Facts
The State appealed against the judgment dated 12.08.2011 by the 2nd Additional Sessions Judge, Mehsana, which acquitted the respondents of charges under Sections 498A, 306, and 114 of the IPC.
Source reference: p. 2The prosecution alleged that Respondent No. 1 (husband of the deceased, Ratanben) had an illicit relationship with Respondent No. 2, leading to physical and mental torture of the deceased, who committed suicide by hanging on 09.09.2001.
Source reference: p. 2The marriage had lasted 17 years.
Source reference: p. 5Medical evidence confirmed unnatural death.
Source reference: p. 9Issues
Whether the respondents were liable for charges under Sections 498A, 306, and 114 of the IPC regarding the physical and mental torture leading to the suicide of the deceased.
Source reference: p. 2Whether there was sufficient evidence of harassment or instigation by the respondents to constitute abetment of suicide.
Source reference: p. 2Law Applied
Section 498A of the Indian Penal Code (Husband or relative of husband of a woman subjecting her to cruelty).
Source reference: p. 2Section 306 of the Indian Penal Code (Abetment of suicide).
Source reference: p. 2Section 114 of the Indian Penal Code (Abettor present when offence is committed).
Source reference: p. 2Reasoning
The trial court found insufficient evidence of harassment or instigation, noting that independent witnesses and the daughter of the deceased (PW-5) did not support the prosecution's claims regarding the illicit affair.
Source reference: p. 2Holding
The trial court acquitted the respondents of charges under Sections 498A, 306, and 114 of the IPC.
The State's appeal against the acquittal judgment dated 12.08.2011 was initiated.
Source reference: p. 2Original Court PDF
STATE OF GUJARATvsTHAKOR JAYANTIJI DIVANJI
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