Gujarat High Court
State Of Gujarat vs Pradipsinh Ajitsinh Rana on 1 July, 2025
Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi
NEUTRAL CITATION
R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1843 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE UMESH A. TRIVEDI Sd/-
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Approved for Reporting No Yes
No
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STATE OF GUJARAT
Versus
PRADIPSINH AJITSINH RANA & ANR.
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Appearance:
MS. MEGHA CHITALIA, APP for the Appellant(s) No. 1
MR. Y.J. PATEL(3985) for Opponent(s)/Respondent(s) No. 1,2
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 01/07/2025
ORAL JUDGMENT
1. This appeal filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") by the State of Gujarat challenging the judgment and order of acquittal recorded by Presiding Officer - Additional District and Sessions Judge, Fast Track Court No. 4, Vadodara dated 27.05.2010 rendered in Sessions Case No. 65 of 2009, Page 1 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined whereby respondents - accused came to be acquitted of the charge punishable under Sections 498A, 306 and 114 of the Indian Penal Code (hereinafter referred to as "IPC") as also under Sections 3 and 7 of the Dowry Prohibition Act, 1961 (hereinafter referred to as "the Act").
2. As per the case of the prosecution, accused No.1 is the husband of deceased - Deepikaben and he was taunting his wife that she is not liked by him and she was also beaten. So far as the accused No.2 is concerned, who is the mother in law of the deceased, it is alleged that she used to taunt that she has not brought sufficient dowry and her father has not given anything to them. It is further alleged that since they were to construct a house, it was asked to have a lakh or two from her father. Thus, it is alleged that accused were demanding dowry from the deceased.
2.1 It is further alleged that respondent No.2 herein, being mother in law of the deceased - Deepikaben, was inciting accused No.1 and thereby, accused No.1 used to beat her.
2.2 It is further alleged that they were demanding her ornaments to be utilized for the purpose of constructing the Page 2 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined house. Thus, by inflicting such physical and mental cruelty, it is alleged that deceased - Deepikaben was compelled to commit suicide and she consumed some poison and thereby, suicide of the deceased - Deepikaben was said to have been abetted by the respondent - accused and for that, they have been prosecuted for the offence as alleged.
2.3 On registration of the FIR at the instance of the father of the deceased, investigation was carried out and on conclusion of investigation, charge-sheet has come to be filed against the accused. Since the offence against the accused was triable by the Court of Sessions, it was committed to the Court of Sessions.
2.4 On charge being framed against the accused for the aforesaid offence, they pleaded not guilty to the charge and claimed to be tried. Therefore, to prove the case against the accused, prosecution had examined nearly 9 witnesses and have produced and proved nearly 21 documents. 2.5 On recording further statement of the accused under Section 313 of "the Code", arguments on behalf of the prosecution as also the accused were heard. 2.6 On hearing the learned APP and the advocate for Page 3 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined the accused as also on appreciation of evidence led before it, learned Judge gave benefit of doubt to the accused, and therefore, aforesaid order of acquittal came to be recorded in favour of them.
3. Ms. Megha Chitalia, learned APP for appellant - State, submitted that the complainant - father of the deceased, her mother, her uncle as also her cousins have supported the case of prosecution, so far as cruelty being inflicted upon the deceased, which led her to commit suicide, is concerned, and therefore, prosecution has proved the case beyond reasonable doubt.
3.1 Not only that, she has further submitted that the primary cause of death given by Dr. Bharatsinh Mansinh Chauhan, who performed post-mortem over the dead body of the deceased - Deepikaben, opined that death is because of 'poisoning'.
3.2 At the same time, according to her submission, nothing is brought on record by way of any contemporaneous record or even deposition of any of the witnesses that, final cause of death was ever obtained and/or given. Post-mortem note Exhibit-16 reveals at page 78 of the paper-book in column Page 4 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined for the 'probable cause of death' to be "Cardio respiratory arrest due to poisoning". Therefore, she has submitted that either it may be a case of murder or a case of suicide. 3.3 Since there is no case of murder pleaded by the prosecution, it is a case of suicide by consuming poison. Therefore, she has submitted that deposition of the relatives of the victim is corroborated by the medical evidence and the cruelty was so proximate that there was no other alternative to her but to commit suicide.
3.4 Drawing attention of the Court to the deposition of PW1 - Bhikhusinh Chandrasinh Gohil - first-informant as also his complaint, it is submitted that he received at about 2:30 p.m. a phone call at 05.01.2009, when the deceased was at her parental home, from accused No.1, which was received by deceased - Deepikaben and he administered threat to her that if she of her own doesn't return back to the matrimonial home, she would be taken from there while beating. Therefore, according to the complaint, on 06.01.2009, deceased - Deepikaben went alone to her matrimonial home. Thereafter, within few days i.e. on 09.01.2009, alleged incident has occurred.
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NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined 3.5 She has further submitted that though there appears no marks of external injury over the body of the deceased, fact remains that some drug/medication was already there immediately prior to her death, within proximate time.
3.6 She has further submitted that even whitish particles were found in "upper third of Trachea" and with question mark, 'Aspiration' is written. 3.7 Drawing attention of the Court to column No. 20 of the post-mortem note, Exhibit-16, it is submitted that 'white food particles/froth' was also seen in 'upper third of Oesophagus'. Therefore, she has submitted that though no poison or any drug is found in viscera or blood, cause of death opined by the Doctor appears to be correct, so far as death due to poisoning, maybe 'cardio respiratory arrest', as a result of it.
3.8 She has further submitted that though complaint is somewhat late filed by the father of the deceased, when explanation is offered thereof, it cannot be said that case is concocted one.
3.9 She has further submitted that prior to the Page 6 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined registration of offence, an accidental death case was registered. It is because of that reason, post-mortem of the dead body of the deceased was performed, which is giving some clue about the cause of death, otherwise there would not be any corroborative material left behind to prove case against the accused.
3.10 She has further submitted that as per the deposition of the parents and relatives of the deceased, on accidental death case being registered, when their statements were recorded by the Police, what was informed to them by the accused and his relatives, only that was disclosed before the Police. At the same time, immediately on the next day of the death or rather the same day, they may not be in a position to state the truth before the Police, keeping in mind the welfare of a child as well. Therefore, late filing of the complaint being sufficiently explained, it could not be considered as a ground for recording an order of acquittal.
3.11 She has further submitted that since she had to leave her parental home within a day on phone call being received from her husband, all alone, the intention and intensity of the cruelty inflicted upon deceased can be Page 7 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined visualized, it is of such serious nature, that within 3 days thereof, she had to commit suicide.
3.12 She has further submitted that as evidence led before the Court, accused No.1 is in habit of drinking liquor and having illicit relations with one widow in the village. As informed by the deceased to her mother, PW-2 - Kanuben, as and when she used to visit her parental home, that after consuming liquor, when he comes home, he used to tell that she is not liked by him. It is only because of his parents, he had to marry her. The said taunting is also coupled with beating. 3.13 She has further submitted that respondent No. 2 was always demanding her ornaments to build house. Not only that, she was asked by her to bring money from her parents. She was also beaten by her husband at the provocation of her mother in law, by accused No. 1.
3.14 Therefore, she has submitted that reasons assigned by the learned Judge for recording an order of acquittal is erroneous, illegal and requires to be interfered by this Court, while exercising powers as appellate Court to reverse the same and convict the accused for the aforesaid offences while imposing suitable punishment against them. Page 8 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025
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4. As against that, Mr. Y.J. Patel, learned advocate for the accused, submitted that the entire case against the accused is nothing but an afterthought.
4.1 He has further submitted that not only when deceased came out of the bathroom and fell down because of dizziness, she was immediately taken to the hospital for the purpose of treatment. Simultaneously, father of the accused No. 1 and his other relatives along with near relative of the first-informant, who is also staying in the village of the accused No.1, immediately sent to the parental home of the deceased to inform and bring them in the hospital. If at all there is ill- intention on the part of the accused, as submitted by the learned advocate for the respondent - accused, no prompt action either for the purpose of treatment or informing her parents would have been taken by the accused. 4.2 He has further submitted that all efforts have been made by the accused to get her treatment, and therefore, immediately she was taken to the nearest hospital of Dr. Bhavin in the village itself and on his advice, she was taken to Karjan Community Health Centre. However, she could not be saved, that doesn't mean that accused have committed an Page 9 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined offence, that too, an offence of abetment of suicide committed by the deceased. Hence, on her death, post-mortem of the dead body was performed and an accidental death case came to be registered and inquired into by the Police. 4.3 It is further submitted that pursuant to an accidental death case inquiry, even statement of all relatives of the deceased, including the first-informant were recorded not only by PSI/PI but by an Officer of the rank of Dy.S.P., despite that neither of the witnesses have ever complained against any of the accused or of any ill-treatment, which they have deposed to before the Court. The said reactions of the witnesses were very prompt and in proximate time. Thereafter, for the reasons best known to them, a written complaint, after about 3 months to the date of incident, came to be filed by the father of the deceased. If at all witnesses were made to believe that it is a natural death and the reason what accused stated is even accepted by them, even if not correct, it would be made known to them within a week or a month. It may not take months together to file a complaint against the accused or allege anything about physical or mental cruelty, which led her to commit suicide.
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NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined 4.4 He has further submitted that despite it is revealed that she was taken to the local Doctor - Dr. Bhavin, there appears no statement recorded of him or even examination by the prosecution, so that first-hand information would be available. That goes against the prosecution. 4.5 He has further submitted that though report of the FSL acknowledges that sample Mark-A/4, which was in a sealed card box in a small glass bottle, white coloured stuff was there. It was stated to be tablet from material collected from the tongue at the time of arrival of the dead body mentioned. Despite that, who collected and how it was known to collecting person that there is some tablet inside the mouth and the tongue. Not only that, sample Mark-A claimed to have been sent in 4 bottles by the Doctor while collecting viscera, but what all 4 bottles contained is also mentioned by him to be:-
In Bottle No.1: "Stomach with its Contents", In Bottle No.2: "Pieces of Spleen, left Lung, right Lung, Liver, Heart and Kidney", In Bottle No.3: "EDTA BULB 07 Blood", and In Bottle No.4: "Plain Bulb of blood", as mentioned in post-mortem note Exhibit-16.
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NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined At no point of time, even at the time of arrival of dead body, Dr Bharatsinh Chauhan ever stated in his deposition or even in any contemporaneous record it is recorded that such a tablet was collected from the tongue at the time of arrival of dead body. Therefore, he has submitted that case is full of mysteries and it has been created after about 3 months from the date of incident by the complainant. 4.6 He has further submitted that as admitted by the complainant - father of the deceased, since 4 years prior to the marriage, deceased was suffering from low blood pressure and her treatment was going on, which was continued even after her marriage at her in-laws' house.
4.7 He has also submitted that at the time of receiving dead body, after conclusion of post-mortem, not only the complainant but his all male relatives were there in the hospital and they readily and happily took the dead body to the house of the accused. Not only that, they performed all rituals at the house of the husband - accused No.1. 4.8 Drawing attention of the Court to the cross-
examination of the complainant, where he had to admit that when first Police came to them, he had informed the Police Page 12 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined that she might have dizziness because of low blood pressure on the date of incident and because of that reason, it might have happened. Not only that, it is mentioned before the Police at that time, as admitted in the cross-examination, that deceased - Deepikaben had no any trouble at her in laws' house and for her death, he has no suspicion at all over anyone. Therefore, he has submitted that a false case is created against the accused, and therefore, when Court, who conducted the trial after recording sound reasons, acquitted the accused, even if two views are possible from the evidence led, the view, which is favorable to the accused, has to be accepted, this Court may not interfere with the judgment and order of acquittal and dismiss the appeal.
5. Having heard the learned APP as also Mr. Y.J. Patel, learned advocate for the respondent - accused and examining, in detail, the evidence led before the Court, not only the investigation but the deposition of Doctor and FSL report creates so many doubts to be answered. 5.1 Though one Vikramsinh, who happens to be the brother in law of the first-informant, who stays in the very village where accused and deceased were staying, is referred Page 13 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined everywhere by the complainant and his statement was also recorded, prosecution has not examined him before the Court, maybe for the reason that he may not support the belated case pleaded by the first-informant.
5.2 Most surprisingly, though nowhere mentioned in the examination-in-chief of the first-informant, as recorded in the deposition, witness had not supported the statement or complaint, surprisingly, without stating any reason, learned APP requested the Court to cross-examine him declaring hostile. Not only that, learned Judge has also readily granted the same, for filling up of lacuna when witness omits to state something which is already stated in the complaint, which is also drafted after about 3 months from the date of incident. Thereafter, surprisingly, what he omitted in his examination-in- chief, he had started admitting and stating that it had happened and he had so stated before the Court. It appears to be a novel idea by the Prosecutor, which should be checked by the Court before granting any permission to declare a witness hostile, that too, for no reason, and permit him to cross- examine him. In this case, so far as the first-informant - father of the deceased and PW-2 - mother of the deceased were permitted to declare them hostile and APP cross-examined Page 14 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined them, in a similar manner, PW-1 was cross-examined, for the part, which were omitted to be stated in examination-in-chief. 5.3 Be that as it may, even Investigating Officer has also not conducted the investigation in a proper manner. Though post-mortem note Exhibit-16 revealed only 4 bottles were prepared by the Doctor collecting viscera, etc.. Under a forwarding note, the Investigating Officer sent not only one box containing 4 bottles but a sealed cover claimed to be collected by the Doctor, while performing post-mortem, was also sent, which is at Exhibit-22 page 87 of the paper-book. Along with those two articles, one paper-cover was also sent containing four tablets each of different colour and a wrapper of drug in a plastic bag, which was seized from the scene of offence, only those sealed sample bottles of viscera and these tablets found from the scene of offence were given Mark-A and B, whereas one sealed cover (What it did contain is still a mystery) was not given any mark to be examined. Even Police Officer or Doctor have not stated anything about the same in their deposition what was the sealed cover.
What contained in the 4 glass bottles as a part of viscera is very well written by the Doctor in the post-mortem Page 15 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined note, to be 'Stomach with contents, pieces of different parts of the body of deceased, EDTA BULB 07 blood as also plain bulb of blood', nowhere it refers about collecting any tablet from a tongue at the time of arrival of dead body mentioned even as any article sent to the Forensic Science Laboratory for the purpose of examination. Still however, as Mark-A/4, it has been stated to be a tablet from material collected from tongue at the time of arrival of the dead body written on that Mark-A/4. Thereafter, it appears that two blood bottles, one EDTA and one plain bulb of blood were shown to be a part of one box, which was given Mark-A 3/1 and 3/2. Still however, what was there in one sealed cover sent to FSL for examination and whether it is examined or not, is not deposed to by Doctor, Police Officer or even FSL Officer.
5.4 Be that as it may, even that tablet was found to be a drug used for anti-convulsions/anti-epileptic drug, named 'Lamotrigine'. Again, it is no poison but the drug used by the persons, who suffers convulsions, whereas remaining articles were also found to be a drug and from any of the articles, no poison or any drug was found by the Forensic Science Laboratory. The report of Scientific Officer from Forensic Science Laboratory in respect of viscera and articles collected, Page 16 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined cuts at the very root of an opinion of a Doctor that, the cause of death is by poisoning. Be that as it may, neither even the final cause of death appears to have been obtained by the Investigating Officer nor given by the Doctor after examination of samples by Forensic Science Laboratory and is produced before the Court. If at all there is any tablet found from the tongue at the time of arrival of the dead body and collected by the Doctor or even by the staff of the hospital, it would have been reflected from the post-mortem note or from the person, who collected the same. The Doctor - PW-5 Exhibit-14/A, Dr. Bharatsinh Mansinh Chauhan, has nowhere stated the same in his deposition. Not only that, he has not stated about any final cause of death being given by him.
5.5 As per his examination-in-chief itself, as recorded in Column No.12 of the post-mortem note Exhibit-16, "mouth was found to be closed and tongue bitten b/w upper and lower jaw". The said situation would be there, when a person having convulsions at the time of incident. Even according to the deposition of the father of the deceased, she was suffering from low blood pressure and at times, she had convulsions and because of that reasons, the incident might have occurred. This was the first reaction of the father of the deceased when Page 17 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined police approached them after registering the accidental death case.
5.6 Not only that, statement of all the relatives of the deceased were recorded pursuant to an accidental death case registered, by two Police Officers of different cadres before whom, as admitted by all the witnesses that they had no complaint about anything against anyone, much less the accused. They, not also showed any doubt for the death of the deceased, much less raising any suspicion over accused for the same. It is further submitted that wild allegations made in a written complaint after 3 months given to the Police, which is registered as an offence, are also not stated before the Police when their statements were recorded pursuant to accidental death case. Even explanation offered by the witnesses is also not reliable. If at all deceased had informed the parents or even the mother alone about habit of consuming liquor of the husband and beating her under influence of it and even harassment or even cruelty meted out by demanding dowry by any of the accused, if not immediately after accidental case is registered, within a reasonable time maybe of a week or even 10 days or even a couple of weeks, they may have immediately informed the Police about the same, whereas here Page 18 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined witnesses have come out with such a story, that too, in writing after about 3 months to the incident.
5.7 On re-appreciation of evidence of the father, mother and other relatives of the deceased, they are not found to be reliable and free from doubt. Since their depositions are not reliable at all for the aforesaid reasons, and it has been recorded by the learned Judge also while passing an order of acquittal, there also, on certain aspects, there is no corroboration in between the witnesses when it is ascertained by some of the prosecution witnesses that accused No.1 administered threat that, if deceased doesn't return back to the matrimonial home, he would take her by beating, whereas other witnesses have a different story to tell that. Over the phone, accused No.1 informed Bharatsinh Jaswantsinh Jadav, PW-4, who happens to be the cousin of the deceased, who stays just nearby the house of the complainant, he says in his deposition that, 'when phone of accused No.1 was received by deceased - Deepikaben, she was nervous, and therefore, he took the phone from her, where accused No.1 informed witness Bharatsinh that if you don't send Deepika to her matrimonial home, he would commit suicide'. Like absence of consistent evidence with regard to the so called cruelty or Page 19 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined harassment, which might compel anyone to commit suicide, even depositions of the witnesses are also inconsistent with each other on most material aspects. Not only that, it has been created after about 3 months in writing, despite that, there is no consistency in between the witnesses on material aspects. 5.8 Vikramsinh, who happens to be the brother in law of the complainant, staying in the village where accused No.1 stays, was all-throughout present along with the accused after the incident occurred, taking her to the hospital and then went to call the complainant and his relatives alongwith the Father of accused, though his statement is recorded, he is not examined before the Court. As such, each and every witnesses are not required to be examined before the Court, but fact remains that Vikramsinh, who stays in the village itself of the accused and who happens to be the paternal uncle of the deceased, he would be the best witness if at all there is any cruelty meted out to her even prior to the date of incident. Not only that, from the date of incident also, when he was easily available in the village and accompanied the accused in the hospital as also going with the father of the accused No.1 to bring the complainant and their relatives, he would have been the best witness on the issue of cruelty or harassment or the Page 20 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025 NEUTRAL CITATION R/CR.A/1843/2010 JUDGMENT DATED: 01/07/2025 undefined circumstances under which deceased either committed suicide or someone has poisoned her. Not only prosecution is satisfied with the case of suicide by the deceased, on top of the same, even Doctor himself has admitted that, possibility of death being natural is also there. Thus, even the opinion of the Doctor that though not proved on record as final cause of death, 'cardio respiratory arrest due to poisoning' is also not corroborated by any other attending circumstances or evidence brought on record by the prosecution. Along with the said opinion of the Doctor that death may be natural as well, no accused can be convicted for an offence of abetment to commit suicide punishable under Section 306 of "the IPC" on such evidence.
5.9 As recorded by the learned Judge, while recording the order of acquittal, when complainant along with all his relatives, including wife, had come to the matrimonial home of their deceased daughter, they visited hospital and even also attended the last rituals of deceased without any dispute or any complaint. All of a sudden, after 3 months i.e. on 07.04.2009, making such allegations, a written complaint has come to be filed, which inspires no confidence in respect of truth contained in it.
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6. Since the evidence led before the Court considered along with the material produced and proved before the Court, inspiring no confidence about the reliability of the depositions of the witnesses, when learned Judge has also given benefit of doubt to the accused, it cannot be interfered with even on reappreciation of the same, being satisfied, about the reliability of the depositions, I see no reason to interfere with the judgment and order passed by the learned Judge.
7. Even if two views are possible, the view, which is favorable to the accused is to be accepted in an acquittal appeal, here, no other view, other than the view taken by the learned Judge, is possible even on reappreciation of evidence by this Court, no interference is called for in this appeal.
Hence, this appeal is dismissed.
Record and Proceedings be sent back to the trial Court forthwith.
Sd/-
(UMESH A. TRIVEDI, J.) Raj Page 22 of 22 Uploaded by Raj Subhash Dhobi(HC01779) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:08:07 IST 2025