Gujarat High Court
Jayaben W/O Laxmanbhai Sondarva vs State Of Gujarat on 24 July, 2026
NEUTRAL CITATION
R/CR.A/1328/2011 JUDGMENT DATED: 24/07/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1328 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
✔
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JAYABEN W/O LAXMANBHAI SONDARVA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. YOGENDRA THAKORE(3975) for the Appellant(s) No. 1
MR PRAVIN GONDALIYA(1974) for the Opponent(s)/Respondent(s) No.
2,3
MS JYOTI BHATT APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 24/07/2026
ORAL JUDGMENT
1. The appellant – original complainant has preferred this appeal
under Section 372 of the Code of Criminal Procedure, 1973 against
the judgment and order dated 09.09.2011 passed by the learned 3 rd
Additional Sessions Judge, Bhavnagar Camp at Mahuva (hereinafter
be referred to as “the trial Court”) in Sessions Case No. 214 of 2009,
whereby the trial Court has acquitted the original accused
(respondents herein) from the offences punishable under Sections
306, 498A, 114 etc of the Indian Penal Code.
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2. Short facts of the prosecution case are that the accused No.1
Ashvinbhai Ranchhodbhai is husband of Yogeshwari @ Varsha
(deceased) whereas accused No.2 Maniben Ranchhodbhai is mother-
in-law and both were subjected physical and mental cruelty to
Yogeshwari. During the marital life, both the accused were torturing
her due to suspicious nature for insignificant matters and for bringing
the less dowry and both the accused were subjecting mental and
physical cruelty and making quarrel and beating Yogeshwari, and
therefore, Yogeshwari had committed suicide by pouring kerosene
herself and ablaze set her fire, due to which she sustained burn injury
and succumbed to the injury. Hence, a complaint being C.R. No.I-
100/2009 was lodged by the complainant before Talaja Police Station
for the aforesaid offences. The police prepared panchnama of the
scene of offence and after preparing the arrest panchnama, the
accused came to be arrested. On completion of investigation, the
charge sheet was submitted in the Court of learned J.M.F.C.
2.1 The charge against the accused came to be framed by the trial
Court vide Exhibit 8 for the aforesaid offences against the accused.
On being explained it to them, the accused have denied having
committed any offence. The accused pleaded not guilty to the charge
and pleaded for trial and hence, the case was tried by the learned
Additional Sessions Judge.
3. It appears from the records that to prove the case, the
prosecution has examined the following witnesses
P.W. No. Name of Witnesses Exhibit
1 Dr.Dhiraj Mehram Agrawal 11
2 Kanjibhai Hamirbhai Gohil 22
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3 Pranshankar Devjibhai 26
4 Jayaben Laxmanbhai Sondarva 27
5 Laxmanbhai Mangabhai 34
6 Bhalabhai Jethabhai 35
7 Tejiben Hirabhai 36
8 Vipinbhai Bhanjibhai Vinjuda 37
9 Bhaveshbhai Laxmanbhai Sondarva 40
10 Yograjsinh Chandrasinh Gohil 42
11 Thakurdas Narandas Durgiya 59
12 Ratilal Raghavji Surani 64
4. In addition to this, the prosecution has also produced the
following documentary evidence.
Sr. No. Particulars Exhibit 1 Yadi to M. R. Vasiya by PSO 47 2 Yadi by Vasiya to PSO 48 3 Order of investigation 44 4 Yadi to Dy.S.P. for visitation 49 5 FIR 28 6 Marriage Invitation Card 29 7 Panchnama of scene of offence 23 8 Report to Civil Surgeon 14 9 Inquest Panchnama 15 10 Yadi for postmortem 13 11 Postmortem note 12 12 Yadi of M.O. for sending viscera 16 13 FSL spot visit report 50 14 Fax messages 51,45, 46 15 Outward letter for sending muddamal for FSL 65 Page 3 of 32 Uploaded by V.R. PANCHAL(HC00171) on Fri Jul 24 2026 Downloaded on : Tue Jul 28 01:44:48 IST 2026 NEUTRAL CITATION R/CR.A/1328/2011 JUDGMENT DATED: 24/07/2026 undefined 16 Receipt and forwarding letter of FSL 66,67, 68 17 Receipt of FSL 69 18 Forwarding letter of FSL 70 19 Serological report 71 20 Receipt and forwarding letter of FSL 72,73 74 21 Serological report 75 22 Receipt of muddamal by FSL 76 23 Result of Serological examination 77 24 Station diary entry 43 25 Request to Executive Magistrate for making 52 postmortem 26 Station diary entry 53 27 Account opening form 60 28 Result of deceased 61 29 Ration Card 62 30 Statement of account 63 31 Declaration of accused 78 32 Recording of application to Police Commissioner, 81 Rajkot
5. After closure of the evidence, the statements of the accused
under section 313 of the Criminal Procedure Code, 1973 have been
recorded wherein they denied of having committed any offence and
have stated that they are innocent.
6. After hearing both sides and considering the evidence on
records, the trial Court by impugned judgment and order has
acquitted the accused from all the charges levelled against them.
7. Being aggrieved by and dissatisfied with the aforesaid judgment
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and order of acquittal the appellant – complainant has preferred this
appeal.
8. Heard Yogendra Thakore, learned counsel for the appellant,
Ms.Jyoti Bhatt, Additional Public Prosecutor for the respondent – State
of Gujarat and Mr.Pravin Gondaliya, learned counsel for the
respondents – accused at length.
8. Mr.Thakore, learned counsel appearing for the appellant has
submitted the same facts which are narrated in the memo of appeal
and has also submitted that the prosecution has examined witnesses
and produced documentary evidence, despite this fact, the trial Court
has not considered the same in its true and proper perspective in
passing the judgment and order of acquittal. Learned counsel, while
referring to the entire oral as well as documentary evidence, has
assailed the impugned judgment and order and submitted that the
trial Court has not taken into consideration the evidence connecting
the accused to the alleged offence in its proper perspective and even
the prosecution has been able to prove the charges levelled against
the accused. While referring to the evidence of the witnesses and the
material collected against the accused, learned counsel has submitted
that the prosecution has established the case against the accused by
examining the witnesses, who have supported the case of the
prosecution, however, the trial Court has discarded and disbelieved
the evidence of these witnesses. He has submitted that the witnesses
have fully supported the case of the prosecution, however, the trial
Court has not appreciated the same and passed the judgment and
order of acquittal which is illegal and unjust. He has submitted that it
is settled legal position that the evidence of a single witness is
sufficient for conviction if the same is reliable and trustworthy and in
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the present case, though the evidence of all the witnesses are reliable
and trustworthy, without any cogent reason, the trial Court has
disbelieved and discarded the evidence of the witnesses.
8.1 Learned counsel for the appellant has further submitted that
the impugned judgment of acquittal is contrary to the evidence on
record, based on erroneous appreciation of material evidence and has
resulted in a miscarriage of justice and the findings recorded by the
learned trial Court are perverse and unsustainable in law, thereby
calling for interference by this Court in the exercise of its appellate
jurisdiction. Learned counsel for the appellant has also submitted that
the trial Court has materially erred in holding that the prosecution has
failed to prove its case beyond reasonable doubt and the findings
recorded by the trial Court were perverse, illegal, and contrary to the
evidence on record. Learned counsel for the appellant has submitted
that the marriage of the deceased and accused No.1 was solemnized
on 01.03.2009 and the alleged incident had occurred on
09/10.08.2009 i.e. within a period of six months and even the
deceased was carrying pregnancy of three months at the time of
incident. Learned counsel for the appellant has submitted that the
prosecution had proved the fact that the death of the deceased had
caused due to the burn injuries, however, the trial Court has passed
the impugned judgment and order of acquittal, which is not just and
proper. Learned counsel for the appellant has submitted that the
marriage span of the deceased and accused No.1 was only five
months, therefore, looking to Section 113 of the Evidence Act, there is
a presumption as to abetment to commit suicide and hence, the said
aspect has not been considered by the trial Court. He has submitted
that the defence made by the accused with regard to the incident of
Rakshabandhan, however, the trial Court has committed an error in
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not appreciating the facts, which was proved by the prosecution, that
accused No.1 was doubted about the character of the deceased.
8.3 Mr.Thakore, learned counsel has referred and relied upon the
decision of the Hon’ble Supreme Court in the case of C.Muniappan
V/s State Of Tamil Nadu reported in (2010) 9 SCC 567 wherein the
Hon’ble Supreme Court has held and observed in para – 44 as under:-
“44. There may be highly defective investigation in a case.
However, it is to be examined as to whether there is any
lapse by the I.O. and whether due to such lapse any benefit
should be given to the accused. The law on this issue is
well settled that the defect in the investigation by itself
cannot be a ground for acquittal. If primacy is given to such
designed or negligent investigations or to the omissions or
lapses by perfunctory investigation, the faith and
confidence of the people in the criminal justice
administration would be eroded. Where there has been
negligence on the part of the investigating agency or
omissions, etc. which resulted in defective investigation,
there is a legal obligation on the part of the court to
examine the prosecution evidence de hors such lapses,
carefully, to find out whether the said evidence is reliable
or not and to what extent it is reliable and as to whether
such lapses affected the object of finding out the truth.
Therefore, the investigation is not the solitary area for
judicial scrutiny in a criminal trial. The conclusion of the
trial in the case cannot be allowed to depend solely on the
probity of investigation. (Vide Chandra Kanth Lakshmi V/s.
State of Maharashtra, AIR 1974 SC 220; Karnel Singh V/s.
State of Madhya Pradesh, (1995) 5 SCC 518; Ram Bihari
Yadav V/s. State of Bihar, AIR 1998 SC 1850; Paras Yadav
V/s. State of Bihar, AIR 1999 SC 644; State of Karnataka
V/s. K. Yarappa Reddy, AIR 2000 SC 185; Amar Singh V/s.
Balwinder Singh, AIR 2003 SC 1164; Allarakha K. Mansuri
V/s. State of Gujarat, AIR 2002 SC 1051; and Ram Bali V/s.
State of U.P., AIR 2004 SC 2329). Arrest of A-4”
8.4 Mr.Thakore, learned counsel has referred and relied upon the
decision of this Court in the case of State of Gujarat V/s.
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Dhavalkumar Updeshbhai Patel with Hasumatiben Kiritbhai
Patel Vs. State of Gujarat reported in 2021 (1) GLR 289 wherein
the Hon’ble Supreme Court has held and observed in para – 42, 43
and 49 as under:-
“42. Cumulatively, if the evidence of all these witnesses
are evaluated , it can be said without any hesitation that it
leads to one single most fact that the deceased girl who
was barely married for six months had complained to the
parents of harassment by the in-laws and also the husband
in particular. The incidents are also detailed as to how the
husband chose to leave the girl at a parental home even at
the time when she was unwell and was required to be
taken to the hospital by her brother. In the cross-
examination, suggestions are made that she had medical
issues relating to the field of gynecology and the same has
been suppressed, it hardly could be the reason for either
harassing the girl or leaving her at parental home when
she needed the support and warmth of her husband the
most . Again,nothing is coming out on record to uphold the
contention raised in the cross examination of any kind of
suppression on the part of the parents of the girl in getting
her married to the Respondent no.1. It appears that her
hemoglobin level had reduced considerably either due to
malnutrition or due to menstruation problem or because of
any other reasons of viral infection or Dengue etc. as
opined by the doctor performing the post mortem in his
cross examination. Again, it is a matter of record that after
she was treated well by the doctor at her Parental home
that she had regained her level of hemoglobin up to 10%.
Biological and hormonal changes after marriage are quite
natural phenomena and they can precipitate some of the
health related issues and as doctor had opined her getting
menstruated twice a month could also be the reason of low
level of hemoglobin and that can also happen due to
weakness or for various reasons, but, that surely can never
furnish the grounds to suspect something fishy in dealing.
And that certainly cannot be the reason for ill treating any
person, much less the wife who is legally wedded and who
would also have the right to be accommodated and
adjusted in the new environment. Thereafter also, it is
quite clear from the evidence of the witnesses that the
husband had left his home by impudently stating that he is
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and if she continued to be at her matrimonial home, he
was unwilling to be under the very roof. After much
persuasion he was brought back to his own home and
started living with her. It may look a very insignificant
event and it may also look that he had gone away on
account of some dispute between the spouses and was
brought back by the parents on persuasion. One must not
forget that these were the formative months of a girl who
had joined her in-laws and her husband in particular with
all her dreams of future and she herself was made to feel
unwanted at her matrimonial home by the husband
himself. Against all odds and at a time when bonding of
relationship is yet not very strong, it is expected that the
husband would be supporting the newly wedded bride who
comes leaving behind all her loved ones, in an environment
which is totally new and at times alien for her. Again, it
needs a mention here that this event took place after she
was left to her own fate with sharp reduction of HB and
when she returned from parental home after regaining her
vitality and curing herself. Instead of making her feel
welcome or having any remorse of his not having stood by
her when she required him, this act could be a major blow
and would surely amount to cruelty and harassment both
on the part of the Respondent no.1.
43. Had it been a case where there was a possibility of
two views to be taken from the oral as well as documentary
evidence which has been adduced by the prosecution, the
Appellate Court shall need to be slow in interfering.
However, here all the close relatives namely parents and
siblings to whom ordinarily the girl would confide in, have
stated in no uncertain terms as to how attempts have been
made by the husband to make her feel unwanted.
Assuming that the neighbour who has also supported the
case of prosecution was confided the details by father of
the deceased girl, her mother, father and brother all had
first-hand information and likewise, her own friend also was
aware of what was going on at a matrimonial home. The
girl who is newly wedded and who also has hopes and
aspirations from her own future cannot be expected to
confide these details to anyone else but to the close family.
This Court is also aware that in the month of June of the
year when the girl died, both the parents had visited
Haridwar with of course other cast members where both,
the father-in-law and mother-in-law of the girl had also
joined. Father-in-law also helped the family in making
arrangements at wedding. This trip to Haridwar was anPage 9 of 32
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attempt of a goodwill gesture to mend the relationship
which was already quite fragile. The possibility also cannot
be ruled out that as the husband was not desirous of
supporting the wife and he also was inimical towards her,
the parents also were helpless against his insistence not to
have the girl as his wife. This court requires to also notice
further that at the time when the girl committed
suicide,the parents of the boy have not stated correct facts
and in fact, had misled the parents by stating that she had
certain dental issue and was taken to the hospital. When
they started from home, they were revealed that she was
taken to trauma ward at civil Hospital. This Court deems it
appropriate to give benefit of doubt to both Father and
Mother in-laws and brother-in-law and does not hold this
untruth against them because revealing the truth of death
of daughter of Complainant over the telephone or in a
crude manner could have resulted in shocking her parents
enormously. It is to be recognised by the Court that role of
parents and elderly persons in Indian milieu and
particularly,in the lives of newly wedded couple is very
important. They act as friends, philosophers and guides to
the new generation and enrich their lives by their
experiences and wisdom rather than thwarting their
personal ambitions and desires or imposing their own set of
conditioning in the lives of new generation. In laws of the
deceased girl appear to have failed in performing such
roles of guide and Philosopher in the lives of young married
couple , however, that by itself may not make their acts
criminal to interfere with the conclusion of giving the
benefit of doubt to the Respondents no.2,3 and 4. Again,
absence of any details of physical beating or harassment
qua these three in the in initial written versions, penned
down by the IO, has weighed with this court in not
interfering in their order of getting benefits of doubt of all
the charges.
49. So far as the question of abetment in commission of
suicide is concerned, as discussed herein above,section
113A of the Evidence act permits this Court to presume if
such harassment at the hands of the in-laws or the
husband is sufficiently established by way of evidence that
comes on the record, having regard to all the other
circumstances of the case that the act of commission of
suicide has been abetted by her husband, if the span of
marriage is less than Seven years, cruelty here would have
the same meaning as in Section 498A of the IPC.
Considering all natural infirmities and drawbacks which canPage 10 of 32
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be found in the evidences of untutored genuine
Prosecution witnesses, it can be held that the deliberate
conduct of the husband was such which he knew was likely
to drive his wife to the mental and physical injury or to
drive her to the stage of no return. As discussed herein
before, when the death of a married woman is caused in
the circumstances which are otherwise than ordinary and
natural within 7 years of her marriage, Section 113 A would
be attracted, to hold the husband committing cruelty and
harassment guilty for the offence under Section 306 of
abetting the suicide. It is not necessary that just before the
act of ending life that such act of cruelty must have
happened, as Section 306 of the Indian Penal Code read
with Section 113 A is wide enough to cover the instances
which are continuous and unabated. Death since has
occurred otherwise than under normal circumstances
within 7 years of the marriage as a consequence of cruelty
and harassment inflicted on victim for various reasons as
detailed above, guilt of the husband is proved beyond all
reasonable doubts and resultantly, the following order.
8.5 Over-and-above the aforesaid arguments, Mr.Thakore, learned
counsel has submitted the following written submissions:-
“3. Evaluation of Evidence
(i) Mother of the deceased (Complainant) (appellant) : The
complainant was examined at Exhibit-27, wherein in Para-3
of her examination in chief, she stated that the incident
occurred about ten months [after marriage], and that on
that night, she and her son were at home while her
husband was on bandstand duty at Dwarka. Thereafter,
four people from her daughter’s in-laws’ side came to their
house and informed them that their daughter is unwell.
Similarly, in Para-4 of her deposition, she stated: “The
cause of this incident was that my son-in-law was
suspicious of my daughter and had brought insufficient
dowry;. Due to mental torture, and because of demands for
dowry and instigation by her mother-in-law, this incident
occurred, and my daughter, being fed up, set herself on
fire and committed suicide.” Thereafter, further ahead she
states: “Eight days later, when the police came back again,
they asked me, and whatever I stated in my complaint, I
told the police the same that my daughter’s character was
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doubted by her husband, that her husband used to taunt
her regarding dowry, and that her mother-in-law used to
instigate – this is what I told the police.” This statement by
the complainant has been challenged by the accused side
in cross-examination as being contradictory (in the nature
of denial). However, in our humble opinion, nothing
contrary of substance emerges from the said cross-
examination in respectful submission of the appellant.
It is respectfully submitted that the mother of the deceased
was in a state of extreme shock and mental trauma
immediately after the incident. In such circumstances, it is
natural that she could not narrate every minute detail or
particular fact at the earliest opportunity. The law
recognizes that statements made under such distress
cannot be expected to be exhaustive or meticulously
detailed. Therefore, the defence cannot seek to derive any
advantage merely because certain particulars were not
disclosed immediately after the occurrence. Such
omissions are neither material nor sufficient to discredit
the prosecution case, particularly when they have been
satisfactorily explained and are consistent with the natural
human conduct of a person who has just suffered the
traumatic loss of her daughter.
(ii) Evidence of Laxmanbhai Mangabhai Sonderva (father of
the deceased): That the deceased’s father, Laxmanbhai
Mangalbhai Sondarva, was examined at Exhibit-34. In his
examination In chief had clearly deposed on Page-4 that:
“My daughter’s cause of death by self-immolation was that
my daughter suffered physical and mental torture, and her
husband was of a suspicious nature with regard to her
character. The accused demanded dowry and demanded
better married-life gifts (karivavar), and used to harass
deceased. This continued even after the marriage. And this
fact was told to me by my daughter-deceased, and she also
informed me by phone that her husband tortures her, and
that her mother-in-law instigates him.”
In addition, to demonstrate that Accused No. 1 was of a
suspicious/doubtful nature, it is further stated in the
examination -in-chief that: “My daughter used to live at
Talaja, and once when she came to Rajkot during vacation,
and when the deceased and respondent No.2 had gone at
a triangular garden for having Icegola (Incident)
The second incident when they were travelling at Abu and
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at that point of time the incident which had occurred was
deposed in detail
Which categorically shows that over such trivial matters
the accused (husband) used to suspect deceased and
inflict mental and physical torture on her”.
It is pertinent to note that regarding this incident at the
Rajkot garden, documentary evidence in this connection
has been produced as Exhibit-80 on behalf of the
complainant, and all the relevant papers have been
produced at Exhibit-81. Therein, a true copy of the papers
relating to Rajkot A Division Police Station being A.P. No.
317/09 dated 21/5/09 have been produced, in which it is
recorded that Accused No. 1 (husband) and
Yogeshwariben, while roaming around, were confronted by
two persons on suspicion of their conduct, regarding which
the accused filed a complaint/report. Later the matter was
compromised. All these papers are produced from which it
stands proven that the accused was of a suspicious nature-
that is a further ground to believe this.
In the cross-examination of, the accused side has largely
put questions on the basis that the deceased was not
allowed to come to Rajkot on the occasion of
Rakshabandhan, and the incident and consequent suicide
occurred after quarrels this fact has been put to the
witness numerous times.
However, from the complainant’s evidence, it is established
that the deceased’s father-in-law sent rakhi to the
complainant’s home on behalf of deceased. That the
deceased had visited her parents house for opening bank
account and that a saving bank account was opened at the
Bank of India, Rajkot, a few days before the incident
occurred. Documentary evidence in this regard is produced
at Exhibit-58, list of documents Exhibit-60 to 63. From this
it becomes clear that the deceased had come to her
parents’ home just 17-18 days before her death, and it
cannot at all be believed that the deceased had insisted to
came to her parents’ home.
Also, at Exhibit-34, in the cross-examination of
Laxmanbhai, the deponent was occupied with his own
daughter’s death rituals and did not go to give a statement
until 17/8/09. Apart from this, the deponent denies most of
the other facts put to him in cross -examination.
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Thus, as seen from the deposition of the above witness, it
is clearly demonstrated that the deceased, tormented by
the cruelty of the accused, was compelled to set herself on
fire and end her own life when she was carrying a
pregnancy of 3 months.
(iii) Deposition of Vipinbhai Bhanjibhai Vingda: That
Vipinbhai Bhanjibhai Vingda, resident of Vavadi, was
examined at Exhibit-37. He too was called to the
government hospital at Tanaja along with the complainant
and admits to having seen the body. The deponent
deposed that his sister’s daughter’s [niece’s] husband, i.e.,
Yogeshwariben’s husband, doubted her, was of a doubtful
nature, and harassed her, and that Ashwin’s mother also
used to scold/rebuke her over the phone.
However, in his cross-examination on Page 4, this witness
makes a very telling statement: “that my niece did not
come to her parents house on her own.” This shows that
this witness fully supports the prosecution case in every
respect, and there is no reason not to believe him.
(iv) Bhaveshbhai Laxmanbhai Sondarva (Brother of
Deceased) That Bhaveshbhai Laxmanbhai Sondarva, the
deceased’s brother, was examined at Exhibit-40. He is the
brother of the deceased. In his examination in chief, the
deponent deposed that the accused side used to quarrel
from time to time, harboring suspicion and doubt, and used
to harass her about dowry, taunting her and saying the
dowry given was insufficient. The deponent deposed that
this fact was conveyed to him when the deceased came
home.
In cross-examination, though the accused side has put
forth various concocted facts regarding Rakshabandhan,
questions have been forcefully asked regarding these
fabricated facts, but nothing beneficial to the accused
emerges therefrom as the same was denied.
(v) Dr. Dhiraj Maiyaram Agravat: That Dr. Dhiraj Maiyaram
Agravat, who conducted the post-mortem of the
deceased’s body, was examined at Exhibit-11. The witness
deposed that the P.M. note bears his signature, and the
P.M. note is produced as Exhibit-12, and the Police Yadi
(list) and Inquest Panchnama are produced as Exhibit-14
and 15, and he also states that he affixed sample seals,
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and the list sent via M.O. dated 7/12 is produced as Exhibit-
16. The witness had given evidence as an expert witness.
(vi) Inquest Panchnama: The Inquest Panchnama at
Exhibit-15 was recorded by the police in the presence of an
Executive Magistrate and panch witnesses. There is no
reason to disbelieve as there is no dispute regarding it.
(vii) Yograjsinh Chandrasinh Gohil (P.S.O) That Yograjsinh
Chandrasinh Gohil, who was the P.S.O. [Police Sub-Officer]
at the relevant time, is examined. In His deposition
includes documentary evidence, which has been produced
at Exhibits-43 to 54.
(viii) Shri Ratilal Raghavjibhai Surani (I.Ο): Thereafter, at
Exhibit-64, the Investigating Officer, Shri Ratilal
Raghavjibhai Surani, is examined. Statements made to him
by hostile witnesses have been clarified.
In cross-examination, it is admitted that this officer
conducted the investigation impartially. This officer
deposed in his cross-examination, on Page 7, that: “Is it
true that this incident occurred due to dowry demand? the
complainant has not mentioned this in her complaint”
however, in the complaint at Exhibit-28, Page 2, the
complainant has stated: “My daughter was tormented –
despite giving dowry to the best of my ability, he taunted
her by saying the dowry/marriage gifts given were
insufficient” thereby stating that she suffered physical and
mental torture on account of his suspicious nature, through
repeated quarrels, which compelled my daughter to
commit suicide, This fact is clearly stated in the complaint.
Thus, the allegation that dowry demand was insufficiently
given indirectly supports the fact of dowry demand.
That even if it is assumed that the Investigating Officer left
some deficiency in the investigation, when other evidence
and documentary proof support the prosecution case, the
benefit of any deficiency in the Investigation cannot go to
the accused.”
8.6 According to learned counsel for the appellant, the trial Court
ought to have convicted the accused and ought to have imposed
necessary sentence. He has prayed to allow the present appeal and to
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quash and set aside the impugned judgment and order of acquittal.
9. Per contra, Mr.Gondaliya, learned counsel for the respondents –
accused has supported the impugned judgment and order and has
submitted that the trial Court has not committed any error of law and
fact in acquitting the accused from the charges levelled against them.
Learned counsel for the respondents – accused has submitted that the
ingredients of the offence alleged against the accused are not proved
beyond reasonable doubt and, therefore, the trial Court has rightly
acquitted the accused as the complainant has failed to prove the
charge levelled against the accused. Learned counsel for the
respondents has also submitted that there is no iota of evidence to
connect the accused with the alleged crime in question. Learned
counsel for the respondents has submitted that the evidence led by
the prosecution suffers from material contradictions, omissions, and
inconsistencies, which creates serious doubt about the veracity of the
prosecution case and the prosecution has failed to establish the
essential ingredients of the alleged offences and has not produced
reliable, trustworthy, and corroborative evidence connecting the
accused with the commission of the alleged offence. Learned counsel
for the respondents has submitted that it is a settled principle of
criminal jurisprudence that the presumption of innocence in favour of
an accused is further strengthened by an order of acquittal. It is
submitted that unless the findings recorded by the trial Court are
shown to be perverse, illegal, or contrary to the evidence on record,
the Appellate Court should be slow in interfering with an order of
acquittal. It is submitted that the appellant has failed to point out any
infirmity, illegality, perversity, or misreading of evidence in the
impugned judgment and order and the findings recorded by the
learned trial Court are based upon proper appreciation of the
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evidence and settled legal principles. Learned counsel for the
respondents has submitted that the appeal being meritless deserves
to be dismissed and the impugned judgment and order of acquittal
deserves to be confirmed.
9.1 Over-and-above the aforesaid arguments, Mr.Gondaliya,
learned counsel has submitted the following written submissions:-
“The complainant has lodged FIR stating the general
allegations, that her daughter has committed suicide, as
her in laws demanded dowry and she was victim of
harassment, Cruelty and she was tortured physically and
mentally.
There is no specific allegation that in what form the
accused has demanded dowry.
There is no specific incident of cruelty and physical or
mental torture or demand of dowry mention by the
complainant in her complaint.
Further there is no such incident disclosed by the
complainant that, her daughter prior to the incident has 3mentioned to the complainant that there is demand of
dowry and due to which the accused are harassing the
deceased in the FIR.
The complainant was in knowledge prior filling of the
complaint, that the Ashwinbhai’s nature was suspicious as
he has lodged complaint against the 2 person, but at time
of filling complaint she has not stated the same fact, that
the nature of the Ashwinbhai was suspicious.
Thereafter, in examination in chief first time she stated
that due to suspicious nature of Ashwinbhai, he was
torturing and abusing the deceased. Thereafter she has
elaborated the same that the Ashwinbhai has priorly filed
complaint against 2 persons who was staring her daughter,
therefore the nature of Ashwinbhai was suspicious.
At time of lodging complaint along with complainant her
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husband and son i.e. Laxmanbhai and Bhaveshbhai was
present but at the relevant point of time the statements of
Laxmanbhai and bhaveshbhai was not recorded. Seems
that they choosen not to give statement.
There is no specific allegation that what type of dowery
was demanded, when it was demanded, there is no
evidence that what cruelty was meted out and there is no
whisper about the same in FIR.
There is no dying declaration by the deceased.
Therefore considering the above said all the aspect the Ld.
Trial Court has rightly held that the evidence of the
complainant cannot be said to be trustworthy, since there
were major contradictions and omission in the evidence of
the complainant and thereby has rightly given the benefit
of doubt to the accusedAt the time of filling of the complainant the father of the
deceased i.e. Laxmanbhai Sondarva was present but at
that relevant point of time no statement was recorded and
the very same thing he admits in his evidence.
The father of the deceased in his examination in chief,
states that the his son-in-law’s nature was suspicious and
also he used to demand dowry and he further admits that
his daughter prior to the incident was subjected to the
cruelty and she used to inform him when she visits Rajkot.
But no complaint was filed by him against the cruelty by
his son-in-law to his daughter. The very first time stated
this thing in his deposition.
At the time of filling of the complaint he was present along
with her wife but at that point of time his has not disclosed
this very fact, then he has first time disclosed in his
deposition.
Further he used to cited certain incidents which occurred
prior to the alleged incident that, when they were traveling
to Mt. Abu they have taken one halt at that time some
person was standing and smoking bidis and they were
looking at his daughter at that time Ashwinbhai’s has
started quarrelling that we they are staring his wife.
Secondly, when they reached Mt. Abu in hotel thePage 18 of 32
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Ashwinbhai has started quarrelling with the waiter and
therefore he knows that the nature of Ashwinbhai was
suspicious.
But at time of filling of the complaint, he was present along
with his wife but not single time Whispered about the
nature of Ashwinbhai. Father of the deceased specifically
admits that all these thing are known to her wife-Jayaben,
however, she does not state anything about afore stated
incidents.
Therefore, considering the above said aspect, the Ld. Trail
Court has held that looking to the evidence of the father of
the deceased, there is no specific allegation about the
demand of dowry that what amount was asked for and in
what form the dowry asked for and therefore the statement
made by the father of the deceased in vague and therefore
the Ld. Trial court has rightly given the benefit of doubt to
the accused.
And further the Ld. Trial Court has further rightly held that
the accused had not played any active role in committing
the direct or indirect act of instigating for committing
suicide and therefore the Ld. Trial Court has rightly given
benefit of doubt to the accused.
The brother of the deceased namely Bhaveshbhai
Laxmanbhai Sondarva, examined at Exh. 40 was also
present at during the filling of the complaint.
The brother of the deceased in his evidence states that, his
sister was subjected to the cruelty and tortured and she
used to inform him when she used to visit Rajkot and also
by telephone. But during filling of the complaint he was
present along with his mother, his statement was also not
recorded at that relevant point of time. Thereafter in his
evidence first time he has disclosed this facts.
Therefore the Ld. Trial Court has rightly not relied upon his
evidence.
Further the investigating officer was also examined
wherein he states that, the statements of complainant,
father and brother of the deceased were not recorded at
time of lodging the complaint at Talaja, though they were
present. It comes on record in the deposition that after 78
days the statements were recorded at Rajkot. It also camePage 19 of 32
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on record in the deposition of 1 O that the complainant and
her family were insisting to lodge FIR u/s. 302 of IPC. (page
No. 139)(Therefore the Ld. Trial court has held that there is
improvisation in the statement of the witnesses and that
cannot be relied.
The deposition of the witnesses are not reliable and
untrustworthy on the following aspects.
The allegations made by the prosecution are general in
nature, vague and not specific.
What dwory was demanded, when demanded, what cruelty
was meted out, when it was meted out, no specific
evidence is produced.
There is no evidence that on which phone number was
used by accused no. 2 to make phone calls to accused no.
1 to instigate the accused no. 1 for demand of dowery or
harassment. There is no evidence that the deceased
informed to the complainant by using which phone number
and which phone?. There is no evidence that on which date
the deceased visited her parental house and informed
about alleged harassment and torture and demand of
dowry. The allegations are absolute, vague and general in
nature as there is no iota of evidence could be lead by the
prosecution.
The independent witness namely Tejuben has not
supported the prosecution case.
There is no evidence produced by the prosecution that the
husband was doubting the character of the deceased. On
the contrary when eve-teasing incident occurred at Trikon
Baugh, the accused no. 1 filed complaint to protect the
deceased, therefore, there is no question of doubting the
character. It is further alleged that the father is narrating
other incidents for the first time before the court, which is
clear improvement, which is not supported by the
deposition of his wife-Jayaben.
The allegation about suspicious nature of the accused no. I
also goes out of box as looing to the deposition of father of
deceased and PW-11 which show that the deceased went
to Rajkot for filling up admission form of a college and wentPage 20 of 32
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to bank for opening an account. If the husband was
suspicious about the deceased then she would not have
been allowed to travel alone from Talaja To Rajkot.
9.2 In support of his submissions, Mr.Gondaliya, learned counsel for
the respondents – accused has relied upon the following decisions:-
(1) Rameshchandra C. Soni Vs. State of Gujarat, 2002 (3) GLH 182
more particularly paras 4, 10, 12;
(2) Noorjahan Vs. State rep. By D.S.P., (2008) 1 SCC 55;
(3) State of Gujarat Vs. Babubhai Hardasbhai Modhvadiya, 2007 Cri.
Reporter 677;
(4) Chavda Ghanshyamji & Ors. Vs. State of Gujarat, 2007 (4) GLR
3433 more particularly paras 10, 11, 12;
(5) Shailesh Laljibhai & Ors. Vs. State of Gujarat, 2008 (2) GLR 1522;
(6) Mallappa Vs. State of Karnataka, (2024) 3 SCC 544;
(7) Chandrappa Vs. State of Karnataka, (2007) 4 SCC 415 more
particularly paras 41, 42, 43, 44;
(8) Ram Pyarey Vs. State of Uttar Pradesh, (2025) 6 SCC 820;
10. On perusal of the impugned judgment and order of acquittal
passed by the trial Court, the questions arise for determination are as
under:-
(1) whether the trial Court has rightly justified in passing the
judgment and order of acquittal.
(2) whether the trial Court has rightly appreciated the evidence
led by the prosecution in recording the reasons.
(3) whether there is any illegality, irregularity and perversity in
the impugned judgment and order of acquittal.
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11. Considering the facts and circumstances of the case, let first
consider the facts of the case that on 09.08.2009 at 22:15 hours the
daughter of the complainant, who married with accused No.1 before
about six months of the incident and on account of mental and
physical cruelty meted out at the hands of the accused, she
committed suicide by pouring kerosene herself and ablaze set her
fire. It is also the case of the prosecution that the mother-in-law was
residing at village, who abetted and instigated accused No.1 and
accused No.1 being husband, who was not taking care of the
deceased and also giving mental and physical torture and always
suspected towards behaviour of the deceased and on account of that,
the deceased was harassed mentally and physically and, therefore,
the deceased committed suicide within a period of one year from the
date of marriage at the matrimonial home. It is also alleged that the
deceased along with her husband resided at Talaja since accused
No.1 was serving as a teacher. It is alleged that on the eve of
Rakshabandhan, accused No.1 did not allow the deceased to visit her
parental home and asked her to visit on the eve of Janmashthami as
there were more holidays and it was not possible for her to visit at
Rajkot where her (deceased) parents were residing at Rajkot. The
father of the deceased was serving as ASI with SRP Group and,
therefore, they were residing in quarters at Ghanteshwar at Rajkot. At
the instance of P.W.6, an engagement of the deceased was
solemnized with accused No.1 and the marriage had taken place
between them as per the Hindu customary. It was further alleged that
accused No.1 was by nature suspicious doubting about the character
of the deceased that while she was visited at Rajkot and went to visit
Race Course at that time some unknown person teasing her and,
therefore, the respondents have lodged the FIR against the unknown
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person. It was also alleged that while deceased along with her
husband was visited at Mount Abu at that time accused No.1 had
picked up the quarrel with the waiter of the hotel during the lunch
and/or breakfast hours and hence, the accused was harassing the
deceased. That the deceased demanded dowry from the present
appellant and families and as and when the deceased visited the
parental home, she complaint about the nature of accused No.1 and
made a complaint about ill-treatment and harassment caused by
accused No.1. That prior to ten days or before ten days, the brother of
the deceased visited the house of the accused. Now, on perusal of the
evidence of P.W.4 being mother of the deceased, it appears that
accused No.2 was not residing at Talaja, but only husband and wife
i.e. accused No.1 and deceased resided there because accused No.1
was serving as teacher in the school at Talaja. The case put forward
by the complainant that accused No.2 by making telephone call to
accused No.1 instigated him and for this, accused No.1 harassing the
deceased mentally and physically. So far as the evidence of the
Investigating Officer is concerned, the Investigating Officer, who
investigated the case, has not collected any evidence with regard to
either the accused having any telephone facility or having mobile
phone at their residence; than how they have made telephone call to
each other; there was no such investigation to that effect and no any
material produced by the prosecution. On the contrary, it reveals that
even on the day of incident, the husband was put inside the room and
closed the door from out side and, thereafter, the deceased has
committed suicide. It emerges from the record that on one hand the
complainant and her husband making statement that there was
demand and dowry and on the other hand, the father of the deceased
admitted that all dowry articles were returned to them after the
incident took place by the accused. Therefore, the story put forward
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by the complainant and the prosecution with regard to the demand of
dowry is washed out and there is no evidence brought at the behest
of the complainant or the family members except four interested
witnesses i.e. complainant, father, brother and matrimonial uncle of
the deceased, no any other witnesses have been examined by the
prosecution to prove the case. On perusal of the evidence of the
Investigating Officer, it appears that initially the case was registered
as an accidental death and when the complainant and family
members at Talaja, they have not stated anything against the
accused and, thereafter, after two days, they approached the
Commissioner’s office at Rajkot and filed the complaint against the
accused for the alleged offence.
12. It further reveals from the evidence of the Investigating Officer
that the accused have interested to register the complaint for some
serious offence of murder, but looking to the facts of the case and
considering the evidence and investigation carried out by the
Investigating Officer, who found that the case was not of a murder,
therefore, he had not registered the complaint under Section 302 of
the IPC, but registered the same under Sections 498A, 114 etc of the
IPC. It reveals from the record that accused No.1 had requested the
deceased that instead of Rakshabhandhan, the deceased to visit on
the occasion of Janmashthami at Rajkot so that she can stay at least
2-3 days which did not like by the deceased and, therefore, she
excited and picked up the quarrel with the accused and, thereafter,
she put the accused inside the room and closed from the outside, had
committed suicide, so the accused unable to rescue her or try to save
her. Considering the evidence of P.W.10, P.W.11 and P.W.12, it
emerges that originally, the witnesses have not stated anything
against the accused but subsequently thereafter when they reached
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at Rajkot they decided to register a complaint against the accused
and then, the complaint came to be registered against the accused.
These witnesses have also approached the office of the Commissioner
and tried to see that the statements of the witnesses were recorded
at Rajkot and not approached at Talaja and considering the conduct of
the complainant and her family members, such fact speaks volume
about how the complainant and her husband have tried to involve the
accused for such serious offence of murder. Under these
circumstances, P.W.4, P.W.5, P.W.8 and P.W.9, except these
interested witnesses, no any independent witnesses have supported
the case of the prosecution. On the contrary, P.W.7, who resided at
Talaja in neighbourhood, she was examined by the prosecution as
witness, however, has not supported the case of the prosecution and
declared hostile and even from her evidence also, nothing was culled
out by the prosecution which supports the case of the prosecution.
From the evidence of the P.W.4, P.W.5, P.W.8 and P.W.9, it appears
that the witnesses have tried to paint character of accused No.1 that
he was suspicious nature and every time doubting upon the
deceased, on the contrary, the deceased at the time of incident
carried pregnancy of about 2-3 months which fact was revealed from
the evidence of P.W.1. Under that circumstances, the omissions and
contradictions were proved through the evidence of the Investigating
Officer and after perusing the record and considering the facts, the
trial Court has assigned reasoning in para 14 upto 81. From para 82,
the trial Court has considered the submissions made on behalf of the
prosecution and observed that the Court ought to have presumed
against the accused and inferred the cruelty and harassment meted
out to the deceased as provided under Sections 113(A) and (B) of the
Evidence Act. Upon considering the version of the witnesses and
overall facts of the case, the trial Court has discussed the provision of
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Section 113(A) and (B) of the Evidence Act and has not believed the
fact that the accused were involved in the alleged offence. The trial
Court has discussed the reasons upto para – 88 that why the Court
has not believed the case of the prosecution and in light of the
evidence collected by the prosecution and the trial Court has, after
considering the decisions of the Hon’ble Supreme Court and this
Court, in para 101 to 103, rightly discussed the fact that why the
Court has discarded and disbelieved the case of the prosecution. It is
true that the unfortunate incident took place within a period of seven
years of the marriage but for that the prosecution has to satisfy and
produce the sufficient evidence to involve or to connect the accused
with the commission of crime. So far as the inference under Section
113(A) and (B) of the Evidence Act is concerned, at least some
evidence is required to be produced by the prosecution to prove
either ill-treatment or harassment meted out to the deceased. In the
present case, there is no evidence come forth and led by the
prosecution with regard to ill-treatment or harassment meted out to
the deceased. The Hon’ble Supreme Court in the case of Ram Pyarey
Vs. State of Uttar Pradesh reported in (2025) 6 SCC 820 has
held and observed in paras 11, 12 and 13 as under:-
“11. We are of the view that there is practically no
evidence on the basis of which it could be said that the
appellant herein as brother-in-law abetted the commission
of suicide. We need not say anything further in the matter.
12. The law as regards the abetment of suicide punishable
under Sections 306 of the IPC is now well settled. It
appears that the Courts below laid much emphasis on
Section 113B of the Evidence Act, 1872 (for short, “the
Evidence Act“).
Section 113A of the Evidence Act talks about presumption.
Section 113A and Section 113B read thus:-
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“113A. Presumption as to abetment of suicide by a married
woman.- When the question is whether the commission of
suicide by a woman had been abetted by her husband or
any relative of her husband and it is shown that she had
committed suicide within a period of seven years from the
date of her marriage and that her husband or such relative
of her husband had subjected her to cruelty, the Court may
presume, having regard to all the other circumstances of
the case, that such suicide had been abetted by her
husband or by such relative of her husband.
Explanation.- For the purposes of this section, “cruelty”
shall have the same meaning as in section 498A of the
Indian Penal Code (45 of 1860).
113B. Presumption as to dowry death.- When the question
is whether a person has committed the dowry death of a
woman and it is shown that soon before her death such
woman had been subjected by such person to cruelty or
harassment for, or in connection with, any demand for
dowry, the Court shall presume that such person had
caused the dowry death.
Explanation.- For the purposes of this section, “dowry
death” shall have the same meaning as in section 304B of
the Indian Penal Code (45 of 1860).”
13. It is relevant to note that under Section 113B, the Court
may presume unlike Section 113A where the statute says
that Court shall presume. This is a vital difference between
the two provisions which raises presumption as regards
abetment of suicide. When the Courts below want to apply
Section 113B of the Evidence Act, the condition precedent
is that there has to be first some cogent evidence as
regards incessant harassment. In the absence of any
cogent evidence as regards harassment or abetment in any
form like aiding or instigating, the court cannot
straightaway invoke Section 113B and presume that the
accused abetted the commission of suicide.”
13. From perusal of the reasoning given by the trial Court, prima
facie, it appears that the ingredients of Sections 306 and 498A of the
IPC are not satisfied in the facts of the present case. It is beneficiary
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to referred to the decisions in the case of (1) Ramesh Kumar Vs. State
of Chhattisgarth reported in (2001) 9 SCC 618, (2) State of Gujarat Vs.
Bhaveshbhai Manilalbhai Patel reported in 2025 (2) GLR 923, (3) Ram
Pyarey Vs. State of Uttar Pradesh reported in (2025) 6 SCC 820, (4)
State of Gujarat Vs. Haji Haroon Meman reported in 2026 (0) JX (Guj)
105 and (5) State of Gujarat Vs. Ashwinbhai Naginbhai Tandel
reported in 2025 (0) JX(Guj) 357.
14. It is well settled by catena of decisions that the an Appellate
Court has full power to review, re-appreciate and reconsider the
evidence upon which the order of acquittal is founded. However,
Appellate Court 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 their innocence is further reinforced, reaffirmed and strengthened
by the trial Court.
15. Further, 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. Further, while
exercising the powers in appeal against the order of acquittal, the
Court of appeal would not ordinarily interfere with the order of
acquittal unless the approach of the lower Court is vitiated by some
manifest illegality and the conclusion arrived at would not be arrived
at by any reasonable person and, therefore, the decision is to be
characterized as perverse. Merely because two views are possible, the
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Court of appeal would not take the view which would upset the
judgment delivered by the Court below. However, the Appellate Court
has a power to review the evidence if it is of the view that the
conclusion arrived at by the Court below is perverse and the Court has
committed a manifest error of law and ignored the material evidence
on record. A duty is cast upon the Appellate Court, in such
circumstances, to re-appreciate the evidence to arrive to a just
decision on the basis of material placed on record to find out whether
the accused are connected with the commission of the crime with
which they are charged.
16. The scope and principles are enunciated by the Hon’ble Apex
Court in case of Chandrappa and others Vs. State of Karnataka
reported in (2007) 4 SCC 415, more particularly paragraph Nos.
42 and 43, which was subsequently re-affirmed by the Hon’ble Apex
Court in the case of Rajesh Prasad Vs. State of Bihar and
another, reported in [2022] 3 SCC 471, wherein, the Hon’ble Apex
Court has enunciated the general principles in case of acquittal, more
particularly in paragraph No. 26 the general principles are set out
by the Hon’ble Apex Court based upon various decisions of the
Hon’ble Apex Court. Then in case of Babu Sahebagouda
Rudragoudar Vs. State of Karnataka, reported in AIR 2024 SC
2252 = (2024) 8 SCC 149, the Hon’ble Apex Court has dealt with
the similar issue, more particularly, in paragraph Nos. 37 to 40.
Hence, we are in complete agreement with the findings recorded by
the trial Court.
17. It is also worthwhile to refer to the recent decision of the
Hon’ble Supreme Court in the case of Ramesh vs. State of
Karnataka, reported in [2024] 9 SCC 169, wherein the Hon’ble
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Supreme Court has held and observed in paras-20 and 21 as under:-
“20. At this stage, it would be relevant to refer to the
general principles culled out by this Court in Chandrappa
and others vs. State of Karnataka , regarding the power of
the appellate Court while dealing with an appeal against a
judgment of acquittal. The principles read thus:
“42. …. (1) An appellate court has full power to review,
reappreciate and reconsider the evidence upon which the
order of acquittal is founded.
(2) The Code of Criminal Procedure, 1973 puts no
limitation, restriction or condition on exercise of such
power and an appellate court on the evidence before it
may reach its own conclusion, both on questions of fact
and of law.
(3) Various expressions, such as, “substantial and
compelling reasons”, “good and sufficient grounds”, “very
strong circumstances”, “distorted conclusions”, “glaring
mistakes”, etc. are not intended to curtail extensive
powers of an appellate court in an appeal against acquittal.
Such phraseologies are more in the nature of “flourishes of
language” to emphasize the reluctance of an appellate
court to interfere with acquittal than to curtail the power of
the court to review the evidence and to come to its own
conclusion.
(4) An appellate court, however, must bear in mind that in
case of acquittal, there is double presumption in favour of
the accused. Firstly, the presumption of innocence 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.
21. In Rajendra Prasad v. State of Bihar, a three-Judge
Bench of this Court pointed out that it would be essential
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for the High Court, in an appeal against acquittal, to clearly
indicate firm and weighty grounds from the record for
discarding the reasons of the Trial Court in order to be able
to reach a contrary conclusion of guilt of the accused. It
was further observed that, in an appeal against acquittal, it
would not be legally sufficient for the High Court to take a
contrary view about the credibility of witnesses and it is
absolutely imperative that the High Court convincingly
finds it well-nigh impossible for the Trial Court to reject
their testimony. This was identified as the quintessence of
the jurisprudential aspect of criminal justice. Viewed in this
light, the brusque approach of the High Court in dealing
with the appeal, resulting in the conviction of Appellant
Nos. 1 and 2, reversing the cogent and well-considered
judgment of acquittal by the Trial Court giving them the
benefit of doubt, cannot be sustained.”
18. Considering the entire evidence on record, it clearly appears
that there is no credible evidence to connect the present accused with
the alleged crime and the evidence on record is not so convincing to
prove beyond reasonable doubt that the accused has committed the
alleged crime. Therefore, the accused cannot be convicted on the
evidence on record. In view of the above, we are of the opinion that
the trial Court has not committed any error of facts and law in passing
the impugned judgment and order and there is no any illegality and
infirmity found in the judgment and order.
19. On perusal of the impugned judgment and order, it clearly
transpires that the trial Court has not committed any error of fact and
law in appreciating the evidence on record and in acquitting the
accused from the charges levelled against them. Even on re-
appreciation of the evidence, it clearly transpires that the prosecution
has miserably failed to prove the charge levelled against the accused
beyond reasonable doubt. Therefore, the impugned judgment and
order of the trial Court is sustainable and the present appeal is liable
to be dismissed.
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20. In view of the above, the present appeal is devoid of merits and
it deserves to be dismissed. Resultantly, it is dismissed. The
impugned judgment and order of acquittal passed by the trial Court is
hereby confirmed. Bail bond stands cancelled. Record and
proceedings be sent back to the concerned Trial Court forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
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