Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 07.05.2012 passed by the learned Additional Sessions Judge, Kutchh, in Sessions Case No.51 of 2011. The respondents, Kanjibhai Narshibhai Zatavadiya and others, were acquitted of offences punishable under Sections 306, 498(A), and 114 of the Indian Penal Code. The prosecution case was that the deceased, Rekha, was married to accused No.1 Kanji Narshi Jatvadiya about three years prior to the incident and was living in a joint family. She had a two-year-old child. The complainant, Kunvarben, alleged that the accused persons subjected Rekha to physical and mental cruelty. However, the trial court found the evidence insufficient and acquitted the accused. The High Court, after re-appreciating the evidence, held that the trial court's findings were not perverse. The dying declaration of the deceased did not implicate the accused, and there was no evidence of any demand for dowry or cruelty shortly before the death. The presumption under Section 113A of the Evidence Act could not be invoked as the prosecution failed to prove the foundational facts. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Appeal - Appeal against Acquittal - Section 378 CrPC - Standard of Review - The High Court in an appeal against acquittal will not interfere unless the findings of the trial court are perverse or unreasonable. The appellate court must give due weight to the opinion of the trial court which had the advantage of observing the demeanor of witnesses. (Paras 1-20) B) Evidence Act - Presumption under Section 113A - Abetment to Suicide - The presumption under Section 113A of the Evidence Act is not automatic and can be raised only if the prosecution proves that the deceased was subjected to cruelty or harassment by her husband or his relatives within seven years of her death. In the absence of such proof, the presumption cannot be invoked. (Paras 15-20) C) Indian Penal Code - Section 306 - Abetment to Suicide - Ingredients - To convict a person for abetment to suicide, there must be evidence of a positive act of instigation or intentional aid that led the deceased to commit suicide. Mere allegations of cruelty or harassment are insufficient. (Paras 15-20) D) Indian Penal Code - Section 498A - Cruelty by Husband or Relatives - The prosecution must prove that the deceased was subjected to cruelty or harassment for or in connection with demand for dowry. In the present case, the dying declaration and other evidence did not establish any such demand or cruelty. (Paras 15-20)
Issue of Consideration
Whether the trial court's acquittal of the respondents for offences under Sections 306, 498(A), 114 IPC was perverse and liable to be set aside in appeal under Section 378 CrPC.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondents.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- presumption under Section 113A Evidence Act
- abetment to suicide
- cruelty
- dying declaration
- standard of proof in criminal appeal against acquittal
