
2. The short facts of the prosecution case are that the accused
persons threatened to kill the deceased, Imtiyazkhan Yusufkhan
Makrani, for repeatedly returning the application submitted in
connection with the murder of his wife. On 06.04.2005, at about 9:30
hours, the accused persons subjected the deceased to cruelty and
thereby instigated and induced him to commit suicide by jumping
onto the railway track. As a result, he sustained injuries after being
run over by a train and subsequently succumbed to those injuries.
Thus, the accused persons committed offences punishable under
Section 306 read with Section 114 of the Indian Penal Code.
2.2 Hence, the complainant - Yunuskhan Yusufkhan Makrani
registered a complaint being I-C.R.No.22/2005 against the accused
with Danta Police Station for the offence punishable under Section
306 read with Section 114 of the Indian Penal Code.
2.3 On the basis of the complaint, the Investigating Officer had
conducted the investigation. After completion of investigation, as the
sufficient evidence was found, the police has filed the charge-sheet
against all the accused before the Judicial Magistrate First Class,
Danta for the offence punishable under Section 306 read with Section
114 of the Indian Penal Code.
2.4 As the offence was exclusively triable by the Court of Sessions,
the concerned Court has committed the case under Section 209 of the
Criminal Procedure Code to the Court of Sessions wherein it has been
registered as Sessions Case Nos.167/2007 & 168/2007.
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2.5 The charge against the accused came to be framed by the trial
Court for the aforesaid offences against the accused. On being
explained it to them, the accused have denied having committed any
offence. The accused pleaded not guilty to the charge and claimed to
be tried.
2.6 In order to bring home the charge leveled against the accused
persons, the prosecution has examined as many as 21 witnesses and
also produced 26 documentary evidence on record of the case.
3. After closure of the evidence, the statements of the accused
under section 313 of the Criminal Procedure Code, 1973 have been
recorded wherein they denied of having committed any offence and
have stated that they are innocent.
4. After hearing both sides and considering the evidence on
records, the trial Court by impugned judgment and order has
acquitted the accused from all the charges levelled against them.
5. Being aggrieved by and dissatisfied with the aforesaid judgment
and order of acquittal the appellant – State of Gujarat has preferred
this appeal.
6. Heard Ms. Jirga Jhaveri, learned Additional Public Prosecutor for
the appellant – State of Gujarat and Ms. Dilbur Contractor, learned
counsel for the respondents – accused at length.
7. Ms. Jhaveri , learned Additional Public Prosecutor appearing for
the appellant – State of Gujarat has submitted the same facts which
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are narrated in the memo of appeal and has also submitted that the
prosecution has examined witnesses and produced documentary
evidence, despite this fact, the trial Court has not considered the
same in its true and proper perspective in passing the judgment and
order of acquittal. Ms. Jhaveri , learned Additional Public Prosecutor,
while referring to the entire oral as well as documentary evidence,
has assailed the impugned judgment and order and submitted that
the trial Court has not taken into consideration the evidence
connecting the accused to the alleged offence in its proper
perspective and even the prosecution has been able to prove the
charges levelled against the accused. While referring to the evidence
of the witnesses and the material collected against the accused, Ms.
Jhaveri , learned Additional Public Prosecutor has submitted that the
prosecution has established the case against the accused by
examining the witnesses, who have supported the case of the
prosecution, however, the trial Court has discarded and disbelieved
the evidence of these witnesses. She has submitted that the
witnesses have fully supported the case of the prosecution, however,
the trial Court has not appreciated the same and passed the judgment
and order of acquittal which is illegal and unjust. She has submitted
that it is settled legal position that the evidence of a single witness is
sufficient for conviction if the same is reliable and trustworthy and in
the present case, though the evidence of all the witnesses are reliable
and trustworthy, without any cogent reason, the trial Court has
disbelieved and discarded the evidence of the witnesses.
7.1 According to Ms. Jhaveri , learned Additional Public Prosecutor,
the trial Court ought to have convicted the accused and ought to have
imposed necessary sentence. She has prayed to allow the present
appeal and to quash and set aside the impugned judgment and order
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of acquittal.
8. Per contra, Ms. Contractor, learned counsel for the respondent
– accused has supported the impugned judgment and order and has
submitted that the trial Court has not committed any error of law and
fact in acquitting the accused from the charges levelled against them.
She has submitted that the ingredients of the offence alleged against
the accused are not proved beyond reasonable doubt and, therefore,
the trial Court has rightly acquitted the accused as the complainant
has failed to prove the charge levelled against the accused. She has
also submitted that there is not an iota of evidence connecting the
accused with the alleged crime in question. She has therefore,
prayed to confirm the impugned judgment and dismiss the present
appeal.
9. On perusal of the impugned judgment and order of acquittal
passed by the trial Court, the questions arise for determination are as
under:-
(1) whether the trial Court is justified in passing the judgment and
order of acquittal.
(2) whether the trial Court has rightly appreciated the evidence
led by the prosecution in recording the reasons.
(3) whether there is any illegality, irregularity or any perversity in
the impugned judgment and order of acquittal.
10. I have heard the learned counsel appearing for the respective
parties and perused the material placed on record. I have also gone
through the impugned judgment and order passed by the trial Court.
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It is necessary to first examine the facts of the case as adhered by the
appellant before the trial Court. That, on 06.04.2005, at about 9:30
hours, the deceased, Imtiyazkhan Yusufkhan Makrani, died either an
accidental or suicidal death after coming in front of a running train,
namely the Aravalli Express, passing through the Palanpur
Mansarovar Railway Crossing. As a result of the injuries sustained in
the incident, the deceased died on the spot. The Palanpur Railway
Police Station recorded an accidental death (A.D.) being A.D. Entry
No. 9 of 2005. The investigation was commenced on the basis of the
said A.D. Entry. PW-16 to PW-21 are the police witnesses who
conducted the investigation in connection with the case initially
instituted on the basis of the said accidental death. A copy of the A.D.
Entry was sent to the Civil Hospital, Palanpur, where the post-mortem
examination of the deceased was conducted on 06.04.2005. PW-3, Dr.
Girishbhai Devabhai Jaganiya, at Exh. 18, confirmed that the
deceased, Imtiyazkhan, had died as a result of accidental injuries
sustained by him.
11. Thereafter, the Palanpur Railway Police recorded the
statements of the concerned witnesses, and the complaint was lodged
by the brother of the deceased on 09.04.2005, i.e., three days after
the incident. The delay in lodging the complaint was because the
complainant was not present at the time of the incident and was,
therefore, not aware of the facts and circumstances surrounding the
death of the deceased. However, when he came to know about the
incident and was informed by his family members regarding the death
of the deceased, he lodged the FIR at Exh.-32, wherein he made
detailed allegations against the respondents. More particularly, he
sought to connect the incident of the accidental death of his brother
with the death of his sister-in-law, namely, Nasrin, wife of the
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deceased Imtiyazkhan, who sustained burn injuries at her house and
subsequently died. It was alleged that the deceased Imtiyazkhan
suspected his wife, Nasrin, of having an illicit relationship with
respondent No. 1 and was suspicious about her character. It was
further alleged that, after learning from Nasrin that respondent No. 1
had poured kerosene over her and set her on fire, the deceased
Imtiyazkhan lodged the FIR against respondent No. 1 for the offence
of murder.
12. During the course of the investigation, no substantial material
was found against respondent No. 1 or any of the other accused
persons. As regards the allegations made by the deceased
Imtiyazkhan in connection with the death of his wife, Nasrin, he had
approached this Court by preferring Special Criminal Application No.
180 of 2005, challenging the investigation and making certain
allegations therein. After hearing both sides and upon perusing the
Record and Proceedings of the trial Court as well as the papers of
investigation, this Court dismissed the said petition vide order dated
05.04.2005. The deceased Imtiyazkhan had also lodged a complaint
against respondent No. 1 in relation to the threats of dire
consequences, pursuant to which a criminal case was registered
before the Danta Court and the same was tried by the learned Judicial
Magistrate First Class, Danta. The learned Magistrate, vide order
dated 31.05.2007, acquitted respondent No. 1 of the offences
punishable under Sections 504 and 506(2) of the IPC.
13. In view of the proceedings initiated by the deceased
Imtiyazkhan, no fruitful result was achieved, and, being frustrated, he
decided to end his life. Accordingly, on 06.04.2005, he committed
suicide by lying down on the railway track in front of a running train,
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namely, Train No. 9007, known as the Aravalli Express. When the train
reached Palanpur, at the place of the incident, the accident occurred.
The complainant, being the brother of the deceased, has now tried to
convert the incident of accidental death of deceased Imtiyazkhan into
an offence punishable under Section 306 read with Section 114 of the
IPC and has attempted to implicate the respondents in the crime in
question.
14. Now, having regard to the evidence led by the prosecution, the
entire case rests upon a so-called chit allegedly found from the black
purse carried by the deceased Imtiyazkhan. The said black purse was
allegedly found in the pocket of the deceased. However, the manner
in which the said purse and the chit were allegedly recovered creates
serious doubt. In the inquest panchnama, there is no reference to the
recovery of the black purse from the pocket of the deceased
Imtiyazkhan. Further, the prosecution has failed to prove the said chit
by obtaining the opinion of a handwriting expert. It is also the case of
the prosecution that the Investigating Officer produced the black
purse allegedly recovered from the deceased and that the chit was
found therein. However, neither any panchnama was drawn for the
recovery of the black purse nor was any separate panchnama drawn
in respect of the alleged recovery of the chit from the said purse.
There is also no material on record to establish from where exactly
the black purse was recovered or under what circumstances the
alleged chit was found therein. Furthermore, the handwriting
appearing on the said chit was neither compared with any admitted or
proved handwriting of the deceased nor was the chit sent for
examination by a handwriting expert. In the absence of any cogent
and reliable evidence connecting the deceased with the said chit, the
alleged recovery of the chit itself becomes highly doubtful and cannot
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safely be relied upon against the respondents.
15. Now, so far as the allegations relating to the earlier incident
concerning the death of the wife of deceased Imtiyazkhan are
concerned, no material whatsoever was found against the
respondents. In connection with the said incident, no further
investigation was proceeded with by the concerned Investigating
Officer of Danta Police Station. Under such circumstances, it is the
case of the defence that deceased Imtiyazkhan, being under pressure
and duress, committed the alleged suicide, which has subsequently
been converted into the present offence against the respondents.
Having regard to the evidence of the prosecution witnesses, namely,
PW Nos. 4, 5, 6, 7, 8 and 9, none of these witnesses has deposed
before the Trial Court that the respondents had extended any threat
to deceased Imtiyazkhan or had made any telephone calls to him.
Nothing material could be elicited from their evidence to establish
that the respondents had, in any manner, threatened, harassed or
otherwise instigated the deceased to commit suicide. The prosecution
has, therefore, failed to produce any cogent, reliable or legally
admissible evidence connecting the present respondents with the
crime in question for which they have been charged. In the absence of
such evidence, the allegations against the respondents remain
unsubstantiated.
16. If the provisions of Sections 107 and 306 of the IPC are
considered, the evidence of the aforesaid witnesses does not satisfy
the essential ingredients of Section 107 of the IPC. There is no
evidence whatsoever to establish that the respondents had, at any
point of time, provoked, instigated, incited or abetted deceased
Imtiyazkhan to commit suicide. Thus, the essential ingredients
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required to constitute the offence of abetment under Section 107 of
the IPC, so as to attract the provisions of Section 306 of the IPC, are
wholly absent in the present case. In view of the settled legal
principles enunciated by the Hon’ble Apex Court in the decisions in
the cases of Gangula Mohan Reddy Vs. State of Andhra
Pradesh , reported in [2010] 1 SCC 750 , and Naresh Kumar Vs.
State of Haryana , reported in [2024] 3 SCC 573 , the prosecution
has failed to establish the charge levelled against the respondents.
There is no clinching, cogent or reliable evidence on record to bring
home the guilt of the respondents or to establish their involvement in
the offence in question. In the absence of any substantive evidence
connecting the respondents with the alleged offence, the Trial Court
has rightly appreciated the evidence on record and recorded cogent
and convincing reasons while passing the impugned judgment and
order of acquittal, more particularly in paragraphs 13.1 to 13.5
thereof. Further, upon considering the evidence of the prosecution
witnesses and the reasons recorded by the Trial Court in paragraphs
14.1 to 14.3, it is evident that the Trial Court has given detailed and
cogent reasons for disbelieving the prosecution case. The Trial Court
has, therefore, rightly concluded that the prosecution story was not
believable and that the prosecution had failed to prove the case
against the respondents beyond reasonable doubt. Accordingly, the
impugned judgment and order of acquittal passed by the Trial Court in
favour of the respondents is just, proper and based upon a correct
appreciation of the evidence on record, and therefore, I am of the
opinion that the trial Court has not committed any error of facts and
law in passing the impugned judgment and order and I do not find any
illegality, perversity, or infirmity in the impugned judgment and order
warranting interference by this Court.
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17. It is well settled by catena of decisions that an Appellate Court
has full power to review, re-appreciate and reconsider the evidence
upon which the order of acquittal is founded. However, Appellate
Court must bear in mind that in case of acquittal there is double
presumption in favour of the accused. Firstly, the presumption of
innocence is available to him under the fundamental principle of
criminal jurisprudence that every person shall be presumed to be
innocent unless he is proved guilty by a competent Court of law.
Secondly, the accused having secured his acquittal, the presumption
of their innocence is further reinforced, reaffirmed and strengthened
by the trial Court.
18. Further, if two reasonable conclusions are possible on the basis
of the evidence on record, the Appellate Court should not disturb the
finding of acquittal recorded by the trial Court. Further, while
exercising the powers in appeal against the order of acquittal, the
Court of appeal would not ordinarily interfere with the order of
acquittal unless the approach of the lower Court is vitiated by some
manifest illegality and the conclusion arrived at would not be arrived
at by any reasonable person and, therefore, the decision is to be
characterized as perverse. Merely because two views are possible, the
Court of appeal would not take the view which would upset the
judgment delivered by the Court below. However, the Appellate Court
has a power to review the evidence if it is of the view that the
conclusion arrived at by the Court below is perverse and the Court has
committed a manifest error of law and ignored the material evidence
on record. A duty is cast upon the Appellate Court, in such
circumstances, to re-appreciate the evidence to arrive to a just
decision on the basis of material placed on record to find out whether
the accused are connected with the commission of the crime with
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which they are charged.
19. The scope and principles are enunciated by the Hon’ble Apex
Court in case of Chandrappa and others Vs. State of Karnataka
reported in (2007) 4 SCC 415 , more particularly paragraph Nos.
42 and 43 , which was subsequently re-affirmed by the Hon’ble Apex
Court Rajesh Prasad Vs. State of Bihar and another , reported in
[ 2022] 3 SCC 471 , wherein, the Hon’ble Apex Court has enunciated
the general principles in case of acquittal, more particularly in
paragraph No. 26 the general principles are set out by the Hon’ble
Apex Court based upon various decisions of the Hon’ble Apex Court.
Then in case of Babu Sahebagouda Rudragoudar Vs. State of
Karnataka, reported in AIR 2024 SC 2252 = (2024) 8 SCC 149,
the Hon'ble Apex Court has dealt with the similar issue, more
particularly, in paragraph Nos. 37 to 40. Hence, I am in complete
agreement with the findings recorded by the trial Court.
20. It is also worthwhile to refer to the recent decision of the
Hon’ble Supreme Court in the case of Ramesh vs. State of
Karnataka, reported in [2024] 9 SCC 169 , wherein the Hon’ble
Supreme Court has held and observed in paras-20 and 21 as under:-
“20. At this stage, it would be relevant to refer to the general
principles culled out by this Court in Chandrappa and others vs.
State of Karnataka , regarding the power of the appellate Court
while dealing with an appeal against a judgment of acquittal.
The principles read thus:
“42. …. (1) An appellate court has full power to review,
reappreciate and reconsider the evidence upon which the order
of acquittal is founded.
(2) The Code of Criminal Procedure, 1973 puts no limitation,
restriction or condition on exercise of such power and an
appellate court on the evidence before it may reach its own
conclusion, both on questions of fact and of law.
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(3) Various expressions, such as, “substantial and compelling
reasons”, “good and sufficient grounds”, “very strong
circumstances”, “distorted conclusions”, “glaring mistakes”, etc.
are not intended to curtail extensive powers of an appellate
court in an appeal against acquittal. Such phraseologies are
more in the nature of “flourishes of language” to emphasize the
reluctance of an appellate court to interfere with acquittal than
to curtail the power of the court to review the evidence and to
come to its own conclusion.
(4) An appellate court, however, must bear in mind that in case
of acquittal, there is double presumption in favour of the
accused. Firstly, the presumption of innocence is available to
him under the fundamental principle of criminal jurisprudence
that every person shall be presumed to be innocent unless he is
proved guilty by a competent court of law. Secondly, the
accused having secured his acquittal, the presumption of his
innocence is further reinforced, reaffirmed and strengthened by
the trial court.
(5) If two reasonable conclusions are possible on the basis of the
evidence on record, the appellate court should not disturb the
finding of acquittal recorded by the trial court.
21. In Rajendra Prasad v. State of Bihar, a three-Judge Bench of
this Court pointed out that it would be essential for the High
Court, in an appeal against acquittal, to clearly indicate firm and
weighty grounds from the record for discarding the reasons of
the Trial Court in order to be able to reach a contrary conclusion
of guilt of the accused. It was further observed that, in an appeal
against acquittal, it would not be legally sufficient for the High
Court to take a contrary view about the credibility of witnesses
and it is absolutely imperative that the High Court convincingly
finds it well-nigh impossible for the Trial Court to reject their
testimony. This was identified as the quintessence of the
jurisprudential aspect of criminal justice. Viewed in this light, the
brusque approach of the High Court in dealing with the appeal,
resulting in the conviction of Appellant Nos. 1 and 2, reversing
the cogent and well-considered judgment of acquittal by the
Trial Court giving them the benefit of doubt, cannot be
sustained.”
21. Considering the entire evidence on record, it clearly appears
that there is no credible evidence to connect the present accused with
the alleged crime and the evidence on record is not so convincing to
prove beyond reasonable doubt that the accused have committed the
alleged crime. Therefore, the accused cannot be convicted on the
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evidence on record.
22. On perusal of the impugned judgment and order, it clearly
transpires that the trial Court has not committed any error of fact and
law in appreciating the evidence on record and in acquitting the
accused from the charges levelled against them. Even on re-
appreciation of the evidence, it clearly transpires that the prosecution
has miserably failed to prove the charge levelled against the accused
beyond reasonable doubt. Therefore, the impugned judgment and
order of the trial Court is sustainable and the present appeal is liable
to be dismissed.
23. In view of the above, t h e present appeal is devoid of merits and
it deserves to be dismissed. Resultantly, it is dismissed. The
impugned judgment and order of acquittal passed by the trial Court is
hereby confirmed. Bail bond stands cancelled. Record and
proceedings be sent back to the concerned Trial Court forthwith.
(HEMANT M. PRACHCHHAK,J)
Dolly
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