Gujarat High Court
State Of Gujarat vs Usmangani Abdulgafar Meman on 4 March, 2025
NEUTRAL CITATION
R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 445 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO Sd/-
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
USMANGANI ABDULGAFAR MEMAN & ORS.
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Appearance:
MR BHARGAV PANDYA, APP for the Appellant(s) No. 1
JAY J JANI(9303) for the Opponent(s)/Respondent(s) No. 1,3,4
MR HD CHUDASAMA(234) for the Opponent(s)/Respondent(s) No. 1,3,4
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 04/03/2025
ORAL JUDGMENT
1. This appeal has been filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dated 15.10.2007 in Sessions Case No.19 of 2006 passed by the learned Additional Sessions Judge, Fast Track Court No.4, Ahmedabad (hereinafter referred to as 'the learned Trial Court'), whereby, the learned Trial Court has acquitted the respondents - Page 1 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025
NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined accused from the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Code (hereinafter referred to as 'the IPC'). The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.
2. The relevant facts leading to filing of the present appeal are as under:
2.1. The accused No.1 was the husband, the accused No.2 is the brother-in-law, accused No.3 mother-in-law and accused No.4 is sister-in-law of deceased Hasinaben who was married to the accused No.1 on 14.09.1996. That all the accused used to physically and mentally harass the deceased and on 01.03.2004, as Hasinaben could not bear the torture between 12:00 and 13:00 hours, in House No.1526, Near New Masjid, Rasulabad Colony, Shahalam, she tied a dupatta to the fan and hanged herself and committed suicide. The offence was registered by Usmanbhai Adambhai Unani, the father of deceased Hasinaben on 03.03.2004, which was registered at I-C.R.No.120 of 2004 with Maninagar Police Station under Section 498(A) and 306 and 114 of the IPC.Page 2 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025
NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined 2.2. After registration of the FIR, the investigation was carried out by the concerned Investigating Officer and after having sufficient material against the accused, the chargesheet came to be filed before the concerned jurisdictional Magistrate. As the case was exclusively triable by the Court of Sessions therefore, after completion of process under Section 209 of the Cr.P.C., the case was committed to the Sessions Court and the same was registered as Sessions Case No.19 of 2006.
2.3. The accused were duly served with the summons and the accused appeared before the learned Trial Court and it was verified whether the copies of all the police papers were provided to the accused as per the provisions of Section 207 of the Code and a charge was framed by the learned Trial Court at Exh.2 and the statements of the accused were recorded at Exhs.3 to 6 respectively, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record. The prosecution has examined 10 witnesses and has produced 11 documentary evidence in support of the case. 2.4 After the closing pursis was submitted by the learned Page 3 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined APP at Exh.36, the further statements of the accused under Section 313 of the Code were recorded. After hearing the arguments of the learned APP and learned advocate for the accused and after perusing the documents on record, the learned Trial Court, by the impugned judgment and order, has acquitted the accused for the offences punishable under Sections 306, 498(A) and 114 of the IPC.
3. Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Trial Court, the appellant - State has filed the present appeal mainly stating that the learned Trial Court has committed a grave error on record of the case as the learned Trial Court has not properly appreciated the oral as well as documentary evidence in its true and proper perspective. The learned Trial Court has erred in not considering the ratio laid down by the judgment of the Apex Court which are applicable to the facts of the present case and the impugned judgment and order is perverse and suffering from legal and factual error apparent on the record. The learned Trial Court has erred in holding that the prosecution has failed to establish the case beyond the reasonable doubts. The learned Trial Court has, Page 4 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined without giving any specific reason, not discussed the evidence of the witnesses in the impugned judgment and order of acquittal and has discarded the evidence of the witnesses. The learned Trial Court has erred in not considering the evidence of the complainant and other witnesses which was fully supported the case of the prosecution. The learned Trial Court has passed the impugned judgment and order of acquittal is without giving any cogent and convincing reasons, illegal, invalid and improper, and therefore, the same requires to be quashed and set aside.
4. Heard learned APP Mr.Bhargav Pandya for the appellant - State and learned advocate Mr. Jay Jani for the respondents. Perused the impugned judgment and order of acquittal and have re-appreciated the entire evidence of the prosecution on record of the case.
5. Learned APP Mr.Bhargav Pandya for the appellant - State has taken this Court through the entire evidence produced by the prosecution and has vehemently argued that the learned Trial Court has not appreciated the evidence properly and the prosecution has produced cogent evidence to prove the case and Page 5 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined has successfully proved the case against the accused but the learned Trial Court has not considered the same and has acquitted the accused. The judgment and order of acquittal passed by the learned Judge is contrary to law, evidence on record and principles of justice. The judgment and order of acquittal passed by learned Judge is based on inferences, not warranted by facts of the case and also on presumptions, not permitted by law. Learned APP has urged this Court to quash and set aside the impugned judgment and order of acquittal and to find the accused guilty for the said offence. Learned APP has urged this Court to allow the present appeal and impose maximum sentence on the accused.
6. Learned advocate Mr.Jay Jani for the respondents - original accused has submitted that the learned Trial Court has appreciated all the evidence in true perspective and has not committed any error in acquitting the accused. Therefore, no interference of this Court is required in the impugned judgment and the order of acquittal passed by the learned Trial Court and has urged this Court to reject the appeal.
7. At the outset, before discussing the facts of the present Page 6 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined case, it would be appropriate to refer to the observations of the Apex Court in the case of Chandrappa & Ors. Vs. State of Karnataka reported in 2007 (4) SCC 415, the Apex Court has observed as under:
Recently, in Kallu Vs. State of M.P. (2006) 10 SCC 313 :
AIR 2006 SC 831, this Court stated; "While deciding an appeal against acquittal, the power of the Appellate Court is no less than the power exercised while hearing appeals against conviction. In both types of appeals, the power exists to review the entire evidence. However, one significant difference is that an order of acquittal will not be interfered with, by an appellate court, where the judgment of the trial court is based on evidence and the view taken is reasonable and plausible. It will not reverse the decision of the trial court merely because a different view is possible. The appellate court will also bear in mind that there is a presumption of innocence in favour of the accused and the accused is entitled to get the benefit of any doubt. Further if it decides to interfere, it should assign reasons for differing with the decision of the trial court". (emphasis supplied) ........ From the above decisions, in our considered view, the following general principles regarding powers of appellate Court while dealing with an appeal against an order of acquittal emerge;] (1) An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded;
(2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the evidence before it may reach its own conclusion, both on questions of fact and of law; (3) Various expressions, such as, 'substantial and compelling reasons', 'good and sufficient grounds', 'very strong circumstances', 'distorted conclusions', 'glaring mistakes', etc. are not intended to curtail extensive powers of an appellate Court in an appeal against acquittal. Such Page 7 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined phraseologies are more in the nature of 'flourishes of language' to emphasize the reluctance of an appellate Court to interfere with acquittal than to curtail the power of the Court to review the evidence and to come to its own conclusion.
(4) An appellate Court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
8. It is a settled principle of law that in an appeal against acquittal, the Appellate Court is circumscribed by limitation that no interference has to be made in the order of acquittal unless after appreciation of the evidence produced before the learned Trial Court, it appears that there are some manifest illegality or perversity which could not have been possibly arrived at by the Court. It is also a settled principle that there is no embargo on the Appellate Court to review the evidence but, generally the order of acquittal shall not be interfered with as the presumption of innocence of the accused is further strengthened by the order of Page 8 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case of the prosecution i.e.
(i) guilt of the accused and (ii) his innocence, the view, which is in favour of the accused, should be adopted, and if the trial Court has taken the view in favour of the accused, the Appellate Court should not disturb the findings of the acquittal. The Appellate Court can interfere with the judgment and order of acquittal only when there are compelling and substantial reasons and the order is clearly unreasonable and where the Appellate Court comes to conclusion that based on the evidence, the conviction is a must.
9. The accused has been charged with the offence under Section 306 of the IPC and at this juncture it would be fit to reproduce the observations of the Apex Court in the case of Prakash and others versus State of Maharashtra in the order passed in Criminal Appeal No.5543 of 2024 (Arising out of SLP (Cri.) No. 1073 of 2023 on 20 December 2024 in paras 12 to 22 which are as under:
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NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined "12. The relevant provisions of the IPC that fall for consideration are as under:
"306. Abetment of suicide.- If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
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 willful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Explanation 2: Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act."
13. Section 306 of the IPC has two basic ingredients-first, an act of suicide by one person and second, the abetment to the said act by another person(s). In order to sustain a charge under Section 306 of the IPC, it must necessarily be proved that the accused person has contributed to the suicide by the deceased by some direct or indirect act. To prove such contribution or involvement, one of the three conditions outlined in Section 107 of the IPC has to be satisfied.
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 Page 10 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined 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 10 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 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.
16. This Court in the case of S.S. Chheena v. Vijay Kumar Mahajan and Another12, had an occasion to consider the scope of Section 306 of the IPC and the ingredients which are essential for abetment, as set out in Section 107 of the IPC. It observed as follows:
16. The word "suicide" in itself is nowhere defined in the Penal Code, however its meaning and import is well known and requires no explanation. "Sui" means "self"
and "cide" means "killing", thus implying an act of self- killing. In short, a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself. ...........
18. In our country, while suicide in itself is not an offence, considering that the successful offender is beyond the reach of law, attempt to suicide is an offence under Section 309 IPC.
..........
21. The learned counsel for the appellant has placed reliance on a judgment of this Court in Mahendra Singh V. State of M.P. [1995 Supp (3) SCC 731 : 1995 SCC (Cri) 1157] In Mahendra Singh [1995 Supp (3) SCC 731 : 1995 SCC Page 11 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined (Cri) 1157] the allegations levelled were as under: (SCC p. 731, para 1) "1. ... My mother-in-law and husband and sister-in-law (husband's elder brother's wife) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law. Because of these reasons and being harassed I want to die by burning." The Court on the aforementioned allegations came to a definite conclusion that by no stretch the ingredients of abetment are attracted on the statement of the deceased. According to the appellant, the conviction of the appellant under Section 306 IPC merely on the basis of the aforementioned allegation of harassment of the deceased is unsustainable in law.
... ...........
23. In State of W.B. v. Orilal Jaiswal [(1994) 1 SCC 73 : 1994 SCC (Cri) 107] this Court has cautioned that: (SCC p. 90, para 17) "17. ... The court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it [appears] to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and 12 differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty."
24. This Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) [(2009) 16 SCC 605 : (2010) 3 SCC (Cri) 367] had an occasion to deal with this aspect of abetment. The Court dealt with the dictionary meaning of the words Page 12 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined "instigation" and "goading". The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person's suicidability pattern is different from the other. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances.
25. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306IPC 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."
17. This Court held that abetment involves the mental process of instigating a person or intentionally aiding a person in doing of a thing. Therefore, without a positive act on the part of the accused to instigate or aid a person in committing suicide, conviction cannot be sustained. This Court further observed that the intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 of IPC, there has to be a clear mens rea to commit the offence. Abetment also requires an active act or direct act which led the deceased to commit suicide seeing no other option and that act must have been intended to push the deceased into such a position that he committed suicide. However, this Court has cautioned that since each person reacts differently to the same provocation depending on a variety of factors, it is impossible to lay down a straightjacket formula to deal with such cases. Therefore, every such case has to be decided on the basis of its own facts and circumstances.
18. More recently, in the case of Jayedeepsinh Pravinsinh Chavda and Others v. State of Gujarat, this Court has relied on S.S. Chheena (supra) to hold that the element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible. Without this, the foundational Page 13 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined requirement for establishing abetment under the law, that is deliberate and conspicuous intention to provoke or contribute to the act of suicide, would remain unfulfilled. This Court observed as follows:
"18. For a conviction under Section 306 of the IPC, it is a well-
established legal principle that the presence of clear mens rea--the intention to abet the act--is essential. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide. The prosecution must demonstrate an active or direct action by the accused that led the deceased to take his/her own life. The element of mens rea cannot simply be presumed or inferred; it must be evident and explicitly discernible. Without this, the foundational requirement for establishing abetment under the law is not satisfied, underscoring the necessity of a deliberate and conspicuous intent to provoke or contribute to the act of suicide."
19. It is, therefore, evident that the positive act of instigation is a crucial element of abetment. While dealing with an issue of a similar nature, this Court in the case of Ramesh Kumar v. State of Chhattisgarh laid down the parameters of what would be constituted to be an act of instigation. This Court observed as follows:-
"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."
20. It could thus be seen that this Court observed that instigation is to goad, urge forward, provoke, incite or encourage to do "an act". It has been held that in order to satisfy the requirement of Page 14 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined 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, however, a reasonable certainty to incite the consequence must be capable of being spelt out. Applying the law to the facts of the case, this Court went on to hold that a word uttered in the fit of anger or 16 emotion without intending the consequences to actually follow cannot be said to be instigation.
21. Relying on the decision in the case of Ramesh Kumar (supra), this Court in the case of Ude Singh and Others v. State of Haryana observed as follows:
"16. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act(s) of incitement to the 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 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 Page 15 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined 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. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased.
16.2. We may also observe that human mind could be affected and could react in myriad ways; and impact of one's action on the mind of another carries several imponderables. Similar actions are dealt with differently by different persons; and so far a particular person's reaction to any other human's action is concerned, there is no specific theorem or yardstick to estimate or assess the same. Even in regard to the factors related with the question of harassment of a girl, many factors are to be considered like age, personality, upbringing, rural or urban set-ups, education, etc. Even the response to the ill action of eve teasing and its impact on a young girl could also vary for a variety of factors, including those of background, self-confidence and upbringing. 18 Hence, each case is required to be dealt with on its own facts and circumstances."
22. It could thus be seen that this Court observed that in cases of alleged abetment of suicide, there must be a proof of direct or indirect act(s) of incitement to the commission of suicide. It has been held that since the cause of suicide particularly in the context of the offence Page 16 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined of abetment of suicide involves multifaceted and complex attributes of human behaviour, the court would be looking for cogent and convincing proof of the act(s) of incitement to the commission of suicide. This Court further observed that a mere allegation of harassment of the deceased by another person would not suffice unless there is such action on the part of the accused which compels the person to commit suicide. This Court also emphasised that such an offending action ought to be proximate to the time of occurrence. It was further clarified that 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. It was further held that if the acts and deeds are only of such nature where the accused intended nothing more than harassment or a 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. This Court held that owing to the fact that the human mind could be affected and could react in myriad ways and that similar actions are dealt with differently by different persons, each case is required to be dealt with its own facts and circumstances."
10. In light of the above, the evidence produced by the prosecution on record is appreciated and the prosecution The prosecution has examined PW-1 Dr. Bhavin Shyamlal Shah at Exh.11 and the witness is the Medical Officer, who has conducted the post-mortem on the dead body of deceased Hasinaben Usmanbhai Gaffarbhai Memon. The witness has produced the post-mortem note at Exh.12 and as per Column No.17, a ligature mark was present on front of neck between chin and above cricold Page 17 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined cartilage on left side it went upwards and backwards and 4cm posteriors to left ear and than obliterated at posterior of neck on side it went upwards, backwards and than 5cms posterior to right ear and than obliterated of posterior of neck at hairs. On the left side, it was 14cm long and on right side, it was 15cm long on front of neck, it was 4cm X 5cm broad and on lateral aspect of neck on both side it was 1cm X 2cm broad. Groove was red purple, faint at places, dry, hard and parchment like. As per their opinion, the cause of death is asphixia due to hanging. During the cross- examination by the learned advocate for the accused, the witness has stated that besides the ligature marks mentioned in Column No.17, there were no other external injuries on the dead body of the deceased and the blood stains found on the dress of the deceased could be from the nose and mouth of the deceased. That the blood stains on the pyjama of the deceased were due to her period.
10.1 The prosecution has examined PW-2 Usmanbhai Adambhai Unani Exh.13 and the witness is the father of deceased Hasinaben and the complainant in the case and he has fully Page 18 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined supported the facts of the complaint. The witness has stated that he had good relations with the in-laws of his daughter and the sister-in-law of his daughter was married to his brother-in-law Rafiq and she had eloped from the house. That another sister-in- law of Hasinaben was married to another brother-in-law Abdul Sattar, and due to the incident of the sister-in-law eloping with Rafik, the other sister-in-law Wahida, who was married to Abdul Sattar, was not allowed to come to Ahmedabad as they thought that she too would elope. That Gaffarbhai had taken Rs.25,000/- for the divorce from Rafik and they had a strained relation after this incident. That he had not met Hasinaben and he had never spoken to her. During the cross-examination, the witness has stated that he had filed the complaint on 03.03.2004 and the in- laws of his daughter were not happy because of the divorce of Salma. That Wahida also did not go to her parental home and from the time of the divorce of Salma till the deceased died, he did not go to her house. That he had gone for the funeral of his daughter and after concluding the funeral and all the religious ceremonies, he had returned to Ahmedabad and did not file any police complaint till then. That when he went to Civil Hospital, the police Page 19 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined was present but he did not file any complaint.. 10.2 PW-3 Salimbhai Adamshafi Memon examined at Exh.15 is the panch witness of the inquest panchnama which is produced at Exh.16. The witness has not supported the case of the prosecution and has been declared hostile and has been cross- examined by the learned APP at length.
10.3 PW-4 Sajidbhai Usmanbhai Unani is examined at Exh.18 is the brother of the deceased and the witness has supported the case of the prosecution. During the cross- examination by the learned advocate for the accused, the witness has admitted that it is only after the divorce of Salmaben, the relations between them became strained and before that they had very good relations with the in-laws of his sister Hasinaben. That he would frequently visit the house of Hasinaben and they had stopped going to the house of Hasinaben and after the divorce of Salmaben, his mother or he had never gone to the house of the deceased Hasinaben. That Salmaben had eloped with a person named Ilyasbhai and his uncle had taken an amount of Rs.25,000/-. That when his sister Hasinaben came for her delivery, Page 20 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined she did not say anything about any harassment to her. 10.4. PW-5 Abdul Sattar Daudbhai Ravani is the uncle of the deceased and has been examined at Exh.20. The witness has fully supported the case of prosecution and he has stated that he came to know about the ill treatment to Hasinaben from the neighbours. During the cross-examination, the witness has stated that his brother and Hasinaben's marriage was performed on 14.09.1996 and at that time, they had good relations with the in-laws of Hasinaben. That after the divorce, he has not gone to the house of Hasinaben and the funeral of Hasinaben was done by her in-laws. That he did not inquire from anyone how Hasinaben had died but the neighbours had come and told him about the incident. That they did not ask the in-laws of Hasinaben how she expired. 10.5 PW-6 Zarinaben Usmanbhai Unani examined at Exh.21 is the mother of the deceased Hasinaben and she has fully supported the case of the prosecution. During the cross- examination, the witness has admitted that the relations between them was strained and earlier before the divorce of Salmaben, they had good relations.
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NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined 10.6. PW-7 Yusufbhai Daudbhai Memon at Exh.22 and the witness is the uncle of deceased Hasina and he was informed that Hasinaben had hanged herself. During the cross-examination by the learned advocate for the accused, the witness has stated that his house is very near to the house of the accused and after the divorce of Salmaben, he did not have any occasion to go to her house.
10.7. PW-8 Vijaysinh Khumansinh Zala examined at Exh.23 is the Investigating Officer, who has narrated in detail all the procedure undertaken by him during investigation. 10.8. PW-9 Hirabhai Ramabhai Desai examined at Exh.25 is the Investigating Officer, who had taken over the investigation after it was registered and has narrated the procedure that was undertaken by him. During the cross-examination by the learned advocate for the accused, the witness has stated that he did not inquire from the neighbours regarding the mental and physical torture and during investigation, he has not recorded any statements of any neighbours of the deceased. Page 22 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025
NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined 10.9. PW-10 Vinaybhai Vanabhai Chaudhari examined at Exh.32 and the witness has recorded the complaint and has partially investigated the offence. The witness has narrated the procedure that was undertaken by him. During the cross- examination, the witness has admitted that the complainant had stated that his daughter had come to his house for 10 days prior to the incident and in the complaint, the complainant had not stated that the accused had abetted the suicide of the deceased.
11. On minute appreciation of the entire evidence of the prosecution, the prosecution has examined only the family members and in the entire evidence of the prosecution, it emerged on record that the relation between the parties were good but after the divorce of the sister-in-law Salmaben of the deceased with Rafik, the relations between the family had soured and in the entire evidence of the prosecution, there is no specific harassment given to the deceased. That there are no specific dates or the reasons as to how the deceased was harassed and the incident has occurred on 01.03.2004 but the complaint has been recorded on 03.03.2004 and there is no reasons mentioned by the complainant Page 23 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined for the delay in filing the complaint. Admittedly, after the incident had occurred on 01.03.2004, Accident Death No.28 of 2004 was registered and investigated but, the documents of Accident Death No.28 of 2004 has not come on record. That there is no iota of evidence on record that the accused immediately preceding the incident had incited goaded or abetted or done any act that would amount to abetment of suicide of the deceased.
12. In view of the above, the learned trial Court has appreciated the entire evidence in proper perspective and there does not appear to be any infirmity and illegality in the impugned judgment and order of acquittal. The learned Trial Court has appreciated all the evidence and this Court is of the considered opinion that the learned Trial Court was completely justified in acquitting the accused of the charges leveled against them. The findings recorded by the learned Trial Court are absolutely just and proper and no illegality or infirmity has been committed by the learned trial Court and this Court is in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the learned Trial Court. This Court finds no Page 24 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025 NEUTRAL CITATION R/CR.A/445/2008 JUDGMENT DATED: 04/03/2025 undefined reason to interfere with the impugned judgment and order and the present appeal is devoid of merits and resultantly, the same is dismissed.
13. The impugned judgment and the order dated 15.10.2007 in Sessions Case No.19 of 2006 passed by the learned Additional Sessions Judge, Fast Track Court No.4, Ahmedabad is hereby confirmed.
14. Bail bond stands cancelled. Record and proceedings be sent back to the concerned Trial Court forthwith.
Sd/-
(S. V. PINTO,J) F.S. KAZI Page 25 of 25 Uploaded by F.S. KAZI(HC01075) on Wed Mar 05 2025 Downloaded on : Wed Mar 05 22:21:27 IST 2025