Gujarat High Court
Ramilaben Jagdischandra Patel vs State Of Gujarat on 11 August, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1766 of 2005
FOR APPROVAL AND SIGNATURE :
HONOURABLE MS. JUSTICE GITA GOPI Sd/-
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Approved for Reporting Yes No
✔
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RAMILABEN JAGDISCHANDRA PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAD BUCH with MR SAGAR J SHAH(9447) for the Appellant(s) No. 1
MR ROHANKUMAR RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 11/08/2025
ORAL JUDGMENT
1. The trial, as Sessions Case No.59 of 2004 was against six of the accused. By the judgment dated 02.08.2005 passed the learned Additional Sessions Judge, Court No.7, Ahmedabad convicted accused No.3-Ramilaben Jagdischandra Patel for the offences punishable under Sections 498A of the Indian Penal Code (IPC), for a period of one year and a fine of Rs.5,000/- and in Page 1 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined default of payment of fine to undergo further imprisonment of six months. The accused was given the benefit of set-off.
2. The appellant accused-Ramilaben Jagdischandra Patel is the sister-in-law (jethani) of deceased-Shilpa. Aggrieved and dissatisfied with the judgment of trial Court Judge, has filed the present Appeal.
3. The trial which was conducted against six of the accused was under Sections 498A, 306 read with Section 114 of the Indian Penal Code (IPC). All the appellants, except the present appellant were given the benefit of doubt and were acquitted. The present appellant was acquitted from the charge under Section 306 read with Section 114 of the IPC.
4. Heard learned advocate Mr. Nirad Buch appearing with learned advocate Mr. Sagar J. Shah appearing for the appellant. Learned advocate Mr. Nirad Buch relying upon the chronology of the events submitted that the Page 2 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined conviction of the present appellant is merely on the assumption, while no allegation against her has been proved during the trial. It is submitted that the very evidence which was against the co-accused was found to be doubtful and unreliable and the co-accused were acquitted and on those evidence, conviction has been made. While only on assumption against the present appellant as the elder daughter-in-law as that the sister-in-law remains at home and could have asked the deceased to do household work, and on assumption drawn that appellant was even asking for the salary amount had convicted apellant. It is also submitted that such allegations are to be proved by explicit and cogent evidence, mere assumption cannot take place of proof. It is also submitted that if the present appellant had been taking away the money of the deceased, then certainly deceased would have made such a complaint to her own husband or her parents and at the relevant time, would have put her foot down to resist the same. However, nothing is Page 3 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined coming on record, rather the evidence shows that she was working at Sterling Hospital and was appointed as a permanent nurse on 29.01.2002, the marriage between the deceased and the accused No.1 was performed on 01.08.1997. From 07.09.1997 to 06.09.2000, she was staying in a hostel at the V.S. Hospital for her nursing course. Thus, during this period, she had no scope to stay with the family members in a joint family.
5. Learned advocate Mr. Nirad Buch further stated that from the time between 2001 to 2002, she was a trainee and the accident took place on 07.02.2003, where initially an Accident Death Case No.5 of 2003 was registered and the investigation was conducted under Section 174 of the Code of Criminal Procedure, 1973 (hereinafter referred in to short as 'Cr.PC'), which was registered by ASI-Dhanjibhai of Meghaninagar Police Station. It is further submitted that the important witness in the matter is ASI-Dhanjibhai who could Page 4 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined have thrown light on the initial statement of the family members of the deceased, but he has not been examined.
6. It is further submitted that PW8-Bhikendrasinh Pratapsinh Chauhan, the Police Sub-Inspector of Jhalod Police Station had carried out the preliminary investigation dated 09.02.2003 and his deposition would clarify that the statements of Kailashben Rameshbhai Parshottambhai, Rameshbhai Parshottambhai and Krishnaben Kantilal were recorded, and all the statements on 08.02.2003 do not reflect the commission of such alleged offences. Further, no statement was recorded at Sterling Hospital, and the statement on 08.02.2003 of the brother of the deceased, who is the complainant in the present matter was also recorded, and in that statement, the brother has stated of no harassment to his sister-Shilpa from her in-laws and during the four years of marriage, she had never complained against Page 5 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined her in-laws. The statement of PW6-father of the deceased-Tribhovanbhai Becharbhai was recorded on 07.02.2003, and the father also had stated of no harassment to his daughter from the in-laws. The father has stated that the incident had taken place, as the deceased had fallen down, and he has very categorically put his statement that after marriage, the in-laws behaved well with his daughter and the daughter had never made a complaint to him.
7. There is a delay of 3 days in filing complaint which in this case, learned advocate Mr. Nirad Buch submitted that, it becomes fatal, as the allegations are of poisoning and dowry demand. The delay of three days would be sufficient to infer that a false case has been forged against the accused, so were made to compulsorily face the trial. It is submitted that the allegations are vague in nature and in a general form. The typed copy of the complaint on 10.02.2003 would itself suggest that it is a legally advice complaint, and Page 6 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined the fact of the matter which has come on record, would bring forth the reliability of the statement recorded by the police after the accidental case report, where the mother in her deposition has stated that they did not want to file a complaint, but it was filed after a quarrel which occurred on the third day. It is further submitted that it is strange to note that the daughter had come for a community marriage on 06.02.2003 and that there is a statement of demand of Rs.1,00,000/- and there are allegations that the daughter was carrying Rs.25,000/-, but it was not proved of any such demand made by any of the in- laws, and the money given to the daughter herself was never received by any member of the in-laws. If at all the money would have been given, then that might have been disclosed during investigation which could have been recovered, while there was no necessity for the daughter even to ask for the amount of Rs.1,00,000/- as she was herself an earning member. Page 7 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025
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8. Learned advocate Mr. Nirad Buch submitted that the allegations against the present appellant of forcing taking salary from the deceased are not proved. The bank account statement could have been produced to show the withdrawal of money from her salary account which could have given some corroboration to the allegations. It is submitted that the learned trial Court Judge has erred in not considering that evidence, and has only on the general allegations that the sister-in- law was continuously harassing her without any specific details of harassment convicted the appellant, which learned advocate Mr. Nirad Buch stated is erroneous and bad in law.
9. To substantiate his submissions, learned advocate Mr. Nirad Buch for the appellant has relied on the following decisions of this Court :-
(a) Indrasingh M. Raol v. State of Gujarat reported in 1999 LawSuit (Guj) 346;Page 8 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025
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(b)Shardaben, Daughter of Ishwarlal Bhogilal v. State of Gujarat reported in 2025 AIJEL_HC 251077;
(c) Patel Rameshbhai Prabhudas v. State of Gujarat reported in 2025 JX (Guj) 968 and;
(d)The decision dated 21.10.2022 of the High Court of Judicature at Bombay Bench at Aurangabad in Criminal Application No.40 of 2021 (Sarang Diwakar Amle and Others v. State of Maharashtra and Another).
10. Countering the above arguments, learned Additional Public Prosecutor Mr. Rohankumar Raval took the Court to the charges which has been framed and submitted that the death was by consuming of poison or by forcible consumption of poison. It is further stated that under Section 306 of the IPC, all the accused have received benefit of doubt. However, the evidence has come on record of constant harassment by the sister-in-law. It is further submitted that the brother-Bharatbhai Tribhovandas Patel has filed a Page 9 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined complaint at Exhibit 35 on 10.02.2003 where he has referred to the fact that the marriage span was of four years and the deceased was staying in a joint family alongwith all the parents-in-law as well as the elder brother-in-law and sister-in-law. The deceased was serving as a nurse in Sterling Hospital and she had completed a nursing course at V.S. Hospital. As per the community customs, gifts and dowry had been given.
11. Learned Additional Public Prosecutor Mr. Ronakkumar Raval has submitted that from the very beginning, the daughter was suffering mental and physical harassment because of the dowry demand, and as she was working, her salary was extorted, she used to often complain against all the family members. When the daughter had gone to the parental house on 06.02.2003 for attending the community marriage, at that time, she had informed her parents that her parents-in-law are interested in purchasing a house Page 10 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined and had asked her to demand Rs.1,00,000/-. Since the parents-in-law could not make arrangements of Rs.1,00,000/-, they had given Rs.25,000/- and the daughter had gone on 07.02.2003 with the money. On that day at about 8.30-9.00 p.m., they received a call from the father-in-law about the daughter-Shilpa being serious and when they visited the Civil Hospital, they found her dead in the ward.
12. Learned APP Mr. Ronakumar Raval submitted that the delay in filing the First Information Report (FIR) should not be considered as grave since in such a family matter, the parents would certainly be in shock and the delay thus, has to be considered in that aspect. Learned APP has also referred to the evidence of all the witnesses, i.e. the brother, mother and father of the deceased to bring to the notice of this Court, the evidence recorded against the present appellant. Learned APP has further submitted that the appellant as a sister-in-law was continuously harassing the Page 11 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined deceased for domestic work and she used to take away the salary of the deceased which itself is proven fact on record and therefore, submitted that the Appeal should be dismissed and the conviction be upheld.
13. Having heard the respective submissions canvassed and on perusing the records of the case, it transpires that learned trial Court Judge while acquitting all the other co-accused, had convicted the elder sister-in- law-appellant with the following observations :-
"Whereas, as discussed hereinabove the only person against whom there is a consistent story that has come right from the complaint as well as in the deposition of all the three witnesses is the cruelty perpetrated by the sister-in-law who would be most of the time at home and who would be also competing with the lady who was working outside and therefore, against her there is a consistent story of cruelty by taunting and demand of the work and of her salary. As regards, the demand of money from the parents, although that is not directly attributed to her demand, but can be attributed to her as an inevitable step on account of her cruelty as that has led her to demand the said amount from the parents so as to have a separate house from that of her sister-in-law and therefore, it is not only the evidence of cruelty once or twice but continuous for the entire period she lived at her in-law and that would hold her guilty u/s.498-A of I.P.C. and therefore, she should be held guilty for the said offence whereas, the rest of them are needed to be given the benefit of doubt.Page 12 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025
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14. The learned trial Court Judge has found a consistent story against the appellant, observing that from the very beginning, supported by the deposition of the three witnesses, the cruelty was perpetrated by the sister-in-law who would be most of the time at home and would be competing with a lady who was working outside and therefore, found the case of cruelty of continuous demand of work and salary.
15. The learned Judge in the judgment itself has noted that the amount of withdrawal has not been brought on record, while the allegations against the present appellant is of demand of salary. Admittedly, the deceased was appointed as a permanent nurse at Sterling Hospital and the date of her appointment as a permanent nurse was 29.08.2002, the salary amount would be deposited in her salary account. The fact which was required to be proved is that the money was being withdrawn by the deceased herself to give to the present appellant on her demand. The specific Page 13 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined allegation of demanding the salary amount was required to be proved by evidence. The available evidence which could have been procured easily by the prosecution / investigating officer from the bank would be salary statement of the Sterling Hospital. The fact that has also come on record is that from 07.09.1997 to 06.09.2000, the deceased was undergoing a nursing course at V.S. Hospital. Mere allegations without any explicit evidence to prove the case of continuous harassment could not be said to be proved, unless such form of harassment would fall in the definition of cruelty as provided under Section 498A of the IPC.
16. The deposition which has been recorded of the brother of the deceased-PW2-the complainant, has observed that the deceased whenever she used to come she would tell them that her salary was being taken away by her in-laws. This set of evidence has not been believed, against the other co-accused where the complainant has specifically stated that the salary was Page 14 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined being taken away by all the in-laws, and the husband of the deceased used to beat her. These allegations against the husband were also not believed by the trial Court, while the allegations qua the present appellant is that there was much harassment of the sister-in-law further clarifying that there was harassment of all of them. The brother has not clarified as to what type of harassment was perpetrated by the present appellant. Further, allegations is that though she was going for work, the deceased had to do more work at home. Such kind of allegations would not fall within the definition of cruelty as the deceased being a married woman, she was expected to do domestic work. She was a working woman and she had all the scope to live separately. The case of the brother is that she wanted to live separately and that has been observed by the learned trial Court Judge. It cannot be said that the deceased would not be so that the deceased had no other alternative but to commit suicide. The willful conduct of the matrimonial family members had to be Page 15 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined proved and should have been established with regard to the nature of harassment which had caused her to commit suicide or by proving the harassment to her that had forced her to succumb to the unlawful demand or the failure to meet such demand. Such story of demand of dowry has not believed by the learned trial Court Judge.
17. The case of poisoning has not been proven on record.
The FSL Report did not show any specific substance. The cause of death after pathological examination was due to sudden cardiac arrest. A perusal of the FSL Report shows that there was no presence of any chemical / poisonous substance in the liquid. The sample did not find the presence of sodium chloride. The FSL Report further clarifies, in the conclusion that the evidence found no presence of any poisonous chemical and the death was attributed to 'cardiac arrest'.
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18. Before PW5-mother-Ishaben, the daughter has stated that she was facing much harassment from the sister- in-law and that after her duty, appellant would not allow her to sleep and that the sister-in-law would take away her salary. This fact, as observed hereinabove, has not been proved by the salary statement, nor by the statement by concerned persons at work place before whom the deceased might have raised a grievance or any friend with whom she had shared the pain.
19. The mother of the deceased further clarifies that they had sent their daughter to her matrimonial home only after she had started her job at the V.S. Hospital. The mother also did not enquire from her daughter as to who had demanded the amount of Rs.1,00,000/-. The contradiction that has been brought on record is by way of evidence of PW9- Dilipsinh Pratapsinh Chavda who had made an enquiry with regard to the Accidental Death Case No.5 of 2003 recorded on Page 17 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined 09.02.2003 and the complaint, i.e. C.R. No.29 of 2003 dated 10.02.2003. The investigating officer in his cross examination, which has been brought on record, stated that the mother of the deceased had not stated in her statement that the sister-in-law would not allow her to sleep after her night duties. It is not stated in the statement that the sister-in-law would take away her salary from her. From the cross examination of the Investigating Officer, it transpires that the bank statement of ICICI Bank of the deceased-Shilpa, has not been made part of the charge-sheet. The withdrawal of the money from the ICICI Bank through an ATM Card has been noted in the cross examination of the Investigating Officer however the statement of employees of Sterling Hospital were not supporting the prosecution case and therefore, had right not been made a part of the charge-sheet.
20. The observations against the present appellant in the impugned judgment as sister-in-law has not been Page 18 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined made on the basis of appreciation of evidence. The learned trial Court Judge has erred by not entering into detailed appreciation of evidence prior to making a conclusion against the appellant. The case against the appellant was required to be assessed independently. The statement of all the witnesses before PW8- Bhikendrasinh Pratapsinh Chauhan who had done the investigation of the accidental death report shows that no allegations was made against any of the accused. The delay of three days in filing complaint though may not be considered as serious as the members of family may be in shock due to death of daughter. Still the complaint lacks truth and the cause of death was obvious of cardiac arrest. The family members then were required to be made a statement before the police immediately, where they had an opportunity to give their statement in connection with the Accidental Death Report. As noticed nothing was against any of the accused.
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21. The observations of the learned trial Court Judge for convicting the present appellant does not get proven by the evidence of any of the witnesses. Nothing could be shown of any cruelty by the appellant (sister-in-law) of her taking away the salary of the deceased. The appellant may be asking the deceased to do the household work, but that itself cannot be considered as any kind of cruelty as that would be expected from all the daughters-in-law to do the domestic chores. The prosecution has failed to prove any willful conduct from the side of the present appellant to be considered as an act to drive the women to commit suicide or to cause grievous injury, mental or physical. It is not every word or act hurting the deceased would fall within the definition of 'cruelty' or the parameters fixed under Section 498A of IPC. As observed hereinabove, the grudge or discord would be for domestic work and such quarrels are common in domestic life. Unless and until, there is some cruel intention on part of the accused, it could not be considered as cruelty as Page 20 of 22 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:42:40 IST 2025 NEUTRAL CITATION R/CR.A/1766/2005 JUDGMENT DATED: 11/08/2025 undefined defined under Section 498A of the IPC. The demand for money as dowry has not been proved; the demand of salary by the appellant has not been proved. The police has very specifically stated that the mother has not given any such statement earlier, thus it was for the first time stated by the mother in the Court. All the witnesses have given two contradictory statements one during the inquiry under the accidental death report and statement in connection to the present FIR. The allegations of cruelty must be of grave nature and should be proved beyond reasonable doubt.
22. In view of the observations made hereinabove and appreciation of evidence, this Court is of the view that the learned trial Court Judge has erred in convicting the appellant. No evidence has been proved against the appellant to bring her case within Section 498A of IPC.
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23. Hence, the present Appeal is allowed. The judgment of conviction and sentence dated 02.08.2005 passed by the learned Additional Sessions Judge, Court No.7, Ahmedabad in Sessions Case No.59 of 2004 is set aside. The appellant is acquitted of all the charges levelled against her. Bail and bail bond stands discharged. The amount of fine paid, if any, be refunded to the appellant herein. Record and proceedings, be sent to the concerned trial Court forthwith.
Sd/-
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