Case Note & Summary
The State of Gujarat appealed against the judgment and order of the learned Additional Sessions Judge, Junagadh, dated 29.04.2004, in Sessions Case No.54 of 1999, acquitting the respondents Mohanbhai Meghjibhai Ukani-Patel and his wife Vijyaben from the offence under Section 302 read with Sections 34 and 114 of the IPC. The case arose from an incident on 29.11.1998 at Village Juthal, Mangrol, where the deceased father was found dead in a well on his farm. The prosecution alleged that due to a land dispute over partition, the accused Mohanbhai, demanding half share of the land, threw his father into the well. The deceased had previously complained to his brother Vallabh about threats from Mohanbhai. An FIR was lodged, and after investigation, chargesheet was filed. The trial court acquitted the accused, holding that the prosecution failed to prove homicidal death and that it was a case of suicide. The State appealed. During the appeal, the principal accused Mohanbhai died on 25.11.2024, and the appeal abated against him. The High Court heard the appeal only against the surviving accused, Vijyaben. The court considered the submissions of the learned APP and the defense counsel. The court noted that the trial court's findings were based on evidence, including medical evidence that did not conclusively prove homicidal death. The court found no perversity in the trial court's reasoning and upheld the acquittal, dismissing the appeal.
Headnote
A) Criminal Law - Acquittal Appeal - Homicidal Death - Prosecution failed to prove homicidal death beyond reasonable doubt - Medical evidence and circumstances consistent with suicide - Trial court's acquittal upheld - Held that the findings of the trial court were not perverse and the appeal was dismissed (Paras 1-7).
Issue of Consideration
Whether the trial court's acquittal of the respondents for the offence of murder under Section 302 read with Sections 34 and 114 of the IPC was perverse and liable to be set aside.
Final Decision
Appeal dismissed. The acquittal of the respondents is upheld. The appeal against deceased Mohanbhai stands abated.
Law Points
- Acquittal appeal
- Homicidal death
- Circumstantial evidence
- Suicide
- Reasonable doubt
- Section 302 IPC
- Section 34 IPC
- Section 114 IPC
