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 26.09.2009 passed by the learned Additional Sessions Judge, Dahod, in Sessions Case No.38 of 2009. The respondents (original accused) were acquitted of offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code, 1860. The prosecution case was that the deceased, Surtiben, daughter of complainant Revabhai Somabhai Bariya, initially married someone else but that marriage ended in divorce. She later married respondent No.1 Rameshbhai Kangabhai Labada Bariya. After marriage, she was allegedly subjected to cruelty and harassment for dowry by her husband and in-laws. She committed suicide by consuming poison. The complainant alleged that the accused demanded money and harassed her. The trial court, after examining witnesses and considering the dying declaration (Exh. 28) which did not implicate the accused, acquitted the respondents. The High Court held that the trial court's findings were not perverse. The dying declaration clearly stated that the deceased consumed poison on her own and did not blame anyone. The prosecution failed to prove that the deceased was subjected to cruelty or harassment soon before her death. The presumption under Section 113A of the Evidence Act was rebutted. The appeal was dismissed and the acquittal was confirmed.
Headnote
A) Criminal Procedure Code, 1973 - Section 378 - Appeal against acquittal - Scope of interference - The High Court in an appeal against acquittal can interfere only if the findings of the trial court are perverse or unreasonable. The appellate court must give due weight to the presumption of innocence in favour of the accused. (Paras 1, 10-12) B) Indian Penal Code, 1860 - Section 306 read with Section 114 - Abetment to suicide - Ingredients - To convict a person for abetment to suicide, there must be evidence of direct or indirect acts of instigation, conspiracy, or intentional aid. Mere harassment or cruelty without nexus to suicide is insufficient. (Paras 13-15) C) Indian Penal Code, 1860 - Section 498A - Cruelty by husband or relatives - Proof - The prosecution must establish that the woman was subjected to cruelty or harassment for or in connection with demand of dowry. In the absence of credible evidence, the accused is entitled to acquittal. (Paras 16-18) D) Indian Evidence Act, 1872 - Section 113A - Presumption as to abetment of suicide by married woman - The presumption under Section 113A is not mandatory and can be rebutted. It arises only if the prosecution proves that the woman had committed suicide within seven years of marriage and that her husband or relatives had subjected her to cruelty. (Paras 19-20) E) Dying declaration - Evidentiary value - A dying declaration must be voluntary, truthful, and free from tutoring. If the dying declaration does not implicate the accused, it cannot be used to convict them. (Paras 21-22)
Issue of Consideration
Whether the trial court's acquittal of the respondents for offences under Sections 498A, 306 and 114 IPC was perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and confirmed 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
