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 20.07.2010 passed by the learned Additional Sessions Judge, Amreli, in Sessions Case No.60 of 2008. The respondent, Laljibhai Mithabhai Sakariya, was acquitted of the offence punishable under Section 306 of the Indian Penal Code (abetment of suicide). The prosecution case was that on 08.04.2008, the deceased Himmatbhai informed his wife (complainant Shardaben) that he was going to his sister's house in Santhli village and would return the next morning. On 09.04.2009, a neighbour informed the complainant that Himmatbhai was lying in a field (Vadi) and had consumed poison. The deceased died by suicide. The prosecution alleged that the respondent had harassed the deceased and instigated him to commit suicide. The trial court, after examining the evidence, found no credible evidence of instigation or abetment and acquitted the respondent. The State appealed, arguing that the trial court erred in its appreciation of evidence. The High Court, after hearing the parties, held that the trial court's view was plausible and not perverse. The court noted that there was no direct or circumstantial evidence to prove that the respondent abetted the suicide. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Acquittal Appeal - The State appealed against acquittal under Section 378 CrPC for offence under Section 306 IPC. The prosecution case was that the deceased committed suicide due to alleged harassment by the respondent. The trial court found no evidence of instigation or abetment. The High Court held that the trial court's view was plausible and not perverse, and declined to interfere. (Paras 1-10) B) Criminal Procedure - Appeal Against Acquittal - Section 378 Code of Criminal Procedure, 1973 - Standard of Review - The High Court reiterated that in an appeal against acquittal, the appellate court should not interfere unless the findings are perverse or unreasonable. The trial court's appreciation of evidence was found to be proper. (Paras 1-10)
Issue of Consideration
Whether the trial court's acquittal of the respondent for the offence under Section 306 of the Indian Penal Code was perverse and required interference by the High Court under Section 378 of the Code of Criminal Procedure, 1973.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent.
Law Points
- Abetment of suicide
- Section 306 IPC
- acquittal appeal
- Section 378 CrPC
- standard of review
- no interference unless perverse
