Gujarat High Court
State Of Gujarat vs Hiteshbhai Natubhai Rao on 15 April, 2026
NEUTRAL CITATION
R/CR.A/1390/2012 CAV JUDGMENT DATED: 15/04/2026
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Reserved On : 02/04/2026
Pronounced On : 15/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1390 of 2012
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STATE OF GUJARAT
Versus
HITESHBHAI NATUBHAI RAO & ANR.
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Appearance:
MR YUVRAJ BRAHMBHATT, APP for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 1,2
MR AMRISH S BAROT(3551) for the Opponent(s)/Respondent(s) No. 1,2
MR PAWAN A BAROT(6455) for the Opponent(s)/Respondent(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
CAV JUDGMENT
1. Feeling aggrieved by and dissatisfied with the
judgment and order of acquittal dated 14.05.2012, passed by
the learned Additional Sessions Judge, Kheda at Nadiad, in
Sessions Case No.166 of 2010 for the offences punishable
under Sections 498(A) 306 and 114 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 deceased was married to
accused No.1 and was residing at her matrimonial home
along with the other accused. It is alleged that after the
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marriage, she was subjected to ill-treatment and harassment
on account of domestic issues and monetary demands. On
several occasions, she had gone to her parental home and
narrated the alleged harassment to her family members.
Subsequently, she returned to her matrimonial home.
Thereafter, it came to the notice of her family that she had
consumed a poisonous substance and was first taken for
treatment to a hospital at Nadiad and thereafter shifted to a
hospital at Ahmedabad, where she remained under treatment.
During the course of treatment, she passed away. Thereafter,
the complaint came to be lodged and investigation was set
into motion.
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.166 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
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has examined 15 witnesses and also produced 16
documentary evidence before the Trial Court, which are
described in the impugned judgment as under:
Oral Evidence
Sr. Name of Witness Exhibit
No. No.
1 Ravjibhai Chhotabhai Barot (Complainant – 13
father of the deceased)
2 Sharmishthaben alias Niruben Ravjibhai Barot 14
(Mother of the deceased)
3 Amit Ravjibhai Barot (Brother of the deceased) 15
4 Ayubkhan Mehubkhan Pathan (Neighbour of the 16
complainant)
5 Siraj Sattarbhai Vora (Neighbour of the 17
complainant)
6 Hitesh Hargovindbhai Barot (Distant relative of 18
the complainant)
7 Kartik Chandrakantbhai Shah (Executive 20
Magistrate – recorded dying declaration)
8 Rameshbhai Bijalbhai Makwana (Head 23
Constable)
9 Ajitsinh Kishorsinh Vaghela (Investigating 25
Officer)
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10 Dr. Harjitsinh Sohansingh Dumra (Treating 27
Doctor)
11 Dr. Jignesh Namdevbhai Purohit (Treating 29
Doctor)
12 Dr. Digvijay Ranchhodbhai Vaghela (Post-mortem 31
Doctor)
13 Head Constable Chhaganbhai Micharabhai Gamit 35
(Officer who registered the offence)
14 PSI Zaheerhusen Gulamrasul Malek 39
(Investigating Officer)
15 PSI Bhagwanbhai Khengarbhai Rabari 46
(Investigating Officer)
Documentary Evidence
Sr. Details of Document Exhibit
No. No.
1 Original Complaint 14
2 Panchnama of the scene of offence 9
3 Inquest Panchnama 10
4 Dying Declaration 11
5 Medical Certificate of treatment at Mahagujarat 22
Hospital
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6 Medical Certificate of treatment at Sterling 30
Hospital
7 Post-mortem Form 29
8 Post-mortem Report 26
9 Cause of Death Certificate 32
10 Receipt of handing over the dead body 33
11 FSL Mobile Van Report 40
12 Letter addressed to FSL, Ahmedabad 41
13 Forwarding Note 42
14 FSL Acknowledgment Receipt 43
15 Letter from FSL 44
16 FSL Report 45
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
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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
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
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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 alleged incident had taken place on 20.06.2010,
whereby the deceased had consumed aluminium phosphate
and the deceased expired on 22.06.2010. The prosecution has
mainly relied on the complaint that has been filed by the
father of the deceased wherein it has been stated that the
marriage of the deceased and accused no.1 had taken place
on 19.01.2009 at Nadiad, the matrimonial home of the
deceased was Nadiad, the deceased used to come regularly at
her parental house and it has been stated in the complaint
that after marriage when the deceased used to come to her
parental house, she used to inform the complainant i.e. the
father of the deceased, the mother of the deceased and
brother Amit that the accused used to demand money from
the deceased and used to tell the deceased to bring an
amount of Rs.5 lakhs from her parental house and it has
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been stated in the complaint that when the deceased refused
to bring the said amount, she was physically assaulted by
the accused and the accused used to taunt her and physically
and mentally harass her and she used to also say that as it
was a love marriage, she does not want to take any step. It
has also been stated in the complaint that because of the
harassment of the accused, deceased had gone to London on
a student visa and had stayed with her brother Ajay and
used to inform his brother Ajay, about the physical and
mental harassment, which has been done by the accused
no.1. It is also been stated in the complaint that accused
no.1 used to regularly call the deceased when she was at
London and because of the love which deceased had towards
accused no.1, deceased came back from London on 27.05.2010
and after she returned from London, again accused no.2 used
to harass the deceased and the deceased used to call her
younger brother Amit on the phone to inform him about the
said harassment. The fact remains that the prosecution has
failed to produce the call records with respect to the said
fact and in the complaint, it has been stated that because of
the aforesaid harassment, deceased committed suicide and
initially, she was admitted at Maha Gujarat Hospital, Nadiad
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and thereafter shifted to Sterling Hospital, Ahmedabad as her
situation worsened and thereafter she expired on 22.06.2010.
The Yadi was sent to the Executive Magistrate which has
been produced vide exhibit-21 and there is an endorsement
on the said Yadi produced vide exhibit-21 that the patient is
conscious and able to give statement at this point of time
and the time that has been mentioned is 04.35 pm on
21.06.2010 and it states that the same has been signed by
Dr.Vipul. The fact remains that the said doctor has not been
examined by the prosecution to prove that the patient was
conscious and able to give statement on 21.06.2010 at 4.35
hours. The original dying declaration has been produced vide
exhibit-22, wherein it has been stated that the dying
declaration had started at 18.05 hours and ended at 18.25
hours and the Executive Magistrate has relied on the opinion
given by the doctor that the patient was conscious to give
dying declaration. The fact remains that neither the said
doctor has been examined nor there is any statement in the
said dying declaration that the Executive Magistrate himself
has verified and had opined that the patient was conscious
and fit to give dying declaration.
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8.2. If the said dying declaration produced vide exhibit-22 is
taken into consideration, the dying declaration specifically
states at question No.13 that, nobody has physically and
mentally harassed the deceased, nobody has tried to kill and/
or instigate the deceased to commit suicide, nobody has tried
to forcefully poison the deceased. When the question that was
asked about the incident, the deceased had specifically stated
that in her house there are two rooms, in different rooms
there are TV and in her room as her husband was watching
TV and as she was feeling sleepy and at that time, she
wanted to take B-complex medicine, she had gone to the
kitchen to take B-complex medicine in liquid format and at
that time rat poison was also there, which she had taken by
mistake instead of taking B-complex liquid. She has also
stated that her husband and mother-in-law are nice people,
therefore the said dying declaration also does not make any
allegation against the deceased.
8.3. The deceased expired on 22.06.2010 and the postmortem
report which is produced vide exhibit-32 states that the cause
of death is respiratory failure as a result of aluminium
phosphate poisoning.
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8.4. The father of the deceased Ravjibhai Barot has been
examined as P.W.1 vide exhibit-13. In his deposition, the
father had stated that after the marriage the deceased used
to come for 5 days at her parental house and before the
deceased left for London on a student visa, she had come to
her parental house and the accused no.1 had come to the
parental house to get the deceased and after the said
incident i.e. after accused no.1 came to take the deceased, till
the time she expired, the father of the deceased has not met
the deceased.
8.5. The mother of the deceased Sharmishtaben @ Niruben
has been examined as P.W.2 vide exhibit-14. In her
deposition she is stating contrary to what has been stated by
her husband, wherein she has stated that the deceased did
not come to her parental house and the fact that deceased
was harassed by the accused for dowry, was informed to her
by her son Amit, after the death of the deceased therefore,
there is clear contradiction between the deposition of the
father of the deceased and the mother of the deceased with
respect to the fact that the deceased used to regularly come
to her parental house and also on the fact that the deceased
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herself had informed of demand of dowry by the accused as
the mother of the deceased herself states that, she came to
know about the said fact only after her son Amit had
informed her.
8.6. The prosecution has thereafter examined P.W.3 vide
Exhibit 15, who is the brother of the deceased. In cross-
examination, this witness admitted that his sister had a love
marriage with the accused no.1, and that their parents were
not agreeable to the same. He stated that whenever he
visited his sister at her matrimonial home, she did not face
any difficulties and no demand for money or any financial
articles was made. He further stated that he was present at
his daughter’s wedding, and from the beginning till the
conclusion of the ceremony, no financial demand was made to
him. Even when his sister returned from London, she went
directly to her matrimonial home. This witness has also
admitted in cross-examination that he had not lodged any
complaint with the police regarding any alleged harassment of
deceased. He has further stated that after his sister’s death,
he was angry with the accused. Therefore, there is a
contradiction in the said deposition given by the brother of
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the deceased.
8.7. The prosecution has thereafter examined the neighbour
at the parental home of the deceased Aiyubkhan
Mehboobkhan Pathan vide exhibit-16 as P.W.4. He in his
deposition has stated that he had never gone to the
matrimonial home of the deceased and has stated that the
deceased married accused no.1 as per the wish of the parents
of the deceased. The said fact is totally contradicting to the
deposition of the father, mother and brother of the deceased,
who have categorically stated that initially they had not
approved the marriage of the deceased with accused no.1.
8.8. The other neighbour of the deceased Siraj Sattarbhai
Vora has been examined as P.W.5 vide exhibit-17. In his
examination-in-chief, he has stated that he resides in Changa
village and that Ravjibhai Barot lives in his locality. He has
further stated that Ravjibhai’s daughter, was married to
Accused no.1 in Nadiad, after which she resided at her
matrimonial home and used to frequently visit her parental
home. This witness has clearly stated that deceased had not
personally told him anything. He came to know, through her
father, that the accused were demanding Rs.5 lakh. Thus,
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this witness is a hearsay witness.
8.9. The distant relative of the deceased Hiteshbhai Barot
has been examined as P.W.6 vide exhibit-18. In his
examination-in-chief, he has stated that the complainant,
Ravjibhai, is his distant relative and they belong to the same
community. He has further stated that Ravjibhai’s daughter,
had a love marriage with accused no.1 at Nadiad. After the
marriage, she used to frequently visit her parental home. He
has also stated that, in his presence as well as in the
presence of other members of the complainant’s family, she
had spoken about the accused demanding Rs.5 lakhs.
However, in his cross-examination, this witness has admitted
that whatever knowledge he had was based on internal
family discussions. It does not appear that deceased had
personally informed him about any harassment or demand
made upon her.. He has also stated that he never went to
the matrimonial home of the deceased and he has not met
the deceased alone after her marriage.
8.10. The Executive Magistrate Kartik Shah has been
examined as P.W.7 vide exhibit-20. In his cross-examination
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it is admitted that in the dying declaration, the deceased had
specifically stated that there was no harassment by the
accused and she had consumed the poison by mistake,
thinking that it was liquid form of B-complex medicine.
8.11. The Head constable at Vastarapur police station
Ramesh Mukwana has been examined as P.W.8 vide exhibit-
23. He had taken the statement vide exhibit-24.
8.12. The PSI Vastarapur Ajitbhai Vaghela has been
examined as P.W.9 vide exhibit-25. He had gone after the
deceased expired. The PM receipt has been produced vide
exhibit-10. He had accepted the body of the deceased and
also had taken statement of the father of the deceased.
8.13. Dr.Harjitsinh Dumra who had given the certificate
declaring the deceased dead has been examined as P.W.10
vide exhibit-27. The said doctor was serving at Sterling
hospital and the certificate has been produced vide exhibit-28.
8.14. Dr. Jignesh Purohit has been examined as P.W.11 vide
Exhibit 29. He has stated that on 20.06.2010, while he was
on night duty at Maha Gujarat Hospital, Nadiad, deceased
was brought there for treatment. In his examination-in-chief,
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he stated that at that time the patient was conscious and
oriented. He provided all necessary immediate treatment, and
the patient was kept in the ICU. In his cross-examination,
he has stated that no history was given by deceased
indicating that she had consumed poison due to any
harassment.
8.15. Dr.Digvijay Vaghela has been examined as P.W.12 vide Exhibit
31, who was associated with forensic medicine department, VS
General Hospital and who had carried out the postmortem
has been examined as P.W.12 vide exhibit-31. The station
diary has been produced vide exhibit-36 and the PSO
Nadiyad-Chagan Gamit has been examined as P.W.13 vide
exhibit-35.
8.16. The PSO who had registered the offence in the station
diary, which has been produced vide exhibit-38 has been
examined at exhibit-37-Ambalal Parmar examined as P.W.14.
The Police Sub-inspector and I.O. has been examined as
P.W.15 vide exhibit-34. The FSL report is produced vide
exhibit-14. The PSI Nadiyad West Police station Bhagwanbhai
Rabari has been examined as P.W.15 vide exhibit 46.
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8.17. If the entire case of the prosecution is taken into
consideration, the dying declaration does not state that the
deceased was instigated by the accused to commit suicide.
The father of the deceased has categorically stated in his
cross-examination that he did not approve the marriage of
the deceased and accused no.1. He in his complaint has
stated that the accused had poisoned the deceased and does
not state that the deceased consumed poison because of the
instigation of the accused and that the deceased was so
harassed that there was no other option for the deceased but
to commit suicide.
8.18. With respect to the allegations of demand of Rs.5 lakhs,
there is also a contradiction in the said statement, in view of
the fact that in the complaint it has been stated that the
accused used to demand the said amount of Rs.5 lakhs and
in the deposition, the father of the deceased states that the
said amount was demanded by the accused for starting a
business. It also transpired that only before the deceased had
gone to London, at that time, the father of the deceased had
talked to the deceased. The Sessions Court has also taken
into consideration the fact that neither the deceased nor her
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parents have ever complained of any harassment or demand
of dowry during the lifetime of the deceased.
8.19. Moreover, it is also coming on record that, the parents
of the deceased were not present at the time of the marriage
of the deceased and accused no.1 and after the deceased
returned from London, she had straightway gone to her
matrimonial home and if the facts that have been stated by
the parents and the brother of the deceased are true, after
coming back from London, the deceased would have gone to
her parental house and would not have gone to her
matrimonial home. The other factor, which also will have to
be taken into consideration is that the complainant has
stated that both the accused used to demand dowry, whereas
the mother of the deceased has stated that only accused no.2
i.e. the mother of the deceased used to demand dowry,
whereas the brother of the deceased-Amitbhai has stated that
accused no.1 only demanded dowry for his business. The
Trial Court has also taken into consideration that after
marriage, it has been admitted by the mother of the
deceased that the deceased had not come to her parental
house, whereas the brother has stated that after coming back
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from London the deceased had not come to her parental
house. Therefore, there are contradictions and discrepancies in
the evidence. The prosecution has not been able to prove the
case even by the evidence of the neighbours. Even
considering the dying declaration and the evidence placed on
record by the police officers, the prosecution has not been
able to prove the case against the accused.
9.1 The evidence on record and the glaring omission
on the prosecution as pointed out above leaves no room of
doubt that the order passed by the trial Court is as per law.
The trial Court has rightly held that there was no positive
evidence on record to prove that the accused by way of the
conduct or spoken words, overtly or covertly, actually aided
and abetted or instigated the deceased in such a manner
that it leaves no other option for the deceased but to commit
suicide. In the present case, the prosecution has also not
been able to prove the clear motive of the accused to commit
offence of abatement. There is also no close connection
between the accused’s action and the deceased’s choice to
commit suicide. In view of the said fact, the prosecution has
not been able to prove that the accused have stimulated the
deceased to commit suicide.
9.2 The prosecution has not proved that there was a
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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.
9.4 Abetment, as understood in criminal jurisprudence,
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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 link
between the accused’s conduct and the decision of thedeceased to commit suicide.
9.6 The concept of instigation demands something more
than mere reproach or accusation. It connotes an active
suggestion, an incitement, or conduct of such intensity that it
operates upon the mind of the victim and pushes him or her
toward this drastic and unfortunate step. The prosecution
therefore, must demonstrate either a deliberate intention to
drive the deceased to suicide or knowledge that the conduct
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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 not
established.
9.8 On an overall assessment of the evidence, the
prosecution has failed to demonstrate the existence of the
foundational elements necessary to sustain a conviction under
Section 306 IPC.
10. In the case of Mahendra K.C. v. State of
Karnataka and another, [(2022) 2 SCC 129], it has been held
by the Hon’ble Supreme Court that the essence of abetment
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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
requirement of instigation, accused by his act or omission or
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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
part of the accused proximate to the date on which the
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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
under:
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“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
case of Rajesh Singh & Others vs. State of Uttar Pradesh
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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.
(2) The Criminal Procedure Code, 1973 puts
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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
competent court of law. Secondly, the
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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
reasonable views are possible and only the
view consistent with the guilt of the accused
is possible from the evidence available on
record.”
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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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