Gujarat High Court
Ashokkumar Harshadbhai Brahmin vs State Of Gujarat on 28 November, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 133 of 2004
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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Approved for Reporting Yes No
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ASHOKKUMAR HARSHADBHAI BRAHMIN & ORS.
Versus
STATE OF GUJARAT
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Appearance:
ABATED for the Appellant(s) No. 1
MR PARAM R BUCH(5625) for the Appellant(s) No. 1.1,1.2,1.3
MR HARDIK MEHTA APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 28/11/2025
ORAL JUDGMENT
1. The appeal is proceeded by the heirs of the original appellant-accused. The heirs are two daughters and one son of the deceased-appellant, who came to be convicted for the offence punishable under Section 498A of Indian Penal Code (hereinafter referred to as 'I.P.C'), while was acquitted for the offence punishable under Section 306 I.P.C and Page 1 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined Sections 4 and 5 of the Dowry Prohibition Act. The sentence ordered is one year of rigorous imprisonment with fine of Rs.500/- and in failure of payment, further to undergo 15 days rigorous imprisonment. The judgment of conviction was passed by the learned Sessions Judge, Banaskatha, District Palanpur on 20.11.2003 in Sessions Case No.55 of 1997.
2. The wife of the original appellant-accused committed suicide by self-immolation by pouring kerosene on her body and alighted herself. The marriage of the deceased - Manjula was with the accused - Ashokkumar in the year 1981, who resided at village Vav. The alleged incident was dated 24.03.1994 at 5 p.m.
3. The case of the prosecution was that, for about five years, the matrimonial life was good thereafter, the accused became liquor addict and had gone out of line. The accused was beating his wife and torturing her. Many a times he demanded money from her. She took the money from the complainant's house. Page 2 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025
NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined 3.1 The reliance has been placed on postal letters which were communicated from the side of the complainant as well as from the appellant and the deceased. The reliance on the letters by the prosecution is to substantiate the case of dowry demand and mental and physical harassment, while the defence has relied on the letters to prove that the allegations had been rebutted during the process of trial by the postal communications. 3.2 Learned Advocate Mr. Param Buch submitted that the matrimonial life was of 13 years and the present heirs on record are two daughters and one son. Their existence itself would prove that the matrimonial relation was cordial and conducive. Mr. Buch submitted that the cause of suicide has not been proved on record. The learned Trial Court Judge has not believed the case under Section 306 of I.P.C, nor under the Dowry Prohibition Act. Thus, Mr. Buch submitted that the very base of the prosecution case was disproved during the trial.
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NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined 3.3 Learned Advocate Mr. Param Buch submitted that the learned Trial Court Judge has placed reliance on the letter written by the accused at Exh.16. It was addressed to the deceased with reference to her visit at Dhanera at the complainant's place. Mr. Buch submitted that the said letter has to be read in right spirit to understand the relation between the husband and the wife, where the language would show that the husband was urging his wife to return home with the children so that the future of the children does not get jeopardized.
3.4 Learned Advocate Mr. Param Buch further stated that the complainant has raised the issue of the scooter belonging to the complainant, which came in the custody of the accused, however, the letter written by the accused itself clarifies the possession, and the accused had rather sought assistance and support of the complainant for bringing back the scooter and protecting him from the alleged person named Malo and his daughter, who according to the complainant was in relation with prostitutes and had gone out of line. Mr. Buch Page 4 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined submitted that the scooter was under mortgage as the accused was in need of money, however, after repaying the loan amount, the scooter was released. 3.5 Learned Advocate Mr. Param Buch submitted that as per the complainant, a month prior the date of suicide, the deceased had gone to the complainant's house and she stayed there for about fifteen days. The fact on record suggests that deceased was ill and was suffering from many diseases. As per the accused, she was having strokes of epilepsy and that could have been the cause for her to commit suicide. Mr. Buch submitted that the period of matrimonial life was of 13 years with three children; there would not be any cause for mental or physical harassment at the hands of the accused to the deceased and such fact would get proved through the letters written from both the sides.
3.6 Learned advocate Mr. Buch relying on the judgments of (i) State of W.B. v. Orilal Jaiswal reported in (1994) 1 SCC 73 (ii) Hans Raj v. State of Haryana reported in (2004) 12 SCC 257 (iii) Raj Rani Page 5 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined (Smt.) Vs. State (Delhi Administration), reported in (2000) 10 SCC 662, submitted that the ingredients under Section 498A does not get proved, more particularly, when the matrimonial life has crossed the statutory legal limit of seven years, and submitted that even presumption under Section 113A of the Indian Evidence Act would not be drawn in the present matter thus, submitted to allow the appeal.
4. Countering the arguments, learned APP Mr. Hardik Mehta has referred to the charge, to submit that the accused was put to trial on the ground that on 24.03.1994 he had asked deceased to bring money from her parental house and often, prior to that, was mentally and physically harassing her and therefore, as she could not endure such cruelty of the husband, she committed suicide. Mr. Hardik Mehta submitted that the provision of Section 113A of the Indian Evidence Act would not get stringent for the matrimonial span of seven years, hence the law does not allow such cruelty to go unpunished. Page 6 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025
NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined 4.1 Learned APP Mr. Hardik Mehta, relied on the medical evidence and the postmortem note, to submit that because of 95 to 98% of burns injury, it was impossible to take dying declaration, however, the documentary evidence in the form of letters very clearly proves the cruelty as well as the statements before the father and the brother should be considered as dying declaration of the deceased, which would prove the fact that the accused-appellant was often demanding money and was harassing the deceased.
4.2 Learned APP Mr. Hardik Mehta submitted that the learned Trial Court Judge has relied on the letters at Exh.16 and Exh.17 to consider the case under Section 498A of the I.P.C. Mr. Mehta has referred to the evidence of the complainant-father, the brother and the sister-in-law, to submit that the cruelty has been proved by the witnesses, and stated that there is no cause to interfere in the judgment of the trial Court.
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NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined 4.3 The charge under Exh.3 during the sessions trial was to the effect that on 24.03.1994, at 5 p.m., the accused told his wife to bring money from her parental home and by saying so would often beat her and cause mental and physical cruelty. Thus, being fed-up of such cruelty, she burned herself by pouring kerosene and thereby, the accused was charged under Section 498A of I.P.C and Sections 4 and 5 of the Dowry Prohibition Act, 1961.
4.4 The charge further notes that on the said date and time, the accused had asked his wife to bring money from her parental home and because of the constant beatings and physical and mental harassment, she burned herself, therefore, the accused was charged for the offence of abetment to suicide under Section 306 of the I.P.C.
4.5 The cause for invoking both the sections are the same. It has been noted in the charge that on 24.03.1994, the accused had asked his wife to bring money from her parent's house. The charge also refers that often the accused used to beat her and thereby Page 8 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined had committed the offence of cruelty. The same cause has been shown for the commission of suicide alleging that the accused has abetted the suicide. The trial Court has not believed the case of abetment of suicide, nor has believed the case under the Dowry Prohibition Act, 1961.
5. Dr. Dilipkumar Keshavlal Thakkar was examined as PW-1, who had examined the dead body of deceased- Manjulaben on 25.03.1994 at about 10.30 a.m. The police had brought the dead body with an inquest panchnama. After the postmortem, the cause of death was recorded in the postmortem note at Exh.11. The cause of death noted was shock due to extensive burns on her body. In the evidence, the doctor stated that the victim was 95 to 98% burnt. The doctor was confronted with the question with regard to disease of epilepsy. The doctor could state about the signs and characters of epilepsy, however, he could not corroborate the same or affirm it in the present matter. However, the doctor affirmed the suggestion that if a patient suffering from epilepsy, while Page 9 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined cooking suddenly have an attack, then would fall on the front side. The corroboration regarding the illness of the deceased could be brought through the evidence of the daughter of deceased, who was examined as P.W.4 - Darshanaben Ashokkumar Trivedi, who stated in the cross-examination that her mother was ill since long time and she was taking treatment from various doctors for the illness at Dhanera, Palanpur.
6. According to the daughter (P.W.4), it was the father who was looking after the medical needs of the mother. She also could accompany her parents at Dhanera. The daughter stated that the mother had skin disease and was always complaining of pain. The daughter also stated that her mother had mental illness and often was having the epilepsy stroke. The daughter in her evidence stated that when she returned from school, she saw fire in the kitchen and her mother was burning there. She, her father as well as the neighbours had tried to douse her. According to daughter, there was no quarrel between her parents Page 10 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined and no such incident had occurred of any cruelty or beatings.
7. The complainant's father Kaniram Shobharam Oza was examined as PW-2, who stated that his daughter Manjula was married in the year 1981 with the accused Ashokkumar Harshadbhai Trivedi at Village Vav. The father stated that five years prior to the death, the daughter and son-in-law were staying separate from the parents-in-law. From the matrimonial life, they had two daughters and a son. The initial five years of marriage was smooth and thereafter, the accused got addicted to liquor and had gone out of line. The father stated that he used to beat the daughter and would harass her a lot and often would demand money and therefore, the daughter would come to her parental house to take the money. The complainant stated that the daughter used to come on the insistence of the accused. She would cry and would take the money and whenever she used to visit them, she would talk about her married life and would narrate about the harassment. The father has also Page 11 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined stated that during her matrimonial life, often the daughter would write letters. The father had relied upon the letter at Exh.13, 14, 15.
7.1 The complainant in relation to his allegation of accused being going out of character, stated that the accused would not give his salary at home and would remain in the activities of prostitution which was going on in Vadia village and whenever the money would get exhausted, he would beat his daughter after drinking alcohol.
7.2 The reliance was placed on letter at Exh.16 to state that the accused as well as four to five people took his daughter Manjula by dragging her in the jeep. It has been further stated that three years prior to the incident of suicide, the accused had taken away the scooter of his elder son for visiting Zerad village at a distance of 18 to 20 kms from Dhanera. The complainant stated that though the accused assured of coming back, he did not return the scooter and they waited for about 15 days and complainant sent his son to Vav, where his son was Page 12 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined informed that the accused had come with the scooter at Vav and immediately had left the place. The complainant would further state that his daughter as well as the mother-in-law told his elder son as to why they had given the scooter, expressing apprehension that the accused would sell it or would cause accident.
7.3 The complainant stated that thereafter, within a week, he received a letter from the accused who had informed that he had gone to some places on the scooter as well as had visited the place at Rajasthan and also informed that from the brothel at Vadia, Malo and his daughter were behind him and were beating him. Therefore, he had got treatment. The accused had also written to the complainant that those persons from Vadia had demanded money. Therefore, he had mortgaged the scooter to a Thakor of Shihori for an amount of Rs.2,000/- and had instructed the complainant to repay the money to take back the scooter. The complainant has also relied upon the letter at Exh.17 and 18 to substantiate the Page 13 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined fact that the son-in-law had asked them to get the scooter released by paying Rs.2,000/-. 7.4 According to the complainant, one month prior to the suicide, the daughter had stayed at complainant's house for about 15 days and during that period, she had informed about the beatings and harassment in connection with the money to the complainant. The complainant stated that at that time, he had advised the daughter to remain there at their house, however, she was reluctant and informed that she had now received a job in Anganvadi and with that, she would run her house. She had also informed the father that her parents-in-law were keeping well with her and that she does not want to break her matrimonial life. The learned Trial Court Judge has observed about the letter at Exhs.13, 15, 16 on which much reliance has been placed by learned APP Mr. Mehta. The learned Trial Court Judge, considering the facts noted in those letters, had believed this case under Section 498A IPC to convict the accused.
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8. Learned APP Mr. Mehta as well as learned Advocate Mr.Buch have taken this Court through all the letters which had been made a part of the trial. The letters produced by the complainant as father were produced in evidence from Exh.13 to Exh.18, while from the side of accused by list Exh.19 about 17 letters had been produced which were from the year 1982 to 1993. The list has also a description of the medical documents from the year 1982 to 1994 of various doctors. Those documents are from serial No.18 to 31.
9. PW-3 is the neighbor - Ambalal Khodidas of the complainant, who has supported the complainant to state that whenever Manjula used to come to her parental house, she would often inform about the harassment and the beatings by the accused- Ashokkumar.
10. PW-5 is the brother of the deceased, who has also supported the deposition of the father and had affirmed that initially 4 to 5 years the marriage life was good and thereafter, often when the deceased Page 15 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined used to come to their house, she used to complain about the husband, who was subjecting her to mental and physical cruelty and would often ask her to bring money from the parental house, and for the money, he used to beat her. The brother also stated that one month prior to the incident, the sister had come to stay at the house for about 15 days and at that time too, she had narrated about the harassment. The witness, as brother was referred to Exh.36, the letter. The postcard was written by him in the year 1991 but denied the suggestion on the reference made of Exh.36 that the accused was keeping Manjulaben in a good condition. The brother stated that in the year 1990-91, the sister had come to Dhanera and that they had taken her for the treatment but denied the suggestion that apart from Dhanera, the treatment was also carried in Palanpur. The brother has no knowledge that the sister was having skin disease. He stated that she would stay for about a week or ten days whenever she would come for the medical treatment, but denied the suggestion that deceased was mentally ill and also denied the suggestion of Page 16 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined sister suffering fits. The brother stated that he had never made a complaint to the accused by writing a letter of his ill-treatment of beatings. He was also referred to the postcard Mark-40/1, 40/2, which he stated that those were written by him to the accused. 10.1 The evidence of the brother does not specify or makes it clear as to what were the instances of the cruelty or harassment from the accused to his sister. One month prior to the death, she had come and stayed there for about 15 days at her parental house. She had narrated about the harassment in the form of beatings she suffered because of demand of money. The brother could have clarified and stated the same in his deposition. The allegations made are general in nature. The complainant as well as the brother could state that the husband was beating her, asking her to bring money from the parental home. What was the amount demanded and why it was demanded does not get clarified and proved on record. The fact of sister having illness and about the treatment, gets support from the evidence of the brother.
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11. PW-6 Narmadaben is the sister-in-law and the wife of PW-5. She could also state that the husband was beating Manjulaben for money and when she stayed for 15 days at their house, she told her that her husband was beating her and was asking her to bring money. The fact does not get clear from the deposition of the sister-in-law as to what money or what total amount was demanded by the accused. The matrimonial life for initial four to five years was good and smooth. No allegation is made of any harassment or cruelty from the accused for those initial period of marriage.
12. P.W.7 - Kantilal Bhagwandas is the neighbor who turned hostile and has not supported the case of the complainant. P.W.8. - Pratapsing Hemrajji, the P.S.O had recorded declaration of death vide A.D. No.4/94 and the Station Diary Entry No.2 was produced on record at Exh.49. Exh.47 is the declaration by the accused himself about his wife getting burnt, and about her death. The said declaration was given on 25.03.1994. PW-9 is the Panch of the place of Page 18 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined incident. The Panchnama at Exh.61 has not been supported by him. In the same way, another Panch PW- 10 has not supported the said Panchnama at Exh.61.
13. P.W.11 - Gajesinh Hajarsingh is the head- constable who investigated the accidental death entry. He stated that he had not registered the complaint and also affirmed that in presence of panchas, the kerosene-can was not seized from the place of offence, nor had he filed report for heavy offence. PW-11 stated that after the post-mortem, when the dead-body was instructed to be handed over to the complainant, the head-constable stated that the complainant refused to take the possession of the dead body.
14. PW-12 is the Investigation Officer - Narendrapuri Hardevpuri Goswami. According to him, the father had given an application and for the investigation had gone to Dhanera to meet the applicant Kaniram and took his complaint at Dhanera, which he identified at Exh.73. I-C.R.No.23 of 1994 was registered under Sections 498A and 306 of the Page 19 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined I.P.C. The I.O. had conducted the investigation right from the registration of the complaint till filing of the charge sheet. He stated that during the course of investigation, he had not procured the original letters from the complainant, while complainant had sent certain letters along with the application Mark 8/1. He has not sought any clarification for delay of seven days in registration of the complaint. The I.O. would say that it had not got disclosed during his investigation that the deceased was suffering from skin disease and was also an epilepsy patient. He has also referred to the mortgage of the scooter which he could find during the investigation that it was with the person named Kesarsingh, however, he had not recorded any statement of Kesarsingh.
15. The conviction which has followed is specifically relying on the document at Exhs.13, 15,
16. The letter at Exh.13 is an undated letter written by the deceased Manjulaben to the brother Kalidas (PW-5). The letter would rather state that the daughter, in fact, had asked for the same treatment Page 20 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined to them as was given to her sister Bhanu. The demand of money of Rs.5,000/- was made by the daughter herself. She had insisted for the money, raising her grievance that if the money was not paid to her then she would forever be in pain. She also expressed her desire that if her life has to be peaceful, then the said issue, she said, was required to be resolved. She stated that it was not the brother-in-law who was asking for money, but she herself now was insisting for it. She also insisted that she would remain present on the occasion at Dhanera only if her husband would attend the same. She had also stated that she was offended by the issues of the community. She also stated in her letter Exh.13 that her matrimonial life was happy.
15.1 Exh.13 does not disclose of any demand of money in the form of dowry. The money rather would appear to be of some social transaction which the deceased herself stated was Rs.5,000/- which she insisted to be paid. She had also insisted that she would remain in the family occasions at Dhanera only with her Page 21 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined husband. Exh.13, thus, would not suggest of any harassment from the side of the accused. 15.2 Exh.14 is dated 02.05.1990 written by the deceased to her brother and parents, where she has made reference of the salary of the accused which he had taken with him on 06.04.1990 and had returned back only on 24.04.1990, where the daughter had informed the brother that the accused was not having money with him. The letter further states that the accused had informed that he had gone to Kathiyavad and letter also makes a reference of some money of Rs.50/- borrowed from some person of Shihori. She also informed the brother and the parents that the accused was borrowing money from almost everywhere but if at all he comes for money there, then she had asked them not to allow him in the house. She also had referred to her health saying that it was good. 15.3 The letter Exh.14 would suggest that the accused had, at that relevant time, borrowed money from various people and the deceased was concerned about it and therefore, had instructed her parental Page 22 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined relatives not to give money to the accused and also had instructed not to allow him to enter the house. The cause does not get clear. The accused was working in Public Welfare Department (PWD). After receiving the salary, it appears that he had visited the place at Kathiyavad. Why he was borrowing money from people does not get clear. The only one instance of Rs.50/- borrowed from some person of Shihori has been referred by the wife. Exh.14, thus, would not conclude that the accused was harassing the deceased for money. It cannot be said that he was insisting money only from the parental house of the deceased. The complaint of the deceased was of accused borrowing money from people.
15.4 The reliance has been placed on Exh.15 and 16 by the learned Trial Court Judge. Exh.15 is dated 12.04.1991 and Exh.16 is an undated letter, however, the reference made in the letter would suggest that it was written in the month of almost around June. Exh.15 is in relation to the scooter. The letter has been written by the deceased to the brother and the Page 23 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined parents, where she has made reference of the scooter which he had borrowed from the brother-in-law stating that till date, the husband has not come home and she was under impression that he was visiting Surat, but on inquiry, she found that husband had not gone to Surat and she got information that the accused was at Rajasthan, referring to a place of Raniwada stating that he was with the scooter and she stated that the scooter has been sold for Rs.10,000/- and therefore, she has instructed her brother that if he wanted to give complaint to the police, he could do so. She also has referred that the husband has not joined the office till then. She has referred that along with the husband, some lady is staying with him at Samdhadi. She stated that she is not worried about the said fact but was worried about the scooter. She has also referred that the scooter from Ishwarkhatri of Vav was purchased for Rs.6,000/- and she assured that if there is a police case, she and her mother- in-law would support the case. The deceased has also stated that they are not willing to bring the husband back home but are at pain for the cheating. Page 24 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025
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16. Learned Advocate Mr. Buch submitted that the learned Trial Court Judge has failed to observe the reply of the accused which was addressed to the brother by letter Exh.17 dated 05.04.1991, where the accused had informed the cause of delay. After taking the scooter, accused stated that his enemies were behind him and with the scooter he met with an accident and he was unconscious and those people had taken him to Shihori and demanded money; they had beaten him and he was bleeding at the head, forehead, and he had asked them not to beat him and assured to bring the money. Therefore, he had gone to PWD Office at Shihori Panchayat, Sub-Division and there he had mortgaged the scooter for Rs.2,000/- with the Chowkidar who had given him money. Mr.Buch submitted that the accused had even asked the brother-in-law to contact Chowkidar Kasarsai and inquire about the scooter which he had placed under mortgage and he also assured that the Chowkidar would show him the scooter. The accused had also informed the brother- in-law that one Babukaka and the daughter of Malani Page 25 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined of Vadia were behind him. This clarification, thus, has been given by the accused by way of the communication, to which Mr. Buch submitted that it is an answer to the allegation of prostitution. It appears from the communication that the person who were behind the accused had restrained him and had demanded money.
16.1 The document Exh.32 is a letter written by the complainant to the uncle of the accused who has informed that the scooter was brought back and it was in good condition. The money was paid to Kesarsingh. Thus, the letter Exh.32 would support the contention that the accused had no ill-intention of taking the scooter.
16.2 Document at Exh.18 dated 05.04.1991 is by the accused himself, where he has again stated about the scooter, Babukana of Vadia and a girl named Modi, one another boy who was not known to him, who had followed him in jeep and had dashed the scooter. He got injured on the forehead and head. He stated that those people had placed the scooter in their vehicle Page 26 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined and had taken him to Shihori, where he got his treatment and they had demanded money from him and as he had no money, he mortgaged the scooter for Rs.2,000/- at Shihori. He was taken to Rajasthan at Samrada Village, where he stayed for about 10 days. He had also asked that this scooter was with the Chowkidar at PWD Office at Shihori, whose name was Kesarsingh, and had also stated that he has not sold the scooter and had asked to pardon him. Again, he had asked the in-laws to take care of Babukana of Vadia and the girl named Modi.
16.3 The letters appears to be inter se communication between the in-laws. The allegation of scooter and accused, being out of line, going in prostitution gets falsified. Rather the accused is explaining the in-laws about his situation when he had gone with the scooter. The communication of the complainant to the uncle also proves that the scooter was brought back. Thus, this reasons to show as a cause for harassment does not get supported. Rather, the accused had rebutted those allegations by way of the Page 27 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined communication relied upon.
16.4 Exh.16 is a letter by the accused. Perusal of the letter would show that it was the husband who was urging his wife to return back home. He was pursuing her, stating that he would wait for her till 18.06.1986. He was emotionally urging the wife since both the children were with her stating that he was coming to take them back, even if he had to meet with death. The letter does not suggest that there was any such threat given to the wife, rather it was an emotional communication from the side of the husband to pursue the wife to come back home. Thus, letter Exh.16, which appears to be for the time around 19.06.1986, would not have direct proximate communication with the cause of suicide. The deceased took the ultimate step of taking her life on 24.03.1994. From 1981 to 1994, they had stayed together and had their matrimonial life with little jerks and up-downs, the facts which get disclosed in the letters does not suggest of any such harassment which would be considered as cruelty to lead her in a Page 28 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined condition where the deceased had no other option but to commit suicide.
17. The necessary ingredients to prove Section 498A would be 'cruelty'. In the case of Shardaben, Daughter of Ishwarlal Bhogilal & Ors. Vs. State of Gujarat, dated 15.07.2025, rendered in Criminal Appeal No.2608 of 2005, it has been observed as under:-
"24.8 To prove the charge of Section 498A of IPC, the prosecution has to establish that the husband or his relative subjected such woman to cruelty. The term 'cruelty' is explained in two parts of Section 498A. The first part speaks of willful conduct of a nature that is likely to drive the woman to commit suicide or to cause grave injury or danger to the life, limb or health, either physical or mental of such woman.
24.9 The second part of Section 498A of IPC provides for harassment of a woman with a view to coercing her or any person related to her to meet unlawful demand for any property or valuable security on account of these failure or any person related to her to meet such demand.
24.10 Section 498A of IPC does not attract every harassment or every type of cruelty. The prosecution has to establish that the beating and harassment of the deceased were with a Page 29 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined view to force her to commit suicide or to fulfill the illegal demand of dowry.'
18. In the case of State of W.B. v. Orilal Jaiswal reported in (1994) 1 SCC 73, it was held by Hon'ble Supreme Court as under:-
"15. We are not oblivious that in a criminal trial the degree of proof is stricter than what is required in a civil proceedings. In a criminal trial however intriguing may be facts and circumstances of the case, the charges made against the accused must be proved beyond all reasonable doubts and the requirement of proof cannot lie in the realm of surmises and conjectures. The requirement of proof beyond reasonable doubt does not stand altered even after the introduction of Section 498-A IPC and Section 113-A of Indian Evidence Act. Although, the court's conscience must be satisfied that the accused is not held guilty when there are reasonable doubts about the complicity of the accused in respect of the offences alleged, it should be borne in mind that there is no absolute standard for proof in a criminal trial and the question whether the charges made against the accused have been proved beyond all reasonable doubts must depend upon the facts and circumstances of the case and the quality of the evidences adduced in the case and the materials placed on record. Lord Denning in Bater v. Bater [(1950) 2 All ER 458, 459 : 66 TLR (Pt. 2) 589] has observed that the doubt Page 30 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined must be of a reasonable man and the standard adopted must be a standard adopted by a reasonable and just man for coming to a conclusion considering the particular subject- matter."
19. To prove the offence under Section 498A of I.P.C., the prosecution has to establish that the husband subjected the deceased woman to cruelty as defined under Section 498A. As noted in the referred judgment, the requirement of proof beyond reasonable doubt does not stand altered even after introduction of principle of presumption as noted under Section 113A of the Indian Evidence Act, 1872.
20. To prove the case under Section 498A, the prosecution has to prove the case beyond reasonable doubt. In the case of Orilal Jaiswal (supra), it has been observed that the standard of proof being beyond reasonable doubt does not get altered even after the introduction of Section 498A of IPC and Section 113A of the Indian Evidence Act, 1872.
21. In Hans Raj v. State of Haryana, reported in (2004) 12 SCC 257, the Hon'ble Supreme Court has Page 31 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined explained the significance of provisions of Section 113A in connection with Section 306 as well as Section 498A of the I.P.C. It has been noted as under:-
"The question then arises as to whether in the facts and circumstances of the case the appellant can be convicted of the offence under Section 306 IPC with the aid of the presumption under Section 113-A of the Indian Evidence Act. Any person who abets the commission of suicide is liable to be punished under Section 306 IPC. Section 107 IPC lays down the ingredients of abetment which includes instigating any person to do a thing or engaging with one or more persons in any conspiracy for the doing of a thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing, or intentional aid by any act or illegal omission to the doing of that thing. In the instant case there is no direct evidence to establish that the appellant either aided or instigated the deceased to commit suicide or entered into any conspiracy to aid her in committing suicide. In the absence of direct evidence the prosecution has relied upon Section 113- A of the Indian Evidence Act under which the court may presume on proof of circumstances enumerated therein, and having regard to all the other circumstances of the case, that the suicide had been abetted by the accused. The explanation to Section 113-A further clarifies that cruelty shall have the same meaning as in Section 498-A of the Penal Code, 1860 which means:
"498-A. (a) any wilful conduct which is Page 32 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."
13. Unlike Section 113-B of the Indian Evidence Act, a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in Section 113-A of the Indian Evidence Act. Under Section 113-A of the Indian Evidence Act, the prosecution has first to establish that the woman concerned committed suicide within a period of seven years from the date of her marriage and that her husband (in this case) had subjected her to cruelty. Even if these facts are established the court is not bound to presume that the suicide had been abetted by her husband. Section 113-A gives a discretion to the court to raise such a presumption, having regard to all the other circumstances of the case, which means that where the allegation is of cruelty it must consider the nature of cruelty to which the woman was subjected, having regard to the meaning of the word "cruelty" in Section 498-A IPC. The mere fact that a woman committed suicide within seven years of her marriage and that she had been subjected to cruelty by her husband, does not automatically give rise to the presumption that the suicide had been abetted by her husband. The court is required to look into all the other circumstances of the case. One of Page 33 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined the circumstances which has to be considered by the court is whether the alleged cruelty was of such nature as was likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman. The law has been succinctly stated in Ramesh Kumar v. State of Chhattisgarh [(2001) 9 SCC 618 : 2002 SCC (Cri) 1088] wherein this Court observed: (SCC pp. 626-27, para 12).
"12. This provision was introduced by the Criminal Law (Second) Amendment Act, 1983 with effect from 26-12-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four corners of the matrimonial home and hence was not available to anyone outside the occupants of the house. However, still it cannot be lost sight of that the presumption is intended to operate against the accused in the field of criminal law. Before the presumption may be raised, the foundation thereof must exist. A bare reading of Section 113-A shows that to attract applicability of Section 113-A, it must be shown that (i) the woman has committed suicide, (ii) such suicide has been committed within a period of seven years from the date of her marriage, (iii) the husband or his relatives, who are charged had subjected her to cruelty. On existence and availability of the abovesaid circumstances, the court may presume that such suicide had been abetted by her husband or by such relatives of her husband. Parliament has chosen to sound a note of caution. Firstly, the presumption is not mandatory; it is only permissive as the employment of expression 'may presume' suggests.Page 34 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025
NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined Secondly, the existence and availability of the abovesaid three circumstances shall not, like a formula, enable the presumption being drawn; before the presumption may be drawn the court shall have to have regard to 'all the other circumstances of the case'. A consideration of all the other circumstances of the case may strengthen the presumption or may dictate the conscience of the court to abstain from drawing the presumption. The expression
-- 'the other circumstances of the case' used in Section 113-A suggests the need to reach a cause-and-effect relationship between the cruelty and the suicide for the purpose of raising a presumption. Last but not the least, the presumption is not an irrebuttable one. In spite of a presumption having been raised the evidence adduced in defence or the facts and circumstances otherwise available on record may destroy the presumption. The phrase 'may presume' used in Section 113-A is defined in Section 4 of the Evidence Act, which says -- 'Whenever it is provided by this Act that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it."
22. In the case of Raj Rani (Smt.) Vs. State (Delhi Administration), [(2000) 10 SCC 662], it was observed by the Hon'ble Supreme Court as under:-
"4. We have gone through the entire writing contained in the suicide note. It makes a serious castigation against her husband for being an addict to narcotic drugs. Then she made a general allegation against her mother-in-law and in a lesser degree towards the Page 35 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined appellant. But unfortunately she did not advert to any concrete instance which can be termed as cruelty as defined in Section 498-A of the Penal Code, 1860. The utterances said to have been made by the appellant towards the deceased were to her chagrin and she had taken them very seriously and in the suicide note she described such utterances as not worthy of reproduction.
5. It is not enough that the deceased felt those words hurting, it must be subjected to judicial scrutiny and the Court must be in a position to hold that those words were sufficiently hurting enough as to amount to "cruelty" falling within the parameters fixed in Section 498-A of the Penal Code, 1860. The area remains grey and vague. Not a single word said to have been spoken by the appellant as against the deceased had been put on record by the deceased in the suicide note in spite of the fact that the said note is a very lengthy letter running into several paragraphs. The tenor and language of the suicide note would reflect that she was not an illiterate lady. As the Court is rendered helpless to judge whether the words which the deceased heard from the appellant would amount to cruelty, it is far from possible for the criminal court to hold that she is guilty of the offence of cruelty as envisaged in the section. It is also to be pointed out that the deceased did not mention a single deed which the appellant would have done against her. All that is said against the appellant was that she spoke something which she took as objectionable."
23. Here in the present case, the daughter of the Page 36 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined deceased and the accused had been examined as witnesses. She has not alleged about any cruelty meted to the mother from the side of the father. The complainant's allegation of money demanded by the accused also does not get proved. The learned Judge has not believed the case under Dowry Prohibition Act. As referred above, analysing the letters produced during the trial, it appears that certain circumstances forced and pressed the accused to borrow money. Some social relations constrained the deceased herself to demand Rs.5,000/- from the parents. The allegation of the scooter does not get proved. The document from the complainant in the form of letter itself proves that the scooter was returned back in a good condition. The immediate proximate cause of suicide by the wife does not get proved during the trial.
24. In view of the analysis of the evidence and relying on the principles laid down in the referred judgment, taking into fact that the matrimonial life was of 13 years, the prosecution had failed to prove cruelty as defined under Section 498A to consider Page 37 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025 NEUTRAL CITATION R/CR.A/133/2004 JUDGMENT DATED: 28/11/2025 undefined case for conviction under the same section and for that reason, the observation of the learned Trial Court Judge becomes erroneous and is required to be set aside.
25. Proviso to sub-section (2) of Section 394 Cr.P.C. permits the near relatives to apply for the leave to continue the appeal after the death of the appellant and if the leave is granted, the appeal shall not abate. Explanation to proviso includes lineal descendants in the definition of near relative. Hence, the daughters and son are on record to continue with the appeal.
26. In the result, appeal is allowed. The judgment and order dated 20.11.2023 passed by the learned Sessions Judge, Banaskatha, District Palanpur in Sessions Case No.55 of 1997 is set aside and the deceased accused stands acquitted. Record and Proceedings be sent back to the concerned Trial Court forthwith.
(GITA GOPI,J) PARMAR KRISH/SB-01 Page 38 of 38 Uploaded by PARMAR KRISH JAYESH(HC02348) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 22:07:22 IST 2025