Case Note & Summary
The State of Gujarat filed an appeal against the judgment dated 27/02/2003 passed by the learned Additional Sessions Judge, Fast Track Court, Gandhinagar in Sessions Case No.34 of 2001, whereby the accused were acquitted of charges under Sections 498A, 302, 201 read with Section 34 of the Indian Penal Code. The prosecution case was that the complainant Sitaben's daughter Kuvarben, aged about 20 years, was married to accused no.1 Raijiji Harisinh Rathod four years prior to the complaint. After two years of marriage, she was sent to her husband's house after the 'Aanu' ceremony. She had no children. Accused no.1 did not like her, used to taunt and abuse her. Accused no.2 (father-in-law) and accused no.3 (mother-in-law) also harassed her physically and mentally. They demanded a colour TV or money from her parental home. She returned to her parents' house six months before the complaint and stayed for 15-20 days, informing them about the harassment. The trial court acquitted all accused. During the pendency of the appeal, respondent no.1-original accused no.1 died on 06/12/2020, as per police report and death certificate. The court held that the appeal abated qua respondent no.1. For the remaining accused, the court found no merit in the appeal and dismissed it, confirming the acquittal.
Headnote
A) Criminal Procedure - Abatement of Appeal - Death of Accused - Section 394 CrPC - Appeal abates qua deceased accused upon production of death certificate - Held that appeal against respondent no.1 stands abated due to his death on 06/12/2020 (Para 1). B) Criminal Law - Acquittal - Dowry Death - Sections 498A, 302, 201 IPC - Appeal against acquittal dismissed for lack of evidence - Prosecution failed to prove dowry demand or homicidal death beyond reasonable doubt - Held that acquittal of remaining accused is confirmed (Paras 2-3).
Issue of Consideration
Whether the appeal against acquittal under Sections 498A, 302, 201 read with Section 34 IPC should be allowed or dismissed.
Final Decision
Appeal abated qua respondent no.1 (deceased). Appeal dismissed qua remaining respondents, confirming their acquittal.
Law Points
- Abatement of criminal appeal on death of accused
- Acquittal upheld for lack of evidence
- Standard of proof in criminal appeals against acquittal
