Gujarat High Court
State Of Gujarat vs Arjanbhai Premjibhai on 13 February, 2025
NEUTRAL CITATION
R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 879 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO Sd/-
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
ARJANBHAI PREMJIBHAI & ANR.
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Appearance:
MR BHARGAV PANDYA, APP for the Appellant(s) No. 1
MR HRIDAY BUCH(2372) for the Opponent(s)/Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 13/02/2025
ORAL JUDGMENT
1. This appeal has been filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dated 21.09.2007 in Sessions Case No.23 of 2005 passed by the learned Additional Sessions Judge, Dhangadhra (hereinafter referred to as 'the learned Trial Court'), whereby, the learned Trial Court has acquitted the respondents - accused from the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Page 1 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined Code (hereinafter referred to as 'the IPC'). The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.
2. The relevant facts leading to filing of the present appeal are as under:
2.1. The accused Nos. 1 and 2 are the brother-in-law and sister-in-law of the deceased Sarojben Mansukhbhai, who was married to the younger brother of the accused No.1 about 7 years prior to the incident that had occurred on 07.06.2004. The accused and Mansukhbhai Premjibhai, the husband of the deceased, had purchased land and constructed a house in Nilkanth Park at village Halvad and were residing in that house and both the accused wanted to snatch away the house from the deceased Sarojben. About 4-5 months prior to the incident, both the accused were physically and mentally harassing the deceased. That the deceased was fed up with the harassment and they went to live separate from the accused on the top portion of the house with her children, which was not liked by the accused and they spoke bitter Page 2 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined words to the deceased. On 07.06.2004, at 9:45 hours, the deceased sprinkled kerosene on herself and committed suicide and the complaint was filed by the complainant Chaturbhai Dungarsinh Dalwadi, the father of the deceased, on 20.12.2004, at 19:00 hours, with Halvad Police Station which was registered at I-C.R.No.94 of 2004 under Sections 498-A, 306 and 114 of the IPC.
2.2. After registration of the FIR, the investigation was carried out by the concerned Investigating Officer and after having sufficient material against the accused, the chargesheet came to be filed before the concerned jurisdictional Magistrate. As the case was exclusively triable by the Court of Sessions, after completion of the process under Section 209 of the Cr.P.C., the case was committed to the Sessions Court and the same was registered as Sessions Case No.23 of 2005.
2.3. The accused were duly served with the summons and the accused appeared before the learned Trial Court and it was verified whether the copies of all the police papers were provided to the accused as per the provisions of Section 207 of the Code and a charge was framed by the learned Trial Court at Exh.3 and the Page 3 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined statements of the accused were recorded at Exhs. 4 and 5 respectively, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record. The prosecution has examined 17 witnesses and has produced 9 documentary evidences in support of the case.
2.4. After the closing pursis was submitted by the learned APP at Exh.47, the further statement of the accused under Section 313 of the Code was recorded. After hearing the arguments of the learned APP and learned advocate for the accused and after perusing the documents on record, the learned Trial Court, by the impugned judgment and order, has acquitted the accused for the offences punishable under Sections 306, 498(A) and 114 of the IPC.
3. Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has erred in holding that the prosecution has failed to establish the case beyond the reasonable doubts. The learned Trial Page 4 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined Court has erred in evaluating the evidence on record of the case and without appreciating the evidence in its real perspective, has acquitted the accused. The learned Trial Court has erred in appreciating the evidence of the complainant and other witnesses produced in the present case as the evidence gets corroboration from each other. The learned Trial Court has, without giving any specific reason, not discussed the evidence of the witnesses in the impugned judgment and order of acquittal and has discarded the evidence of the witnesses. The learned Trial Court has erred in not considering the fact that the deceased committed suicide as she was being harassed by the accused and was mentally and physically tortured time and again and the learned Trial Court has not appreciated the important evidence in its real spirit and has acquitted the accused. The learned Trial Court has passed the impugned judgment and order of acquittal without giving any cogent and convincing reasons and therefore, the same requires to be quashed and set aside.
4. Heard learned APP Mr.Bhargav Pandya for the appellant - State and learned advocate Mr.Param Buch for learned Page 5 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined advocate Mr.Hriday Buch for the respondents. Perused the impugned judgment and order of acquittal and have re- appreciated the entire evidence of the prosecution on record of the case.
5. Learned APP Mr.Bhargav Pandya for the appellant - State has taken this Court through the entire evidence produced by the prosecution and has vehemently argued that the learned Trial Court has not appreciated the evidence properly and the prosecution has produced cogent evidence to prove the the case and has successfully proved the case against the accused but the learned Trial Court has not considered the same and has acquitted the accused. The judgment and order of acquittal passed by the learned Judge is contrary to law, evidence on record and principles of justice. The judgment and order of acquittal passed by learned Judge is based on inferences, not warranted by facts of the case and also on presumption, not permitted by law. Learned APP has urged this Court to quash and set aside the impugned judgment and order of acquittal and to find the accused guilty for the said offence. Learned APP has urged this Court to allow the present Page 6 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined appeal and impose maximum sentence on the accused.
6. Learned advocate Mr.Param Buch for learned advocate Mr. Hriday Buch for the respondents - original accused has submitted that the learned Trial Court has appreciated all the evidence in true perspective and has not committed any error in acquitting the accused. Therefore, no interference of this Court is required in the impugned judgment and the order of acquittal passed by the learned Trial Court and has urged this Court to reject the appeal.
7. At the outset, before discussing the facts of the present case, it would be appropriate to refer to the observations of the Apex Court regarding acquittal appeals in the case of Chandrappa & Ors. Vs. State of Karnataka reported in 2007 (4) SCC 415, the Apex Court has observed as under:
Recently, in Kallu Vs. State of M.P. (2006) 10 SCC 313 :
AIR 2006 SC 831, this Court stated; "While deciding an appeal against acquittal, the power of the Appellate Court is no less than the power exercised while hearing appeals against conviction. In both types of appeals, the power exists to review the entire evidence. However, one significant difference is that an order of acquittal will not be interfered with, by an appellate court, where the judgment of the trial court is based on evidence and the view taken is reasonable and plausible. It Page 7 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined will not reverse the decision of the trial court merely because a different view is possible. The appellate court will also bear in mind that there is a presumption of innocence in favour of the accused and the accused is entitled to get the benefit of any doubt. Further if it decides to interfere, it should assign reasons for differing with the decision of the trial court". (emphasis supplied) ........ From the above decisions, in our considered view, the following general principles regarding powers of 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 Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the evidence before it may reach 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 emphasize 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 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 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.Page 8 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025
NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined
8. It is a settled principle of law that in an appeal against acquittal, the Appellate Court is circumscribed by limitation that no interference has to be made in the order of acquittal unless after appreciation of the evidence produced before the learned Trial Court, it appears that there is some manifest illegality or perversity which could not have been possibly arrived at by the Court. It is also a settled principle that there is no embargo on the Appellate Court to review the evidence but, generally the order of acquittal shall not be interfered with as the presumption of innocence of the accused is further strengthened by the order of acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case of the prosecution i.e. (i) guilt of the accused and (ii) his innocence, the view, which is in favour of the accused, should be adopted, and if the trial Court has taken the view in favour of the accused, the Appellate Court should not disturb the findings of the acquittal. The Appellate Court can interfere with the judgment and order of acquittal only when there are compelling and substantial reasons and the order is clearly unreasonable and where the Appellate Court comes to conclusion Page 9 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined that based on the evidence, the conviction is a must.
9. The accused has been charged with the offence under Section 306 of the IPC and at this juncture it would be fit to reproduce the observations of the Apex Court in the case of Prakash and others versus State of Maharashtra in the order passed in Criminal Appeal No.5543 of 2024 (Arising out of SLP (Cri.) No. 1073 of 2023 on 20 December 2024 in paras 12 to 22 which are as under:
"12. The relevant provisions of the IPC that fall for consideration are 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.
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 willful 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.Page 10 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025
NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined 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."
13. Section 306 of the IPC has two basic ingredients-first, an act of suicide by one person and second, the abetment to the said act by another person(s). In order to sustain a charge under Section 306 of the IPC, it must necessarily be proved that the accused person has contributed to the suicide by the deceased by some direct or indirect act. To prove such contribution or involvement, one of the three conditions outlined in Section 107 of the IPC has to be satisfied.
14. Section 306 read with Section 107 of IPC, has been interpreted, time and again, and its principles are well- established. To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity to the commission of suicide by the deceased. Such instigation or incitement should reveal a clear mens rea to abet the commission of suicide and should put the victim in such a position that he/she would have no other option but to commit suicide.
15. The law on abetment has been crystallised by a plethora of decisions of this Court. Abetment involves a mental process of instigating or intentionally aiding another person to do a 10 particular thing. To bring a charge under Section 306 of the IPC, the act of abetment would require the positive act of instigating or intentionally aiding another person to commit suicide. Without such mens rea on the part of the accused person being apparent from the face of the record, a charge under the aforesaid Section cannot be sustained. Abetment also requires an active act, direct or indirect, on the part of the accused person which left the deceased with no other option but to commit suicide.
16. This Court in the case of S.S. Chheena v. Vijay Kumar Mahajan and Another12, had an occasion to consider the scope of Section 306 of the IPC and the ingredients which are essential for abetment, as set out in Section 107 of the IPC. It observed as follows:
16. The word "suicide" in itself is nowhere defined in the Penal Code, however its meaning and import is well known and requires no explanation. "Sui" means "self"Page 11 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025
NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined and "cide" means "killing", thus implying an act of self- killing. In short, a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself. ...........
18. In our country, while suicide in itself is not an offence, considering that the successful offender is beyond the reach of law, attempt to suicide is an offence under Section 309 IPC.
..........
21. The learned counsel for the appellant has placed reliance on a judgment of this Court in Mahendra Singh V. State of M.P. [1995 Supp (3) SCC 731 : 1995 SCC (Cri) 1157] In Mahendra Singh [1995 Supp (3) SCC 731 : 1995 SCC (Cri) 1157] the allegations levelled were as under: (SCC p. 731, para 1) "1. ... My mother-in-law and husband and sister-in-law (husband's elder brother's wife) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law. Because of these reasons and being harassed I want to die by burning." The Court on the aforementioned allegations came to a definite conclusion that by no stretch the ingredients of abetment are attracted on the statement of the deceased. According to the appellant, the conviction of the appellant under Section 306 IPC merely on the basis of the aforementioned allegation of harassment of the deceased is unsustainable in law.
... ...........
23. In State of W.B. v. Orilal Jaiswal [(1994) 1 SCC 73 : 1994 SCC (Cri) 107] this Court has cautioned that: (SCC p. 90, para 17) "17. ... The court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it [appears] to the court Page 12 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined that a victim committing suicide was hypersensitive to ordinary petulance, discord and 12 differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty."
24. This Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) [(2009) 16 SCC 605 : (2010) 3 SCC (Cri) 367] had an occasion to deal with this aspect of abetment. The Court dealt with the dictionary meaning of the words "instigation" and "goading". The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person's suicidability pattern is different from the other. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances.
25. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide."
17. This Court held that abetment involves the mental process of instigating a person or intentionally aiding a person in doing of a thing. Therefore, without a positive act on the part of the accused to instigate or aid a person in committing suicide, conviction cannot be sustained. This Court further observed that the intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 of IPC, there has to be a clear mens rea to Page 13 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined commit the offence. Abetment also requires an active act or direct act which led the deceased to commit suicide seeing no other option and that act must have been intended to push the deceased into such a position that he committed suicide. However, this Court has cautioned that since each person reacts differently to the same provocation depending on a variety of factors, it is impossible to lay down a straightjacket formula to deal with such cases. Therefore, every such case has to be decided on the basis of its own facts and circumstances.
18. More recently, in the case of Jayedeepsinh Pravinsinh Chavda and Others v. State of Gujarat, this Court has relied on S.S. Chheena (supra) to hold that the element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible. Without this, the foundational requirement for establishing abetment under the law, that is deliberate and conspicuous intention to provoke or contribute to the act of suicide, would remain unfulfilled. This Court observed as follows:
"18. For a conviction under Section 306 of the IPC, it is a well-
established legal principle that the presence of clear mens rea--the intention to abet the act--is essential. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide. The prosecution must demonstrate an active or direct action by the accused that led the deceased to take his/her own life. The element of mens rea cannot simply be presumed or inferred; it must be evident and explicitly discernible. Without this, the foundational requirement for establishing abetment under the law is not satisfied, underscoring the necessity of a deliberate and conspicuous intent to provoke or contribute to the act of suicide."
19. It is, therefore, evident that the positive act of instigation is a crucial element of abetment. While dealing with an issue of a similar nature, this Court in the case of Ramesh Kumar v. State of Chhattisgarh laid down the parameters of what would be constituted to be an act of instigation. This Court observed as follows:-
"20. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it 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 Page 14 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined consequence must be capable of being spelt out. The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation."
20. It could thus be seen that this Court observed that instigation is to goad, urge forward, provoke, incite or encourage to do "an act". It has been held that in order to satisfy the requirement of instigation though it 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, however, a reasonable certainty to incite the consequence must be capable of being spelt out. Applying the law to the facts of the case, this Court went on to hold that a word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.
21. Relying on the decision in the case of Ramesh Kumar (supra), this Court in the case of Ude Singh and Others v. State of Haryana observed as follows:
"16. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act(s) of incitement to the commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behaviour and responses/reactions. In the case of accusation for abetment of suicide, the court would be looking for cogent and convincing proof of the act(s) of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case.
16.1. For the purpose of finding out if a person has abetted commission of suicide by another, the consideration Page 15 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions above referred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of the accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four corners of Section 306 IPC. If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide. The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide.
However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased.
16.2. We may also observe that human mind could be affected and could react in myriad ways; and impact of one's action on the mind of another carries several imponderables. Similar actions are dealt with differently by different persons; and so far a particular person's reaction to any other human's action is concerned, there is no specific theorem or yardstick to estimate or assess the same. Even in regard to the factors related with the question of harassment of a girl, many factors are to be considered like age, personality, upbringing, rural or urban set-ups, education, etc. Even the response to the ill action of eve teasing and its impact on a young girl could Page 16 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined also vary for a variety of factors, including those of background, self-confidence and upbringing. 18 Hence, each case is required to be dealt with on its own facts and circumstances."
22. It could thus be seen that this Court observed that in cases of alleged abetment of suicide, there must be a proof of direct or indirect act(s) of incitement to the commission of suicide. It has been held that since the cause of suicide particularly in the context of the offence of abetment of suicide involves multifaceted and complex attributes of human behaviour, the court would be looking for cogent and convincing proof of the act(s) of incitement to the commission of suicide. This Court further observed that a mere allegation of harassment of the deceased by another person would not suffice unless there is such action on the part of the accused which compels the person to commit suicide. This Court also emphasised that such an offending action ought to be proximate to the time of occurrence. It was further clarified that the question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused. It was further held that if the acts and deeds are only of such nature where the accused intended nothing more than harassment or a snap-show of anger, a particular case may fall short of the offence of abetment of suicide, however, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. This Court held that owing to the fact that the human mind could be affected and could react in myriad ways and that similar actions are dealt with differently by different persons, each case is required to be dealt with its own facts and circumstances."
10. In light of the above, the evidence produced by the prosecution on record is appreciated and the prosecution has examined PW-1 Bodabhai Jesingbhai at Exh.9 and PW-3 Jasuben Ishwarbhai Dalwadi at Exh.12. Both the witnesses are the panch Page 17 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined witnesses of the inquest panchnama, which is produced at Exh.10. The witnesses have stated that while they were at the Government Hospital, Halvad, the police had asked them to affix their signatures on the inquest panchnama and they have not seen the dead body of the deceased. Both the witnesses have not supported the case of the prosecution and have been declared hostile and during the cross-examination by the learned APP, nothing to support the case of the prosecution has come on record. 10.1 The prosecution has examined PW-4 Maganbhai Bhikhabhai Dalwadi at Exh. 13 and PW-5 Rameshbhai Devjibhai at Exh.15 and both the witnesses are the panch witnesses of the panchnama of the place of offence, which is produced at Exh.14. Both the witnesses have stated that while they were at village Halvad, the police had called them and asked them to affix their signatures on the panchnama but, they had not gone with the police to draw any panchnama of any place of offence. The witnesses have not supported the case of the prosecution and have been declared hostile and during the lengthy cross-examination, nothing to support the case of the prosecution has come on record. Page 18 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025
NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined 10.2 The prosecution has examined PW-6 Chaturbhai Dungarbhai Parmar at Exh.16 and the witness is the complainant and the father of the deceased, who has stated that on 07.06.2004, he was informed on the telephone about his daughter being burnt and he was told that his daughter was referred to Ahmedabad, and he, his wife and other persons went to Halvad and found that persons from their society had gathered and they had told him that his daughter was taken to the hospital. When they reached the hospital, the accused and his son in-law were present, who told him that his daughter was burnt while she had gone to take bath in the bathroom but, some persons had told them that his daughter had committed suicide due to the bitter words uttered by the accused. That he was informed that his daughter had expired and he went to the Halvad Police Station but, no officer was present, and hence, he returned back to the hospital at Halvad, and thereafter, his daughter was cremated. That once again, he went to the Halvad Police Station where he was told that an accidental death was registered and on 16.04.2004, his cousin Natubhai told him to come and meet Gandhi Saheb, who was an advocate at Halvad and he would prepare the papers and he Page 19 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined would give a right in the property to the children of his daughter, and thereafter, he came to Halvad and met the advocate and two plots were registered in the name of his grand children. That in July, he met Premjibhai, the father in-law of his daughter, who told him that Rs.2,00,000/- was given as a compromise for his daughter's death and he went to the Collector Officer and gave his statement about the quarrel of his daughter with the accused, and thereafter, he filed the complaint, which is produced at Exh.17. During the cross-examination by the learned advocate for the accused, the witness has stated that he has worked in the police department for 36½ years, and at the time of his retirement, he was working as an A.S.I., and at the time of the incident, he was working at Morbi as an A.S.I. That the accused are financial well off and and both the accused are working as teachers and have immovable properties like land and plots. 10.3. The prosecution has examined PW-6 Devjibhai Maganbhai Dalwadi at Exh.27 and the witness is the neighbour of the accused, who has stated that on 07.06.2004 between 9:30am to 9:45am, some shouts were heard from Mansukhbhai's house and Page 20 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined he went and saw that the deceased was lying with a quilt over her and was fully burnt. That the accused and her husband were present and they told him to bring the rickshaw and she was taken to the Government Hospital in the rickshaw. That she was referred to Ahmedabad and she was put in an ambulance and while she was being taken to Ahmedabad, she expired on the way. The witness has not supported the case of the prosecution and has been declared hostile. During the cross-examination by the learned APP, nothing to support the case of the prosecution has come on record.
10.4 The prosecution has examined PW-7 Kasturiben Chaturbhai at Exh.28 and the witness is the mother of the deceased, who has supported the case of the prosecution regarding the death of her daughter and has stated that the marital life of her daughter was very good and she did not have any harassment from her husband and from no persons in her law's family. That her daughter she was burnt but, she does not know how or why she was burnt. During the cross-examination by the learned advocate for the accused, the witness has stated that her Page 21 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined daughter and son in-law were staying on the top portion of the house at Halvad and the accused were staying in the lower portion of the house.
10.5 The prosecution has examined PW-8 Chandrikaben Kishorbhai at Exh.29 and PW-9 Ashaben Nagarbhai at Exh.30 and both the witnesses are the sisters of the deceased, who have supported the case of the prosecution.
10.6 The prosecution has examined PW-10 Dr.Babulal Tribhovandas Malampara at Exh.31 and the witness is the Medical Officer at CHC, Halvad, who was on duty on 07.06.2004 and has performed the post-mortem on the dead body of the deceased. The witness has stated that as per column No.17, the body had 100% burns which was 1st to 3rd degree and there was blackening on the skin on many parts and redness was seen on many parts, smell of kerosene was found and both the eye brows and the hair on the head were stuck to each other which were ante-mortem and there were boils on the body at many parts. The cause of death was due to shock on account of 100% burns.
10.7 The prosecution has examined PW-11 Abdul Hamid Page 22 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined Mahammadbhai Mukindo at Exh.35 and the witness was working as an A.S.I. in Halvad Police Station and Accident Death No.13 of 2004 was registered and he had conducted the inquiry of the same. The panchnama of the place of offence was drawn in the presence of the panch witnesses and he had recorded the statements of the connected witnesses and on the next day, the investigation was handed over to Dy.S.P., Surendranagar. During the cross- examination, the witness has stated that in the statements recorded by him, there were no allegations made against the accused and there were no allegations that the accused were trying to snatch away the house from the deceased, and were mentally and physically harassing the deceased and she has committed suicide. That no bitter words used by the accused were narrated by any of the persons, whose statements have been recorded. 10.8 The prosecution has examined PW-12 Sureshchandra Govindbhai Barochiya at Exh.36 and the witness had arrested the accused and as they were granted anticipatory bail, had released them on anticipatory bail. During the cross-examination, the witness has stated that the investigation was with him for about 3 Page 23 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined months and during entire time, there were no allegations that the accused were trying to snatch away the house from the deceased. The incident was also investigated by the Dy.S.P and A.S.I. 10.9 The prosecution has examined PW-13 Chandubhai Poslabhai Chaudhari at Exh.37 and the witness has investigated Accidental Death No.13 of 2004 while he was working as a Dy.S.P., Dhangadhra. The witness had recorded the statements of the connected witnesses and during the investigation, no cognizable offence was found. During the cross-examination by the learned advocate for the accused, the witness has stated that there were no allegations made against the in-laws while he was investigating the matter and there were no allegations made that the accused wanted to snatch away the house of the deceased and were harassing the deceased.
10.10. The prosecution has examined PW-14 Harishchandrasinh Ganubha Zala at Exh.38 and the witness was working as a Head Constable at Halvad Police Station and he had investigated Accidental Death No.13 of 2004. 10.11 The prosecution has examined PW-15 Nanjibhai Page 24 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined Gandabhai Parmar at Exh.42 and the witness is the Investigating Officer of Accidental Death No.13 of 2004 and he had drawn the inquest panchanama, which is produced at Exh.10. 10.12 The prosecution has examined PW-16 Vanrajsinh Juvansinh Gohil at Exh.45 and the witness is the Investigating Officer, who has investigated the offence and has narrated all the procedure undertaken by him during investigation.
11. On minute appreciation of the entire evidence of the prosecution, it has come on record that the complainant has worked in the police department for 36½ years and the complainant is the father of the deceased. The incident has occurred on 07.06.2004 at 9:45am and Accident Death No.13 of 2004 was registered which was investigated by PW-12,13,14, 15 and 16 and during the entire investigation by all theses officers, no cognizable offence was found out. The witnesses have recorded that the statements of all the connected witnesses but no allegations that the accused were harassing the deceased for snatching away the house from her possession were made and that they were using bitter words and as she could not bear the Page 25 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined harassment, she committed suicide, has emerged on record. During the cross-examination of the complainant, it has also come on record that there were talks of compromise and an amount of Rs.2,00,000/- was to be paid by the father in-law of the deceased and the complaint has been filed on 20.12.2004, more than 6 months after the incident. Admittedly, the investigation of Accidental Death No.13 of 2004 has gone on for around 6 months and during the entire period, no allegations of any ill-treatment were found but, the complainant has filed the complaint on 20.12.2004 even though the complainant himself was working in the police department. It has come on record that the deceased, her husband Mansukhbhai and the accused, who are the elder brother and sister in -law of Mansukhbhai were residing in the same house and the accused were residing on the ground floor and the deceased and her husband Mansukhbhai were residing on the first floor. That if any kind of quarrel or bitter words were used by the accused, the husband of the deceased was the best witness and he would have witnessed all the quarrels between the deceased and the accused but, it is pertinent to note that the husband of the deceased has not been examined before the learned Trial Court. Page 26 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025
NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined The allegations made by the sisters of the deceased and the mother of the deceased are mere bald statements and there is no supportive evidence of any ill-treatment meted out by the accused and there is no iota of evidence that at any point of time, prior to the incident, the accused had instigated provoked, incited or encouraged the deceased do any act to end her life. It has also come on record that the both the accused were working as teachers and there is nothing on record to suggest that immediately, prior to incident, the accused had any kind of quarrel with the deceased. Moreover, it is also on record that the deceased was married for 8- 9 years prior to the incident and they had two children but the children have also not been examined before the learned Trial Court.
13. In view of the above, the learned trial Court has appreciated the entire evidence in proper perspective and there does not appear to be any infirmity and illegality in the impugned judgment and order of acquittal. The learned Trial Court has appreciated all the evidence and this Court is of the considered opinion that the learned Trial Court was completely justified in Page 27 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025 NEUTRAL CITATION R/CR.A/879/2008 JUDGMENT DATED: 13/02/2025 undefined acquitting the accused of the charges leveled against them. The findings recorded by the learned Trial Court are absolutely just and proper and no illegality or infirmity has been committed by the learned trial Court and this Court is in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the learned Trial Court. This Court finds no reason to interfere with the impugned judgment and order and the present appeal is devoid of merits and resultantly, the same is dismissed.
14. The impugned judgment and the order dated 21.09.2007 in Sessions Case No.23 of 2005 passed by the learned Additional Sessions Judge, Dhangadhra is hereby confirmed.
15. Bail bond stands cancelled. Record and proceedings be sent back to the concerned Trial Court forthwith.
Sd/-
(S. V. PINTO,J) F.S.KAZI Page 28 of 28 Uploaded by F.S. KAZI(HC01075) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 23:07:54 IST 2025