Gujarat High Court
Patel Gandalal Joitaram vs State Of Gujarat on 24 September, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1309 of 2005
With
R/CRIMINAL APPEAL NO. 2107 of 2005
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
==========================================================
Approved for Reporting Yes No
√
==========================================================
PATEL GANDALAL JOITARAM
Versus
STATE OF GUJARAT
==========================================================
Appearance in Criminal Appeal No.1309 of 2005:
MR J M PANCHAL(529) for the Appellant(s) No. 1
MR K J PANCHAL(2422) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 1
MRS REKHA H KAPADIA(2246) for the Opponent(s)/Respondent(s) No. 1
MR ROHAN H.RAVAL APP for the Opponent(s)/Respondent(s) No. 1
Appearance in Criminal Appeal No.2107 of 2005
MR ROHAN H.RAVAL APP for the Appellant(s) No. 1
MR J M PANCHAL(529) for the Opponent(s)/Respondent(s) No. 1
MR K J PANCHAL(2422)for the Opponent(s)/Respondent(s) No. 1
MR SHRIKAR H.BHATT for the Opponent(s)/Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 24/09/2025
ORAL JUDGMENT
1. Criminal Appeal No.1309 of 2005 is filed under Section 374(2) of the Criminal Procedure Code, 1973 (hereinafter referred to as the Page 1 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined 'Cr.P.C.' for short) by the appellant being accused No.1, who came to be convicted under Section 306 read with Section 114 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) by the judgment and order dated 14.06.2005 passed by the Principal Sessions Judge, Mehsana in Sessions Case No.70 of 2005.
1.1 The trial was against five of the accused. The accused No.2, as per jail remarks has already undergone the sentence. He had been in jail for about 2 years 8 months and 23 days and came to be released from jail on 20.02.2008. While accused Nos.3, 4 and 5 were acquitted for the offence punishable under Sections 306, 427 and 506(1) read with Section 114 of IPC.
1.2 The present appellant as accused No.1 and accused No.2 were exonerated from the offence punishable under Sections 427 and 506(1) of the IPC.
Page 2 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined 1.3 Criminal Appeal No.2107 of 2005 is filed by the State under Section 377 of the Cr.P.C. for enhancement of sentence for the offence punishable under Sections 306 read with Section 114 of IPC against accused Nos.1 and 2.
2. The prosecution case was that deceased Satishkumar Ramanlal Tuvar was having his business in the shop whose original owner is the present appellant - Patel Gandalal Joitaram. While accused No.2 - Chauhan Jamnadas Mangilal was the tenant of accused No.1. Deceased - Satishkumar Ramanlal Tuvar was in shop in the status of sub-tenant of accused No.2. 2.1 According to the prosecution case, deceased had paid a sum of Rs.1,00,000/- to accused No.2 as deposit with agreed rent of Rs.500/- per month, which the deceased was to pay to accused No.2. The prosecution case is that sub-letting of the shop was noticed by the present appellant Page 3 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined being the owner of the shop, who objected the deceased as well as accused No.2. There was civil litigation between the parties on the issue of sub-letting filed by accused No.2 and the deceased, against present appellant and his wife. 2.2 The complaint came to be filed by Sarswatiben wife of deceased on 29.08.2004 with Mehsana Police Station, which was registered as Cr.No.I-190/2004. The complaint by her narrated that she had married deceased 20 years ago and out of their matrimonial life, they have one son and one daughter. The husband on 24.08.2004 was in his shop below 'Bandhan' Hotel, where he was having his business of repairing Sofa-set cover and on that day, he consumed poison, and during the course of his treatment at Ahmedabad Civil Hospital, he died.
2.3 The complainant stated that the old shop of her husband was in the line of Ashoka Guest Page 4 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined House, Opposite Nagarpur College, where he was running his work in the shop for about last nine years. The shop was given as sub-tenant and for that purpose Rs.1,00,000/- was paid as deposit (Pagadi) and the rent decided was Rs.500/- for the shop. The complainant stated that in the shop, her husband was doing the business of hood- lining and was manufacturing Sofas. The original tenant was accused No.2 - Chauhan Jamnadas Mangilal.
2.4 It was alleged by the complainant that the present appellant as owner of the shop had forced her husband to vacate the shop. Thereafter, her husband had asked to return back the deposit amount. While taking away the possession, the complainant alleged that the present appellant had not returned a single 'paisa' of the 'Pagadi' amount and had threatened that her husband had to vacate the shop, therefore, the complainant's husband had filed a suit in the Mehsana Civil Page 5 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined Court and injunction was asked for. 2.5 The complainant stated that on 09.08.2008, the Court Commissioner was to draw the panchnama, but prior to that the owner i.e. the present appellant - Patel Gandalal Joitaram on 07.08.2003, ransacked the goods and materials in the shop of her husband and had got the shop vacant. Thereafter, in the Civil Suit No.315/03, there was an order in their favour. On 15.03.2004, her husband had informed her about the order and in accordance to the order, her husband had gone to the present appellant for demanding the possession of the shop. However, it is alleged that the appellant was often threatening her husband and was not handing over the possession of the property.
2.6 The complainant stated that her husband had also told her that Jamnadas Mangilal Chauhan - accused No.2, too was threatening her husband, Page 6 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined which continued. She further alleged that persons of Gandalal Joitaram Patel would often come at the place, which she said was the shop at Bandhan Hotel and would threaten him. On the night earlier of the day of incident, her husband had come home and without taking dinner, he started crying and told her that Gandalal Joitaram Patel, Jamnadas Mangilal Chauhan and the persons of Gandlal would not allow him to live, and any time there would be big quarrel, the complainant had tried to pacify deceased saying that they had won in the Court and that he should not be worried about it.
2.7 It is alleged that, inspite of that assurance, her husband sleeping at night, and thereafter next day in the morning of 24.08.2004, he reached at 9 O' clock in his new shop at 'Bandhan' Hotel, as he got offended because of the threat with regard to the shop by Patel Gandalal Joitaram, Jamnadas Mangilal and his Page 7 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined persons, he consumed poison and committed suicide. The incident she said had occurred on 24.08.2004 at about 11:00 in the shop, which he had rented opposite Nagarpur Highway below Hotel 'Bandhan' and on the basis of the complainant, she asked for legal process.
3. Learned advocate Mr.K.J. Panchal for the appellant submitted that the trial itself against the accused is bad in law. The civil litigation was pending between the parties and the parties were bound to follow the judgment of Civil Court. Advocate Mr. Panchal submitted that the deceased had no right to stay in the property, as deceased was not the tenant of the appellant and it was the case of illegal sub-letting, where the suit was pending between the parties.
3.1 Learned advocate Mr. Panchal referring to the cause title of the Regular Civil Suit No.315/2003 submitted that the suit was filed by Page 8 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined accused No.2 and deceased against the present appellant and her wife - Manjulaben Gandalal Patel as defendant Nos.1 and 2. The suit was filed on 15.12.2003, thus, Mr. Panchal submitted that there would not be any Court Commissioner prior to the institution of the suit and the complainant alleging the Court Commissioner to come at the shop on 09.08.2003, would stand falsify on the face of the record. Advocate Mr. Panchal submitted that deceased had illegally occupied the suit shop and the suit does not state that it was deceased, who had given the deposit amount of Rs.1,00,000/- and also drew the attention of the Court to the agreement dated 31.07.2003, Exh.21, which was an agreement between deceased and the wife of the present appellant, who was defendant No.1 in the suit. 3.2 Learned advocate Mr. Panchal submitted that the document Exh.21 suggests that deceased himself had executed the writing and the Page 9 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined endorsement shows that the writing was in presence of brother of deceased, whereby the document Exh.21 clarifies that there was no deposit amount or goodwill amount placed in the business and that deceased himself had declared that he had no right, interest or share in the goodwill or the goods and materials of the shop, and that defendant No.1 i.e. wife of the present appellant was entitled to remove the deceased from being daily wager. Advocate Mr. Panchal, thus, stated that the agreement Exh.21 and the suit vide Exh.22 gives a contrary facts than what has been stated in the complaint.
3.3 Learned advocate Mr. Panchal further stated that the suit was of 15.12.2003, while the deceased committed suicide on 24.08.2004, which is almost after nine months, whereas, as per the details, the order below Exh.5 was passed on 15.03.2004, which is noted in the complaint. Advocate Mr. Panchal thus, stated that if the Page 10 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined order of the Court below Exh.5 as an interim injunction was in favour of deceased, then he was entitled to get it executed and thus, submitted that there was no immediate cause for deceased to commit suicide nor was any such fact which was connected with the shop, which was given on rent to accused No.2, which could have driven the deceased to commit suicide.
3.4 Learned advocate Mr. Panchal stated that test for the Court would be to examine whether an ordinary prudent man in the given circumstances would have preferred to take this ultimate step of suicide finding no other alternative for his life.
3.5 Learned advocate Mr. Panchal further stated that suicide note though proved in the handwriting of the deceased is supposed to be a daily diary maintained by deceased of his work and thus the probative value of the suicide note Page 11 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined has to be examined in connection with the alleged dispute, which does not bear close proximity to draw an inference even of any abetment, where the appellant would have instigated deceased with the sole intention of driving him to commit suicide. 3.6 Learned advocate Mr. Panchal further submitted that from the case of the prosecution, it cannot be presumed that the appellant by his conduct intended deceased to commit suicide and it was absolutely a civil dispute, which could have been resolved only by the Civil Court, and deceased was required to wait for decision of the Civil Court, and if at all deceased had any grievance against the appellant, then he could have raised it before the Civil Court, when the lis was still pending.
3.7 Mr. Panchal, learned advocate further hinted that the suit was filed by the deceased as well as accused No.2 against the present appellant and Page 12 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined his wife. If that had been so, there was no reason for deceased to make any allegation against the present appellant, even more so, against accused No.2.
3.8 Advocate Mr. Panchal further stated that deceased had voluntarily left the place and had started his business at the place near 'Bandhan' Hotel and therefore, there was no reason whatsoever for him to commit suicide, as there would not have been any case of financial constraints, and when the admitted position was that deceased was a sub-tenant of accused No.2, he was required to ask for the deposit amount i.e. 'Pagadi' from accused No.2.
3.9 Advocate Mr. Panchal further submitted that the suit property actually belongs to the wife of the appellant and she being the owner, a document Exh.21 was executed prior to filing of the suit. Mr. Panchal submitted that the prosecution has Page 13 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined failed to examine the brother - Tikamlal Ramanlal Tuvar, before whom the document Exh.21 was signed on 31.07.2003. Advocate Mr. Panchal submitted that there was no case to be considered as abetment for the conviction to follow under Section 306 IPC against the appellant.
4. On behalf of complainant, learned advocate Mrs.Rekha H.Kapadia had been appointed by the Gujarat State Legal Services Authority. She sternly submitted that the suicide note is a statement of deceased. The expert opinion has approved the suicide note. The dispute was about the deposit, which was the 'Pagadi' amount given to the present appellant and there was continuous threat by the appellant and his men to deceased, who had informed the said fact to his wife, the complainant, and even prior to the date of suicide, the threat continued upon the appellant and other co-accused, and that would bring the case within the provisions of Section 306 of IPC Page 14 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined for the proximate cause of commission of suicide, where the abetment would be proved on record of the case.
5. Learned APP Mr. Rohan Raval appearing for the State submitted that the learned Trial Court Judge has shown leniency in sentencing the accused Nos.1 and 2. The continuous administration of the threat till the date prior to the commission of suicide has been proved on record and prima facie case under Sections 306 and 107 of the IPC would get attracted, and when the case itself proves through the documentary evidence and the evidence of the complainant, which is supported by the expert opinion for the suicide note, no further stricture proof would be required. Learned APP submitted that gravity of the case warrants enhancement of the sentence, which has been passed by the learned Trial Court Judge.
Page 15 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined
6. The prayer in Criminal Appeal No.2107 of 2005 has been made under Section 377 of Cr.P.C. for enhancing the sentence. The said Section permits the accused to plead for his acquittal or reduction of the sentence. Sub-section (3) of Section 377 reads as under:-
"(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence."
7. The prosecution examined Doctor Arvind Kantilal Kapadia - P.W.1, who stated that on 24.08.2004, when he was at General Hospital, Mehsana at 1:00 in the afternoon the patient Satishkumar Ramanlal Tuvar, aged about 40 years was brought by neighbour Maheshbhai Gowardanbhai Patel with the history that he had consumed some Page 16 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined liquid. The patient was unconscious. The witness had examined the patient, he examined the blood pressure and also checked the nerves. The retina of the eyes had constrained, which was reacting against the light. The patent was examined by the full time physician of General Hospital, Mehsana, who had given the treatment and when the situation was found grave, the patient was transferred to Civil Hospital, Ahmedabad at 14:00 hours in the afternoon. The fact was informed to the concerned police constable for recording dying declaration. The witness stated that the gastric lavage was preserved. The certificate he produced at Exh.14 is in relation to deceased. 7.1 P.W.2 - Doctor Chandrakant Bachubhai Patel was performing his duty in the postmortem room at Civil Hospital, Ahmedabad on 24.08.2004 and as per his testimony, on that day, about 5:30, A.S.I. Buckle No.4710 had brought dead body of Satishkumar Ramanlal Tuvar. The details narrated Page 17 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined in the postmortem report refers that the initial treatment was given at Mehsana Civil Hospital and on transfer for further treatment, he was brought to Ahmedabad Civil Hospital and on examination by the C.M.O. Doctor, he was declared dead at 16:15 hours. The postmortem was conducted at 5:45 in the evening, which got concluded at 6:45. The Doctor stated that the deceased on 24.08.2004 had consumed some poisonous substance at about 11 O' clock near Mehsana 'Bandhan' Hotel and the preliminary treatment was given at Mehsana Civil Hospital and thereafter with T.C. Memo for further treatment, the patient was brought to Ahmedabad Civil Hospital at 4:15 hours. 7.2 The cause of death, after referring to F.S.L. report Doctor stated the Malathion Oragano Phosphorous was found in liquid and the cause of death was consumption of poisonous substance. The P.M. report he produced in evidence at Exh.16. The Doctor affirmed that Oragano Phosphorous was Page 18 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined one type of chemical and as per the Doctor if rotten food is consumed, then chemical reaction would take place in the body, which damages the vital part, or the consumption of such poisonous substance may be accidental. The Doctor did not find any injury on the external part of mouth or on lips of the deceased.
8. The prosecution has not brought on record the details regarding purchase of the insecticide. As per Doctor such substance could be found in the rotten food materials, which would have the chemical effect and ultimately damage the vital part of the body. Whether the consumption was accidental or intentional, was required to be proved. The sample mark-A was shown to be an iron box of fertilizer, which was containing 10 ml. reddish brown colour liquid, which was seized in presence of the panchas by the police, which was having a peculiar stench. The police was required to further investigate Page 19 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined regarding the purchase of insecticide, which was seized. How the deceased came in possession of such insecticide was required to be proved.
9. The complainant as P.W.3 has reiterated the facts, as have been stated in the complaint. According to the complainant, her husband was in Sofa lining business. The shop was opposite Gulpur Bus Stand, beside Ashoka Guest House. The complainant stated that Rs.1,00,000/- 'Pagadi' was given to accused No.2 - Chauhan Jamnadas Mangilal and Rs.500/- monthly rent was paid by her husband. The complainant identified accused No.2 - Jamnadas in the Court. She further stated that the present appellant was owner of the shop and according to the complainant, the owner of the shop i.e. appellant - Patel Gandalal Joitaram had given the shop to accused No.2 - Chauhan Jamnadas Mangilal and accused No.2 had given the shop to her husband.
Page 20 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined
10. Learned advocate Mr.Shrikar H.Bhatt for respondent No.2 stated that the deposition of the complainant is contrary to the pleadings of the suit, where the learned advocate Mr. Bhatt for respondent No.2 in the appeal filed by the State, submitted that Regular Civil Suit No.315/03 was filed by deceased as well as accused No.2 together against the owner of the property, who were Manjulaben Gandalal Patel and Gandalal Joitaram Patel and both, the deceased as well as accused No.2 as plaintiff had made the pleading that both of them had taken the suit property being Shop No.17 from the defendants in the year 1994 at the monthly rent of Rs.500/- and had paid Rs.1,00,000/- as 'Pagadi' to the defendants, and lastly the defendants had given the rent receipt on 01.01.2000, and since the value of the property escalated, the defendants under one or other pretext were trying to dispossess the plaintiff and had got document Exh.21 executed. Page 21 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined 10.1 Learned advocate Mr.Shrikar H.Bhatt stated that Exh.21 was executed without the knowledge of accused No.2, who was plaintiff No.1 of the suit. Mr. Bhatt submitted that the lack of timely legal advice had led to incarceration of accused No.2 in jail, otherwise there was no case of conviction. Thus, submitted that no case of State for enhancement of sentence would stand against the respondents.
11. The evidence of the complainant, on appreciation could be found that it runs contrary to what has been pleaded in the Regular Civil suit No.315/2003, Exh.5 injunction application which was placed on record at Exh.23 of the trial.
12. Learned Trial Court Judge by referring to the evidence of P.W.3 i.e. the complainant coupled with the evidence of panchas came to the conclusion that deceased Satishkumar Ramanlal Page 22 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined Tuvar was not sick and that he had not died a natural death. The charge of the complainant was that her husband had committed suicide. The learned Judge relying on the evidence of P.W.1 and P.W.2, observed that the witnesses, as experts have authenticated that the death of Satishkumar Ramanlal Tuvar is neither homicidal nor natural, but that he passed away because of consumption of poisonous substance.
13. The Investigating Officer while visiting the place of incident has collected the bottle of the poisonous substance, which the deceased had consumed and the learned Judge while relying upon the evidence of P.W.8 - Mangalsinh Vaghela Exh.35, P.W.7 - Abaashkhan Imtiyajkhan Exh.34 and P.W.1 and P.W.2, the doctors, considering them as public servants observed that they would not have any personal bias against the accused nor would they be inimical to the accused, would have no reason to falsely deposed against them and thus, Page 23 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined considered the death as suicidal.
14. The evidence of the complainant, as P.W.3 on facts further records that the shop was on the rent basis for about 10 years and thereafter, the present appellant had got the shop vacated and had taken away the goods and material. The value of the material the plaintiff assessed as one and half lakh and according to her, the goods in the shop was forcibly taken away. The deceased demanded Rs.1,00,000/- back, which was given as 'Pagadi' to accused No.2 - Chauhan Jamnadas Mangilal, but the said amount of Rs.1,00,000/- was never returned back.
14.1 The complainant further states that till the date of complaint, neither the amount of deposit nor the value of the goods have been returned back to her. The possession of the shop was taken away by accused No.1, the present appellant, under threat. She voluntarily stated Page 24 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined that the case was instituted by them, which was in progress. As per the complainant, the death of husband occurred on 30.08.2004 and the cause was consumption of some medicine stating that her husband was not ill.
14.2 The complainant in her deposition stated that five of them were threatening her husband. Accused No.1 i.e. the present appellant was threatening uttering that he would kill all five of them. Accused would come at the shop to threaten as well as would visit the house to threaten them. The complainant further stated in the deposition that whenever the husband would come back home, he used to talk about the threat to do away with the life and he used to cry. She named Gandalal Joitaram, Jamnadas, Paresh Patel, Ashwin Patel and Aakashbhai, who were threatening the deceased. She further clarified that she was unaware as to why Patel Pareshbhai Ashwinbhai and Aakashbhai were threatening her husband. However, Page 25 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined her husband would tell her and had referred their names. As per the complainant version being fed up of all the harassment, the husband had committed suicide at the new shop, where the rent of the shop was Rs.1500/- per month and no deposit was paid for the shop. At the time of incident, the complainant was at Visnagar on her job. The complainant identified her complaint Exh.18.
14.3 As per further deposition of the complainant, prior to the death, the husband had made a writing. During the course of trial, the seal packet was opened where from a notebook was shown to the complainant, which was put in evidence at Exh.19, marked as B/1, and mark A/1 and A1/1/7 to 14 were also put in evidence at Exh.20.
14.4 In the cross-examination, the witness stated that her husband was sitting at the shop for Page 26 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined about 10 years. Her husband had given Rs.1,00,000/- as 'Pagadi' to accused No.2, while there was no partnership agreement. The rent was Rs.500/- per month. She denied the suggestion that there was partnership agreement dated 10.09.1988 of her husband with accused No.2. However, she affirmed that in the shop, accused No. 2 and her husband were doing various businesses. She had deposed that her husband had also given a complaint to D.S.P. alleging that accused No.2 would usurp the shop. The complaint was filed by her husband along with accused No.2. During the course of cross-examination, the copy of Exh.5 in Regular Civil Suit No.315/03 was put in evidence at Exh.23.
14.5 In the cross-examination, it has come on record that the shop, which was at the another place, referring to the place below 'Bandhan' Hotel, where deceased committed suicide, complainant stated that her husband was running Page 27 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined the shop there for last 8 to 9 months and during that period, her husband was attending the Court along with accused No.2. She denied the suggestion that accused No.2 had not threatened her husband and also denied the suggestion that since her husband was in debts, therefore, fed up of life had committed suicide. The diary at Exh.19 and 20 was procured from the shop. She denied of having seen her husband writing diary at home. She also affirmed that in the complaint, the names of accused Nos.3, 4 and 5 were not given.
14.6 The evidence of the complainant, therefore, clarifies that deposit amount was taken by accused No.2 - Chauhan Jamnadas Maginlal, while present appellant had no connection with the deposit amount. The suit was filed by accused No.2 and the deceased jointly as plaintiffs against the present appellant and his wife. The attempt appears to have been made by accused No.2 Page 28 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined along with deceased to file a complaint against the appellant in view of the fact that the appellant had taken an objection with regard to sub-letting of the shop property. 14.7 Further fact that emerges is that the deceased was working in the shop for about 10 years. So the amount as stated to be a 'Pagadi' amount would have been given almost about 10 years prior. Accused No.2 took deceased in the shop property, whether it was partnership or sub- letting is an issue to be decided by the Civil Court. However, prima facie the fact remains that the appellant had no connection whatsoever with the 'Pagadi' amount. The suit was filed by the accused No.2 and the deceased. The writing, which is in form of Exh.21 is between the deceased and the wife of the present appellant dated 31.07.2003. The deceased consumed poison on 24.08.2004, which would also be almost about an year from writing Exh.21. Thus, the act of the Page 29 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined deceased to commit suicide would also have no direct bearing to document Exh.21. 14.8 As recorded earlier, accused No.2 has already served the sentence. He had not preferred any appeal against the judgment of conviction.
15. The writings of the deceased is not a disputed fact. The opinion of the expert, as P.W.6 - Darshanbhai Maganlal Patel is on record. The handwriting expert has given the details of his course of examination of the handwriting. Nothing substantial could be brought on record by way of cross-examination to defy the handwriting of deceased. The opinion of the Assistant Examiner of Questioned Documents, H.P.B., F.S.L., G.S., Gandhinagar is as under:
"I have carefully and thoroughly examined the original documents of this case in all respects of handwriting identification, detection of forgery and allied subject, with necessary scientific Page 30 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined aids in my laboratory at Gandhinagar.
My opinion that "the red encircled disputed writings marked 'D1, D2 and the red encircled natural writings marked 'N1, N1/1 to N1/19 are written by one and the same person", is based upon the following considerations.
Both the disputed and natural writings agree in general writing characteristics such as movement which is hand predominant with some action of finger, line quality is free, smooth and normal, speed-medium and in skill spacing, alignment, slant, relative size and proportion of letters.
The disputed writings also agree with the natural writings, in minute and inconspicuous details of formation of letters and their combinations. Some of such individual features are, movement in execution of first Gujarati letter... ...
...
... The natural and disputed writings are found similarly at one or the other place in nature writings. The natural and disputed writings are consistent, no signs of disguise or imitation in disputed writings, they are freely written, containing suitable and sufficient data for examination and comparison between disputed Page 31 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined and natural writings. I do not find any basic difference except(sic) the natural variations. Some of the features of similarities as mentioned above are found suitable and sufficient. In short all the significant features as occurring in disputed writing are found similarly at one or the other place in the natural writings and will not accidentally coincide in the writing of two different persons but are only due to common authorship. All these considerations lead me to the aforesaid opinion."
15.1 If the document is to be considered as suicide note, then the diary is the one which was maintained by the deceased for writing accounts of his business. The first page of Exh.19 is expressing his repentance towards the parents, brother and other family members and asked for forgiveness and had prayed for pardoning him stating that he had caused great pain to them. Further, he has referred to the Bank of Baroda Certificate and the place where he had kept the same. Second page of Exh.19 referred to the names Page 32 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined of persons stating that because of them, he had to commit suicide. He has referred to the names as (1) Paresh Naranabhai Patel (2) Ashwin Narayanbhai Patel and referring to their accomplice as Aakash Chaudhary, resident of Mahalaxmi Society, Radhanpur Road, as V.B. Financewala. Thereafter, he has named the present appellant, as well as accused No.2 with the endorsement that both of them had cheated him for the amount of Rs.1,80,000/-.
15.2 The Trial Court Judge, while considering the suicide note has acquitted accused Nos.3 to
5. The observation of the learned Trial Court Judge in Para-14 is as under.
"14. As this Court has arrived to a conclusion that deceased Satishkumar Ramanlal Tuvar has died suicidal death, the question remains to be adjudicated whether the accused persons are responsible for the suicidal death of the deceased Satishkumar Ramanalal Tuvar. It is the case of prosecution that deceased Satishkumar Page 33 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined Ramanlal Tuvar was given threat constantly by the accused persons. Before this Court may enter into merits and demerits of the case, it is pertinent to note here that prosecution has not been able to lead any evidence suggesting the involvement of accused Nos. 3, 4 and 5. P.W.3 -
Sarasvatiben Satishkumar Tuvar - Exh.17 has only deposed that accused persons were coming and causing threat to the deceased but at what time and on which day and for what reason the accused Nos. 3, 4 and 5 has given threat to the deceased has not been disclosed by the Sarasvatiben. Other than this the prosecution has not lead any evidence warranting the involvement of accused Nos.3, 4 and 5 having nexus with the commission of crime and in these circumstances when the reliable, trust worthy evidence is not coming forth on record regarding role played by the accused Nos.3, 4 and 5, then this Court is left with no option except to record acquittal of the accused Nos.3, 4 and 5 for the charges leveled against them."
15.3 While considering the threats administered by all the accused, learned Trial Court Judge was of an opinion that the prosecution has not been able to lead any evidence suggesting the Page 34 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined involvement of accused Nos.3, 4 and 5 and that the complainant only stated that the accused persons were coming and causing threat to deceased, but the complainant has failed to state about any time or day or the reason to connect accused Nos.3, 4 and 5, who were alleged to have given threat to deceased. Learned Judge was also of an opinion that the prosecution has not laid any evidence warranting involvement of accused Nos.3 to 5, nor the nexus with the commission of crime and the circumstances which would be considered as reliable and trustworthy are not proved on record. Hence, the reasons given by the learned Trial Court Judge prompted the Judge to record the acquittal of accused Nos.3, 4 and 5. 15.4 While considering the evidence with regard to the present appellant, as well as accused No.2, the Trial Court Judge on the factual aspect had observed that accused No.2 was not authorized or empowered by any law to sublet the shop, which Page 35 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined was owned by the present appellant - accused No.1. It was further observed that there was no specific agreement authorizing accused No.2 to sublet the shop to any person. The Trial Court Judge observed that accused No.2 was having the knowledge and was fully aware of the fact that neither he is the owner of the shop, nor he can sublet the shop. Inspite of that fact, he had sublet the shop to deceased - Satishkumar Ramanlal Tuvar.
15.5 Further observation of the learned Judge was that accused No.2 persuaded the deceased to part with the handsome amount of Rs.1,00,000/- as a consideration of subletting the shop, and that he was not satisfied with the sum of Rs.1,00,000/- and had also asked deceased to pay rent of Rs.500 in addition to sum of Rs.100,000/-. The deceased need was considered as dire and therefore, had surrendered to the illegal act of accused No.2 and had handed over Page 36 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined the sum of Rs.1,00,000/- and was also regularly paying rent of Rs.500/- per month to accused No.2, though accused No.2 was not entitled to receive the same, as the said act was not recognized by law. The observation of the learned Trial Court Judge was that photocopy of the document rendered in evidence was not proved, as per the provisions of Evidence Act, finally concluded that the deceased was shuttled between accused Nos.1 and 2.
15.6 It was further observed that deceased had assisted accused No.1 by executing the deed and handed over the possession of the shop on paper to accused No.1 on 09.08.2003 and immediately, thereafter, he has been misused or used by the accused No.2 by filing the complaint or lodging the civil litigation observing, inter alia, that his signatures were taken on paper by deceitful means.
Page 37 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined 15.7 The learned Judge, thus, appreciating the evidence of the complainant formed an opinion that her evidence revealed that accused No.2 had been receiving rent of the shop for the last 10 years, and that accused No.2 was not legally authorized to collect the rent of shop from the deceased. It was further observed that accused No.2 had raised a plea that deceased was the partner of his firm, which fact was negated by the complainant. The Trial Court, thus, observed that deceased was not a partner, but was a sub- tenant to the shop and deceased was induced in the property by deceit means by accused No.2 and for the access in the shop, consideration of Rs.1,00,000/- was taken, therefore, accused No.2 was knowing and was fully aware that his act was not recognized by the law. The learned Judge, thus, was of an opinion that the omission of the legal act would amount to word 'aid' as mentioned in Section 107 of the IPC.
Page 38 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined 15.8 The learned Trial Court Judge was of the opinion that it was accused No.2, who had taken money from the deceased and the act of accused No.2 for his omission to do legal act was considered as an instigation in the form of aid as defined under Section 107 of the IPC. Referring to the deposition of the complainant, the learned Judge considered that accused No.2 had created such a situation by which the deceased Satishkumar Ramanlal Tuvar was left with no option except to commit suicide. 15.9 With reference to writing of Exh.19, the learned Judge was of an opinion that prosecution succeeded in bringing the guilt of accused Nos.1 and 2. The learned Trial Court Judge recorded that accused No.2 had deceived the deceased in receiving Rs.1,00,000/- and on the other hand, accused No.1 took advantage of the illegal act, omission and commission of accused No.2. The Page 39 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined accused No.2 and deceased were dispossessed from the shop. The deceased was ousted from the shop and when he had asked for his legal dues, he was refused by accused No.2. Not only that, but he was threatened by accused No.2, and accused No.1 did not return the possession of the shop. 15.10 Learned Judge considered the deceased as a man of lesser means, who could hardly manage the affairs of the family without having any room for carrying out the business and when accused No.2 refused to return back the money and when accused No.1 ousted him from the shop, there was none to render assistance to deceased, and in such a situation, the person cannot afford financial crisis, where the children are to be fed and the wife is to be maintained, and sufficient funds were required even for schooling of the children and the family, and if the persons put in such a situation wherein he neither can earn nor can receive his lawful dues, the tense question, Page 40 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined which the learned Judge found, would be before deceased how to survive in a selfish world and thus on assumption, the learned Judge considered that to be the reason deceased - Satishkumar Ramanlal Tuvar had written the last words that he has been cheated by accused Nos.2 and 1 to the tune of Rs.1,80,000/-. The amount was considered as handsome and big and on the ground that he was cheated, deceived and refused and neglected besides being threatened not supported by any civil authority, the learned Judge was of an opinion that not only person like deceased, but person having good sound mind would be driven to commit suicide, and the acts, omissions and commissions on the part of accused Nos.1 and 2 was considered to be of such a nature, which drove deceased to leave this world leaving behind his wife and children.
16. These observations of the learned Judge in background of the fact that civil suit was filed Page 41 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined appears to be misplaced and misinterpreted. The facts on record also found by way of complaint as well as deposition of the complainant that the deceased was already in a new shop with his business, where he committed suicide, which was the shop below 'Bandhan' Hotel. He was there in the shop for the last 8 to 9 months. Thus, it is not the case that he was not having his own source of income. It is also not the case of the complainant that they were starving, or deceased was not having any earning from his business, where the fact was brought on record that he was doing the work of Sofa lining.
16.1 Further the fact of giving threat through the accomplice of accused No.1 i.e. the present appellant has not been believed by the learned Judge. Accused Nos.3, 4 and 5 have been acquitted. What was the relation of deceased with Aakash Chaudhary, who was of V.B. Finance, was not proved on record. Whether the deceased was Page 42 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined under debts by way of some financial loan was not proved on record. The figure of Rs.1,80,000/- was also not proved since the allegation was only of the 'Pagadi' amount of Rs.1,00,000/-. The cheating of Rs.1,80,000/- was required to be proved by the prosecution, while the complainant had not explained such a fact in her testimony. She had never seen the present appellant coming at her home. It is not that the police had conducted any Test Identification Parade for rest of the accused, and when present appellant had never visited the house of deceased and when record itself suggests that deceased was doing his business at another place for the last 8 to 9 months which was below 'Bandhan' Hotel, the direct connection of the present appellant inducing the deceased to give away the rented shop property, does not get proved. 16.2 The fact of dispossessing deceased from the shop by the present appellant was also not proved Page 43 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined on record. Exh.21 is by the wife of the appellant, who was the owner of the shop executed with the deceased, and the document dated 31.07.2003 would have no connection with the act of the deceased committing suicide on 24.08.2004. The direct proximate and immediate nexus of connecting the present appellant with the act of deceased has not been proved. The observation of the learned Judge that it was an illegal act, omission and commission of accused No.2, whose advantage accused No.1 took also does not get proved. When the civil suit was still pending how it could be believed to conclude that the appellant - accused No.1 took disadvantage of illegal act, omission and commission of accused No.2.
16.3 The observation of the learned Judge that deceased was ousted from the shop also does get proved on record, since Regular Civil Suit No.315/03 was still in progress before the Court, Page 44 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined as deposed by the complainant, and if at all during the pendency of the suit, deceased opted to have his business in another property, then it was his own self-decision. Nothing could be brought on record of any forceful dispossession by the present appellant or the accused No.2, when the deceased had not made any complaint before the Civil Judge by filing an application. The observation of Trial Court is merely on inferences, while such observations were not fortified by any cogent evidence on record. Even the complaint of the wife was on assumption, where she had tried to involve all the persons apart from accused Nos.1 and 2, to state that all the accused were threatening deceased. The factum of Court Commissioner visiting the shop property was also not proved, to establish that the goods and materials in the shop were ransacked and plundered or being thrown away or usurped by the appellant.
Page 45 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined
17. In the case of Abhinav Mohan Delkar Vs. The State of Maharashtra & Ors., rendered in Criminal Appeal Nos.2177-2185 of 2024 dated 18.08.2025, as referred by learned Advocate Mr. Panchal, where the Hon'ble Supreme Court considering the provision of Section 306 of IPC raised an issue, whether every allegation or accusation levelled, a reprimand or rebuke made, an insinuation or insult voiced or even continuous acts of ill-treatment, harassment and defamation; as alleged in the case, would lead to a charge of abetment, if the person at the receiving end commits suicide, is a vexed question the Courts are called upon to decide when a charge is raised under Section 306 of the Indian Penal Code, 1860. The Hon'ble Supreme Court has referred and relied to the judgments of Ude Singh and Ors. v. State of Haryana , (2019) 17 SCC 301, Ramesh Kumar v. State of Chhattisgarh, (2001) 9 SCC 618 as well as State of West Bengal Page 46 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined v. Orilal Jaiswal, (1994) 1 SCC 73. 17.1 In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of the act(s) of incitement to the commission of suicide. Mere allegation of harassment would not suffice unless any proximate act on the part of the accused to be considered as instigation, which compelled the person to commit suicide is proved. Instigation means to goad, urge forward, provoke, incite or encourage to do an act. The question of mens rea on the part of the accused would have to be examined with reference to the actual acts and deeds of the accused.
18. In the case of Ude Singh v. State of Haryana , (2019) 17 SCC 301, the Hon'ble Supreme Court has held as under:
"16. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act(s) of incitement to the Page 47 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behaviour and responses/reactions. In the case of accusation for abetment of suicide, the court would be looking for cogent and convincing proof of the act(s) of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case.
16.1. For the purpose of finding out if a person has abetted commission of suicide by another, the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions above referred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been Page 48 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined hypersensitive and the action of the accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC. If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide. The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide..."Page 49 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined 18.1 To bring conviction under section 306 IPC, it is necessary to establish a clear mens rea by the instigating of the accused leaving victim with no other option except to commit suicide. It requires certain such act, omission, creation of circumstances, words, which would incite or provoke another person to commit suicide. What becomes instigation is explained in the judgment of Ramesh Kumar Vs. State of Chhattisgarh [2001 (9) SCC 618] .
18.2 In Ramesh Kumar (supra), the Hon'ble Supreme Court held that, where the accused by his acts or by a continued course of conduct creates such circumstances that the deceased was left with no other option but to commit suicide, an "instigation" may be inferred. In other words, in order to prove that the accused abetted commission of suicide by a person, it has to be established that -
Page 50 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined
(i) the accused kept on irritating or annoying the deceased by words, deeds or willful omission or conduct which may even be a willful silence until the deceased reacted or pushed or forced the deceased by his deeds, words or wilful omission or conduct to make the deceased move forward more quickly in a forward direction, and
(ii) that the accused had the intention to provoke, urge or encourage the deceased to commit suicide while acting in the manner noted above. Undoubtedly, presence of mens rea is the necessary concomitant of instigation. 18.3 The three Judges' Bench of the Hon'ble Supreme Court in Ramesh Kumar (Supra) had an occasion to deal with a case, in a dispute between the husband and wife, the appellant husband uttered "you are free to do whatever you wish and go wherever you like." The Court in para-20 has examined different shades of the Page 51 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined meaning of "instigation". Para-20 of the said judgment reads as under:
"20. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.
18.4 The factum of dying declaration in the form of letter was examined in the case of Pawan Kumar v. State of Himachal Pradesh, (2017) 7 SCC
780. The scope of the words 'abetment' and Page 52 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined 'instigate' have been considered, which had been reproduced in Para-43 and 44, which are reproduced hereinbelow for ready reference:
"43. Keeping in view the aforesaid legal position, we are required to address whether there has been abetment in committing suicide. Be it clearly stated that mere allegation of harassment without any positive action in proximity to the time of occurrence on the part of the accused that led a person to commit suicide, a conviction in terms of Section 306 IPC is not sustainable. A casual remark that is likely to cause harassment in ordinary course of things will not come within the purview of instigation. A mere reprimand or a word in a fit of anger will not earn the status of abetment. There has to be positive action that creates a situation for the victim to put an end to life.
44. In the instant case, the accused had by his acts and by his continuous course of conduct created such a situation as a consequence of which the deceased was left with no other option except to commit suicide. The active Page 53 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined acts of the accused have led the deceased to put an end to her life...."
19. In the present case, the learned Trial Court Judge had observed that the accused No.2 had illegally let deceased in the property of the appellant. The amount, as stated to be 'Pagdi' was given by deceased to accused No.2. The document Exh.21 was executed between deceased and the wife of the appellant, which was also one year prior to the act of commission of suicide. There was no such proximate act, which could be ascribed to the appellant to be considered as any cause for abetment. The allegation of threatening deceased through the accomplice of the appellant was also not proved. Accused Nos.3 and 5 were acquitted. The complainant had no occasion of seeing appellant coming to her house and threatening deceased. The appellant had submitted to the jurisdiction of the Civil Court in the Regular Civil Suit No.315/03, which was filed by Page 54 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined accused No.2 and deceased. There was no reason for appellant to even threaten deceased. If the fact is read combined with the evidence on record it appears that, since 8 to 9 months the deceased was having his own business at the shop below 'Bandhan' Hotel. It was not the case that deceased was suffering vagrancy. The complainant herself was doing job, and she had not stated anything about financial distress suffered by deceased. The fact of Rs.1,80,000/-, as alleged to be cheated by accused Nos.1 and 2, has not been proved during the trial. How such amount has been noted in the suicide note and how that amount could be connected with the present appellant could not be proved during the trial.
20. In the case of Pal v. State of West Bengal, (2010) 1 SCC 707, it was observed that mens rea is required to be proved, as has been noted in the case of Ude Singh (supra), which has been reiterated in the case of S.S. Cheena v. Vijay Page 55 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined Kumar Mahajan, (2010) 12 SCC 190 in following terms:
"... in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide."
21. The deceased appears to have been distressed by his own circumstances. It was not that he had no other alternative to have his own source of livelihood, rather it has come on record that since last 8 to 9 months, he was having his business at the shop below 'Bandhan' Hotel. What was the cause of pain or the loss was not proved on record. As aptly stated by learned advocate Mr. Panchal that the test would be whether the ordinary prudent person in similar situation would have found no other alternative, but to commit suicide. Keeping that yardstick to examine Page 56 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined the evidence on record, similarly situated person would not have committed any such act, where he already was having his own business and that the family was not in such a position to have been left helpless, more so, when a Civil Suit was filed. The recourse was already adopted by deceased by filing a Civil Suit.
22. With reference to the suicide note, where all accused have been named in the diary, however, no reference have been made of any act or incident, which could be considered as willful act or omission or intentionally aiding or instigating deceased to commit the act of suicide. There is nothing on record, which could say of any conspiracy between accused Nos.1 and 2, rather the suit was filed by accused Nos.2 and the deceased against the appellant. Reference has been made, of Rs.1,80,000/- alleging that accused Nos.1 and 2 had cheated him with that amount. There is no further mention of threat Page 57 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined administered by accused Nos.1 and 2 in the suicide note. No specific incident or act of accused Nos.1 and 2 had been mentioned in the suicide note, to be even considered as any act directly connecting the suicide. No evidence was found against accused Nos.3 to 5. They were attributed the role of threatening the deceased. Accused Nos.3 to 5 names were mentioned in suicide note, they came to be acquitted by the Trial Court and State has not preferred any appeal against their acquittal.
23. In the case of Mohit Singhal And Another Vs. State of Uttarakhand And Ors., (2024) 1 SCC 417, the Hon'ble Supreme Court has held as under:
"7. The suicide note records that the third respondent had borrowed a sum of Rs.60,000/-. According to the deceased, he had paid more than half of the amount to Sandeep. The suicide note records that as he could not pay the rest of the money, the first appellant came to his house and started abusing him. He stated that the Page 58 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined first appellant had assaulted him, and therefore, he complained to the police. He further noted that the business of giving money on interest was prospering. He stated that the third respondent is not a prudent woman, and due to her habit of intoxication and due to her conduct, she got trapped in this. In the suicide note, it is further stated that the first appellant has made his life a hell.
9. Section 306 of the IPC makes abetment to commit suicide as an offence. Section 107 of the IPC, which defines the abetment of a thing, reads thus:
"Section 107 - Abetment of a thing.- A person abets the doing of a thing, who-- First.--Instigates any person to do that thing; or Secondly.--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.--A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or Page 59 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing."
10. In the present case, taking the complaint of the third respondent and the contents of the suicide note as correct, it is impossible to conclude that the appellants instigated the deceased to commit suicide by demanding the payment of the amount borrowed by the third respondent from her husband by using abusive language and by assaulting him by a belt for that purpose. The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide. By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide. The deceased has blamed the third respondent for landing in trouble due to her bad habits."
24. In the case of State Of Kerala And Ors. Vs S.Unnikrishnan Nair And Ors., 2015 (9) SCC 639, the Hon'ble Supreme Court referring to the case of Netai Dutta Vs. State of West Bengal , (2005) 2 SCC 659, while dealing with the concept of Page 60 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined abetment under Section 107 of I.P.C. and, especially, in the context of suicide note, held as under:
"In the suicide note, except referring to the name of the appellant at two places, there is no reference of any act or incidence whereby the appellant herein is alleged to have committed any wilful act or omission or intentionally aided or instigated the deceased Pranab Kumar Nag in committing the act of suicide. There is no case that the appellant has played any part or any role in any conspiracy, which ultimately instigated or resulted in the commission of suicide by deceased Pranab Kumar Nag.
25. In the present case, the suicide note does not state of any continuous case of harassment. The reference of cheating of Rs.1,80,000/- is also not proved. If the suicide note (Exh.19) has to be read, then the cause for committing suicide has not been mentioned, however, deceased has referred names of the persons, who he thought to be responsible for his act of suicide. The Page 61 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined suicide note at Exh.19 on page No.2, appears to be in two parts. The first part refers to his cause of suicide referring to the names of Paresh Narayanbhai Patel, Ashwin Narayanbhai Patel and his accomplice Aakash Chaudhary, who was V.B. Finance. While referring to accused Nos.1 and 2, deceased had noted that both the persons have cheated him for the amount of Rs.1,80,000/-. The suicide note does not state that that the cause for suicide were accused Nos.1 and 2. 25.1 The payment of 'Pagadi' of Rs.1,00,000/- was an incident, which had occurred 10 years prior to the civil suit, which itself also would not have any direct connection with the cause of suicide. On record, it appears that accused No.2 had rather assisted the deceased for filing Regular Civil Suit No.315/03. What was the reason for shifting to a new shop below 'Bandhan' Hotel, would have been known only to deceased, while the complainant has failed to explain it and the Page 62 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined suicide note does not refer to it. It was not that deceased had no alternative to start his business on being vacated from the shop, and even if he was ordered to vacate the possession of the shop by the Court, or during that process of pendency of the suit, deceased vacates the shop, it could not be considered as any illegal dispossession. Nothing has come on record to state that deceased was forcibly driven out of the property, which is the suit property of Regular Civil Suit No.315/03.
26. Though, accused No.2 has already undergone the sentence, this Court does not find any reason for enhancing the sentence of accused No.2. Rather, the evidence on record proves that there was no any instigation from the side of both the accused and more specifically of the present appellant for considering the case under Section 107 of the IPC as an abetment, where nothing is proved that both the accused had continuously Page 63 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined harassed deceased with criminal mentality provoking him to commit suicide.
26.1 In Abhinav Mohan Delkar (Supra), the Hon'ble Supreme Court in paragraph Nos.22 and 23 has held as under:
"22. What comes out essentially from the various decisions herein before cited is that, even if there is allegation of constant harassment, continued over a long period; to bring in the ingredients of Section 306 read with Section 107, still there has to be a proximate prior act to clearly find that the suicide was the direct consequence of such continuous harassment, the last proximate incident having finally driven the subject to the extreme act of taking one's life. Figuratively, 'the straw that broke the camel's back'; that final event, in a series, that occasioned a larger, sudden impact resulting in the unpredictable act of suicide. What drove the victim to that extreme act, often depends on individual predilections; but whether it is goaded, definitively and demonstrably, by a particular act of another, is the test to find mens rea. Merely because the victim was continuously harassed and at one point, he Page 64 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined or she succumbed to the extreme act of taking his life cannot by itself result in finding a positive instigation constituting abetment. Mens rea cannot be gleaned merely by what goes on in the mind of the victim.
23. The victim may have felt that there was no alternative or option, but to take his life, because of what another person did or said; which cannot lead to a finding of mens rea and resultant abetment on that other person. What constitutes mens rea is the intention and purpose of the alleged perpetrator as discernible from the conscious acts or words and the attendant circumstances, which in all probability could lead to such an end. The real intention of the accused and whether he intended by his action to at least possibly drive the victim to suicide, is the sure test. Did the thought of goading the victim to suicide occur in the mind of the accused or whether it can be inferred from the facts and circumstances arising in the case, as the true test of mens rea would depend on the facts of each case. The social status, the community setting, the relationship between the parties and other myriad factors would distinguish one case from another. However harsh or severe the harassment, unless there is a conscious deliberate Page 65 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined intention, mens rea, to drive another person to suicidal death, there cannot be a finding of abetment under Section 306.
27. In the case under Section 306 IPC, mere allegation of harassment of deceased by another person would not suffice unless such an act or action on part of the accused would be proved, which could be shown to have compelled deceased to commit suicide and such an act is required to be proximate to the time of occurrence. As could be gathered from the facts and circumstances of the case and evaluation of the evidence on record and even by re-examination of evidence, such kind of facts and circumstances do not emerge on record to consider that there was any harassment from the side of accused Nos.1 and 2 for the commission of suicide by deceased, quite proximate to the date of suicide.
28. In the case of Prakash Vs. State of Maharashtra, [2024 INSC 1020], the Hon'ble Page 66 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined Supreme Court after analysing various decisions on the point summed up the legal position of Section 306 and 107 IPC in the following manner:
14. Section 306 read with Section 107 of IPC, has been interpreted, time and again, and its principles are well- established. To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity to the commission of suicide by the deceased. Such instigation or incitement should reveal a clear mens rea to abet the commission of suicide and should put the victim in such a position that he/she would have no other option but to commit suicide.
15. The law on abetment has been crystallised by a plethora of decisions of this Court. Abetment involves a mental process of instigating or intentionally aiding another person to do a particular thing. To bring a charge under Section 306 of the IPC, the act of abetment would require the positive act of instigating or intentionally aiding another person to commit suicide. Without such mens rea on the part of the accused person being apparent from the face of the record, a charge under Page 67 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined the aforesaid Section cannot be sustained.
Abetment also requires an active act, direct or indirect, on the part of the accused person which left the deceased with no other option but to commit suicide."
29. The prosecution has failed to show any ground for enhancement of sentence, rather the appellant has proved the case that it was not any case of abetment to suicide to attract the ingredients of Section 107 of IPC to be punishable under Section 306 IPC. As observed hereinabove with the analysis of the evidence, though all the five accused were named in the suicide note, the note does not refer to any such act direct or indirect of the accused, which could be considered as an instigation by the accused for the deceased having no other option, but to commit suicide. The circumstances and the acts attributed to the present appellant as well as accused No.2, even as respondents in the State appeal do not prove any proximate cause for the deceased to commit suicide.
Page 68 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025
NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined
30. In view of the above observations and discussions, Criminal Appeal No.1309 of 2005 is allowed and Criminal Appeal No.2107 of 2005 filed by the State is dismissed. The conviction and sentence of the appellant accused dated 14.06.2005 passed by the Principal Sessions Judge, Mehsana in Sessions Case No.70 of 2005 is hereby set aside. Bail bond, if any, stand discharged. Registry is directed to send the Record and Proceedings back to the concerned Trial Court forthwith.
31. In the operative order, the Trial Court had passed the order for the fine amount, which was ordered as Rs.2,50,000/- each for accused Nos.1 and 2.
31.1 Thus, now in view of the acquittal of accused No.1 i.e. the present appellant, the amount of fine of Rs.2,50,000/-, as ordered by the learned Trial Court Judge and to be deposited in the name of Sarasvatiben Satishmumar Tuvar and Page 69 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025 NEUTRAL CITATION R/CR.A/1309/2005 JUDGMENT DATED: 24/09/2025 undefined her three children with the Nationalised Bank or Post office be returned back to the appellant on proper verification of identity. The interest amount received by the complainant and her children need not be recovered. Hence, amount of Rs.2,50,000/- be handed over to the appellant.
(GITA GOPI,J) Pankaj/1 (Suppl.-I) Page 70 of 70 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 21:56:14 IST 2025