Gujarat High Court
State Of Gujarat vs Ravibhai Balvantbhai Dantani on 2 August, 2025
NEUTRAL CITATION
R/CR.A/528/2012 ORDER DATED: 02/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 528 of 2012
======================================
STATE OF GUJARAT
Versus
RAVIBHAI BALVANTBHAI DANTANI & ORS.
======================================
Appearance:
MR HARDIK S. SONI, APP for the Appellant(s) No. 1
MR J G PANCHAL(2672) for the Opponent(s)/Respondent(s) No. 1,2
MR MIHIR H PATHAK(5261) for the Opponent(s)/Respondent(s) No. 3
RULE SERVED for the Opponent(s)/Respondent(s) No. 2,3
======================================
CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 02/08/2025
ORAL ORDER
1. This appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") is filed by the State of Gujarat challenging the judgment and order of acquittal dated 31.12.2011 passed by the learned Sessions Judge (Chief Court), Gandhinagar in Sessions Case No. 60 of 2011, whereby the learned trial Judge acquitted the respondent - accused of the charges for the offences punishable under Sections 294(A), 306, 498A, 502 and 114 of the Indian Penal Code (hereinafter referred to as "IPC").
2. The brief facts leading to the prosecution case are Page 1 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025 NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined that: -
2.1 An offence was registered against the respondents before Chandkheda Police station vide C.R. No. I - 106 of 2010 for the alleged offences under Sections 498A, 306, 294(a), 506(2) and 114 of the "IPC".
2.2 It is case of the prosecution that, accused Nos. 1 and 2 are staying adjoining the house of accused No. 3 -
husband of the deceased - Sushilaben. Accused No. 3 - husband of the deceased - Sushilaben was gazing towards the accused No. 2 - Mayaben and due to this reason, accused No.1 Ravibhai gave filthy abuses to accused No.3 - Natwarbhai and his wife - Sushilaben (deceased) and also administered threat to cause death. It is the case of the prosecution that, on 25.05.2010 in the morning hours, deceased had prepared tea and offered the same to husband - Natwarbhai and while offering tea, she asked him that, "why he is looking towards Mayaben", on account of which quarrel occurred. The same quarrel occurred prior to one month also, and therefore, in continuation of the quarrels, the feelings of deceased - Sushilaben got hurt and she committed suicide by pouring kerosene on her body and setting herself on fire. Thus, it is Page 2 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025 NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined alleged that all the accused persons with the help of each other, caused physical and mental torture to the deceased - Sushilaben as well as administered threats and thereby, committed the offence under Sections 498A, 306, 294(a), 506(2) and 114 of the "IPC".
2.3 Resultantly, a complaint was lodged before the Chandkheda Police station for alleged offence under Sections 498A, 306, 294(a), 506(2) and 114 of the "IPC" and pursuant to which, investigation machinery was put into motion. 2.4 Necessary investigation was carried out and statements of other witnesses were recorded. During the course of investigation, the respondents were arrested. Ultimately, the charge-sheet came to be filed before the learned Magistrate, Gandhinagar and since the case was exclusively triable by the Court of Sessions, it was committed to the Court of Sessions at Gandhinagar, where the case was registered as Sessions Case No. 60 of 2011 and trial was initiated against the respondents.
2.5 To prove the case against the accused - respondents, the prosecution examined in all 8 witnesses and produced and proved 10 documentary evidence. Page 3 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025
NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined 2.6 At the conclusion of trial, after recording statement of accused under Section 313 of "the Code" and after hearing the arguments on behalf of the prosecution and the defence, the learned Sessions Judge acquitted the respondents of all the charges leveled against them by passing the impugned judgment and order.
2.7 Being aggrieved by and dissatisfied with the aforesaid judgment and order of acquittal passed by the learned Sessions Judge, the State as appellant has preferred this appeal.
3. Heard learned APP Mr. Hardik S. Soni for the appellant - State, Mr. J.G. Panchal, learned advocate for the respondent Nos. 1 & 2 and Mr. Mihir H. Pathak, learned advocate for the respondent No. 3.
4. Learned APP Mr. Hardik S. Soni for the State submitted that upon committal of the case to the Sessions Court, Gandhinagar, the learned Sessions Judge framed charges vide Exhibit-5 against the respondents - accused for the aforesaid offences. The respondents - accused pleaded not guilty and were tried.
Page 4 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025
NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined 4.1 The details of the evidence placed by prosecution are reproduced in a tabular form as under:-
Oral Evidence Pw. EXH. Nature of Remarks / Name of Witness No. No. Witness Pg. No. Jagdishbhai Ishwarbhai Hostile / 83- 1 11 Panch Patel 86 Hostile / 89- 2 14 Anupasinh Hiralal Verma Panch 92 Ushaben Natwarbhai Deceased Support / 93-
3 15
Prajapati daughter-1 98
Anita Ben Natwarbhai Deceased Support / 99-
4 16
Prajapati daughter-2 102
Prahladbhai Kemabhai Executive Support / 105-
5 17
Parmar Magistrate 120
Anupkumar Ramgopal Doctor Support / 131-
6 20
Bansal compounder 140
Deceased Hostile / 159-
7 24 Mukesh bhai Patel
sister 164
Support / 165-
8 25 Yasodhaben Narsinhbhai PSI
174
Documentary Evidence
Sr. EXH.
Name of Evidence Pg. No.
No. No.
1 26 Telephone Wardhi 175-176
2 27 Complaint 177-180
3 19 Dying Declaration 125-130
4 28 Panchnamu of the offences place 181-188
5 23 Inquest Panchnamu 153-158
6 29 Dhead Certificate 189-192
7 21 P.M. Report 141-148
8 30 Muddamal Rawangi Note 193-198
9 31 FSL Report 199-200
10 32 FSL'S Pruthkaran Report 201-206
Page 5 of 16
Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025
NEUTRAL CITATION
R/CR.A/528/2012 ORDER DATED: 02/08/2025
undefined
4.2 Learned APP submitted that; thus, the prosecution
has examined the complainant, witnesses, medical officer and police witness, which according to the prosecution, is enough for bringing home the charge in support of their case.
4.3 The prosecution in the trial has relied on documentary evidence in support of the oral evidences led before the trial Court, which proves the involvement of the accused. At the end of the evidence, necessary pursis was presented before the trial Court declaring closure of evidence.
The trial Court has thereafter proceeded to record the further statement of the accused under Section 313 of "the Code". With such evidence being noticed, the trial Court after evaluating the same arrived at a conclusion that prosecution has failed to prove the charge against the respondents - accused and has thereby, recorded acquittal. 4.4 Learned APP submitted that the learned trial Court has considered acquitting the accused on the reasoning that version of complainant, husband and wife (deceased) were having major contradictions, their behavior as per the versions given before the investigating agency and the Court are unnatural. The investigating agency has not properly Page 6 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025 NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined investigated the brother of deceased i.e. Mukeshbhai Badarbhai Patel and also the dying declarations were taken at the hospital.
4.5 The learned trial Court has observed that there are no direct or indirect evidence, which may be helpful to prove beyond reasonable doubt that the accused have committed the offence in question. However, learned APP submitted that the evidence in the form of dying declaration dated 25.05.2010 was not appropriately considered by the learned trial Judge. When the dying declaration was given, the deceased was conscious and she had given a reference of the threat given by accused Nos. 1 and 2. Moreover, the mental torture given by husband - accused No. 3 is also stated in the dying declaration. The dying declaration, if read with the FIR, which was lodged on the very day in the hospital, refers to the same allegation, which states that she was mentally tortured on account of complaint/threat by respondent Nos. 1 and 2 and ignorance pleaded by respondent No. 3 over such threat, which has resulted into action of committal of suicide. 4.6 Moreover, the examination of PW-3 - Ushaben Natwarbhai Prajapati (Daughter of the deceased) and PW-4 - Page 7 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025
NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined Anitaben Natwarbhai Prajapati (Daughter of the deceased) was not appropriately considered by the trial Court. If all these evidences are collectively examined and read, the prosecution has established that the incident of committal of suicide has occasioned on account of threat given by accused - respondent Nos. 1 and 2 and the mental torture given by respondent No. 3 - husband.
4.7 Learned APP submitted that, at this stage, it would be apposite to refer to a decision of the Honourable Supreme Court in the case of Kumar @ Shiva Kumar v. State of Karnataka reported in 2024 (0) AIJEL-SC 73335, wherein consideration of Section 306 "IPC" has been read with Section 107 of "IPC" has been considered 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.
31.1. Thus, as per Section 306 of IPC, if any person commits suicide, then 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.Page 8 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025
NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined
32. The crucial word in Section 306 of IPC is 'abets'. 'Abetment' is defined in Section 107 of IPC. Section 107 of IPC reads thus:
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.
Explanation 1.- A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Explanation 2.- Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
32.1. From a reading of Section 107 IPC what is deducible is that a person would be abetting the doing Page 9 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025 NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined of a thing if he instigates any person to do that thing or if he encourages with one or more person or persons in any conspiracy for doing that thing or if he intentionally aids by any act or illegal omission doing of that thing. Explanation 1 clarifies that even if a person by way of wilful misrepresentation or concealment of a material fact which he is otherwise bound to disclose voluntarily causes or procures or attempts to cause or procure a thing to be done, is said to instigate the doing of that thing. Similarly, it is clarified by way of Explanation-2 that whoever does anything in order to facilitate the commission of an act, either prior to or at the time of commission of the act, is said to aid the doing of that act."
Further, in the very same decision, the Honourable Supreme Court has held as under:-
"47. Human mind is an enigma. It is well neigh impossible to unravel the mystery of the human mind. There can be myriad reasons for a man or a woman to commit or attempt to commit suicide: it may be a case of failure to achieve academic excellence, oppressive environment in college or hostel, particularly for students belonging to the marginalized sections, joblessness, financial difficulties, disappointment in love or marriage, acute or chronic ailments, depression, so on and so forth. Therefore, it may not always be the Page 10 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025 NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined case that someone has to abet commission of suicide. Circumstances surrounding the deceased in which he finds himself are relevant.
48. Coming to the facts of the present case, we do not find any evidence on the basis of which we can hold the appellant guilty of abetting the suicide of the deceased. While the death of a young woman is certainly very tragic, it cannot be said with any degree of certainty that suicide has been proved; the other essential ingredient constituting the offence under Section 306, viz, abetment cannot also be said to have been proved."
Therefore, the judgment and order of acquittal recorded by the learned trial Judge needs reconsideration.
5. On the other hand, learned advocate Mr. J.G. Panchal for the respondent Nos. 1 & 2 and Mr. Mihir H. Pathak for the respondent No. 3 supported the judgment and order of acquittal with the submission that all the evidence recorded has been correctly appreciated.
5.1 The examination of PW-3 and PW-4 and examination of PW-5 - Executive Magistrate at Exhibit-17 (Page
105) is appropriately appreciated by the trial Court. More so, in the dying declaration as well as in the FIR filed, there is no direct allegation of involvement of accused Nos. 1 and 2. Page 11 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025
NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined 5.2 Moreover, in relation to accused No. 3 also, there is nothing in close proximity, which has resulted into incident of committal of suicide. No harassment from accused No. 3 - husband has been pointed out even in the dying declaration, at Exhibit-19 or the FIR at Exhibit-27. Therefore, since the learned trial Court has appreciated the correct facts and evidence on record, it does not require any interference by this Court.
6. This Court has minutely perused the oral as well as documentary evidence on record and has gone through the impugned judgment and order passed by the learned Sessions Judge (Chief Court), Gandhinagar, as well as the paper-book and evidence produced by the prosecution in its entirety and also considered the submissions made by learned APP for the appellant - State and learned advocates for the respondents. 6.1 Upon perusal of the evidence on record, it is noticed that, in the dying declaration, the deceased has alleged that the incident had occurred one month prior, the allegation against accused Nos. 1 and 2 was that they were verbally abusing and extending criminal threats of death to the complainant and her family, creating an atmosphere of intimidation and fear. However, no such recent incident in the Page 12 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025 NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined close proximity in time occurred on the date of incident has been recorded. Moreover, the version referred to in the dying declaration (At Exhibit-19) and the examination of Executive Magistrate (At Exhibit-17) is identical. Further, the consciousness of the deceased at the time of dying declaration as also at the time of lodging of the FIR cannot be disputed as considered by the learned trial Judge. Even the Doctor has confirmed that when the dying declaration was taken, the complainant - deceased was conscious. This fact is being once again supported by the certificate of the Doctor, nothing contrary is coming out from the cross-examination of PW-5 - Executive Magistrate - Prahladbhai Kemabhai Parmar, who is an independent Government witness.
6.2 Moreover, from the examination of PW-3 - Ushaben Natwarbhai Prajapati (Daughter of the deceased), nothing contrary came out and she has stated that prior to one month, the quarrel occasioned with accused Nos. 1 and 2. No recent incident has been recorded, as coming out from the examination of PW-3. However, no allegation is made against her father, i.e. accused No. 3 - husband of the deceased, except some relationship with accused No. 2 - Mayaben. Page 13 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025
NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined 6.3 Further, from the examination of PW-4 - Anitaben Natwarbhai Prajapati (another Daughter of the deceased), it is noticed that she also confirmed some quarrel with accused Nos. 1 and 2 took place prior to one month of the incident. However, no allegation is made against her father, i.e. accused No. 3 - husband of the deceased, except some relationship with accused No. 2 - Mayaben.
Thus, there is nothing contrary came out from the cross-examination of PW-3 and PW-4.
6.4 Therefore, in the opinion of this Court, the allegations against accused Nos. 1 to 3 overall are of abuse and extending criminal threats of death to the complainant and her family by creating an atmosphere of intimidation and fear. Therefore, despite such provocation, no remedial action was taken by the accused persons. On the day of occurrence, being mentally distressed and emotionally aggrieved by the continued mental cruelty, emotional neglect, and suspected adulterous conduct of her husband, the complainant, in a fit of rage and despair, poured kerosene upon herself from a container kept in the kitchen and attempted self-immolation by igniting a matchstick. In the opinion of this Court, this finding Page 14 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025 NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined having been recorded by the trial Court based on appreciation of evidence and there is nothing contrary to disbelieve the same.
6.5 Moreover, as recorded by the trial Court, immediate intervention by the family members and neighbours possibly prevented further grievous injury, which cannot be ignored. The complainant attributes her deteriorated mental condition and suicidal attempt to persistent domestic cruelty and abetment by her husband, coupled with the unlawful influence and provocation by Mayaben and her husband - Ravibhai could not be proved by the prosecution.
6.6 Therefore, in the facts of present case, as can be seen, the prosecution failed in establishing its case in relation to the charges leveled against accused Nos. 1 to 3. The charge leveled against accused Nos. 1 to 3 are failed to be proved on basis of the deposition of prosecution witnesses, more particularly PW-3 Exhibit-15 (Page 93), PW-4 Exhibit-16 (Page
99) and independent witness PW-5, Exhibit-17 (Page 105). 6.7 The decision of the Honourable Supreme Court relied on by the learned APP in the case of Kumar @ Shiva Kumar (Supra) in support of his submission is of no help to Page 15 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025 NEUTRAL CITATION R/CR.A/528/2012 ORDER DATED: 02/08/2025 undefined the appellant - State as; if the facts and the evidence of this case are compared then this is not a case where any evidence is found on the basis of which the respondents - accused can be held guilty of abetting the suicide of the deceased, more particularly when no evidence is found that accused have instigated the deceased resulting into committal of suicide.
7. Therefore, on overall analysis of the aforesaid evidence on record, the learned trial Judge has rightly recorded the finding of acquittal in favor of the respondents - accused in his well-reasoned judgment and order, and thereby, rightly acquitted them, which calls for no interference by this Court.
8. This Court is, therefore, in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the Court and hence, finds no reason to interfere with the same.
9. In the result, the present appeal is hereby dismissed. Record and Proceedings be sent back to the trial Court forthwith.
(MAUNA M. BHATT, J.) Raj Page 16 of 16 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:43:51 IST 2025