Gujarat High Court

Acquittal upheld due to lack of medical evidence and failure to prove harassment or homicidal intent.

STATE OF GUJARAT vs VANKAR KANUBHAI TEJABHAI

Gujarat High CourtJUDGMENT: June 20, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Appellant (State of Gujarat) challenged the acquittal of four respondents charged under Sections 302, 201 read with Sections 34 and 114 of the IPC

Source reference: p. 1-2

The prosecution alleged that on the night of 07.05.2002, the respondents murdered Savitaben (the deceased), who was six months pregnant and married to Respondent No. 1 for one year, by strangulation

Source reference: p. 2

The complainant (PW-1) alleged he observed strangulation marks and bruises upon reaching her matrimonial home but was pressured by community elders into cremating the body without a post-mortem

Source reference: p. 2-3

An FIR was lodged after a three-day delay

Source reference: p. 3

The Trial Court acquitted the accused citing lack of evidence and unexplained delays

Source reference: p. 3
02

Issues

1. Whether the prosecution proved beyond reasonable doubt that the deceased died a homicidal death at the hands of the respondents

Source reference: p. 3-4

2. Whether the circumstantial evidence, including alleged strangulation marks and a recovered rope, was sufficient to overrule the Trial Court’s order of acquittal

Source reference: p. 4-5
03

Law Applied

The Court applied Section 302 (Punishment for murder) and Section 201 (Causing disappearance of evidence) of the Indian Penal Code, 1860

Source reference: p. 2

It adhered to the standard of proof for circumstantial evidence, requiring a complete chain of events linking the accused to the crime

Source reference: p. 10

The Court also relied on the principle that in an appeal against acquittal, the appellate court should not interfere unless the Trial Court’s findings are perverse or based on a misappreciation of evidence

Source reference: p. 10-11
04

Reasoning

The Court observed that the medical cause of death remained unestablished as the deceased was cremated prior to a post-mortem

Source reference: p. 8-9

PW-2 (mother of the deceased) contradicted the prosecution's theory of harassment, admitting the deceased had never complained of torture and had returned to her matrimonial home "happily"

Source reference: p. 8

The Court noted that the complainant (PW-1), a school teacher, was accompanied by educated relatives (a Professor and a Deputy Mamlatdar) during the celebration, making the claim of "community pressure" as a reason for not seeking a post-mortem or filing a timely FIR highly improbable

Source reference: p. 9-10

Furthermore, the FSL report on the recovered rope and funeral remains provided no incriminating evidence, and the Investigating Officer (PW-7) admitted that the complainant did not initially mention injury marks when the statement was recorded

Source reference: p. 8-9
05

Holding

The High Court held that the prosecution failed to provide cogent evidence linking the respondents to the death

It found no mental or physical harassment proved and no evidence of strangulation

Source reference: p. 10

The Court affirmed that the Trial Court’s findings were just, proper, and in consonance with the evidence

Source reference: p. 10

The acquittal was upheld, and the Criminal Appeal was dismissed as being devoid of merit

Source reference: p. 11
Gujarat High Court

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STATE OF GUJARATvsVANKAR KANUBHAI TEJABHAI

Gujarat High Court · June 20, 2026

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