Gujarat High Court
State Of Gujarat vs Omkarbhai Ratanbhai Patel on 29 April, 2026
NEUTRAL CITATION
R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026
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Reserved On : 07/04/2026
Pronounced On : 29/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 934 of 2014
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
OMKARBHAI RATANBHAI PATEL & ORS.
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Appearance:
MR TIRTHRAJ PANDYA, APP for the Appellant(s) No. 1
MR CHETAN K PANDYA(1973) for the Opponent(s)/Respondent(s) No.
1,2,3,4
RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
CAV JUDGMENT
1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 28.02.2014, passed by the learned Sessions Judge, Tapi at Vyara, in Sessions Case No.11 of 2013, for the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, the appellant - State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, "the Code"). Page 1 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026
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2. The prosecution case as unfolded during the trial before the Sessions Court, in a nutshell, is that on 20.09.2001 at about 14:00 hours, the respondents have physically beaten the deceased - Ranjnaben; and that as it was unbearable, the deceased - Ranjnaben had poured kerosene at about 15:00 hours on the same day by herself in a bathroom and set herself ablaze; and that as the deceased received burn injuries on her whole body, she succumbed to the injuries. Therefore, a complaint is lodged by the complainant alleging that during the marriage span of 15 years of the deceased, from last ten years, the in-laws i.e. the husband, the elder brother of the husband (' Jeth'), the mother-in-law and the sister-in-law ( 'Jethani') had been taunting the deceased regarding dowry, mentally and physically abused her by finding faults of the deceased and therefore, the deceased had taken this step.
3. After investigation, sufficient prima facie evidence 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.11 of 2013. The charge was framed against the accused person/s. The accused Page 2 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined pleaded not guilty and came to be tried.
4.1 In order to bring home the charge, the prosecution has examined 6 witnesses before the trial Court, which are described in the impugned judgment, which are as under :
Sr. Particulars Exh.
No. No.
1. Fakirabhai Shankarbhai Patel - Witness 17
2. Jitendrabhai Bansilal Gamit - Witness 23
3. Bansilal Laxmanbhai Gamit - Witness 24
4. Dr. Ajitbhai Raghunath Patil - Witness 25
5. Navinchandra Valjibhai Chauhan - Witness 30
6. Kantibhai Karsanbhai Parmar - Police Witness 37
4.2 The prosecution has produced 16 documentary
evidence before the trial Court, which are described in the impugned judgment, which are as under :
Sr. Particulars Exh.
No. No.
1. Panchanama of Scene of Offence 18
2. Inquest Panchanama by Dhuliya City Police 19
Station
3. Yadi of Dhuliya City Police Station 26
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4. P.M. Note 27
5. Yadi for taking D.D. 31
6. Certificate regarding D.D. 32
7. Complaint of the victim 38
8. List 39
9. Certificate of the Nizar C.H.C. 40
10. Certificate of the Nizar C.H.C. 41
11. Abstract of Nizar Police Station Diary 42
12. Yadi for taking D.D. 43
13. Copy of the certificate of Nizar C.H.C. 44
14. Copy of the FIR of the Nizar Police Station 45
15. Letter of the FSL 46
16. Report of the FSL 47
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 4 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 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 prosecution has mainly relied on the dying declaration, which is produced vide Exh.33 and the complaint, which was registered and produced vide Exh.38. If the complaint/statement given by the deceased (Exh.38) is taken into consideration, it is the case of the prosecution that the deceased was married with accused No.1 - Omkarbhai Ratanbhai Patel; accused No.2 was the brother-in-law (' Jeth') of the deceased; accused No.3 was the mother-in-law of the deceased and accused No.4 was the sister-in-law (' Jethani') of the deceased. The marriage span of the deceased with accused No.1 was 15-16 years; and that from the said marriage, they had a son and a daughter. The alleged incident had taken place on 20.09.2001.
In the complaint/statement (Exh.38), the deceased had stated that in the initial period of the marriage, there were cordial relationship, but, thereafter there was mental and physical harassment from the in-laws without any fault of the deceased. In the afternoon of the date of the incident at about 2:00 p.m., all the accused had abused the deceased Page 6 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined and assaulted her with a stick. Thereafter, because of the said harassment, she poured kerosene on herself in bathroom and burned herself.
Accused No.1 and others rushed to the spot and poured water on her, they took her to the hospital at Village : Nizar. In the said complaint, there were allegations made against the accused of mentally harassing the deceased. 8.2 After the deceased was admitted to Nizar hospital, a yadi was sent by the Superintendent, C.H.C., Nizar, District : Surat, which is produced vide Exh.32. The said yadi was sent to the Mamlatdar, Nizar, for making arrangement to take dying declaration. The said yadi (Exh.32) also certifies that the deceased is fully conscious and is in a position to give dying declaration. The same has also been signed by the Superintendent, C.H.C., Nizar. The said Doctor/Superintendent, who had certified that the deceased was conscious and was in a position to give dying declaration, has not been examined by the prosecution to prove the fitness of the deceased to give dying declaration. The same is signed by the Superintendent and is dated 20.09.2001 at 4:00 p.m. The dying declaration is produced vide Exh.33, wherein the deceased had made allegation against the accused of mental and physical harassment. The said dying Page 7 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined declaration started at 4:00 p.m., on 20.09.2001 and ended at 04:20 p.m. The said dying declaration is also certified by the doctor that the person, who had given the dying declaration, was conscious and the said dying declaration has been taken in the presence of the Medical Officer and he had taken the thumb impression of the person giving the dying declaration. The said doctor has also not been examined by the prosecution. The fact remains that the initial treatment of the deceased was done at Village : Nizar, District : Surat and thereafter, as per the advice of the doctor at Nizar, the patient (the deceased) was referred to the hospital at Dhule, Maharashtra. The prosecution has failed to examine any of the doctors, who have initially treated the deceased at Nizar. 8.3 Moreover, it also transpires from the record that when the deceased was referred to the hospital at Dhule, Maharashtra, she was treated by the doctor on 20.09.2001 from 7:35 p.m. till she died at 8:55 p.m. on 20.09.2001. The doctors, who had treated the deceased at Nizar (Surat) and/or Dhule (Maharashtra), have not been examined by the prosecution to prove the fitness of the deceased at the time of giving the dying declaration and/or the treatment that was given to the deceased at the hospital at Nizar and/or at Dhule. Therefore, the prosecution has failed to prove the mental fitness of the deceased by examining the doctors. Page 8 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026
NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined 8.4 The learned Sessions Court has also taken into consideration that there was a dying declaration which was also taken by the Executive Magistrate at Dhule, Maharashtra, as the same can be ascertained from the application given by the prosecution to issue summons to the Executive Magistrate at Dhule, Maharashtra to bring the dying declaration along with him. The said application is on record at Exh.48, which was granted by the Sessions Court. But, thereafter, there is nothing on the record to show as to what has been stated in the said dying declaration before the said Executive Magistrate at Dhule, Maharashtra.
Moreover, if a closing purshish of the prosecution, which is produced before the Sessions Court vide Exh.50 is taken into consideration, it transpires that the Public Prosecutor had sought for summoning the doctor at the hospital at Dhule and also the doctor at C.H.C., Nizar, however, the Public Prosecutor has not taken appropriate steps thereafter to see that the said witnesses are examined in the present case.
The fact remains that the first dying declaration has been recorded by the Executive Magistrate, Nizar, District : Surat on the day of incident i.e. on 20.09.2001. The prosecution has produced the said dying declaration vide Exh.27. On the very same day, where the deceased was Page 9 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined referred to the hospital for further treatment at Dhule (Maharashtra), the second dying declaration has been recorded by the Executive Magistrate, Dhule (Maharashtra), where the deceased had expired during the treatment on the same day i.e. on 20.09.2001, at 8:55 p.m. Therefore, it can be presumed that the second dying declaration has also taken place on 20.09.2001, but, the prosecution has failed to produce the same.
Moreover, though the Superintendent at Nizar has made an endorsement that the patient is conscious and is in a position to give the dying declaration, but the said doctor, who had opined the same about fitness of the deceased, has not been examined by the prosecution in support of its case. 8.5 It would be fruitful to refer to the decision of the Hon'ble Apex Court in the case of Sampat Babso Kale and Another versus State of Maharashtra reported in (2019) 4 SCC 739, more particularly para : 15 thereof, which reads as under :
"15. No doubt, a dying declaration is an extremely important piece of evidence and where the Court is satisfied that the dying declaration is truthful, voluntary and not a result of any extraneous influence, the Court Page 10 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined can convict the accused only on the basis of a dying declaration. We need not refer to the entire law but it would be apposite to refer to the judgment of this Court in the case of Sham Shankar Kankaria v. State of Maharashtra, (2006) 13 SCC 165 held as follows :
"11. Though a dying declaration is entitled to great weight, it is worthwhile to note that the accused has no power of cross-
examination. Such a power is
essential for eliciting the truth as
an obligation of oath could be.
This is the reason the court also
insists that the dying declaration
should be of such a nature as to
inspire full confidence of the court
in its correctness. The court has
to be on guard that the statement
of deceased was not as a result
of either tutoring or prompting or
a product of imagination. The
court must be further satisfied
that the deceased was in a fit
state of mind after a clear
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opportunity to observe and
identify the assailant. Once the
court is satisfied that the
declaration was true and
voluntary, undoubtedly, it can
base its conviction without any
further corroboration. It cannot be
laid down as an absolute rule of
law that the dying declaration
cannot form the sole basis of
conviction unless it is
corroborated. The rule requiring
corroboration is merely a rule of
prudence....." "
8.6 Therefore, though the dying declaration is entitled
to great weightage, but the fact remains that the prosecution has failed to prove that the deceased was fit to give dying declaration. In view of the fact that even in the deposition of the said Executive Magistrate, he has relied on the opinion given by the Medical Officer, which is produced vide Exh.32. Therefore, though the entire case of the prosecution revolves on the dying declaration, but the prosecution has failed to prove that the deceased was mentally fit to give the dying declaration.
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NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined 8.7 The prosecution has examined Fakirabhai Patel as P.W.1, vide Exh.17, who was the neighbour and who was present at his house when he came to know that the deceased had burnt herself. He, in his deposition, states that the deceased was first taken to Nizar hospital and thereafter, for further treatment, she was referred to the hospital at Dhule (Maharashtra). He is not aware as to how the deceased was kept at her Nizar home. He is also not aware that the deceased was harassed at her matrimonial home. 8.8 The brother of the deceased viz., Jitendrabhai Bansilal Gamit has been examined as P.W.2, vide Exh.23. He has turned hostile and has not supported the case of the prosecution. He has stated that there were cordial relation between the deceased and accused; and that the deceased had informed the complainant about the ill-treatment given by the accused on the deceased; and that he is not aware as to what was the reason for the deceased to commit the suicide. He has denied the fact that the deceased had committed suicide because of the harassment of the accused. 8.9 The father of the deceased viz., Bansilal Laxmanbhai Patel, who has been examined as P.W.3, vide Exh.24, has also turned hostile and has not supported the case of the prosecution. He has also stated that there were Page 13 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined cordial relation between the deceased and the accused; and that he is not aware as to what was the reason for the deceased to commit the suicide.
8.10 The prosecution has examined Dr.Ajitbhai Raghunath Patil as P.W.4, vide Exh.25, who was on duty as a Medical Officer and Forensic Medicines and Toxicologist at the Medical College and Government Hospital, Dhulia (Maharashtra). He had conducted the postmortem of the deceased on 21.09.2001 at about 10:15 hours. The said postmortem report is produced vide Exh.27. It states that the deceased has expired due to 'shock following thermal burns'. The prosecution has also produced the FSL report vide Exh.47.
8.11 The Executive Magistrate viz., Navinchandra Valjibhai Chauhan has been examined as P.W.5, vide Exh.30, who had taken the dying declaration. He had relied on the Medical Officer's opinion that the deceased was fit to give dying declaration.
Further, in his cross-examination, the said witness has stated that the deceased had named her sister-in-law ('Jethani') for the torture, but, thereafter he admits that in the dying declaration, the deceased has not mentioned the name of the sister-in-law ('Jethani'). Page 14 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026
NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined 8.12 The P.S.I., Nizar viz., Kantibhai Karshanbhai Parmar has been examined as P.W.6, vide Exh.37. The complaint, produced vide Exh.38, has been taken in his presence. The Station Diary Entry No.13 is produced vide Exh.32. The Sessions Court has taken into consideration the fact that the prosecution has failed to prove that the accused are guilty of the offences as alleged.
8.13 Further, the family members of the deceased have categorically stated that there was no harassment by the accused to the deceased; and that the deceased has not committed suicide because of the alleged harassment by the accused. Moreover, the Sessions Court has rightly held that in view of the fact that the dying declaration states that the deceased had committed suicide because of the harassment of the deceased, but the prosecution has failed to prove that the deceased was fit to give the said statement. Further, the prosecution has also not been able to prove that the deceased was in a fit state of mind while giving the dying declaration in absence of the deposition of the medical officers, who have endorsed in the yadi (Exh.31) and in the dying declaration (Exh.27). The said medical officers have not been examined to know the state of mind and the treatment that was given to the deceased at the time when she had given the dying Page 15 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined declaration. Though it is not a matter of rule that the said doctors, who had opined that the deceased was conscious and in a fit state of mind while giving the dying declarations, are required to be examined, but the fact remains that there is no independent opinion of the Executive Magistrate that the deceased was in a fit state of mind to give the dying declaration and the Executive Magistrate has only relied on the opinion given by the Medical Officer at Nizar and the said Medical Officer having not been examined, the prosecution has failed to prove the offence against the accused.
8.14 Moreover, it also transpires that there were two dying declarations; one which has been recorded at Nizar and second at Dhule, but the prosecution having not placed on record the dying declaration recorded at Dhule, Maharashtra, the Sessions Court has rightly acquitted the accused, in view of the fact that the prosecution has not been able to prove that in the dying declaration which has been the last in point of time, the deceased had made accusation against the accused of the offence. Neither the Executive Magistrate at Dhule nor the treating doctor at Dhule where the deceased was admitted and was treated has been examined by the prosecution in support of its case.
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NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined 8.15 In view of the entire evidence and the contradictions and discrepancies found therein, the learned Sessions Court had acquitted the accused, which in the opinion of this Court, is not required to be interfered with. 9.1 The evidence on record and the glaring omission on the prosecution as pointed out above leaves no room of doubt that the order passed by the trial Court is as per law. 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. In the present case, the prosecution has also not been able to prove the clear motive of the accused to commit offence of abatement. There is also no close connection between the accused's action and the deceased's choice to commit suicide. In view of the said fact, the prosecution has not been able to prove that the accused have stimulated the deceased to commit suicide.
9.2 The prosecution has not proved that there was a clear motive to commit the offence of abatement. The prosecution has also not proved that the accused proceeded to encourage and/or irritate the deceased through words or Page 17 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined insults and that the accused intended to urge the deceased to end it all by committing suicide. The prosecution has also not been able to prove the direct connection between the incitement and committal of suicide. The prosecution has also not been able to prove direct or indirect act of incitement to the commitment of suicide. The prosecution has also not been able to prove by accusation of harassment without any positive action on the part of the accused close to the time of occurrence that led and forced the deceased to commit suicide.
9.3 The present matter turns on whether the conduct attributed to the accused satisfies the legal threshold of abetment of suicide. Therefore, read as a whole, it can be said that mere occurrence of a suicide does not automatically trigger rigours of the Section. The penal consequences under Section 306 of the Indian Penal Code arise when the prosecution is able to establish that the accused abetted and had a role in provoking or facilitating that suicide. Therefore, this twin test distinction is required to be borne in mind. 9.4 Abetment, as understood in criminal jurisprudence, is not a broad moral expression but a term of precise statutory meaning. Section 107 IPC delineates its contours:
instigation, conspiracy, or intentional aiding. Each of these Page 18 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined modes presupposes active involvement. The law does not punish omission except in some cases, it punishes intentional encouragement or positive facilitation of a prohibited act.
9.5 It is therefore not sufficient to show that the deceased was unhappy, distressed, or subjected to unpleasant treatment. The jurisprudence developed by the Hon'ble Supreme Court has consistently underscored that routine domestic disagreements, suspicion between spouses, or episodes of harassment do not ipso facto amount to instigation. Rigours of this Section intervene only where there is clear evidence of mens rea and a direct causal link between the accused's conduct and the decision of the deceased to commit suicide.
9.6 The concept of instigation demands something more than mere reproach or accusation. It connotes an active suggestion, an incitement, or conduct of such intensity that it operates upon the mind of the victim and pushes him or her toward this drastic and unfortunate step. The prosecution therefore, must demonstrate either a deliberate intention to drive the deceased to suicide or knowledge that the conduct in question was likely to produce that consequence. Equally indispensable is the requirement of proximity. The law insists on a live and immediate nexus between the acts complained Page 19 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined of and the suicide. A remote or generalized allegation is insufficient. There must be evidence showing that the accused engaged in conduct so closely connected in time and effect with the suicide that it can reasonably be said to have triggered the fatal act.
9.7 No material has been brought on record demonstrating any proximate act immediately preceding the suicide which could be construed as instigation. Nor is there evidence of a positive act amounting to intentional aid. The essential ingredients of abetment -namely, culpable mental state coupled with active or proximate conduct-are not established.
9.8 On an overall assessment of the evidence, the prosecution has failed to demonstrate the existence of the foundational elements necessary to sustain a conviction under Section 306 IPC.
10. 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 Page 20 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined "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 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.
10.1 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.
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NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined 10.2 In the case of Amalendu Pal alias Jhantu versus 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. 10.3 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. 10.4 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 Page 22 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined alternative but to take the drastic step of committing suicide.
11. Further, learned APP is not in a position to show 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.
12. 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.
13. 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 Page 23 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined 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 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."
14. 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.
15. 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 Page 24 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined from order of acquittal to reassess the evidence and reach its own conclusions 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."
16. 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 Page 25 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined Madhya Pradesh reported in (2011) 6 SCC 394, while dealing with the judgment of acquittal, unless reasoning by the trial 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.
17. 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 Page 26 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined 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 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 Page 27 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026 NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined 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."
18. The Hon'ble Apex Court, in a recent decision, in the case of Constable 907 Surendra Singh and Another V/s State of Uttarakhand reported in (2025) 5 SCC 433, has held in paragraph 24 as under:
"24. It could thus be seen that it is a settled legal position that the interference with the finding of acquittal recorded by the learned trial Judge would be warranted by the High Court only if the judgment of acquittal suffers from patent perversity; that the same is based on a misreading/omission to consider material evidence on record; and that no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record."Page 28 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026
NEUTRAL CITATION R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026 undefined
19. 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.
20. 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.
21. In view of the above and for the reasons stated above, the present Criminal Appeal fails and the same deserves to be dismissed and is dismissed, accordingly. Record & Proceedings be remitted to the concerned trial Court forthwith.
(SANJEEV J.THAKER,J) SRILATHA Page 29 of 29 Uploaded by U. SRILATHA(HC00185) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:27:20 IST 2026