STATE OF GUJARAT vs SWARUPBHAI PARVATBHAI PATELIA

R/CR.A/415/2013 JUDGMENT DATED: 02/11/2026
(GJHC240439332013)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 415 of 2013
FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO Sd/-

========================================================
Approved for Reporting Yes No
√
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STATE OF GUJARAT
Versus
SWARUPBHAI PARVATBHAI PATELIA & ORS.
========================================================
Appearance:
MR KRUTIK PARIKH, APP for the Appellant(s) No. 1
MR PARTHIV A BHATT(5331) for the Opponent(s)/Respondent(s) No. 1,2,3
========================================================
CORAM: HONOURABLE MS. JUSTICE S.V. PINTO

Date : 02/11/2026

ORAL JUDGMENT
1. This appeal has been filed by the appellant – State
under Section 378(1)(3) of the Code of Criminal Procedure, 1973
(hereinafter referred to as ‘the Code’) against the judgment and
the order dated 11.08.2011 in Sessions Case No.11 of 2011
th
passed by the learned 7 Additional Sessions Judge,
Panchmahals at Godhra (hereinafter referred to as ‘the learned
Trial Court’), whereby, the learned Trial Court has acquitted the
respondents – accused from the offences punishable under
Sections 498(A), 306 and 114 of the Indian Penal Code
(hereinafter referred to as ‘the IPC’). The respondents are
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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 relevant facts leading to filing of the present
appeal are as under:
The prosecution case, as emerging from the
2.1.
complaint, is that accused No. 1 was married to deceased
Baliben, daughter of the complainant, Bhavanbhai Rupabhai
Pateliya, approximately six years prior to the date of the alleged
incident. Accused Nos. 2 and 3 are the mother-in-law and father-
in-law, respectively, of the deceased. It is alleged that, after her
marriage, Baliben gave birth to a male child, who subsequently
expired. Thereafter, she conceived a female child; however, the
pregnancy resulted in a miscarriage. It is the case of the
prosecution that, as Baliben remained childless thereafter, she
was subjected to persistent mental and physical harassment by
the accused persons on account of her inability to bear children.
It is further alleged that accused Nos. 2 and 3 used to instigate
and provoke accused No. 1 to subject the deceased to such
harassment and ill-treatment. According to the prosecution, the
continuous harassment and cruelty allegedly meted out to
Baliben by the accused persons rendered her life so miserable
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and intolerable that, being unable to withstand the same, she
was driven to take the extreme step of ending her life.
Consequently, on 25.11.2010, Baliben allegedly committed
suicide by jumping into a well situated in the agricultural field of
Sureshbhai Valambhai Pagi at village Patiya. In connection with
the aforesaid incident, the complainant, Bhavanbhai Rupabhai
Pateliya, father of the deceased, lodged a complaint on
26.11.2010 at about 19:30 hours before Shehra Police Station,
alleging the commission of offences punishable under Sections
498A, 306 and 114 of the Indian Penal Code against the accused
persons. The said complaint came to be registered as I-C.R. No.
198 of 2010 at Shehra Police Station.
2.2. After registration of the FIR, the investigation was
carried out by the concerned Investigating Officer and after
having sufficient material against the accused, the chargesheet
came to be filed before the concerned jurisdictional Magistrate,
which registered as Criminal Case No.33 of 2011. As the case
was exclusively triable by the Court of Sessions therefore, after
completion of process under Section 209 of the Cr.P.C., the case
was committed to the Sessions Court, Panchmahals at Godhra
and the same was registered as Sessions Case No.11 of 2011.
2.3. The accused were duly served with the summons and
the accused appeared before the learned Trial Court and it was
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verified whether the copies of all the police papers were
provided to the accused as per the provisions of Section 207 of
the Code. A charge was framed by the learned Trial Court at
Exh.3 and the statements of the accused were recorded at
Exhs.4 to 6 respectively, wherein, the accused denied all the
contents of the charge and the entire evidence of the
prosecution was taken on record. The prosecution has examined
8 witnesses and has produced 7 documentary evidence in
support of the case.
2.4. After the closing pursis was submitted by the learned
APP at Exh.23, the further statements of the accused under
Section 313 of the Code were recorded. After hearing the
arguments of the learned APP and learned advocate for the
accused and after perusing the documents on record, the
learned Trial Court, by the impugned judgment and order,
acquitted the accused for the offences punishable under
Sections 498(A), 323, 306, and 114 of the IPC.
3. Being aggrieved and dissatisfied with the impugned
judgment and order passed by the learned Trial Court, the
appellant – State has filed the present appeal mainly stating that
the impugned judgment and order of acquittal passed by the
learned Trial Court is contrary to law, evidence on record and
principles of natural justice. That the judgment and order of
acquittal passed by the learned Trial Court is based on
inferences not warranted by facts of the case and also on
presumption not permitted by law. That there are directed and
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indirect evidence connecting the respondents with crime
produced in this Court, in spite of the fact, the learned Trial
Court without appreciating oral as well as documentary
evidence on record of the case, straight way arrived at
conclusion that the prosecution has failed to prove the case
beyond reasonable doubt. The learned Trial Court has erred in
not considering the ratio laid down by the judgment of the Apex
Court which are applicable to the facts of the present case and
the impugned judgment and order is perverse and suffering
from legal and factual error apparent on the record. The learned
Trial Court has, without giving any specific reason, not discussed
the evidence of the witnesses in the impugned judgment and
order of acquittal and has discarded the evidence of the
witnesses. The learned Trial Court has erred in not considering
the evidence of the complainant and other witnesses which was
fully supported the case of the prosecution. The learned Trial
Court has passed the impugned judgment and order of acquittal
is without giving any cogent and convincing reasons, illegal,
invalid and improper, and therefore, the same requires to be
quashed and set aside.
4. Heard learned APP Mr.Krutik Parikh for the appellant
– State and learned advocate Mr.Parthiv A. Bhatt for the
respondents. Perused the impugned judgment and order of
acquittal and have re-appreciated the entire evidence of the
prosecution on record of the case.
5. Learned APP Mr.Krutik Parikh for the appellant –
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State has taken this Court through the entire evidence produced
by the prosecution and has vehemently argued that the learned
Trial Court has not appreciated the evidence properly and the
prosecution has produced cogent evidence to prove the case
and has successfully proved the case against the accused but the
learned Trial Court has not considered the same and has
acquitted the accused. The judgment and order of acquittal
passed by the learned Judge is contrary to law, evidence on
record and principles of justice. The judgment and order of
acquittal passed by learned Judge is based on inferences, not
warranted by facts of the case and also on presumptions, not
permitted by law. Learned APP has urged this Court to quash
and set aside the impugned judgment and order of acquittal and
to find the accused guilty for the said offence and impose
maximum sentence on the accused.
6. Learned advocate Mr.Parthiv Bhatt for the
respondents – original accused has submitted that the learned
Trial Court has appreciated all the evidence in true perspective
and has not committed any error in acquitting the accused.
Therefore, no interference of this Court is required in the
impugned judgment and the order of acquittal passed by the
learned Trial Court and has urged this Court to reject the
appeal.
7. At the outset, before discussing the facts of the
present case, it would be appropriate to refer to the
observations of the Apex Court in the case of Chandrappa &
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Ors. Vs. State of Karnataka reported in 2007 (4) SCC 415 , the
Apex Court has observed as under:
Recently, in Kallu Vs. State of M.P. (2006) 10 SCC 313 :
AIR 2006 SC 831, this Court stated; "While deciding an appeal
against acquittal, the power of the Appellate Court is no less than the
power exercised while hearing appeals against conviction. In both
types of appeals, the power exists to review the entire evidence.
However, one significant difference is that an order of acquittal will
not be interfered with, by an appellate court, where the judgment of
the trial court is based on evidence and the view taken is reasonable
and plausible. It will not reverse the decision of the trial court merely
because a different view is possible. The appellate court will also
bear in mind that there is a presumption of innocence in favour of the
accused and the accused is entitled to get the benefit of any doubt.
Further if it decides to interfere, it should assign reasons for differing
with the decision of the trial court". (emphasis supplied)
…….. From the above decisions, in our considered view, the
following general principles regarding powers of appellate Court
while dealing with an appeal against an order of acquittal emerge;]
(1) An appellate Court has full power to review, reappreci-
ate and reconsider the evidence upon which the order
of acquittal is founded;
(2) The Code of Criminal Procedure, 1973 puts no limita-
tion, 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;
(3) Various expressions, such as, 'substantial and com-
pelling 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 ac-
quittal. 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
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of the accused. Firstly, the presumption of innocence
available to him under the fundamental principle of
criminal jurisprudence that every person shall be pre-
sumed 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.
8. It is a settled principle of law that in an appeal
against acquittal, the Appellate Court is circumscribed by
limitation that no interference has to be made in the order of
acquittal unless after appreciation of the evidence produced
before the learned Trial Court, it appears that there are some
manifest illegality or perversity which could not have been
possibly arrived at by the Court. It is also a settled principle that
there is no embargo on the Appellate Court to review the
evidence but, generally the order of acquittal shall not be
interfered with as the presumption of innocence of the accused
is further strengthened by the order of acquittal. The golden
thread which runs through the web of administration of justice in
criminal cases is that if two views are possible on the evidence
adduced in the case of the prosecution i.e. (i) guilt of the
accused and (ii) his innocence, the view, which is in favour of the
accused, should be adopted, and if the trial Court has taken the
view in favour of the accused, the Appellate Court should not
disturb the findings of the acquittal. The Appellate Court can
interfere with the judgment and order of acquittal only when
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there are compelling and substantial reasons and the order is
clearly unreasonable and where the Appellate Court comes to
conclusion that based on the evidence, the conviction is a must.
9. As the appeal pertains to a case under Section 306 of
the IPC, it would be appropriate to reproduce the observations
of the Hon’ble Apex Court in the case of Mahendra Awase vs
The State of Madhya Pradhesh Criminal Appeal No.
221/2025 (@ SLP(Cr) No. 11868/2023) passed on 17th January,
2025 which is as under:
“ 11. Section 306 of the IPC reads as under:-
“306. Abetment of suicide. If any person commits suicide,
whoever abets the commission of such suicide, shall be
punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to
fine.”

12. Section 107 of the IPC reads as under:-
“ 107. Abetment of a thing.-A person abets the doing of a thing,
who-
First. - Instigates any person to do that thing; or
Secondly. - Engages with one or more other person or persons in
any conspiracy for the doing of that thing, if an act or illegal
omission takes place in pursuance of that conspiracy, and in order
to the doing of that thing; or
Thirdly. - Intentionally aids, by any act or illegal omission, the doing
of that thing.”
As is clear from the plain language of the Sections to attract
the ingredient of Section 306, the accused should have abetted the
commission of a suicide. A person abets the doing of a thing who
Firstly - instigates any person to do that thing or Secondly - engages
with one or more other person or persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in
pursuance of that conspiracy, and in order to the doing of that thing
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or Thirdly - intentionally aids, by any act or illegal omission, the
doing of that thing.
13. In Swamy Prahaladdas vs. State of M.P. and Another ,
[1995 Supp (3) SCC 438] , the appellant remarked to the
deceased that 'go and die' and the deceased thereafter,
committed suicide. This Court held that:-
" 3 . ...Those words are casual nature which are often
employed in the heat of the moment between
quarreling people. Nothing serious is expected to
follow thereafter. The said act does not reflect the
requisite 'mens rea' on the assumption that these
words would be carried out in all events. …"
14. In Madan Mohan Singh vs. State of Gujarat and Another ,
(2010) 8 SCC 628 , this Court held that in order to bring out an
offence under Section 306 IPC specific abetment as
contemplated by Section 107 IPC on the part of the accused
with an intention to bring about the suicide of the person
concerned as a result of that abetment is required. It was
further held that the intention of the accused to aid or to
instigate or to abet the deceased to commit suicide is a must
for attracting Section 306.
15. In Amalendu Pal alias Jhantu vs. State of West Bengal ,
(2010) 1 SCC 707 , this Court held as under:-
“ 12. Thus, this Court has consistently taken the view that
before holding an accused guilty of an offence under
Section 306 IPC, the court must scrupulously examine
the facts and circumstances of the case and also assess
the evidence adduced before it in order to find out
whether the cruelty and harassment meted out to the
victim had left the victim with no other alternative but
to put an end to her life. It is also to be borne in mind
that in cases of alleged abetment of suicide there must
be proof of direct or indirect acts of incitement to the
commission of suicide. Merely on the allegation of
harassment without there being any positive action
proximate to the time of occurrence on the part of the
accused which led or compelled the person to commit
suicide, conviction in terms of Section 306 IPC is not
sustainable. [Emphasis supplied]
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16 . In order to bring a case within the purview of Section 306 IPC
there must be a case of suicide and in the commission of the
said offence, the person who is said to have abetted the
commission of suicide must have played an active role by an
act of instigation or by doing certain act to facilitate the
commission of suicide. Therefore, the act of abetment by the
person charged with the said offence must be proved and
established by the prosecution before he could be convicted
under Section 306 IPC.
17. M. Mohan vs. State, (2011) 3 SCC 626 followed Ramesh
Kumar vs. State of Chhattisgarh, (2001) 9 SCC 618 ,
wherein it was held as under:-
41. This Court in SCC para 20 of Ramesh Kumar has
examined different shades of the meaning of
"instigation". Para 20 reads as under: (SCC p. 629)
“ 20. Instigation is to goad, urge forward, provoke,
incite or encourage to do 'an act'. To satisfy the
requirement of instigation though it is not
necessary that actual words must be used to that
effect or what constitutes instigation must
necessarily and specifically be suggestive of
the consequence. Yet a reasonable certainty to
incite the consequence must be capable of
being spelt out. The present one is not a case
where the accused had by his acts or omission
or by a continued course of conduct created
such circumstances that the deceased was left
with no other option except to commit suicide in
which case an instigation may have been
inferred. A word uttered in the fit of anger or
emotion without intending the consequences to
actually follow cannot be said to be instigation."
In the said case this Court came to the conclusion that
there is no evidence and material available on record
where-from an inference of the appellant accused
having abetted commission of suicide by Seema (the
appellant's wife therein) may necessarily be drawn.”
Thereafter, this Court in Mohan (supra) held:-
45. The intention of the legislature and the ratio of the
cases decided by this Court are clear that in order to
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convict a person under Section 306 IPC there has to be
a clear mens rea to commit the offence. It also requires
an active act or direct act which led the deceased to
commit suicide seeing no option and this act must
have been intended to push the deceased into such a
position that he/she committed suicide.” [Emphasis
supplied].
10. In light of the above, the evidence produced by the
PW-1, Dr. Rajiv Nayan
prosecution on record is appreciated and
Saryuprasad, examined at Exh.7, was serving as a Medical
Officer at the Primary Health Centre, Shehra, District
Panchmahal. He deposed that he had performed the post-
mortem examination on the dead body of deceased Baliben
Swaroopbhai Pateliya on 26.11.2010 between 1:15p.m. and
3:40p.m. The witness produced the post-mortem report at Exh.8
and opined that the cause of death was asphyxia due to
drowning. As per the post-mortem report in Column No.17 an
abrasion 4cm x 2cm was found on the right elbow joint and an
abrasion of 5cm x 2cm was found on the right shoulder joint.
Besides this, no other injuries were found on the body of the
deceased.
During his cross-examination by the learned
advocate for the accused, the witness admitted that if a person
accidentally falls into a well, the cause and nature of death could
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be similar to that of deceased Baliben.
10.1. PW-2, Bhavanbhai Rupabhai Pateliya, examined at
Exh.9, is the father of deceased Baliben and the complainant. He
deposed that his daughter Baliben was married to accused No.1
and that she was subjected to harassment by her matrimonial
family on account of her inability to bear a child. He further
stated that whenever his daughter came to her parental home,
the accused persons would take her back to her matrimonial
home. With regard to the incident, the witness stated that on the
relevant day, at about 8:00 p.m., while he was at his residence,
the police contacted the Sarpanch over the telephone and
informed him that the dead body of Baliben had been recovered
from a well. Thereafter, he went to the place and identified the
dead body of his daughter. He further stated that he noticed
injuries on her head and that her hands and legs appeared to be
broken. The witness identified the complaint lodged by him at
Shehra Police Station, which was produced at Exh.10.
During his cross-examination, the witness admitted
that his daughter had been married approximately eight years
prior to the incident and that he had never lodged any complaint
against the accused persons during her lifetime. He further
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admitted that the place where the dead body was found was
situated at a distance of approximately 40 to 50 k.m. from the
matrimonial home of his daughter. He also stated that, after
completion of the post-mortem examination, the dead body was
handed over to the accused persons and that he had no
objection to the same. The accused persons thereafter took the
dead body to their village for performing the last rites. The
witness further admitted that, subsequently, the neighbours
gathered and a decision was taken that a complaint should be
lodged. Pursuant thereto, he went to Shehra Police Station during
the night and lodged the complaint. He also admitted that, when
his statement had initially been recorded, he had not made any
allegations against the accused persons.
10.2. PW-3, Geetaben Vikrambhai Pagi, examined at
Exh.12, deposed that she was residing with her parents at village
Patiya and was studying at the relevant time. She stated that
there was a well situated near her residence. On the day of the
incident, while her mother was cooking and she was washing
clothes and putting them out to dry, she heard a sound
emanating from the direction of the well. Upon hearing the
sound, she went towards the well and noticed that a woman had
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fallen into it. She immediately called her mother, and both of
them raised an alarm and called other persons from the village.
By that time, the woman had gone beneath the water and could
no longer be seen. Thereafter, several villagers gathered at the
spot and the dead body was eventually taken out of the well.
During her cross-examination, the witness clarified
that, upon hearing the sound, she merely presumed that
somebody had fallen into the well. However, she had not
witnessed the actual occurrence and did not know how the
woman had fallen into the well. She further stated that village
Patiya was situated at a distance of approximately 15 k.m. from
village Melal. She categorically admitted that she was unaware
of the reason as to why the woman had fallen into the well.
10.3. PW-4, Rangitbhai Parvatbhai, examined at Exh.13, is a
cousin of the deceased. He deposed that on 25.11.2010, while he
was at his residence, the Sarpanch received a telephone call
from Shehra Police informing him that the dead body of Baliben
had been recovered from a well situated at village Patiya.
Thereafter, the Sarpanch came to his house, gathered the
neighbours and informed them about the incident. They hired a
vehicle and proceeded to Shehra Police Station, where the dead
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body was shown to them and was identified as that of Baliben.
He further stated that the post-mortem examination was
conducted on the following day, after which the dead body was
brought back and the last rites were performed. The witness
further deposed that his sister Baliben was being harassed by
the accused persons and that quarrels used to take place
frequently at her matrimonial home. On account of such
disputes, she had returned to her parental home. However, she
had gone back to her matrimonial home approximately three
days prior to the incident, and thereafter her dead body was
found in the well.
During his cross-examination, the witness stated that
he was residing near the house of the complainant. He admitted
that he had visited the house of the accused persons
approximately three months prior to the incident, but none of the
accused was present there at that time. He further stated that he
did not know whether accused No. 1 was working at Vadodara or
where exactly he was employed. He also admitted that, prior to
the present complaint, there had been no occasion to lodge any
complaint against the accused persons. He further stated that the
well from which the dead body of Baliben was recovered was
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situated at a distance of approximately 15 to 17 k.m. from her
matrimonial village. He did not know when Baliben had left her
matrimonial home or what had actually transpired thereafter.
10.4. PW-5, Gopalbhai Bhudarbhai Pateliya, examined at
Exh.14, was the former Sarpanch of village Jethlibor. He
deposed that on 25.11.2010, while he was at his residence, he
received a telephone call from Shehra Police on his mobile
phone. The police inquired about the distance between his
residence and the house of Bhavanbhai Rupabhai, to which he
replied that it was approximately 500 metres. The police
thereafter asked him to inform Bhavanbhai Rupabhai Pateliya to
contact the police. The police also inquired as to the village in
which Bhavanbhai's daughter was married, whereupon they
were informed that she was married at village Melal. The police
then informed them that her dead body had been recovered
from a well and had been kept at the mortuary of the hospital.
Thereafter, the witness and others went to the hospital and saw
the dead body of Baliben. He categorically stated that he did not
know how Baliben had fallen into the well and had no personal
knowledge regarding the circumstances of her death.
During his cross-examination, the witness specifically
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admitted that the complainant had never informed him about
any harassment allegedly meted out to Baliben by the accused
persons.
10.5. PW-6, Narendrasinh Kesarsinh, examined at Exh.15,
was serving as an Unarmed Head Constable, bearing Buckle No.
1748, and was the Police Station Officer. He deposed that, on the
basis of the information furnished by Sureshbhai Valambhai
Pagi, an accidental death case bearing A.D. No. 57 of 2010 came
to be registered. The witness produced the relevant information
at Exh.16.
During his cross-examination, the witness stated that
the inquiry into the accidental death was conducted by
Pahadsinh Pratapsinh. As per the document produced at Exh.16,
the information was furnished by Sureshbhai Valambhai on
25.11.2010 at about 11:30 a.m. It was stated therein that the
informant had been informed by his niece that a woman had
fallen into a well. Upon reaching the well, he had noticed the
dead body of a woman lying at the bottom thereof. The witness
further stated that, at that stage, the informant did not know the
name or identity of the deceased woman.
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10.6. PW-7, Revaben Rangitbhai Patel, examined at Exh.17,
is the sister-in-law of deceased Baliben. She deposed that
Baliben had given birth to a male child, who subsequently
expired. Thereafter, Baliben had conceived again, but
unfortunately suffered a miscarriage. The witness further stated
that Baliben had once come to their house and thereafter
returned to her matrimonial home. On the day of the incident,
the former Sarpanch came and informed them that Baliben had
died and that her dead body had been recovered from a well
situated at village Patiya. The witness further stated that
whenever Baliben visited her parental home, she never
disclosed anything regarding harassment or ill-treatment by the
accused persons. She also stated that the accused persons used
to come and take Baliben back to her matrimonial home. The
witness categorically expressed her ignorance as to whether
Baliben was subjected to any harassment at her matrimonial
home.
During her cross-examination, the witness stated that,
after losing her infant son and subsequently suffering a
miscarriage, Baliben was mentally disturbed and remained
worried. She further stated that Baliben had also lost her mother
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and that her father was addicted to alcohol.
10.7. PW-8, Shantilal Laljibhai Gameti, examined at Exh.22,
was the Investigating Officer. He deposed regarding the various
steps undertaken by him during the course of investigation.
During his cross-examination, the witness stated that
the complaint had been recorded by the Deputy Superintendent
of Police. He further admitted that the place from where the dead
body was recovered was situated at a distance of approximately
15 to 20 k.m. from the matrimonial home of the deceased. During
the course of investigation, it was revealed that the deceased
had left her matrimonial home on the preceding day. However,
the Investigating Officer admitted that there was nothing on
record to indicate that any incident had occurred on the day
immediately preceding the death of the deceased. The witness
further admitted that, as per the post-mortem report, no injuries
were found on the body of the deceased. He also admitted that
the complainant had not stated in his complaint that the dead
body of his daughter bore injuries or that her hands and legs
were broken, as subsequently stated in his deposition before the
Court.
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11. Apart from the aforesaid oral evidence, the
prosecution also produced the panchnama of the scene of
offence at Exh.19, the cause of death certificate at Exh.20 and
the panchnama relating to the identification of the dead body at
Exh.21. All the aforesaid documents were admitted by the
accused persons and were accordingly exhibited in evidence.
12. Upon an overall reappreciation and scrutiny of the
entire oral as well as documentary evidence on record, it
emerges that the prosecution has failed to establish, beyond
reasonable doubt, that the deceased Baliben was subjected to
such persistent cruelty or harassment by the accused persons as
would have driven her to commit suicide. Though the
prosecution has alleged that the deceased was being mentally
and physically harassed on account of her inability to bear a
child, the evidence led by the prosecution does not satisfactorily
substantiate the said allegation. The complainant, who is the
father of the deceased, admitted in his cross-examination that he
had never lodged any complaint against the accused persons
during the lifetime of his daughter. He further admitted that,
whenever his daughter visited her parental home, the accused
persons used to come and take her back to her matrimonial
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home. Significantly, he also admitted that, when his statement
was initially recorded, he had not levelled any allegations of
harassment against the accused persons. PW-5, the former
Sarpanch, categorically stated that the complainant had never
informed him about any harassment being meted out to the
deceased by the accused persons. Similarly, PW-7, the sister-in-
law of the deceased, stated that whenever Baliben visited her
parental home, she never disclosed anything regarding
harassment or ill-treatment at her matrimonial home. On the
contrary, she stated that the accused persons used to come and
take her back to the matrimonial home.
12.1. It is further pertinent to note that none of the
prosecution witnesses has deposed about any specific incident
of instigation, abetment, provocation or intentional aiding on the
part of any of the accused persons which could have directly or
indirectly facilitated or compelled the deceased to commit
suicide. There is no evidence on record indicating any particular
act or conduct attributable to the accused persons immediately
preceding the incident which could establish the necessary
nexus between the alleged harassment and the commission of
suicide by the deceased. Merely because the deceased had lost
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her infant son and subsequently suffered a miscarriage, it
cannot, in the absence of cogent and reliable evidence, be
presumed that the accused persons had subjected her to such
cruelty or harassment as alleged by the prosecution. In fact, PW-
7 has stated that, after losing her infant son and suffering a
miscarriage, the deceased was mentally disturbed and worried.
The said circumstance, by itself, cannot be construed as
establishing the guilt of the accused persons.
12.2. Another significant circumstance which requires
consideration is that an accidental death case had already been
registered in connection with the incident on 25.11.2010, being
A.D. No. 57 of 2010, on the basis of the information furnished by
Sureshbhai Valambhai Pagi. The said information, produced at
Exh.16, indicates that the informant had received information
from his niece that a woman had fallen into the well and, upon
reaching the spot, he had noticed the dead body lying at the
bottom of the well. The inquiry into the said accidental death
was conducted by Pahadsinh Pratapsinh. However, the said
Investigating Officer has not been examined by the prosecution,
nor have the papers pertaining to the accidental death inquiry
been brought on record. Consequently, the statements recorded
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during the course of the said inquiry and the circumstances
which had emerged therein have not been brought before the
Court. In the absence of such material, it is not possible to
ascertain what version had initially been furnished by the
complainant and the other witnesses regarding the
circumstances in which the deceased had fallen into the well. It
is also relevant to note that PW-2, the complainant himself,
admitted that the complaint was lodged after the neighbours
had gathered and collectively decided that a complaint should
be filed. He further admitted that he thereafter went to the police
station during the night and lodged the complaint. This
admission assumes significance when considered in
juxtaposition with his further admission that no allegations of
harassment had been made when his statement was initially
recorded. The subsequent improvements and omissions in the
version of the complainant, therefore, require careful scrutiny,
particularly when the independent witnesses have not
supported the prosecution case regarding the alleged
harassment.
12.3. Furthermore, the medical evidence does not
establish any circumstance suggesting that the deceased had
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been subjected to physical assault prior to her death. PW-1, the
Medical Officer who conducted the post-mortem examination,
opined that the cause of death was asphyxia due to drowning
and admitted that a person accidentally falling into a well could
also sustain a similar cause of death. The Investigating Officer,
PW-8, also admitted that, as per the post-mortem report, no
injuries were found on the body of the deceased. He further
admitted that the complainant had not stated in his complaint
that the deceased had sustained injuries on her head or that her
hands and legs were broken, though such assertions were
subsequently made in his deposition. Thus, even the medical
evidence does not lend support to the subsequent version of the
complainant regarding the physical condition of the deceased.
13. In the context of the offence punishable under
Section 306 of the IPC, as held in Mahendra Awase (Supra) the
prosecution is required to establish the essential ingredients of
abetment as contemplated under Section 107 of the IPC. The
mere fact that a woman has committed suicide or that there were
matrimonial differences or alleged instances of harassment
would not, by itself, be sufficient to establish the offence of
abetment of suicide. There must be cogent evidence
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demonstrating instigation, intentional aid or participation of the
accused persons in the commission of suicide, together with the
requisite mens rea. In the present case, the prosecution has
failed to bring on record any specific act of instigation,
intentional assistance or active participation on the part of any of
the accused persons. There is also no evidence to demonstrate
that the deceased was left with no alternative but to take the
extreme step of ending her life on account of the conduct of the
accused persons. The essential ingredients constituting the
offence under Section 306 of the IPC are, therefore, not
established.
13.1. Similarly, in the absence of reliable and convincing
evidence establishing cruelty or harassment within the meaning
of Section 498A of the IPC, the charge under the said provision
also cannot be sustained. Once the prosecution has failed to
establish the substantive offences against the accused persons,
the question of invoking Section 114 of the IPC also does not
arise.
14. In view of the aforesaid discussion, this Court finds
that the learned Trial Court has properly appreciated the oral as
well as documentary evidence and has rightly considered the
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material omissions, contradictions and deficiencies in the
prosecution case. The learned Trial Court has assigned cogent
and convincing reasons for extending the benefit of doubt to the
accused persons. The findings recorded by the learned Trial
Court are based on a proper appreciation of the evidence
available on record and cannot be said to be perverse,
unreasonable or contrary to the settled principles governing
criminal jurisprudence. It is well settled that, in an appeal
against acquittal, unless the findings recorded by the learned
Trial Court are manifestly erroneous, perverse or wholly
unsustainable on the basis of the evidence on record,
interference by the appellate Court is not warranted. In the
present case, no such exceptional circumstance is made out
warranting interference with the judgment and order of
acquittal.
15. Accordingly, this Court finds no reason to take a view
different from the one adopted by the learned trial Court. The
judgment and order of acquittal passed by the learned Trial
Court acquitting the accused persons of the offences punishable
under Sections 498A, 306 and 114 of the Indian Penal Code
deserves to be confirmed. The appeal, therefore, fails and is
accordingly dismissed.
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16.
The impugned judgment and the order dated
11.08.2011 in Sessions Case No.11 of 2011 passed by the
th
learned 7 Additional Sessions Judge, Panchmahals at Godhra is
hereby confirmed.
17. Bail bond stands cancelled. Record and proceedings
be sent back to the concerned Trial Court forthwith.
Sd/-
(S. V. PINTO,J)
F.S.KAZI…..
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