Case Note & Summary
The applicant, Jesabhai Dosabhai Bhatu, the father of the deceased Nathiben alias Nitaben, filed a criminal revision application before the Gujarat High Court challenging the judgment and order of acquittal dated 13.10.2005 passed by the learned Presiding Officer, Fast Track Court No.1, Jamkhambhalia in Sessions Case No.60 of 2004. The Trial Court had acquitted the accused (respondents No.2 to 4) of charges under Sections 498A, 306, 304B, 201 and 114 of the Indian Penal Code (IPC). The marriage of the deceased was solemnized with Dilipbhai Hamirbhai on 23.02.2004. The complainant alleged that the in-laws were dissatisfied with the dowry brought and subjected the deceased to mental and physical cruelty, compelling her to commit suicide. The dead body was cremated without post-mortem. A complaint was lodged on 02.05.2004. After investigation, charge-sheet was filed and the case was committed to Sessions Court. The Trial Court framed charges, recorded pleas, and abated proceedings against accused No.2. The prosecution examined 9 witnesses and relied on documentary evidence. The Trial Court acquitted the accused, leading to the revision. The High Court examined the scope of revisional jurisdiction against acquittal, noting that interference is warranted only if the judgment is perverse, illegal, or based on no evidence. The Court found that the Trial Court had properly appreciated the evidence, noted contradictions in the depositions of prosecution witnesses, and concluded that the prosecution failed to prove the essential ingredients of dowry death under Section 304B IPC, particularly the demand for dowry soon before death. The presumption under Section 113B of the Evidence Act could not be invoked as foundational facts were not established. The Court also noted that the case had abated against one accused. The High Court held that the Trial Court's findings were plausible and not perverse, and dismissed the revision application.
Headnote
A) Criminal Procedure Code - Revision against acquittal - Scope of interference - The High Court in revisional jurisdiction can interfere only if the judgment of acquittal is perverse, illegal, or based on no evidence, and not merely because a different view is possible. (Paras 1-10) B) Indian Penal Code, 1860 - Section 304B - Dowry death - Ingredients - The prosecution must prove that the death occurred within seven years of marriage, that the deceased was subjected to cruelty or harassment for dowry soon before her death, and that such cruelty was in connection with demand for dowry. (Paras 2-5) C) Indian Evidence Act, 1872 - Section 113B - Presumption as to dowry death - The presumption under Section 113B can be drawn only if the prosecution first establishes the foundational facts of dowry demand and cruelty soon before death. (Paras 6-8) D) Criminal Procedure Code, 1973 - Section 313 - Statement of accused - The Trial Court properly recorded the statements of accused under Section 313 and considered the defence evidence. (Para 2.3) E) Indian Penal Code, 1860 - Section 306 - Abetment of suicide - The prosecution failed to prove any positive act of abetment by the accused to compel the deceased to commit suicide. (Paras 3-5) F) Indian Penal Code, 1860 - Section 498A - Cruelty by husband or relatives - The evidence of cruelty was found to be vague and lacking in specifics, and the witnesses were not consistent. (Paras 3-5) G) Criminal Procedure Code, 1973 - Section 378 - Appeal against acquittal - The revisional court cannot convert a revision into an appeal and reappreciate evidence unless the findings are perverse. (Paras 1-10)
Issue of Consideration
Whether the High Court in revisional jurisdiction should interfere with the judgment of acquittal passed by the Trial Court in a case under Sections 498A, 306, 304B, 201 and 114 IPC.
Final Decision
The High Court dismissed the revision application, upholding the judgment of acquittal passed by the Trial Court.
Law Points
- Scope of revision against acquittal
- presumption under Section 113B of Evidence Act
- ingredients of Section 304B IPC
- requirement of dowry demand soon before death
- abatement of proceedings against deceased accused
