Gujarat High Court
State Of Gujarat vs Ranjitbhai Bachubhai Chavda Rajput on 8 April, 2026
NEUTRAL CITATION
R/CR.A/990/2012 CAV JUDGMENT DATED: 08/04/2026
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Reserved On : 24/03/2026
Pronounced On : 08/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 990 of 2012
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STATE OF GUJARAT
Versus
RANJITBHAI BACHUBHAI CHAVDA RAJPUT & ORS.
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Appearance:
MR YUVRAJ BRAHMBHATT, APP for the Appellant(s) No. 1
MS TULSI GOSWAMI FOR MR TULSHI R SAVANI(3070) for the
Opponent(s)/Respondent(s) No. 1,2,3
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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 29.11.2011, passed by
rd
the learned 3 Additional District and Sessions Judge,
Bhavnagar camp at Mahuva, in Sessions Case No.158 of
2010, for the offences punishable under Sections 306, 498(A)
and 34 of the Indian Penal Code, 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’s sister, who
was married to accused no.1 and residing in her matrimonial
joint family, was subjected to continuous mental and physical
harassment by the accused persons. She had repeatedly
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informed the complainant about such ill-treatment and had
even returned to her parental home expressing unwillingness
to go back. However, she was sent back after assurances
from the accused side. Shortly thereafter, she committed
suicide by jumping into a well. It is alleged that due to such
harassment, the accused abetted her suicide, leading to the
registration of the offence under Sections 498(A), 306, and 34
of the Indian Penal Code.
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.158 of 2010. 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 17 witnesses and also produced 25
documentary evidence before the Trial Court, which are
described in the impugned judgment as under:
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Oral Evidence
Sr.No. Witness Exhibit
1 Hanubhai Hamirbhai Gohil 17
2 Bavanji Danabhai Rabari 19
3 Bharatbhai Bachubhai 22
4 Bhanudanas Haridas 24
5 Kanubhai Hamirbhai Gohil 25
6 Kanaksinhbhai Kalubha 29
7 Boghabhai Bholabhai 31
8 Popatbhai Kalubhai 32
9 Bhanabhai Dudabhai 33
10 Ashokbhai Laljibhai Vadher 36
11 Malujibhai Hamirbhai 45
12 Raniben Hamirbhai 46
13 Shituba Shivubhai Gohil 47
14 Dharubhai Masribhai 48
15 Nanalal Gaurishankar Laghva 51
16 Bavanjibhai Danabhai Rabari 56
17 Pradyuman Kishansinh Chavda 60
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Documentary Evidence
Sr.No. Details Exhibit
1 complaint 18
2 Note regarding assignment of investigation 20
3 Communication sent by D.Y.S.P. to P.S.I. 21
Bagdana for registering the complaint
4 Panchnama of seizure of samples 23
5 Inquest Panchnama 26
6 Arrest Panchnama 27
7 Panchnama of the scene of offence 30
8 Post-mortem form 37
9 Letter sent by A.S.I., Mahuva Police 38
Station, for conducting post-mortem
10 Post-mortem note/report 39
11 Medical certificate issued by the Medical 40
Officer of the Municipal Medical Unit
12 Letter by the Investigating Officer (I.O.) for 41
obtaining the post-mortem note
13 Letter issued by the Resident Medical 42
Officer of the Municipal Medical Unit to
the F.S.L., Ahmedabad for chemical
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analysis
14 Forwarding letter of F.S.L. 43
15 Serological report of F.S.L. 44
16 Copy of Station Diary 52
17 Fax message sent by P.S.O. to superior 53
officer regarding accidental death
18 M.L.C. report forwarded by Municipal 54
Medical Unit, Mahuva
19 Communication by P.S.O., Mahuva to P.S.I. 55
Bagdana regarding forwarding of case
papers
20 Fax message sent by P.S.I. to superior 57
officer regarding the present offence
21 Fax message sent by P.S.I. seeking 58
assistance of a lady constable
22 Arrest memo of accused Kunvarba 61
Bachubhai
23 Dispatch entry regarding sending 62
muddamal (case property) to F.S.L.
24 Receipt of F.S.L. 63
25 Communication sent to F.S.L. regarding 64, 65
return of muddamal (case property)
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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
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
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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.
8. In the aforesaid background, considering the oral
as well as documentary evidence on record, independently and
dispassionately and considering the impugned judgment and
order of the trial Court, the following aspects weighed with
the Court:
8.1. The prosecution has mainly relied on the complaint
which is filed by the brother of the deceased which is
produced vide exhibit 18, wherein it is the case of the
prosecution that, whenever the deceased Raghuba used to
come from her matrimonial home to her parental house, she
used to state that the accused used to falsely blame the
deceased and the accused used to harass her and on all
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occasions the family members of the deceased used to console
the deceased and send her back to her matrimonial home.
8.2. It is a case of prosecution that before 15 days from the
date of incident, the brother-in-law of the deceased Mulubhai,
had come to drop the deceased at her parental house and at
that time when the complainant had asked the deceased as
to why she had come to her parental house, she had
informed that she does not want to stay at her matrimonial
home and that the accused are suspecting the character of
the deceased and are not keeping the deceased at their house
and are constantly taunting her and the deceased was tired
of constant taunts given by the accused. In the said
complaint produced vide exhibit-18, it has also been stated
that just before one day from the date of incident, the
brother-in-law of the deceased had come to get the deceasedto her house on the ground that the accused no.1 was not
well and the complainant again consoled the deceased that
all will be well when she reaches the matrimonial home and
thereafter, the deceased was sent to her matrimonial home
along with her brother-in-law.
8.3. On 28.06.2010, the complainant received a phone call
from his cousin Dhirubhai Masibhai that the deceased has
expired as she fell in a well and in the complaint it has
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been stated that since one and a half years, the deceased
has been constantly harassed and the accused are taunting
the deceased of her character and have abused her and
therefore, she has committed suicide.
8.4. According to the complaint filed vide exhibit 16, the
complainant’s sister, Raghuba, used to frequently return from
her matrimonial home. At that time, her husband Ranjitbhai,
Bachubhai, and her mother-in-law Kunwarba would repeatedly
make false allegations against her, abuse her verbally, and
subject her to physical harassment. The complainant would do
counselling of her and send her back to her matrimonial
home. About fifteen days prior to the incident, Raghuba was
brought back by her brother-in-law Mulubhai, and stated that
she could not continue living at her matrimonial home. She
further said that her husband and mother-in-law were castingfalse doubts on her character and did not wish to keep her
in the house, and they would taunt her constantly. Due to
this harassment, she kept returning to her parental home.
On the evening prior to the incident, at around 05:00 PM,
her brother-in-law Mulubhai came and took her back, stating
that Ranjitbhai was ill. On 28.06.2010, at around 08:00 AM,
the complainant received a phone call from Dhirubhai, the
son of his aunt residing in Dungarpur, informing him that
Raghuben had fallen into a well and died.
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8.5. The prosecution has examined the complainant -Hanubhai
Hamirbhai Gohil as P.W.1 vide exhibit 17. In his deposition
he has admitted that he had not filed any complaint before
any police station of harassment alleged to have been done
by the accused on her sister during the lifetime of her sister
nor is there any complaint filed by the deceased before any
police station of the fact that the accused were doubting the
character of the deceased. He has also admitted that the said
fact was not informed to the sarpanch of the village and or
any of the elders and leaders of their community and it is
only after the death of the deceased Raghuben that for the
first time he has filed a complaint that the accused used to
suspect the character of the deceased. He has also admitted
that the deceased i.e. the sister of the complainant was
getting treatment for her mental health from Dr.Kamlesh J.
Shah. In his deposition he has stated that the deceased was
his sister. About one and a half years prior to the incident,
his sister was married to Ranjitbhai Chavda at village
Dungarpur. After his sister went to her matrimonial home,
she used to visit her parental home. During such visits, his
sister used to inform him that her in-laws and husband
would behave improperly with her, make remarks against
her, and subject her to harassment. His sister had no
children. It is further stated that his sister fell into a well.
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On the previous day before the incident, her brother-in-law
had come to their house and taken his sister back. The
complainant further deposed that his sister used to tell him
that she was being harassed and that her husband and in-
laws were casting doubts upon her character.
8.6. The prosecution has examined Police Inspector Bavanji
Danabhai Rabari as P.W.2 vide exhibit-19. In his deposition,
he has stated that on 28.06.2010, upon receiving information
of an accidental death at Bagdana Police Station, he took up
the investigation. During the course of investigation, Shri
Hanubhai Gohil appeared before him and lodged his
complaint, which was recorded as per his narration and duly
signed by him. In the cross-examination, this witness has
admitted that the place of incident falls on the road between
Mahuva and Bagdana, and that he had not immediately
visited the spot. He has further admitted that at the time of
recording the complaint, four to five village elders were
present, yet he did not record their statements. He was the
Police Inspector at Bagdana Police Station. The prosecution
has thereafter examined Bharatbhai Bachchubhai at exhibit-22
as P.W.3. He is the panch witness of the panchnama
produced vide exhibit 23, whereby the liquid was recovered at
the time of postmortem from the body of the deceased. The
other witness of the said panchnama produced vide exhibit-
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23, has been examined vide exhibit-24-Bhanudas Haridas as
P.W.4, both have turned hostile and have not supported the
case of the prosecution.
8.7. The prosecution has thereafter examined Kanubhai
Hamirbhai Gohil the brother of the deceased, has been
examined on behalf of the prosecution at Exhibit 25. He has
stated that on 28.06.2010, the police called him to the post-
mortem room at the Government Hospital, where the dead
body of Raghubai was lying on the table.upon examination of
the body found no marks of injury. According to him, the
deceased had died due to drowning. Further, this witness has
stated that Hanubhai had informed him that, due to
matrimonial discord and household issues, his sister Raghubai
had returned to her parental home. He has also stated that
he does not have any personal knowledge as to the exact
cause of death of the deceased, and that he had only heard
that she died due to mental harassment caused by her
husband and in-laws. He was the panch witness of the
inquest panchnama, which is produced vide exhibit 26. The
said inquest panchnama, does not indicate any external injuries on the
body of the deceased.
8.8. Further, Dr. Ashokbhai Vadher has been examined at
Exhibit 36. Dr. Ashokbhai stated that the dead body was
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received on 28th June 2010 at about 2:30 PM. The post-
mortem commenced at 2:50 PM and was completed at 4:50
PM. No external injuries were found on the body, nor were
any fractures detected. The doctor further opined that if a
person jumps into a well, such a death is possible. In cross-
examination, the doctor admitted that if a person goes near a
well to fetch water or for any other purpose, and the well is
deep, such a death could occur due to accidental slipping and
falling. He further stated that if a person is suffering from
an anxiety-related neurotic disorder, their mental condition
may be unstable, and in such a state, it cannot be certainly
said what actions such a person might take. Thus, from the
medical evidence of the doctor, it appears that the deceased
may have committed suicide.
8.9. The prosecution has thereafter examined Kanaksinhbhai
Kalubha as P.W.6 vide exhibit-29. He is the panch witness of
scene of offense which is produced vide exhibit-30. He is the
sarpanch of village-Dungarpur. In his cross-examination he
has stated that there was no disturbance in the family life of
the deceased. He has also stated that he has signed on the
prepared panchnama and he has also admitted that the
deceased was mentally ill and was taking medicine for the
same. However, he does not support the case of the
prosecution and has not stated any facts regarding the cause
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of death of the deceased. On the contrary, he has deposed
that the matrimonial life of the deceased was running
smoothly.
8.10. The prosecution has examined Boghabhai Bholabhai as
P.W.7 vide exhibit-31. He is the panch witness of inquest
panchnama produced vide exhibit-26. In his deposition, he has
stated that on 28.07.2010, the police explained to him at the
post-mortem room of Mahuva Municipal Hospital that an
inquest panchnama of the deceased, Raghuben, was to be
carried out. Thereafter, he voluntarily acted as a panch
witness, and along with two other panchas, remained present
for the said panchnama. Upon perusal of the deposition of
this witness, it appears that although he was present with
Hanubhai at the time of lodging the complaint, he has only
deposed regarding the inquest panchnama and has not stated
any facts as to what was narrated to him by Hanubhai or
whether he had any knowledge about the incident. This
witness has been declared hostile. As discussed hereinabove,
he has not stated any facts regarding the cause of death of
Raghuben. He has turned hostile and has not supported the
case of the prosecution.
8.11. The prosecution has thereafter examined cousin of the
complainant Popatbhai Kalubhai vide exhibit 32 as P.W.8. He
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has in his cross-examination stated that he was informed
that the deceased accidentally fell in the well. He has also in
his deposition stated that the police had not taken his
statement at the time of incident and he had not given any
statement to the police. He also stated that he had never
visited the matrimonial home of his sister and had no
personal knowledge regarding how she was treated there or
about her personal life. He has deposed that his testimony is
based solely on what was told to him by Hanubhai.
8.12. The uncle of the deceased Bhanabhai Dudhabhai has
been examined as P.W.9 vide exhibit-33. This witness has
stated that Hanubhai resides in their village and is related
to him. Upon perusal of the deposition of this witness,
certain new facts emerge. According to this witness, the
mother-in-law and father-in-law of the deceased were not
saying anything to her, and he has not at all stated
anything regarding allegations on the character of the
deceased. In his cross-examination, he admitted that the
police had neither recorded his statement nor made any
inquiry with him. He has further admitted that he had not
informed the police about the circumstances in which the
deceased died. He has also stated that his niece, Raghuben,
was taking treatment from a doctor at Bhavnagar for mental
illness and was also under medication for headaches. Thus,
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this witness also does not support the case of the
prosecution.
8.13. The Medical Officer who had carried out the
postmortem has been examined at exhibit-36 as P.W.10 and
the postmortem report is produced vide exhibit-39 and the
cause of death as stated in the postmortem report was
cardiorespiratory arrest because of asphyxia falling because of
drowning.
8.14. The prosecution has thereafter examined the younger
brother of the complainant vide exhibit-45 as P.W.11. He in
his cross examination has stated that the police met him
after 2 days from the date of incident and other than asking
for his name and address no other statement was taken by
the police. He has also admitted that on festival occasions,
the deceased used to come to her parental house and after
the festival was over the family members from the in-laws of
the deceased used to take the deceased to the matrimonial
home. He is not aware as to what kind of relation did the
deceased have at her matrimonial home. He has further
admitted that he had not stated before the police that his
sister was being taunted. Thus, this witness has not produced
any clear or cogent evidence regarding the cause of death of
the deceased, and there are material contradictions between
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his deposition before the Court and his statement before the
police.
8.15. The mother of the deceased Raniben has been examined
vide exhibit-46 as P.W.12. She has admitted that the
deceased was getting treatment from Dr.Kamlesh Shah for
her mental health. She has only stated that the accused used
to taunt the deceased of her character. This witness has
further admitted that she had not made any complaint to the
elders of the community regarding the alleged accusations
made against her daughter. It is pertinent to note that the
allegation regarding a five-month pregnancy has not been
mentioned by the complainant in his complaint, nor has it
been brought on record that the deceased had narrated any
such fact to her brother before the police. Thus, the evidence
of this witness appears to be unclear and inconsistent and
does not align with the case put forward by the prosecution.
8.16. The neighbour and cousin of the deceased Shituba
Shivubha Gohil has been examined as P.W.13 vide exhibit-47.
She has stated that the husband of the deceased used to
consume alcohol. She has stated that the deceased had not
informed her as to what was disturbing the deceased. She in
her examination-in-chief has stated that the accused used to
accuse the deceased of her character. In her cross-
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examination, she has stated that, it is true that the deceased
had never informed her about any of the trouble that she
used to face at her matrimonial home. She has also admitted
that the deceased was being treated for her headaches. She
has also admitted that the fact of the husband returning
home after consuming alcohol was not stated in her police
statement. She had further admitted that the police had
merely inquired about her name and had not recorded any
detailed statement. It is also admitted that the deceased was
suffering from headaches and was under medical treatment.
8.17. The prosecution has thereafter examined Dharubai
Masribhai vide exhibit-48 as P.W. 14, who is the cousin of
the deceased. Upon perusal of her deposition, it appears that
this witness has been declared hostile and does not support
the case of the prosecution in any manner. He has stated
that she has no knowledge as to how Raghuben died or
about the nature of her matrimonial life.
8.18. The prosecution has thereafter examined the police
officer, who had taken the initial complaint and handed over
the investigation to Mr.Nanalal Gaurishankar Vadhva vide
exhibit-51 as P.W.15.
8.19. The prosecution has thereafter examined Bavanjibhai
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Danabhai Rabari, who was initially examined as P.W.2.
8.20. The P.S.I. Pradhyuman Kishansinh Chavda has been
examined vide exhibit-60 as P.W.17. The defense has
examined as defense witness no.1-Dr. Kamlesh Shah, vide
exhibit-73 and from his deposition, it transpires that the
deceased was suffering from angiitis neurosis and she was in
his treatment. At least since 11.01.2010, when clinical
examination of the brain of the deceased was done by him.
He has produced the documentary proof of prescription and
the medical certificates vide exhibit-74.
8.21. From the entire evidence, the prosecution has not been
able to pinpoint that because of the cruel behavior of the
accused, the deceased has committed suicide.
8.22. The prosecution has also not been able to prove that
persistent unbearable nature, harassment by the accused has
led the deceased to take the extreme step. The prosecution
has also not been able to prove by independent evidence that
the accused have committed offence under Sections 306,
498(A) and 34 of the Indian Penal Code. The prosecution has
also not been able to prove that the accused have
intentionally aided and instigated the deceased to commit
suicide.
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8.23. The prosecution has also not been able to prove that
there was active and direct act of the accused which drew
the deceased to commit suicide. The trial Court has taken
into consideration the evidence of the prosecution and also
taken into consideration the deposition of Dr.Kamlesh Shah
who was the defence witness no.1, who has been examined
vide exhibit-73, that the deceased herself was suffering from
mental health and was under his treatment.
9.1 The evidence on record and the glaring omission
on the prosecution as pointed out above leaves no room of
doubt that the order passed by the trial Court is as per law.
The trial Court has rightly held that there was no positive
evidence on record to prove that the accused by way of the
conduct or spoken words, overtly or covertly, actually aided
and abetted or instigated the deceased in such a manner
that it leaves no other option for the deceased but to commit
suicide. In the present case, the prosecution has also not
been able to prove the clear motive of the accused to commit
offence of abatement. There is also no close connection
between the accused’s action and the deceased’s choice to
commit suicide. In view of the said fact, the prosecution has
not been able to prove that the accused have stimulated the
deceased to commit suicide.
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9.2 The prosecution has not proved that there was a
clear motive to commit the offence of abatement. The
prosecution has also not proved that the accused proceeded to
encourage and/or irritate the deceased through words or
insults and that the accused intended to urge the deceased to
end it all by committing suicide. The prosecution has also
not been able to prove the direct connection between the
incitement and committal of suicide. The prosecution has also
not been able to prove direct or indirect act of incitement to
the commitment of suicide. The prosecution has also not been
able to prove by accusation of harassment without any
positive action on the part of the accused close to the time
of occurrence that led and forced the deceased to commit
suicide.
9.3 The present matter turns on whether the conduct
attributed to the accused satisfies the legal threshold of
abetment of suicide. Therefore, read as a whole, it can be
said that mere occurrence of a suicide does not automatically
trigger rigours of the Section. The penal consequences under
Section 306 of the Indian Penal Code arise when the
prosecution is able to establish that the accused abetted and
had a role in provoking or facilitating that suicide. Therefore,
this twin test distinction is required to be borne in mind.
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9.4 Abetment, as understood in criminal jurisprudence,
is not a broad moral expression but a term of precise
statutory meaning. Section 107 IPC delineates its contours:
instigation, conspiracy, or intentional aiding. Each of these
modes presupposes active involvement. The law does not
punish omission except in some cases, it punishes intentional
encouragement or positive facilitation of a prohibited act.
9.5 It is therefore not sufficient to show that the
deceased was unhappy, distressed, or subjected to unpleasant
treatment. The jurisprudence developed by the Hon’ble
Supreme Court has consistently underscored that routine
domestic disagreements, suspicion between spouses, or
episodes of harassment do not ipso facto amount to
instigation. Rigours of this Section intervene only where there
is clear evidence of mens rea and a direct causal linkbetween the accused’s conduct and the decision of the
deceased to commit suicide.
9.6 The concept of instigation demands something more
than mere reproach or accusation. It connotes an active
suggestion, an incitement, or conduct of such intensity that it
operates upon the mind of the victim and pushes him or her
toward this drastic and unfortunate step. The prosecution
therefore, must demonstrate either a deliberate intention to
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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.
9.7 No material has been brought on record
demonstrating any proximate act immediately preceding the
suicide which could be construed as instigation. Nor is there
evidence of a positive act amounting to intentional aid. The
essential ingredients of abetment -namely, culpable mental
state coupled with active or proximate conduct-are notestablished.
9.8 On an overall assessment of the evidence, the
prosecution has failed to demonstrate the existence of the
foundational elements necessary to sustain a conviction under
Section 306 IPC.
10. In the case of Mahendra K.C. v. State of
Karnataka and another, [(2022) 2 SCC 129], it has been held
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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.
10.1 In the case of Mahendra Awase v. State of
Madhya Pradesh, 2025 (1) Crimes 347 (SC), the observations
are made with regard to abetment of suicide. It has been
held that in order to bring a case within purview of Section
306 IPC, there must be a case of suicide and in commission
of said offence, person who is said to have abetted
commission of suicide must have played active role by act of
instigation or by doing certain act to facilitate commission of
suicide. It has been further observed that the act of
abetment by person charged with said offence must be proved
and established by prosecution before he could be convicted
under Section 306 IPC. It is further observed that to satisfy
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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.
10.2 In the case of Amalendu Pal alias Jhantu versus
State of West Bengal, (2010) 1 SCC 707, it has been held
that in a case of alleged abetment of suicide, there must be
proof of direct or indirect act(s) of incitement to the
commission of suicide. Merely on the allegation of harassment
without there being any positive action proximate to the time
of occurrence on the part of the accused which led or
compelled the deceased to commit suicide, conviction in terms
of Section 306 IPC would not be sustainable.
10.3 In the case of Rajesh v. State of Haryana, (2020)
15 SCC 359, after considering the provisions of Sections 306
and 107 of IPC, the Court held that conviction under Section
306 IPC is not sustainable on the allegation of harassment
without there being any positive action proximate to the time
of occurrence on the part of the accused which led or
compelled the person to commit suicide.
10.4 In the case of Amudha v. State, 2024 INSC 244,
it was held that there has to be an act of incitement on the
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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.
11. Further, learned APP is not in a position to show
any evidence to take a contrary view in the matter or that
the approach of the Court below is vitiated by some manifest
illegality or that the decision is perverse or that the Court
below has ignored the material evidence on record. In above
view of the matter, this Court is of the considered opinion
that the Court below was completely justified in passing
impugned judgment and order.
12. Considering the impugned judgment, the trial
Court has recorded that there was no direct evidence
connecting the accused with the incident and there are
contradictions in the depositions of the prosecution witnesses.
In absence of the direct evidence, it cannot be proved that
the accused are involved in the offence. Further, the motive
of the accused behind the incident is not established. The
trial Court has rightly considered all the evidence on record
and passed the impugned judgment. The trial Court has
rightly evaluated the facts and the evidence on record.
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13. It is also a settled legal position that in acquittal
appeal, the appellate court is not required to re-write the
judgment or to give fresh reasoning, when the reasons
assigned by the Court below are found to be just and proper.
Such principle is down by the Apex Court in the case of
State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC
1417 wherein it is held as under:
"... This court has observed in Girija
Nandini Devi V. Bigendra Nandini
Chaudhary (1967)1 SCR 93: (AIR 1967 SC
1124) that it is not the duty of the
appellate court when it agrees with the
view of the trial court on the evidence to
repeat the narration of the evidence or to
reiterate the reasons given by the trial
court expression of general agreement with
the reasons given by the Court the decision
of which is under appeal, will ordinarily
suffice.”
14. Thus, in case the appellate court agrees with the
reasons and the opinion given by the lower court, then the
discussion of evidence at length is not necessary.
15. In the case of Ram Kumar v. State of Haryana,
reported in AIR 1995 SC 280, Supreme Court has held as
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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 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 samecannot entirely and effectively be dislodged
or demolished, the High Court should not
disturb the order of acquittal.”
16. As observed by the Hon’ble Supreme Court in the
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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
belief that if it had been the trial Court, it might have
taken a different view.
17. In the case of Chandrappa v. State of Karnataka,
reported in (2007) 4 SCC 415, the Hon’ble Apex Court has
observed as under:
“42. From the above decisions, in our
considered view, the following general
principles regarding powers of the appellate
court while dealing with an appeal against
an order of acquittal emerge:
(1) An appellate court has full power to
review, reappreciate and reconsider the
evidence upon which the order of acquittal
is founded.
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(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”, “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
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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.”
18. The Hon’ble Apex Court, in a recent decision, in
the case of Constable 907 Surendra Singh and Another V/s
State of Uttarakhand reported in (2025) 5 SCC 433, has held
in paragraph 24 as under:
“24. It could thus be seen that it is a settled
legal position that the interference with the
finding of acquittal recorded by the learned
trial Judge would be warranted by the High
Court only if the judgment of acquittal suffers
from patent perversity; that the same is based
on a misreading/omission to consider material
evidence on record; and that no two
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is possible from the evidence available on
record.”
19. Considering the aforesaid facts and circumstances
of the case and law laid down by the Hon’ble Supreme Court
while considering the scope of appeal under Section 378 of
the Code of Criminal Procedure, 1973 no case is made out to
interfere with the impugned judgment and order of acquittal.
20. In view of above facts and circumstances of the
case, on my careful re-appreciation of the entire evidence, I
found that there is no infirmity or irregularity in the
findings of fact recorded by learned trial Court and under
the circumstances, the learned trial Court has rightly
acquitted the respondent/s – accused for the elaborate reasons
stated in the impugned judgment and I also endorse the
view/finding of the learned trial Court leading to the
acquittal.
21. In view of the above and for the reasons stated
above, the present Criminal Appeal fails and the same
deserves to be dismissed and is dismissed, accordingly. Record
& Proceedings be remitted to the concerned trial Court
forthwith.
Sd/-
(SANJEEV J.THAKER,J)
URIL RANA
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