Gujarat High Court
State Of Gujarat vs Ravibhai Sundarlal Kahar on 4 May, 2026
NEUTRAL CITATION
R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026
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Reserved On : 09/04/2026
Pronounced On : 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 366 of 2012
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STATE OF GUJARAT
Versus
RAVIBHAI SUNDARLAL KAHAR & ANR.
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Appearance:
PUBLIC PROSECUTOR for the Appellant(s) No. 1
MR ABHIRAJ R TRIVEDI(5576) for the Opponent(s)/Respondent(s) No. 1,2
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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 28.12.2011, passed by the learned 9 th Additional Sessions Judge, Vadodara, in Sessions Case No.76/2011, for the offences punishable under Sections 498(A), 306, 504, 114 of the IPC, the appellant - State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").
2. The prosecution case as unfolded during the trial before the trial Court is that the complainant got married to Accused No.1 on 22.02.2002, and out of the said wedlock, two daughters and one son were born. It is alleged that Accused Page 1 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined No.1, along with Accused No.2 (mother-in-law), subjected the deceased to continuous physical and mental harassment on trivial domestic issues. The deceased was allegedly taunted and ill-treated, and at one point, the mother-in-law even stated that even if the deceased poured kerosene on herself, they would not be concerned. Due to such persistent harassment, the deceased, being unable to bear the same, committed suicide by pouring kerosene on herself and setting herself ablaze. Therefore, the complaint was filed against the respondent/s-accused.
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.76/2011. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.
4. In order to bring home the charge, the prosecution has examined 15 witnesses and 20 documentary evidences Page 2 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined before the trial Court, which are described in the impugned judgment are as under;
Evidences P.W . Exhibit Name Documentary Evidence No. Panch: Dilipbhai Bhikhabhai Exh-14: Inquest 1 13 Parmar (Inquest Panchnama Panchnama witness) Panch: Manoj Hariprasad 2 15 Kahar (Inquest Panchnama --
witness No. 2) Panch: Dhaval Devendrabhai Exh-17: Panchnama of 3 16 Patel (Panchnama of the scene of the scene of occurrence occurrence) - Hostile Witness Panch: Hardikbhai Hemantbhai Patel (Panchnama 4 18 --
of the scene of occurrence No. 2) -
Fully Hostile Witness Witness: Riteshbhai Ganpatbhai Patel (Independent witness, neighbor of deceased.
5 19 Tried to save deceased --
immediately after the incident.
Does not provide significant evidence.) Witness: Sanjaybhai Kanubhai Kahar (Brother of deceased.
6 20 Heard about harassment from --
relatives, no personal knowledge of important facts.) 7 21 Witness: Kalubhai @ Kaka Prasad Bhagwandas Kahar
--
(Father of deceased. gave oral evidence regarding harassment.) Page 3 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined P.W . Exhibit Name Documentary Evidence No. Witness: Ashokbhai Bhagwandas Kahar (Uncle of 8 22 -
deceased. Heard about
harassment from others.)
Exh-24: Post-Mortem
Dr. Ashok Krishnalal Mahajan Report
9 23 (Conducted post-mortem of the
body, SSG Hospital, Vadodara)
Exh-25: Police Yadi
Witness: Kashiben Kalubhai
Kahar (Mother of deceased.
10 26 Details harassment. Deceased --
gave details of the incident to her
in person.)
Dr. Deepak Chimanbhai
Exh-28: Medical
Parekh (Medico-Legal Officer,
11 27 certificate regarding burn
Global Hospital, Vadodara. First
injuries
doctor to treat the deceased.)
Witness: Bhavanaben
Dineshkkumar Upadhyay
12 28 (Independent witness, neighbor. --
Does not provide specific details
about the incident.)
Exh-33: Dying
Executive Magistrate Shri
13 32 Declaration (D.D.) of the
Bijalbhai Jesingbhai Vasava
deceased
14 34 Witness: Dalpatsinh Ratansinh Exh-35: Global Hospital
Chauhan, P.S.O. Gorwa P.S. Wardhi
(A.S.I. who received hospital
'wardhi' and noted it in the Station
Diary.) Exh-36: Telephone
Wardhi from Global
Hospital and list of crime
registration
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NEUTRAL CITATION
R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026
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P.W
. Exhibit Name Documentary Evidence
No.
Exh-37: Extract of
Station Diary
15 38 Investigating Officer: Exh-39: Original
Maganbhai Kalabhai Desai, Complaint
P.S.I. Gorwa P.S. (Recorded the
complaint/dying declaration in
person from the deceased.) Exh-40: Public Report of
the crime incident
Exh-41: List for taking
D.D. from Exec.
Magistrate
Exh-42: List written to
Medical Officer, Global
Hospital for opinion on
patient's condition
Exh-43: Global Hospital
treatment and death
report
Exh-44: Vehicle for FSL
officer's spot visit
Exh-45: FSL officer's
primary report of spot
visit
Exh-46: Receipt of
handing over the dead
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NEUTRAL CITATION
R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026
undefined
P.W
. Exhibit Name Documentary Evidence
No.
body
Exh-47: Report to add
Section 302
Exh-48: FSL Dispatch
letter
Exh-49: FSL Dispatch
note
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 perspective; and that the trial Court has committed error in acquitting the accused. It is submitted that the learned trial Page 6 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined 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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NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined
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 relied on the complaint which is produced vide Exhibit-39, and the dying declaration of the deceased which is produced vide Exhibit-33. The fact remains that the statement given by the deceased, which is produced vide Exhibit-39 has been taken into consideration as a complaint. It is the case of the prosecution that the deceased-
complainant Gayatriben, was married to accused No. 1, and out of the wedlock they had children. Accused No. 2, being the mother-in-law of the deceased, used to subject her to verbal abuse and speak ill about her parental family soon after the marriage. The deceased resided in a joint family after marriage. Accused No. 2 subjected her to mental harassment, and accused No. 1 supported such conduct. Accused No. 2 frequently picked quarrels with the deceased over trivial issues. Due to such harassment, the deceased once left the matrimonial home, and started residing at her Page 8 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined parental house. However, after the birth of a son, a compromise was arrived at, and she resumed cohabitation with the accused. On the day prior to the incident, a quarrel took place between the deceased and accused No. 2 regarding the studies of the deceased daughter. On the 07.12.2010 at about 7:30 p.m., being fed up with continuous physical and mental harassment by the accused, the deceased poured kerosene over herself and set herself ablaze. She succumbed to burn injuries during the course of treatment after about 15 days.
8.2. It has been stated in the said complaint, that one day prior to the date of incident, as the daughter of the complainant was preparing for her English test instead of E.S.T, there was a quarrel between the deceased and accused no. 2, and because of the said quarrel, the deceased had left the house, and thereafter the friend of the brother-in-law of the deceased Anilbhai, had intervened and called the deceased from Sahyog Chowki, and after having dinner she went to sleep, and on the next day, i.e., on 07.12.2010 at around 6:00 p.m., the incident took place, after minor daughter Surbhi was getting ready for her school, there was Page 9 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined a quarrel between the deceased and accused no. 2 for washing the clothes of the minor daughter, and at that time the accused no.1 informed the deceased not to quarrel, but at that time the deceased stated that she didn't want quarrel, and it was accused no. 2 who was quarrelling, at that time, accused no. 2 told the deceased to leave the house along with her three minor children, and at that time the accused went to the Police Station to register a complaint against the deceased, and because of the said harassment, the deceased poured kerosene upon herself and set herself ablaze, and on hearing her screams, the father-in-law of the deceased and Hiteshbhai tried to extinguish the fire by pouring water on her, and thereafter after the accused came, she was taken to Vadodara Hospital for treatment.
8.3. In the said complaint, which is produced vide Exhibit-39, the deceased had put a thumb impression in view of the fact that she was under treatment. Thereafter, a letter was given by the Investigating Officer to the doctor at Global Hospital, Vadodara, to inquire whether the deceased was conscious, and was fit to give deposition. The doctor at Global Hospital, Vadodara, had opined on 07.12.2010, at 10.40 Page 10 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined a.m., that the deceased was conscious and fit to give a statement. A yadi was sent to the Executive Magistrate which is produced vide Exhibit-41.
8.4. The prosecution has examined Dilipbhai Bhikabhai Parmar, as PW-1, vide Exhibit-13, who is the panch witness of the inquest panchnama which is produced vide Exhibit-14, the relative of the deceased i.e, the brother-in-law, who was also the panch witness of the inquest panchnama which is produced vide Exhibit-15, as PW-2, i.e Manojbhai Kahar. The oral evidence of PW-2, is available on record at Exhibit-15. In his cross-examination, he has admitted that from the day Gayatriben sustained burn injuries, she remained unconscious, and he has no knowledge as to how the incident of burning occurred. Furthermore, this witness has not stated any specific instance of harassment caused to the deceased. It has also come on record that the said witness has categorically stated that he has never gone to the matrimonial home of the deceased.
8.5. The prosecution has produced the panchnama of the scene of offence vide Exhibit-17, and the panch witnesses of the said panchnama, Dhaval Patel has been examined, as Page 11 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined PW-3 vide Exhibit-16, and Hardik Patel as PW-4 vide Exhibit-18, both have turned hostile and have not supported the case of the prosecution.
8.6. The prosecution has thereafter examined the neighbour at the matrimonial home of the deceased, Ritesh Patel, as PW-5 vide Exhibit-19, he has turned also hostile, and has not supported the case of the prosecution. In his cross-examination, he stated that he has never seen any quarrel between the deceased and the accused. In the said cross-examination, he has again contradicted his own statement by saying, that it is not true that he was not informed that there was some quarrel going on between the deceased and the accused.
8.7. The brother of the deceased, Sanjay Kahar has been examined as PW-6, vide Exhibit-20. In his cross examination, he has stated that he had never gone to the matrimonial home of the deceased. He also reveals that he had come to know from relatives that the deceased was subjected to harassment by the accused, and that frequent quarrels used to take place over trivial issues, which allegedly led to the incident. Thus, the allegations of Page 12 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined harassment stated by this witness are based on hearsay information received from others, and are not supported by any direct evidence. Moreover, this witness has not deposed that the deceased had ever personally complained to him regarding any harassment.
8.8. The father of the deceased Kalubhai Kahar has been examined vide Exhibit-21 as PW-7. In his deposition, he stated that due to his leg injury, he could not go to the hospital on the day the deceased was admitted. He has also stated that, as on date there is good relation between his son, his son's wife and the in-laws of the deceased. He has also admitted that the deceased had gone to stay separately from her family just before few days prior to the date of incident, and thereafter had come and resided in the joint family at her in-laws house. He also reveals that whenever the deceased visited her parental home, she used to state that accused No. 2 would quarrel with her regarding household work and issues relating to the children, and in that manner she was subjected to harassment. However, the witness has also admitted that he continues to maintain cordial relations with the accused and that they frequently Page 13 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined visit his house. From the oral evidence of this witness, it emerges that there used to be quarrels between the deceased and her mother-in-law over trivial issues such as household work and the education of the children. The same facts are consistently reflected in the complaint in the nature of a dying declaration at Exhibit-39 as well as in the dying declaration recorded before the Executive Magistrate at Exhibit-33.
8.9. The uncle of the deceased Ashok Kahar has been examined as PW-8, vide Exhibit-22, however, nothing much transpires from his evidence. He has stated that he had hardly visited the matrimonial home of the deceased, and as and whenever the deceased used to come to his house she used to inform about the happy and sad moments that took place at her matrimonial home.
8.10. The Medical Officer, Dr. Ashok Krishnalal Mahajan at Sayaji Hospital, who had conducted the post- mortem, has been examined as PW-9 vide Exhibit-23. The post-mortem report is produced vide Exhibit-24, and the letter by the police for conducting the post-mortem has been produced vide Exhibit-25. As per the post-mortem report, the Page 14 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined cause of death is septicemia and its complications following burns and its effects. As per the oral evidence of PW-9, Dr. Ashok Mahajan, the deceased had sustained burn injuries on her body, and the cause of death was opined to be due to such burn injuries followed by septicemia in the blood. The said witness has supported the contents of the post-mortem report at Exhibit-24. Thus, the death of the deceased was unnatural in nature, and is established to be a case of suicidal death.
8.11. The mother of the deceased Kashiben Kahar has been examined as PW-10, vide Exhibit-26. She has stated that frequent quarrels used to take place between the deceased and the accused No. 2, and that proceedings were also initiated before the Mahila Mandal as well as a criminal court. However, the witness has not provided any specific details regarding such allegations and has merely stated general domestic discord. She further deposed that when she visited the hospital, her daughter was wrapped with bandages and was on oxygen support. Upon being asked as to why she had taken such a step, the deceased allegedly stated that her mother-in-law used to abuse and harass her, and that she Page 15 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined was fed up with such treatment. It is also stated that the deceased was taunted for having daughters. However, this testimony appears to be self-contradictory and unreliable, as the deceased was on oxygen support at the relevant time. Moreover, it is an admitted position that the deceased had a three-year-old son, which contradicts the allegation that she was harassed for having only daughters. Thus, the evidence of this witness suffers from material improvements and lacks consistency.
8.12. The treating doctor at Global Hospital Vadodara, who had treated the deceased has been examined as PW-11, Dr. Deepak Chimanbhai Parekh vide Exhibit-27. The letter from his deposition transpires that the endorsement on the yadis sent by the police to the Executive Magistrate for taking dying declaration, that the deceased was conscious, and fit to give statement was given by Dr. Amiben, and not by the said treating doctor. The prosecution has not examined Dr. Amiben, and a letter written by Global Hospital, Vadodara, that said Dr. Amiben is not traceable is produced vide Exhibit-31, wherein, it has been stated that Dr. Amiben is not available in the hospital, and that they do Page 16 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined not know about her whereabouts.
8.13. The prosecution has examined the neighbour of the deceased at her matrimonial home, Bhavanaben Upadhyay vide Exhibit-29, as PW-12. She has turned hostile and denied her statement before the police.
8.14. The prosecution has thereafter examined the Executive Magistrate, who has recorded the dying declaration Bijalbhai Vasava as PW-13 vide Exhibit-32, that clearly indicates that on 07.12.2010 at about 4:00 p.m., he recorded the dying declaration of Gayatriben, which is available on record at Exhibit-33. In his deposition he has relied on the Medical Officer's endorsement that the patient i.e, the deceased was conscious and fit to give statement. 8.15. The prosecution has thereafter examined Dalpat Chauhan as PW-14, vide Exhibit-34, who was the P.S.I., who had received the information and the station diary which is produced vide Exhibit-37.
8.16. The prosecution has thereafter examined Investigating Officer as PW-15 vide Exhibit-38, the deceased Gayatriben had herself lodged a complaint before him at Page 17 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined Global Hospital, Vadodara. Subsequently, Gayatriben succumbed to her injuries.
8.17. As the complaint was taken on 07.12.2010, initially, the complaint was under Section 498A, read with Section 114 of the Indian Penal Code. Thereafter, on 22.12.2010, when the deceased expired, the additional Section 306 of the said offence was added.
8.18. Upon considering the dying declarations available on record, particularly the complaint in the nature of a dying declaration at Exhibit-39, the deceased has clearly stated that within the 15 days of the marriage, accused no. 2 used to hurl filthy abuses, and used derogatory language towards her. As the marital alliance of her brother-in-law did not materialize, accused No. 2 subjected the deceased to mental harassment. Frequent quarrels used to take place over trivial issues. On the day of the incident, a dispute arose between the deceased and accused No. 2 regarding preparation for her daughter's examination, wherein instead of E.S.T., she was made to prepare for English, leading to a quarrel in which her husband also supported accused No. 2. Being fed up with Page 18 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined continuous physical and mental harassment by the accused, the deceased committed suicide. Thus, in the first dying declaration, such allegations have been levelled against the accused.
8.19. In the second dying declaration at Exhibit-33, the deceased has narrated facts which materially differ from those stated in the first dying declaration. In this declaration, the deceased has stated that her mother-in-law (accused No.
2) used to abuse and harass her, demand a house, quarrel with her, and threaten to drive her out of the matrimonial home as well as to give her divorce. It is further stated that accused No. 2 questioned her for approaching the police station and, during the quarrel, threatened to throw her out of the house and even told her that she may pour kerosene and set herself ablaze if she wished. It is alleged that, being instigated by such words of her mother-in-law, the deceased poured kerosene on herself and set herself on fire. 8.20. Considering the entire case on record, it is evident that there are no allegations about any demand of dowry or harassment on account of the same, the main quarrel is over trivial domestic disputes like not cleaning the Page 19 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined clothes, seeking divorce, and why the deceased filed the police complaint. Though, in the complaint it has not been stated, but in the dying declaration it has been stated that the mother-in-law has also stated that even if she pours kerosene on herself they will see. Therefore, the allegations are with respect to the day to day domestic work between the deceased and the mother-in-law. The fact also remains that there are allegations that the husband also used to physically harass the deceased on couple of occasions and used to support the accused no.2 i.e., her mother. Therefore, on considering the evidence it reveals that there was domestic quarrel over trivial matters regarding domestic work. In this background, if the provisions for the offence under Section 306 are to be considered, it is clear that the basic ingredients regarding the intentional instigation are required to be proved and established. Therefore, even if the facts stated in Exhibit-39, i.e., the complainant and the dying declaration produced vide Exhibit-33 are taken into consideration, the said allegations are without any reference to any particular incidence.
8.21. The word suicide has not been defined, and the Page 20 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined word suicide means the intentional killing of one self. As per "Concise Oxford Dictionary, 9th Edition, p.686."
"A finding of suicide must be on evidence of intention. Every act of self destruction is, in common language described by the word 'suicide' provided it is an intentional act of a party knowing the probable consequence of what he is about. Suicide is never to be presumed. Intention is the essential legal ingredient."
Therefore, while considering this aspect, the provisions of Section 306 read with Section 107 regarding the abetment and the suicide has to be considered. There has to be evidence, by which it could be said that the respondent accused had instigated the deceased in such a manner or by creating the circumstances, which has led the deceased to commit suicide. The Hon'ble Apex Court in a judgment reported in (2010) 1 SCC 750 - Gangula Mohan Reddy v. State of Andhra Pradesh has observed:
"The word 'suicide' in itself is nowhere defined in Indian Penal Code, however its meaning and import is well known and requires no explanation. 'Sui' means 'self' 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 Page 21 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined killing himself. The provision of abetment is defined in Section 107 of the Indian Penal Code. The ingredients are required to be established. The Hon'ble Apex Court in this judgment has observed that 'This Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) 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."
8.22. Moreover, the Apex Court in the case of Abhinav Mohan Delkar vs The State Of Maharashtra and Others reported in 2025, Live Law (SC) 812, after relying on the various judgments of the Apex Court as held at "Para 22, 23, 24" which are as under;
"22. What comes out essentially from the various decisions herein before cited is that, even if there is allegation of constant harassment, continued Page 22 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined over a long period; to bring in the ingredients of Section 306 read with Section 107, still there has to be a proximate prior act to clearly find that the suicide was the direct consequence of such continuous harassment, the last proximate incident having finally driven the subject to the extreme act of taking one's life. Figuratively, 'the straw that broke the camel's back'; that final event, in a series, that occasioned a larger, sudden impact resulting in the unpredictable act of suicide. What drove the victim to that extreme act, often depends on individual predilections; but whether it is goaded, definitively and demonstrably, by a particular act of another, is the test to find mens rea. Merely because the victim was continuously harassed and at one point, he or she succumbed Criminal Appeal Nos. 2177-85 of 2024 to the extreme act of taking his life cannot by itself result in finding a positive instigation constituting abetment. Mens rea cannot be gleaned merely by what goes on in the mind of the victim.
23. The victim may have felt that there was no alternative or option, but to take his life, because of what another person did or said; which cannot lead to a finding of mens rea and resultant abetment on that other person. What constitutes mens rea is the intention and purpose of the alleged perpetrator as discernible from the Page 23 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined conscious acts or words and the attendant circumstances, which in all probability could lead to such an end. The real intention of the accused and whether he intended by his action to at least possibly drive the victim to suicide, is the sure test. Did the thought of goading the victim to suicide occur in the mind of the accused or whether it can be inferred from the facts and circumstances arising in the case, as the true test of mens rea would depend on the facts of each case. The social status, the community setting, the relationship between the parties and other myriad factors would distinguish one case from another. However harsh or severe the harassment, unless Criminal Appeal Nos. 2177-85 of 2024 there is a conscious deliberate intention, mens rea, to drive another person to suicidal death, there cannot be a finding of abetment under Section 306.
24. We have already seen that even a rebuke to "go, kill yourself"; often a rustic expression against distasteful conduct, cannot by itself be found to have the ingredients to charge an offence of abetment to suicide. There is no uniformity in how different individuals respond and react under pressure. Many stand up, some fight back, a few runaway and certain people crumble and at times take the extreme step of suicide. To put the blame on the pressure Page 24 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined imposed and the person responsible for it, at all times, without something more to clearly discern an intention, would not be the proper application of the penal provisions under Section 306."
8.23. Therefore, considering the facts of the present case, and the fact that even from the dying declaration produced vide Exhibit-39 before the police, and Exhibit-33 dying declaration before the Executive Magistrate. There are certain contradiction, wherein the fact that, in the first complaint produced vide Exhibit-39, the deceased had not stated that the mother-in-law had informed her to go and kill herself, but the said fact is stated in the dying declaration. Moreover, the Sessions Court has also taken into consideration that, even from the deposition of the family members of the deceased, i.e., the father of the deceased who has been examined as PW-7 vide Exhibit-21, the uncle of the deceased was been examined as PW-8 vide Exhibit 22, the mother of the deceased who has been examined as PW-10 vide Exhibit 26, and the brother of the deceased who has been examined as PW-6 vide Exhibit-20. The prosecution has failed to prove that the accused had provoked, encouraged and intentionally held the deceased to do something. The Page 25 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined prosecution has not been able to prove that there is a clear and active role of the accused in instigating or assisting the deceased to commit suicide. From the facts stated by the prosecution, there is no direct or immediate act closely connected to the suicide, showing that the death was result of such harassment.
8.24. If the facts of the present case are taken into consideration, i.e., dispute was with respect to washing the clothes of the minor daughter Surbhi and therefore, there is no vital incident which pushed the deceased to take the extreme step of ending her life. The fact remains that mere proof of harassment, and the fact that the deceased later committed suicide is not sufficient to establish abetment. The intention of the accused cannot be assumed only from the mental condition of the deceased. A victim may feel that there is no option except to commit suicide because of the behaviour of another person. But the said feeling alone does not prove that the other person had the required intention to abet the act, as the same depends on the intention and purpose of the accused, which must be gathered from their actions, words and surrounding circumstances that could Page 26 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined likely lead to such a result. In the present case, the prosecution has not been able to prove that the accused had a clear and deliberate intention to drive the victim to commit suicide and therefore, the offence of abetment under Section 306 could not be established by the prosecution.
9. 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.
9.1. The prosecution has not proved that there was a Page 27 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined 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 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.
9.2. 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, Page 28 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined this twin test distinction is required to be borne in mind. 9.3. 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 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.
9.4. Abetment means a mental process where a person provokes, encourages or intentionally helps another person to do something. Therefore, unless there is a clear and active role of the accused in instigating or assisting the deceased to commit suicide, the offence cannot be proved and conviction cannot be sustained.
9.5 It becomes clear that even if there are allegations of continuous harassment over a long time, that alone is not enough to prove an offence under Section 306 read with Section 107. There must be a direct and immediate act closely connected to the suicide, showing that the death was the result of such harassment. There should be some final Page 29 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined incident which pushed the person to take the extreme step of ending their life. It is true that different individuals react differently depending on their nature but the important question is whether the accused, by a specific act, clearly provoked or pushed the victim towards suicide. Mere proof of harassment and the fact that the victim later committed suicide is not sufficient to establish abetment. The intention (mens rea) of the accused cannot be assumed only from the mental condition of the victim.
9.6 A victim may feel that there is no other option except to commit suicide because of the behaviour of another person, but this feeling alone does not prove that the other person had the required intention (mens rea) to abet the act.
Mens rea depends on the intention and purpose of the accused, which must be gathered from their actions, words, and surrounding circumstances that could likely lead to such a result. The key question is whether the accused intended, or could reasonably be said to have intended, to push the victim towards suicide. This has to be decided based on the facts of each case. Factors like the social background, relationship between the parties, and surrounding Page 30 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined circumstances may differ from case to case. Even if the harassment is serious, unless it is shown that the accused had a clear and deliberate intention to drive the victim to commit suicide, the offence of abetment under Section 306 cannot be established.
[ 9.7. 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.
9.8. 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 Page 31 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined 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 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.
9.9. 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.
10. 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.
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11. In the case of Mahendra K.C. v. State of Karnataka and another, [(2022) 2 SCC 129], it has been held by the Hon'ble Supreme Court that the essence of abetment lies in instigating a person to do a thing or the intentional doing of that thing by an act or illegal omission. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it 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.
11.1. 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 Page 33 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined 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.
11.2. 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. 11.3. In the case of Rajesh v. State of Haryana, (2020) 15 SCC 359, after considering the provisions of Sections 306 Page 34 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined 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. 11.4. 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 alternative but to take the drastic step of committing suicide.
12. 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.
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13. 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.
14. It is also a settled legal position that in acquittal appeal, the appellate court is not required to re-write the judgment or to give fresh reasoning, when the reasons assigned by the Court below are found to be just and proper. Such principle is down by the Apex Court in the case of State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC 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 Page 36 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined 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."
15. 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.
16. In the case of Ram Kumar v. State of Haryana, reported in AIR 1995 SC 280, Supreme Court has held as under:
"The powers of the High Court in an appeal from order of acquittal to reassess the evidence and reach its own conclusions 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 Page 37 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined 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."
17. As observed by the Hon'ble Supreme Court in the case of Rajesh Singh & Others vs. State of Uttar Pradesh reported in (2011) 11 SCC 444 and in the case of Bhaiyamiyan Alias Jardar Khan and Another vs. State of Madhya Pradesh reported in (2011) 6 SCC 394, while dealing with the judgment of acquittal, unless reasoning by the trial 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 Page 38 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined belief that if it had been the trial Court, it might have taken a different view.
18. In the case of Chandrappa v. State of Karnataka, reported in (2007) 4 SCC 415, the Hon'ble Apex Court has observed as under:
"42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge:
(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
(2) The Criminal Procedure Code, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach 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", Page 39 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026 NEUTRAL CITATION R/CR.A/366/2012 CAV JUDGMENT DATED: 04/05/2026 undefined "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion.
(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law.
Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by 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."
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19. 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."
20. 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. Page 41 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026
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21. 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.
22. 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) ADITYA SINGH Page 42 of 42 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:17:59 IST 2026