Gujarat High Court
State Of Gujarat vs Jayantibhai Laxmanbhai Dabhi on 10 December, 2025
NEUTRAL CITATION
R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1157 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE SANJEEV J.THAKER
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
JAYANTIBHAI LAXMANBHAI DABHI & ANR.
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Appearance:
MS SHRUTI PATHAK, APP for the Appellant - State
MR AMIT N CHAUDHARY(5599) for the Respondents
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 10/12/2025
ORAL JUDGMENT
1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 29.05.2009 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, Fast Track Court No.2, Ahmedabad City in Sessions Case No.355 of 2006 for the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Code, the appellant - State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").
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2. The prosecution case as unfolded during the trial before the lower Court is that, after the marriage span of two years, it is alleged that mother-in-law of the deceased - accused No.2 started mental and physical torture to the deceased regarding house-hold chores and also in her (decease's) illness; and that she used to insult the deceased in public and accused No.1 was protecting such steps for her mother; and that as and when the deceased used to visit the parental home, she complained about it and also told that she had no interest in life and wanted to end her life as she was fed up from all such harassment by the accused; and that there was a dispute regarding separation from the in- laws and the complainant persuaded the deceased and sent her to her matrimonial home; and that in the morning of the day of incident, the complainant received a call asking him to come at matrimonial home of the deceased - Jayaben immediately, therefore, when they reached there, they were informed that Jayaben committed suicide by hanging herself with the ceiling fan. Therefore, a complaint is lodged by the father of the deceased - the complainant - Devjibhai Balubhai Khandavi before the 'F' Division Police Station, Ahmedabad for the offences punishable under Sections 306, 498A and 114 of the Indian Penal Code.
3. After investigation, sufficient prima facie evidence Page 2 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined was found against the accused person/s and therefore charge- sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Sessions Case No.355 of 2006. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.
4. In order to bring home the charge, the prosecution has examined the witnesses and also produced various documentary evidence before the trial Court, which are described in the impugned judgment.
5. After hearing both the parties and after analysis of evidence adduced by the prosecution, the learned trial Judge acquitted the accused for the offences for which the charge was framed, by holding that the prosecution has failed to prove the case beyond reasonable doubt.
6. Learned APP for the appellant - State has pointed out the facts of the case and having taken this Court through both, oral and documentary evidence, recorded before the learned trial Court, would submit that the learned trial Court has failed to appreciate the evidence in true sense and Page 3 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined perspective; and that the trial Court has committed error in acquitting the accused. It is submitted that the learned trial Court ought not to have given much emphasis to the contradictions and/or omissions appearing in the evidence and ought to have given weightage to the dots that connect the accused with the offence in question. It is submitted that the learned trial Court has erroneously come to the conclusion that the prosecution has failed to prove its case. It is also submitted that the learned Judge ought to have seen that the evidence produced on record is reliable and believable and it was proved beyond reasonable doubt that the accused had committed an offence in question. It is, therefore, submitted that this Court may allow this appeal by appreciating the evidence led before the learned trial Court.
7. As against that, learned advocate for the respondent/s would support the impugned judgment passed by the learned trial Court and has submitted that the learned trial Court has not committed any error in acquitting the accused. The trial Court has taken possible view as the prosecution has failed to prove its case beyond reasonable doubt. Therefore, it is prayed to dismiss the present appeal by confirming the impugned judgment and order passed by the learned trial Court.
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8. In the aforesaid background, considering the oral as well as documentary evidence on record, independently and dispassionately and considering the impugned judgment and order of the trial Court, the following aspects weighed with the Court :
8.1 The P.W.1-Devjibhai Balubhai who has been examined vide Exhibit-10 who is the father of the deceased has only stated that there were matrimonial discord between the deceased and her husband and in-laws.
He has also stated that the husband had come to get the deceased from her paternal house. In his cross- examination he has also deposed that during the period of one and half years of the marriage of the deceased with the accused husband, the deceased and her husband and the in- laws used to regularly visit the parental house of the deceased and till the time the complaint was filed, the deceased was harassed only for the reason forcing them to stay separately from the in-laws.
In his deposition he has also admitted that he has not complained in his community nor has given any application at any police station and that during Diwali days, the husband of the deceased had come to drop her at her parental house and at the time when the daughter had come to the parental house, P.W.11 was not present and thereafter, Page 5 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined when he had asked the deceased as to why she had come over to the parental house, she had stated that as the in- laws had gone out of town, there were disputes in the house. 8.2 It has also come on record that after Diwali, the husband of the deceased had come to get the deceased from her parental house, and at that time, the husband was treated cordially and at that time, the deceased had stated that she will not go at the matrimonial house thereafter, after 15 days, the in-laws of the deceased had come to get her from her parental house and the deceased had gone with her in-laws.
8.3 If the complaint produced at Exhibit 11 is taken into consideration, the complaint is contrary to what has been stated in the deposition by P.W.11. In the complaint vide Exhibit-11, the complainant had only stated that the deceased was insulted at her matrimonial home. 8.4 Vide Exhibit 18, Laxmiben Devjibhai has been examined as P.W.4, there are lot of contradiction in her statement and the statement made by the father of the deceased. There are contradictions to the fact that who had called to inform about the incident of the deceased burning herself. In her deposition, the said witness states that the deceased had come to the parental house to take rest Page 6 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined because of her pregnancy. She has also admitted that the deceased was of a sensitive nature.
8.5 The father of the deceased, vide Exhibit 10, states that the in-laws had called and informed about the incident. The mother of the deceased Laxmiben who has been examined as P.W.4 vide Exhibit-18, states that the husband had called and informed about the incident. 8.6 Vide Exhibit 19, the prosecution has examined Jamnaben as P.W.5. The prosecution has examined the aunt of the deceased Dinaben as P.W.6, vide Exhibit 20, and in her cross-examination she has stated that during the two years of her marriage, the deceased used to come to the parental house in a happy state of affair and that the deceased had never informed her of any problems that she used to face at her matrimonial home.
Vide Exhibit 21, the prosecution has examined the P.S.I. as P.W.7, who had done the initial investigation, thereafter, the investigation was taken over by P.W.8 who has been examined vide Exhibit-22 and the A.C.P., who has been examined by the prosecution as P.W.9, vide Exhibit 24. There are lot of contradictions in the deposition of Laxmiben and the Police statement given by Laxmiben wherein, Laxmiben had not deposed that the deceased was also Page 7 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined harassed by her brother-in-law.
The prosecution has failed to prove as to what kind of harassment was done by the accused on the deceased that the deceased had no other option but to commit suicide. There are also contradiction in the Police statement and the oral deposition of the prosecution witness with respect to the fact that the disputes were because the brother-in-law wanted to buy a new house.
From the evidence of the prosecution it has also come on record that the deceased was of a sensitive nature and the prosecution has failed to prove that the accused had harassed the deceased to an extent that she did not have any alternative but to commit suicide.
There are contradiction in the deposition of Laxmiben who had been examined vide Exhibit 18, Jamnaben who has been examined vide Exhibit 19 and Dinaben who has been examined vide Exhibit 20. In the deposition it has been stated that the harassment was from the last six months but what kind of harassment was there and who had harassed the accused has not been proved by the prosecution. 8.7 If the evidence of the aunt of the deceased - Dinaben Vaghela, who has been examined vide Exhibit 20, is taken into consideration, she has stated that the husband of the deceased had gone to his in-laws' house to get the Page 8 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined deceased to his home i.e. the matrimonial home and as the parents of the deceased were not present, she - deceased did not come with the husband to a matrimonial home; and that if the evidence of the complainant - Devjibhai, who has been examined vide Exhibit 10 and the mother of the deceased - Laxmiben, who has been examined vide Exhibit 18 and the sister of the complainant - Jamnaben, who has been examined vide Exhibit 19, are taken into consideration, in their deposition it has been stated that the deceased did not come with the accused - husband as the in-laws were not present in the house.
8.8 The trial Court has rightly held that there was no positive evidence on record to prove that the accused by way of the conduct or spoken words, overtly or covertly, actually aided and abetted or instigated the deceased in such a manner that it leaves no other option for the deceased but to commit suicide.
9.1 In the case of Mahendra K.C. v. State of Karnataka and another, [(2022) 2 SCC 129], it has been held by the Hon'ble Supreme Court that the essence of abetment lies in instigating a person to do a thing or the intentional doing of that thing by an act or illegal omission. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it Page 9 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.
9.2 In the case of Mahendra Awase v. State of Madhya Pradesh, 2025 (1) Crimes 347 (SC), the observations are made with regard to abetment of suicide. It has been held that in order to bring a case within purview of Section 306 IPC, there must be a case of suicide and in commission of said offence, person who is said to have abetted commission of suicide must have played active role by act of instigation or by doing certain act to facilitate commission of suicide. It has been further observed that the act of abetment by person charged with said offence must be proved and established by prosecution before he could be convicted under Section 306 IPC. It is further observed that to satisfy requirement of instigation, accused by his act or omission or by a continued course of conduct should have created such circumstances that deceased was left with no other option, except to commit suicide.
9.3 In the case of Amalendu Pal alias Jhantu versus Page 10 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined State of West Bengal, (2010) 1 SCC 707, it has been held that in a case of alleged abetment of suicide, there must be proof of direct or indirect act(s) of incitement to the commission of suicide. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the deceased to commit suicide, conviction in terms of Section 306 IPC would not be sustainable. 9.4 In the case of Rajesh v. State of Haryana, (2020) 15 SCC 359, after considering the provisions of Sections 306 and 107 of IPC, the Court held that conviction under Section 306 IPC is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide. 9.5 In the case of Amudha v. State, 2024 INSC 244, it was held that there has to be an act of incitement on the part of the accused proximate to the date on which the deceased committed suicide. The act attributed should not only be proximate to the time of suicide but should also be of such a nature that the deceased was left with no alternative but to take the drastic step of committing suicide.
10. Further, learned APP is not in a position to show Page 11 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined any evidence to take a contrary view in the matter or that the approach of the Court below is vitiated by some manifest illegality or that the decision is perverse or that the Court below has ignored the material evidence on record. In above view of the matter, this Court is of the considered opinion that the Court below was completely justified in passing impugned judgment and order.
11. Considering the impugned judgment, the trial Court has recorded that there was no direct evidence connecting the accused with the incident and there are contradictions in the depositions of the prosecution witnesses. In absence of the direct evidence, it cannot be proved that the accused are involved in the offence. Further, the motive of the accused behind the incident is not established. The trial Court has rightly considered all the evidence on record and passed the impugned judgment. The trial Court has rightly evaluated the facts and the evidence on record.
12. It is also a settled legal position that in acquittal appeal, the appellate court is not required to re-write the judgment or to give fresh reasoning, when the reasons assigned by the Court below are found to be just and proper. Such principle is down by the Apex Court in the case of State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC Page 12 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined 1417 wherein it is held as under:
"... This court has observed in Girija
Nandini Devi V. Bigendra Nandini
Chaudhary (1967)1 SCR 93: (AIR 1967 SC
1124) that it is not the duty of the
appellate court when it agrees with the view of the trial court on the evidence to repeat the narration of the evidence or to reiterate the reasons given by the trial court expression of general agreement with the reasons given by the Court the decision of which is under appeal, will ordinarily suffice."
13. Thus, in case the appellate court agrees with the reasons and the opinion given by the lower court, then the discussion of evidence at length is not necessary.
14. In the case of Ram Kumar v. State of Haryana, reported in AIR 1995 SC 280, Supreme Court has held as under:
"The powers of the High Court in an appeal from order of acquittal to reassess the evidence and reach its own conclusions Page 13 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined under Sections 378 and 379, Cr.P.C. are as extensive as in any appeal against the order of conviction. But as a rule of prudence, it is desirable that the High Court should give proper weight and consideration to the view of the Trial Court with regard to the credibility of the witness, the presumption of innocence in favour of the accused, the right of the accused to the benefit of any doubt and the slowness of appellate Court in justifying a finding of fact arrived at by a Judge who had the advantage of seeing the witness. It is settled law that if the main grounds on which the lower Court has based its order acquitting the accused are reasonable and plausible, and the same cannot entirely and effectively be dislodged or demolished, the High Court should not disturb the order of acquittal."
15. As observed by the Hon'ble Supreme Court in the case of Rajesh Singh & Others vs. State of Uttar Pradesh reported in (2011) 11 SCC 444 and in the case of Bhaiyamiyan Alias Jardar Khan and Another vs. State of Madhya Pradesh reported in (2011) 6 SCC 394, while dealing with the judgment of acquittal, unless reasoning by the trial Page 14 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined Court is found to be perverse, the acquittal cannot be upset. It is further observed that High Court's interference in such appeal in somewhat circumscribed and if the view taken by the trial Court is possible on the evidence, the High Court should stay its hands and not interfere in the matter in the belief that if it had been the trial Court, it might have taken a different view.
16. In the case of Chandrappa v. State of Karnataka, reported in (2007) 4 SCC 415, the Hon'ble Apex Court has observed as under:
"42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge:
(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
(2) The Criminal Procedure Code, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach Page 15 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined its own conclusion, both on questions of fact and of law.
(3) Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion.
(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused.
Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by Page 16 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined the trial court.
(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court."
17. Considering the aforesaid facts and circumstances of the case and law laid down by the Hon'ble Supreme Court while considering the scope of appeal under Section 378 of the Code of Criminal Procedure, 1973 no case is made out to interfere with the impugned judgment and order of acquittal.
18. In view of above facts and circumstances of the case, on my careful re-appreciation of the entire evidence, I found that there is no infirmity or irregularity in the findings of fact recorded by learned trial Court and under the circumstances, the learned trial Court has rightly acquitted the respondent/s - accused for the elaborate reasons stated in the impugned judgment and I also endorse the view/finding of the learned trial Court leading to the acquittal.
19. In view of the above and for the reasons stated above, the present Criminal Appeal fails to prove its case Page 17 of 18 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:03 IST 2025 NEUTRAL CITATION R/CR.A/1157/2010 JUDGMENT DATED: 10/12/2025 undefined and the same deserves to be dismissed and is dismissed, accordingly. Record & Proceedings be remitted to the concerned trial Court forthwith.
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