Gujarat High Court
State Of Gujarat vs Omkarbhai Ratanbhai Patel on 29 April, 2026
NEUTRAL CITATION
R/CR.A/934/2014 CAV JUDGMENT DATED: 29/04/2026
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Reserved On : 07/04/2026
Pronounced On : 29/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 934 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE SANJEEV J.THAKER
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
OMKARBHAI RATANBHAI PATEL & ORS.
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Appearance:
MR TIRTHRAJ PANDYA, APP for the Appellant(s) No. 1
MR CHETAN K PANDYA(1973) for the Opponent(s)/Respondent(s) No.
1,2,3,4
RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
CAV JUDGMENT
1. Feeling aggrieved by and dissatisfied with the
judgment and order of acquittal dated 28.02.2014, passed by
the learned Sessions Judge, Tapi at Vyara, in Sessions Case
No.11 of 2013, for the offences punishable under Sections
498(A), 306 and 114 of the Indian Penal Code and Sections 3
and 4 of the Dowry Prohibition Act, the appellant – State of
Gujarat has preferred this appeal under Section 378 of the
Code of Criminal Procedure, 1973 (for short, “the Code”).
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2. The prosecution case as unfolded during the trial
before the Sessions Court, in a nutshell, is that on
20.09.2001 at about 14:00 hours, the respondents have
physically beaten the deceased – Ranjnaben; and that as it
was unbearable, the deceased – Ranjnaben had poured
kerosene at about 15:00 hours on the same day by herself in
a bathroom and set herself ablaze; and that as the deceased
received burn injuries on her whole body, she succumbed to
the injuries. Therefore, a complaint is lodged by the
complainant alleging that during the marriage span of 15
years of the deceased, from last ten years, the in-laws i.e.
the husband, the elder brother of the husband (‘ Jeth’), the
mother-in-law and the sister-in-law ( ‘Jethani’) had been
taunting the deceased regarding dowry, mentally and
physically abused her by finding faults of the deceased and
therefore, the deceased had taken this step.
3. After investigation, sufficient prima facie evidence
was found against the accused person/s and therefore charge-
sheet was filed in the competent criminal Court. Since the
offence alleged against the accused person/s was exclusively
triable by the Court of Sessions, the learned Magistrate
committed the case to the Sessions Court where it came to
be registered as Sessions Case No.11 of 2013. The charge
was framed against the accused person/s. The accused
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pleaded not guilty and came to be tried.
4.1 In order to bring home the charge, the prosecution
has examined 6 witnesses before the trial Court, which are
described in the impugned judgment, which are as under :
Sr. Particulars Exh.
No. No.
1. Fakirabhai Shankarbhai Patel - Witness 17
2. Jitendrabhai Bansilal Gamit - Witness 23
3. Bansilal Laxmanbhai Gamit - Witness 24
4. Dr. Ajitbhai Raghunath Patil - Witness 25
5. Navinchandra Valjibhai Chauhan - Witness 30
6. Kantibhai Karsanbhai Parmar - Police Witness 37
4.2 The prosecution has produced 16 documentary
evidence before the trial Court, which are described in the
impugned judgment, which are as under :
Sr. Particulars Exh.
No. No.
1. Panchanama of Scene of Offence 18
2. Inquest Panchanama by Dhuliya City Police 19
Station
3. Yadi of Dhuliya City Police Station 26
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4. P.M. Note 27
5. Yadi for taking D.D. 31
6. Certificate regarding D.D. 32
7. Complaint of the victim 38
8. List 39
9. Certificate of the Nizar C.H.C. 40
10. Certificate of the Nizar C.H.C. 41
11. Abstract of Nizar Police Station Diary 42
12. Yadi for taking D.D. 43
13. Copy of the certificate of Nizar C.H.C. 44
14. Copy of the FIR of the Nizar Police Station 45
15. Letter of the FSL 46
16. Report of the FSL 47
5. After hearing both the parties and after analysis
of evidence adduced by the prosecution, the learned trial
Judge acquitted the accused for the offences for which the
charge was framed, by holding that the prosecution has failed
to prove the case beyond reasonable doubt.
6. Learned APP for the appellant – State has
pointed out the facts of the case and having taken this Court
through both, oral and documentary evidence, recorded before
the learned trial Court, would submit that the learned trial
Court has failed to appreciate the evidence in true sense and
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perspective; and that the trial Court has committed error in
acquitting the accused. It is submitted that the learned trial
Court ought not to have given much emphasis to the
contradictions and/or omissions appearing in the evidence and
ought to have given weightage to the dots that connect the
accused with the offence in question. It is submitted that the
learned trial Court has erroneously come to the conclusion
that the prosecution has failed to prove its case. It is also
submitted that the learned Judge ought to have seen that
the evidence produced on record is reliable and believable
and it was proved beyond reasonable doubt that the accused
had committed an offence in question. It is, therefore,
submitted that this Court may allow this appeal by
appreciating the evidence led before the learned trial Court.
7. As against that, learned advocate for the
respondent/s would support the impugned judgment passed by
the learned trial Court and has submitted that the learned
trial Court has not committed any error in acquitting the
accused. The trial Court has taken possible view as the
prosecution has failed to prove its case beyond reasonable
doubt. Therefore, it is prayed to dismiss the present appeal
by confirming the impugned judgment and order passed by
the learned trial Court.
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8. In the aforesaid background, considering the oral
as well as documentary evidence on record, independently and
dispassionately and considering the impugned judgment and
order of the trial Court, the following aspects weighed with
the Court :
8.1 The prosecution has mainly relied on the dying
declaration, which is produced vide Exh.33 and the complaint,
which was registered and produced vide Exh.38. If the
complaint/statement given by the deceased (Exh.38) is taken
into consideration, it is the case of the prosecution that the
deceased was married with accused No.1 – Omkarbhai
Ratanbhai Patel; accused No.2 was the brother-in-law (‘ Jeth’)
of the deceased; accused No.3 was the mother-in-law of the
deceased and accused No.4 was the sister-in-law (‘ Jethani’) of
the deceased. The marriage span of the deceased withaccused No.1 was 15-16 years; and that from the said
marriage, they had a son and a daughter. The alleged
incident had taken place on 20.09.2001.
In the complaint/statement (Exh.38), the deceased
had stated that in the initial period of the marriage, there
were cordial relationship, but, thereafter there was mental
and physical harassment from the in-laws without any fault
of the deceased. In the afternoon of the date of the incident
at about 2:00 p.m., all the accused had abused the deceased
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and assaulted her with a stick. Thereafter, because of the
said harassment, she poured kerosene on herself in bathroom
and burned herself.
Accused No.1 and others rushed to the spot and
poured water on her, they took her to the hospital at Village
: Nizar. In the said complaint, there were allegations made
against the accused of mentally harassing the deceased.
8.2 After the deceased was admitted to Nizar hospital,
a yadi was sent by the Superintendent, C.H.C., Nizar,
District : Surat, which is produced vide Exh.32. The said
yadi was sent to the Mamlatdar, Nizar, for making
arrangement to take dying declaration. The said yadi (Exh.32)
also certifies that the deceased is fully conscious and is in a
position to give dying declaration. The same has also been
signed by the Superintendent, C.H.C., Nizar. The said
Doctor/Superintendent, who had certified that the deceased
was conscious and was in a position to give dying
declaration, has not been examined by the prosecution to
prove the fitness of the deceased to give dying declaration.
The same is signed by the Superintendent and is dated
20.09.2001 at 4:00 p.m.
The dying declaration is produced vide Exh.33,
wherein the deceased had made allegation against the
accused of mental and physical harassment. The said dying
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declaration started at 4:00 p.m., on 20.09.2001 and ended at
04:20 p.m. The said dying declaration is also certified by the
doctor that the person, who had given the dying declaration,
was conscious and the said dying declaration has been taken
in the presence of the Medical Officer and he had taken the
thumb impression of the person giving the dying declaration.
The said doctor has also not been examined by the
prosecution. The fact remains that the initial treatment of
the deceased was done at Village : Nizar, District : Surat
and thereafter, as per the advice of the doctor at Nizar, the
patient (the deceased) was referred to the hospital at Dhule,
Maharashtra. The prosecution has failed to examine any of
the doctors, who have initially treated the deceased at Nizar.
8.3 Moreover, it also transpires from the record that
when the deceased was referred to the hospital at Dhule,
Maharashtra, she was treated by the doctor on 20.09.2001
from 7:35 p.m. till she died at 8:55 p.m. on 20.09.2001. The
doctors, who had treated the deceased at Nizar (Surat) and/or
Dhule (Maharashtra), have not been examined by the
prosecution to prove the fitness of the deceased at the time
of giving the dying declaration and/or the treatment that was
given to the deceased at the hospital at Nizar and/or at
Dhule. Therefore, the prosecution has failed to prove the
mental fitness of the deceased by examining the doctors.
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8.4 The learned Sessions Court has also taken into
consideration that there was a dying declaration which was
also taken by the Executive Magistrate at Dhule,
Maharashtra, as the same can be ascertained from the
application given by the prosecution to issue summons to the
Executive Magistrate at Dhule, Maharashtra to bring the
dying declaration along with him. The said application is on
record at Exh.48, which was granted by the Sessions Court.
But, thereafter, there is nothing on the record to show as to
what has been stated in the said dying declaration before the
said Executive Magistrate at Dhule, Maharashtra.
Moreover, if a closing purshish of the prosecution,
which is produced before the Sessions Court vide Exh.50 is
taken into consideration, it transpires that the Public
Prosecutor had sought for summoning the doctor at the
hospital at Dhule and also the doctor at C.H.C., Nizar,
however, the Public Prosecutor has not taken appropriate
steps thereafter to see that the said witnesses are examined
in the present case.
The fact remains that the first dying declaration
has been recorded by the Executive Magistrate, Nizar,
District : Surat on the day of incident i.e. on 20.09.2001. The
prosecution has produced the said dying declaration vide
Exh.27. On the very same day, where the deceased was
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referred to the hospital for further treatment at Dhule
(Maharashtra), the second dying declaration has been recorded
by the Executive Magistrate, Dhule (Maharashtra), where the
deceased had expired during the treatment on the same day
i.e. on 20.09.2001, at 8:55 p.m. Therefore, it can be presumed
that the second dying declaration has also taken place on
20.09.2001, but, the prosecution has failed to produce the
same.
Moreover, though the Superintendent at Nizar has
made an endorsement that the patient is conscious and is in
a position to give the dying declaration, but the said doctor,
who had opined the same about fitness of the deceased, has
not been examined by the prosecution in support of its case.
8.5 It would be fruitful to refer to the decision of the
Hon’ble Apex Court in the case of Sampat Babso Kale and
Another versus State of Maharashtra reported in (2019) 4
SCC 739, more particularly para : 15 thereof, which reads as
under :
“15. No doubt, a dying declaration is an
extremely important piece of evidence and
where the Court is satisfied that the dying
declaration is truthful, voluntary and not a
result of any extraneous influence, the CourtPage 10 of 29
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can convict the accused only on the basis of
a dying declaration. We need not refer to the
entire law but it would be apposite to refer
to the judgment of this Court in the case of
Sham Shankar Kankaria v. State of
Maharashtra, (2006) 13 SCC 165 held as
follows :
“11. Though a dying declaration is
entitled to great weight, it is
worthwhile to note that the
accused has no power of cross-
examination. Such a power is
essential for eliciting the truth as
an obligation of oath could be.
This is the reason the court also
insists that the dying declaration
should be of such a nature as to
inspire full confidence of the court
in its correctness. The court has
to be on guard that the statement
of deceased was not as a result
of either tutoring or prompting or
a product of imagination. The
court must be further satisfied
that the deceased was in a fit
state of mind after a clear
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opportunity to observe and
identify the assailant. Once the
court is satisfied that the
declaration was true and
voluntary, undoubtedly, it can
base its conviction without any
further corroboration. It cannot be
laid down as an absolute rule of
law that the dying declaration
cannot form the sole basis of
conviction unless it is
corroborated. The rule requiring
corroboration is merely a rule of
prudence....." "
8.6 Therefore, though the dying declaration is entitled
to great weightage, but the fact remains that the prosecution
has failed to prove that the deceased was fit to give dying
declaration. In view of the fact that even in the deposition of
the said Executive Magistrate, he has relied on the opinion
given by the Medical Officer, which is produced vide Exh.32.
Therefore, though the entire case of the prosecution revolves
on the dying declaration, but the prosecution has failed to
prove that the deceased was mentally fit to give the dying
declaration.
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8.7 The prosecution has examined Fakirabhai Patel as
P.W.1, vide Exh.17, who was the neighbour and who was
present at his house when he came to know that the
deceased had burnt herself. He, in his deposition, states that
the deceased was first taken to Nizar hospital and thereafter,
for further treatment, she was referred to the hospital at
Dhule (Maharashtra). He is not aware as to how the
deceased was kept at her Nizar home. He is also not aware
that the deceased was harassed at her matrimonial home.
8.8 The brother of the deceased viz., Jitendrabhai
Bansilal Gamit has been examined as P.W.2, vide Exh.23. He
has turned hostile and has not supported the case of the
prosecution. He has stated that there were cordial relation
between the deceased and accused; and that the deceased
had informed the complainant about the ill-treatment givenby the accused on the deceased; and that he is not aware as
to what was the reason for the deceased to commit the
suicide. He has denied the fact that the deceased had
committed suicide because of the harassment of the accused.
8.9 The father of the deceased viz., Bansilal
Laxmanbhai Patel, who has been examined as P.W.3, vide
Exh.24, has also turned hostile and has not supported the
case of the prosecution. He has also stated that there were
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cordial relation between the deceased and the accused; and
that he is not aware as to what was the reason for the
deceased to commit the suicide.
8.10 The prosecution has examined Dr.Ajitbhai
Raghunath Patil as P.W.4, vide Exh.25, who was on duty as
a Medical Officer and Forensic Medicines and Toxicologist at
the Medical College and Government Hospital, Dhulia
(Maharashtra). He had conducted the postmortem of the
deceased on 21.09.2001 at about 10:15 hours. The said
postmortem report is produced vide Exh.27. It states that the
deceased has expired due to ‘shock following thermal burns’.
The prosecution has also produced the FSL report vide
Exh.47.
8.11 The Executive Magistrate viz., Navinchandra
Valjibhai Chauhan has been examined as P.W.5, vide Exh.30,
who had taken the dying declaration. He had relied on the
Medical Officer’s opinion that the deceased was fit to give
dying declaration.
Further, in his cross-examination, the said witness
has stated that the deceased had named her sister-in-law
(‘Jethani’) for the torture, but, thereafter he admits that in
the dying declaration, the deceased has not mentioned the
name of the sister-in-law (‘Jethani’).
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8.12 The P.S.I., Nizar viz., Kantibhai Karshanbhai
Parmar has been examined as P.W.6, vide Exh.37. The
complaint, produced vide Exh.38, has been taken in his
presence. The Station Diary Entry No.13 is produced vide
Exh.32. The Sessions Court has taken into consideration the
fact that the prosecution has failed to prove that the accused
are guilty of the offences as alleged.
8.13 Further, the family members of the deceased have
categorically stated that there was no harassment by the
accused to the deceased; and that the deceased has not
committed suicide because of the alleged harassment by the
accused. Moreover, the Sessions Court has rightly held that
in view of the fact that the dying declaration states that the
deceased had committed suicide because of the harassment ofthe deceased, but the prosecution has failed to prove that the
deceased was fit to give the said statement. Further, the
prosecution has also not been able to prove that the deceased
was in a fit state of mind while giving the dying declaration
in absence of the deposition of the medical officers, who have
endorsed in the yadi (Exh.31) and in the dying declaration
(Exh.27). The said medical officers have not been examined to
know the state of mind and the treatment that was given to
the deceased at the time when she had given the dying
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declaration. Though it is not a matter of rule that the said
doctors, who had opined that the deceased was conscious and
in a fit state of mind while giving the dying declarations, are
required to be examined, but the fact remains that there is
no independent opinion of the Executive Magistrate that the
deceased was in a fit state of mind to give the dying
declaration and the Executive Magistrate has only relied on
the opinion given by the Medical Officer at Nizar and the
said Medical Officer having not been examined, the
prosecution has failed to prove the offence against the
accused.
8.14 Moreover, it also transpires that there were two
dying declarations; one which has been recorded at Nizar and
second at Dhule, but the prosecution having not placed on
record the dying declaration recorded at Dhule, Maharashtra,the Sessions Court has rightly acquitted the accused, in view
of the fact that the prosecution has not been able to prove
that in the dying declaration which has been the last in
point of time, the deceased had made accusation against the
accused of the offence. Neither the Executive Magistrate at
Dhule nor the treating doctor at Dhule where the deceased
was admitted and was treated has been examined by the
prosecution in support of its case.
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8.15 In view of the entire evidence and the
contradictions and discrepancies found therein, the learned
Sessions Court had acquitted the accused, which in the
opinion of this Court, is not required to be interfered with.
9.1 The evidence on record and the glaring omission
on the prosecution as pointed out above leaves no room of
doubt that the order passed by the trial Court is as per law.
The trial Court has rightly held that there was no positive
evidence on record to prove that the accused by way of the
conduct or spoken words, overtly or covertly, actually aided
and abetted or instigated the deceased in such a manner
that it leaves no other option for the deceased but to commit
suicide. In the present case, the prosecution has also not
been able to prove the clear motive of the accused to commit
offence of abatement. There is also no close connectionbetween the accused’s action and the deceased’s choice to
commit suicide. In view of the said fact, the prosecution has
not been able to prove that the accused have stimulated the
deceased to commit suicide.
9.2 The prosecution has not proved that there was a
clear motive to commit the offence of abatement. The
prosecution has also not proved that the accused proceeded to
encourage and/or irritate the deceased through words or
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insults and that the accused intended to urge the deceased to
end it all by committing suicide. The prosecution has also
not been able to prove the direct connection between the
incitement and committal of suicide. The prosecution has also
not been able to prove direct or indirect act of incitement to
the commitment of suicide. The prosecution has also not been
able to prove by accusation of harassment without any
positive action on the part of the accused close to the time
of occurrence that led and forced the deceased to commit
suicide.
9.3 The present matter turns on whether the conduct
attributed to the accused satisfies the legal threshold of
abetment of suicide. Therefore, read as a whole, it can be
said that mere occurrence of a suicide does not automatically
trigger rigours of the Section. The penal consequences under
Section 306 of the Indian Penal Code arise when the
prosecution is able to establish that the accused abetted and
had a role in provoking or facilitating that suicide. Therefore,
this twin test distinction is required to be borne in mind.
9.4 Abetment, as understood in criminal jurisprudence,
is not a broad moral expression but a term of precise
statutory meaning. Section 107 IPC delineates its contours:
instigation, conspiracy, or intentional aiding. Each of these
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modes presupposes active involvement. The law does not
punish omission except in some cases, it punishes intentional
encouragement or positive facilitation of a prohibited act.
9.5 It is therefore not sufficient to show that the
deceased was unhappy, distressed, or subjected to unpleasant
treatment. The jurisprudence developed by the Hon’ble
Supreme Court has consistently underscored that routine
domestic disagreements, suspicion between spouses, or
episodes of harassment do not ipso facto amount to
instigation. Rigours of this Section intervene only where there
is clear evidence of mens rea and a direct causal link
between the accused’s conduct and the decision of the
deceased to commit suicide.
9.6 The concept of instigation demands something more
than mere reproach or accusation. It connotes an active
suggestion, an incitement, or conduct of such intensity that it
operates upon the mind of the victim and pushes him or her
toward this drastic and unfortunate step. The prosecution
therefore, must demonstrate either a deliberate intention to
drive the deceased to suicide or knowledge that the conduct
in question was likely to produce that consequence. Equally
indispensable is the requirement of proximity. The law insists
on a live and immediate nexus between the acts complained
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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 thefoundational elements necessary to sustain a conviction under
Section 306 IPC.
10. In the case of Mahendra K.C. v. State of
Karnataka and another, [(2022) 2 SCC 129], it has been held
by the Hon’ble Supreme Court that the essence of abetment
lies in instigating a person to do a thing or the intentional
doing of that thing by an act or illegal omission. Instigation
is to goad, urge forward, provoke, incite or encourage to do
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“an act”. To satisfy the requirement of instigation though it
is not necessary that actual words must be used to that
effect or what constitutes instigation must necessarily and
specifically be suggestive of the consequence. Yet a reasonable
certainty to incite the consequence must be capable of being
spelt out. A word uttered in the fit of anger or emotion
without intending the consequences to actually follow cannot
be said to be instigation.
10.1 In the case of Mahendra Awase v. State of
Madhya Pradesh, 2025 (1) Crimes 347 (SC), the observations
are made with regard to abetment of suicide. It has been
held that in order to bring a case within purview of Section
306 IPC, there must be a case of suicide and in commission
of said offence, person who is said to have abetted
commission of suicide must have played active role by act of
instigation or by doing certain act to facilitate commission of
suicide. It has been further observed that the act of
abetment by person charged with said offence must be proved
and established by prosecution before he could be convicted
under Section 306 IPC. It is further observed that to satisfy
requirement of instigation, accused by his act or omission or
by a continued course of conduct should have created such
circumstances that deceased was left with no other option,
except to commit suicide.
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10.2 In the case of Amalendu Pal alias Jhantu versus
State of West Bengal, (2010) 1 SCC 707, it has been held
that in a case of alleged abetment of suicide, there must be
proof of direct or indirect act(s) of incitement to the
commission of suicide. Merely on the allegation of harassment
without there being any positive action proximate to the time
of occurrence on the part of the accused which led or
compelled the deceased to commit suicide, conviction in terms
of Section 306 IPC would not be sustainable.
10.3 In the case of Rajesh v. State of Haryana, (2020)
15 SCC 359, after considering the provisions of Sections 306
and 107 of IPC, the Court held that conviction under Section
306 IPC is not sustainable on the allegation of harassment
without there being any positive action proximate to the time
of occurrence on the part of the accused which led or
compelled the person to commit suicide.
10.4 In the case of Amudha v. State, 2024 INSC 244,
it was held that there has to be an act of incitement on the
part of the accused proximate to the date on which the
deceased committed suicide. The act attributed should not
only be proximate to the time of suicide but should also be
of such a nature that the deceased was left with no
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alternative but to take the drastic step of committing suicide.
11. Further, learned APP is not in a position to show
any evidence to take a contrary view in the matter or that
the approach of the Court below is vitiated by some manifest
illegality or that the decision is perverse or that the Court
below has ignored the material evidence on record. In above
view of the matter, this Court is of the considered opinion
that the Court below was completely justified in passing
impugned judgment and order.
12. Considering the impugned judgment, the trial
Court has recorded that there was no direct evidence
connecting the accused with the incident and there are
contradictions in the depositions of the prosecution witnesses.
In absence of the direct evidence, it cannot be proved that
the accused are involved in the offence. Further, the motive
of the accused behind the incident is not established. The
trial Court has rightly considered all the evidence on record
and passed the impugned judgment. The trial Court has
rightly evaluated the facts and the evidence on record.
13. It is also a settled legal position that in acquittal
appeal, the appellate court is not required to re-write the
judgment or to give fresh reasoning, when the reasons
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assigned by the Court below are found to be just and proper.
Such principle is down by the Apex Court in the case of
State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC
1417 wherein it is held as under :
"... This court has observed in Girija
Nandini Devi V. Bigendra Nandini
Chaudhary (1967)1 SCR 93: (AIR 1967 SC
1124) that it is not the duty of the
appellate court when it agrees with the
view of the trial court on the evidence to
repeat the narration of the evidence or to
reiterate the reasons given by the trial
court expression of general agreement with
the reasons given by the Court the decision
of which is under appeal, will ordinarily
suffice.”
14. Thus, in case the appellate court agrees with the
reasons and the opinion given by the lower court, then the
discussion of evidence at length is not necessary.
15. In the case of Ram Kumar v. State of Haryana,
reported in AIR 1995 SC 280, Supreme Court has held as
under:
“The powers of the High Court in an appeal
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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
reported in (2011) 11 SCC 444 and in the case of
Bhaiyamiyan Alias Jardar Khan and Another vs. State of
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Madhya Pradesh reported in (2011) 6 SCC 394, while dealing
with the judgment of acquittal, unless reasoning by the trial
Court is found to be perverse, the acquittal cannot be upset.
It is further observed that High Court’s interference in such
appeal in somewhat circumscribed and if the view taken by
the trial Court is possible on the evidence, the High Court
should stay its hands and not interfere in the matter in the
belief that if it had been the trial Court, it might have
taken a different view.
17. In the case of Chandrappa v. State of Karnataka,
reported in (2007) 4 SCC 415, the Hon’ble Apex Court has
observed as under:
“42. From the above decisions, in our
considered view, the following general
principles regarding powers of the appellate
court while dealing with an appeal against
an order of acquittal emerge:
(1) An appellate court has full power to
review, reappreciate and reconsider the
evidence upon which the order of acquittal
is founded.
(2) The Criminal Procedure Code, 1973 puts
no limitation, restriction or condition on
exercise of such power and an appellatePage 26 of 29
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court on the evidence before it may reach
its own conclusion, both on questions of fact
and of law.
(3) Various expressions, such as, “substantial
and compelling reasons”, “good and sufficient
grounds”, “very strong circumstances”,
“distorted conclusions”, “glaring mistakes”,
etc. are not intended to curtail extensive
powers of an appellate court in an appeal
against acquittal. Such phraseologies are
more in the nature of “flourishes of
language” to emphasise the reluctance of an
appellate court to interfere with acquittal
than to curtail the power of the court to
review the evidence and to come to its own
conclusion.
(4) An appellate court, however, must bear
in mind that in case of acquittal, there is
double presumption in favour of the accused.
Firstly, the presumption of innocence is
available to him under the fundamental
principle of criminal jurisprudence that
every person shall be presumed to be
innocent unless he is proved guilty by a
competent court of law. Secondly, the
accused having secured his acquittal, the
presumption of his innocence is further
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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.
(SANJEEV J.THAKER,J)
SRILATHA
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