Gujarat High Court

Presumption of innocence in acquittal appeals is reinforced through lack of credible evidence of matrimonial cruelty.

STATE OF GUJARAT vs NANJI HAMRIBHAI

Gujarat High CourtJUDGMENT: June 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The deceased, Kamalaben, married Accused No. 2 (Nagjibhai) in approximately 1989.

Source reference: p. 2

The prosecution alleged that five months prior to the incident, Kamalaben reported mental and physical harassment by her husband and in-laws.

Source reference: p. 2

On 20.11.1990, the deceased committed suicide by self-immolation using kerosene.

Source reference: p. 3

A complaint was lodged under Sections 498A and 306 of the IPC alleging that harassment drove her to suicide within seven years of marriage.

Source reference: p. 3

The Trial Court (Additional Sessions Judge, Rajkot) acquitted the accused on 08.04.2009.

Source reference: p. 1

During the pendency of this appeal, Accused No. 2 (husband) died, and the appeal abated against him.

Source reference: p. 1, 10

Nanji Hamribhai (Accused No. 1/Respondent No. 1) remained the sole respondent.

Source reference: no citation
02

Issues

1. Whether the Trial Court committed a manifest error or perversity in acquitting the accused based on the available evidence.

Source reference: p. 7, 13

2. Whether the prosecution proved the ingredients of cruelty (Section 498A) and abetment of suicide (Section 306) beyond a reasonable doubt.

Source reference: p. 7, 9
03

Law Applied

Section 306 (Abetment of suicide) and Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code.

Source reference: p. 2

The Court adhered to the appellate standards for reviewing acquittals established in Chandrappa v. State of Karnataka (2007), which mandates a double presumption of innocence in favor of the acquitted.

Source reference: p. 11

It further relied on Rajendra Prasad v. State of Bihar (2022) and Babu Sahebagouda Rudragoudar v. State of Karnataka (2024), emphasizing that appellate interference is only warranted if the lower court's view is "well-nigh impossible" or perverse.

Source reference: p. 11-12
04

Reasoning

The Court found that the prosecution's case lacked credible evidence. First, the complainant (father) and the brother of the deceased were not examined as the father had expired and the brother did not depose.

Source reference: p. 8

The remaining family witnesses (maternal uncles, P.W. 2 and P.W. 3) failed to provide material facts supporting the allegations of cruelty.

Source reference: p. 8

Notably, P.W. 2 could not even identify the husband (Accused No. 2) in court.

Source reference: p. 9

Medical evidence and initial police reports (Accidental Death Entry No. 91/1990) suggested the incident was treated as an accident initially, with the FIR being delayed until 30.12.1990.

Source reference: p. 9

Crucially, independent witness testimony (P.W. 1) established that the accused brothers lived separately, falsifying the allegation that Accused No. 1 (the remaining respondent) participated in day-to-day harassment.

Source reference: p. 9

The Court noted that since the husband's appeal abated, there was no independent evidence to sustain a conviction against the relative (Accused No. 1).

Source reference: p. 10
05

Holding

The Court held that the prosecution miserably failed to prove the charges beyond a reasonable doubt.

It affirmed that the Trial Court's view was a reasonable and possible conclusion based on the evidence.

Source reference: p. 13

The High Court dismissed the appeal and confirmed the judgment and order of acquittal dated 08.04.2009.

Source reference: p. 14
Gujarat High Court

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STATE OF GUJARATvsNANJI HAMRIBHAI

Gujarat High Court · June 24, 2026

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