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State Of Gujarat vs Hajuben W/O Hushenbhai Mamadbhai … on 2 May, 2023

R/CRIMINAL APPEAL NO. 1553 of 2016

BENCH: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

Facts

The complainant’s mother had sustained burn injuries and had been admitted in a hospital. It was alleged that she was going to the washroom, when their neighbour came out from her house and started combing her hair in front of the victim which caused an apprehension of fear in her head and she went back, took out a kerosene tin and burnt herself. Therefore, the complainant has filed a complaint of abetment of suicide as a result of mental harassment and ill treatment from the accused as it was alleged that the accused was harassing her for a very long time. He thereby lodged an FIR in question against the respondents under section 306 of IPC which deals with abetment of suicide

Upon such FIR being filed, an investigation started and the Investigating Officer recorded statements of the witnesses and produced certain documentary evidence and after completion of the investigation, Charge-sheet was filed against the accused for the offence in question. The case was committed to the Sessions Court and the learned trial Judge framed the Charge. Since the respondent – accused did not plead guilty, the court proceeded with the trial. The learned trial Judge acquitted the respondent – accused. Being aggrieved by the same, the State preferred the present appeal.

The additional public prosecutor appearing on behalf of the state contended that the trial judge had failed to appreciate the evidence on record in its true and proper perspective and thereby, had erred in recording the acquittal of the respondents

He submitted that the trial court was wrong in overlooking the dying declaration of the victim as in it was the opinion of the trial court that a person who had received 95 to 97% burn injuries over the body cannot give dying declaration for 42 minutes. As such due to this reason only, dying declaration cannot be ignored by the trial Court,

The learned advocate for the respondents accused submitted that the ingredients of the offence alleged against the accused are not proved by the prosecution beyond reasonable doubt and there were several contradictions and omissions in the evidence on record and therefore, the learned trial Judge had rightly acquitted the accused of the charges levelled against him.

Judgement

The Court held that there was nothing on record to show or suggest that the accused had instigated the deceased to commit suicide. Moreover, there was nothing on record capable of suggesting that the accused intended by such an act to instigate / abet to commit suicide.

In view of this, the Court held that the findings recorded by the trial court was relevant and hence dismissed the appeal.

JUDGEMENT REVIEWED BY AMIT ARAVIND

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