Gujarat High Court
State Of Gujarat vs Prakash Meghjibhai Dalwadi on 11 November, 2025
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.A/1114/2004 JUDGMENT DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1114 of 2004
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ILESH J. VORA Sd/-
and
HONOURABLE MR. JUSTICE R. T. VACHHANI Sd/-
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Approved for Reporting Yes No
No
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STATE OF GUJARAT
Versus
PRAKASH MEGHJIBHAI DALWADI & ORS.
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Appearance:
MR J K SHAH, APP for the Appellant(s) No. 1
RULE UNSERVED for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 11/11/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. Here is the Appeal by the State against the judgment and order of acquittal.
2. Being dissatisfied by the judgment and order passed by the learned Additional Sessions Judge, Bhavnagar, dated 09.04.2004 passed in Sessions Case No.174 of 1999, acquitting the respondents from the offence under Sections 498A, 306, 302, 323, 504 read with Section 114 Page 1 of 12 Uploaded by TAUSIF SAIYED(HC01401) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:53:45 IST 2025 NEUTRAL CITATION R/CR.A/1114/2004 JUDGMENT DATED: 11/11/2025 undefined of the IPC, State has preferred instant appeal under Section 378 of the Cr.P.C.
3. This Court has heard Mr. J. K. Shah, learned Additional Public Prosecutor.
4. Brief facts giving rise to file the present Appeal are that, the respondents accused being a husband, mother- in-law and sister-in-law were tried and prosecution by the Sessions Court, Bhavnagar for the offences as referred above. The marriage of the deceased Hansa was solemnized before one year of the incident with the respondent accused Prakash Dalwadi and family of him was joint family. After six months of the marriage, the deceased came to parental home because of his mental illness and continues disease of headache. She was treated by psychiatric Dr. Uday N. Mehta and Dr. Nikhilesh Desai. After sometime, when the deceased feel better, she again came to matrimonial home. On 09.04.1999, the family members of the deceased came to Botad at matrimonial home and they stayed at the house of the deceased. On the next day i.e. on 10.04.1999, they had a plan to visit religious place at village: Paliyad. In the morning, when deceased did not report to the house, the family members went to the house, where deceased used to stay in the night hours. The deceased despite of knocking down, she did not open the door and after Page 2 of 12 Uploaded by TAUSIF SAIYED(HC01401) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:53:45 IST 2025 NEUTRAL CITATION R/CR.A/1114/2004 JUDGMENT DATED: 11/11/2025 undefined breaking it, it was found that, deceased found hanging with her feet resting on the ground. The respondents accused brought down the dead body of the deceased and taken her in a tempo to the hospital. The father of the deceased PW-4 Ranchhod Kuvarji was having suspicion in his mind that it is not case of suicide but a case of murder and after killing her daughter, the respondents accused hanged her to show that she committed suicide. The FIR came to be lodged by him with the concerned police station, alleging against the respondents accused that his daughter was subjected to mental and physical harassment by the accused, as despite of her ill-health, she was pressurized to do household works as well as agricultural work and in that view of the matter, her in- laws had killed her and after killing her, she was hanged in the room to demonstrate that, she has committed suicide. On the basis of the said FIR, the offence came to be registered with Botad Police Station as C.R.No.61 of 1999 for the offences punishable under Sections 498A, 306 read with Section 114 of the Indian Penal Code against the accused. During the investigation, the accused had been arrested, on the possibility of murder, the I.O. in the presence of Scientific Officer, drew the panchnama of place of occurrence and took necessary photographs, sent the seized articles to the FSL, recorded the statements of the witnesses and at the end, he filed a chargesheet against the accused for the offences as referred above.
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5. Since the case was exclusively triable by the Sessions Court, the Court committed the case to the Sessions Court, who has been culminated into Sessions Case No. 174 of 1999.
6. The learned Additional Sessions Judge, Bhavnagar framed charge under the aforesaid sections against the accused to which, they pleaded not guilty and claimed trial.
7. In order to prove the charge, the prosecution has examined following 11 material witnesses:
Oral evidence PW 1 - Exh.38 Hanifbhai Hajibbhai, panch witness PW 2 - Exh.40 Anwarhusein Adambhai, panch witness PW 3 - Exh.42 Bipinbhai Maneklal Joshi, panch witness PW 4 - Exh.43 Ranchodbhai Kunwarjibhai, Complainant PW 5 - Exh.46 Neetaben PW 6 - Exh.47 Ranjanben Ranchodbhai PW 7 - Exh.48 Dr. Jayantilal Shivalal Dhulesh PW 8 - Exh.56 Lakhbirsingh Tapubhai PW 9 - Exh.57 Hakumatsinh Surubhazala PW 10 - Exh.59 Kishore Chagganlal Naena PW 11 - Exh.60 Khimjibhai Ramjibhai Ninama
8. During the course of the trial, the prosecution has proved and produced 19 documents:
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9. On conclusion of oral evidence, the trial Court recorded further statements of the accused as provided under Section 313 of the Code, wherein, they claimed their innocence. They further pleaded that, the agricultural process being done by labour partner and therefore, question does not arise to force the deceased to do agricultural work. They also relied on the prescriptions of two doctors to defend that the deceased was suffering from mental illness, as a result, she committed suicide by hanging herself.
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10. The learned Sessions Judge after appreciating and examining the oral as well as documentary evidence acquitted the accused herein for the offences with which they were charged, on the ground that, the factum of mental and physical harassment meted out to the deceased at the hands of the accused are not proved and established. The trial court did not have believe the charge of abetment of suicide and also the charge of murder. The trial court while acquitting the accused under the charge of 306 and/or 302, observed and held that, the deceased herself was in depression as her treatment was going on with the Psychiatric Doctor of Surendranagar and as such, there is no evidence of aiding or abetting the deceased in committing suicide.
11. In view of the aforesaid facts and circumstances, this acquittal appeal has been preferred by the State.
12. Oral Evidence adduced by the prosecution:
12.1 Ranchhodbhai Dalwadi (PW.4):- This witness is the father of the deceased Hansa and on the day of incident, he came to his daughter's house at Botad. This witness in his chief-examination has stated that, after six months of marriage, he was told by the father-in-law of the deceased that, she was having some mental illness and due to said illness, she could not in a position to do household works Page 6 of 12 Uploaded by TAUSIF SAIYED(HC01401) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:53:45 IST 2025 NEUTRAL CITATION R/CR.A/1114/2004 JUDGMENT DATED: 11/11/2025 undefined and agricultural work. The deceased was came to parental home for rest and was on medication of Psychiatric Doctor. The witness has further stated that, after some time, the deceased went to matrimonial home and thereafter, to offer a prayer to the religious place at Paliyad, he along with family members came to house of the deceased and on the next date, they had to visit the said place. The witness has further stated that, on the next date, when deceased did not join in time for visiting Paliyad, they sent his nephew for search of the deceased and thereafter, he came to know that, deceased found hanging in her room and her dead body brought down by the accused and she was taken to hospital in a private vehicle. The witness has further stated that, he lodged an FIR for the mental and physical harassment meted out to the deceased and was having all suspicion that, the deceased was killed by her in-laws and then, her dead body was hanged in the room to prove the theory of suicide. In the cross-examination, the witness had admitted that the treatment of the deceased with respect to her mental illness, was going on. The witness had also admitted that, his elder daughter Suraj was also married with the brother of the accused no.1 and her marriage span was 12 years.
12.2 Nitaben Ranchhodbhai (PW.5) & Ranjanben Ranchhodbhai (PW.6): Both the witnesses are sister and Page 7 of 12 Uploaded by TAUSIF SAIYED(HC01401) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:53:45 IST 2025 NEUTRAL CITATION R/CR.A/1114/2004 JUDGMENT DATED: 11/11/2025 undefined mother of the deceased. They have deposed against the accused on the line of the witness PW.4. Thus, we deem it fit not to refer the entire deposition of both the witnesses.
12.3 Dr. Jayantilal Dulera (PW.7): This witness being a Medical Officer of CHC, Botad, had conducted the post-
mortem on the body of the deceased. The witness in his chief-examination, has stated that, he noticed the ligature mark over the throat and also found a contusion near right side of submandibular region. So far as internal injury is concerned, the doctor has noticed the white fluid in the trachea. According to opinion of the doctor, the cause of death was asphyxia due to hanging.
12.4 K.R. Ninama (PW.11): This witness being a Police Inspector of Botad Police Station, was entrusted with the investigation of the case and during the investigation, whatever he has done, has been stated by him in his chief-examination. However, in the cross-examination, nothing fruitful brought on record to establish that, deceased was killed by the accused.
13. Mr. J. K. Shah, learned Additional Public Prosecutor appearing for the appellant - State assailing the judgment and order of acquittal, has submitted that the findings of acquittal are contrary to law and evidence on record and the findings recorded are palpably erroneous and based Page 8 of 12 Uploaded by TAUSIF SAIYED(HC01401) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:53:45 IST 2025 NEUTRAL CITATION R/CR.A/1114/2004 JUDGMENT DATED: 11/11/2025 undefined on the irrelevant material. That, the testimony of the father PW.4 and other relatives have been ignored and discarded by the trial court. There is no motive or reason for the witnesses to falsely depose against the accused. That, considering the position of partial hanging, the possibility of murder cannot be ruled out and that possibility ought to have been believed by the trial court. That, the treating doctors of the deceased were not examined by the accused in their defense and therefore, the plea of mental illness of the deceased being not proved and despite of this, the trial court has believed the defense.
14. In such circumstances, it is submitted that, the findings recorded for acquittal by the trial court are perverse and contrary to the evidence on record which necessitated to interfere with the judgment of acquittal and therefore, when the prosecution has successfully proved the charge against the accused, the judgment of acquittal may be set aside and accused be convicted for the offence of murder and harassment as defined under Section 498A of the Indian Penal Code.
15. Before proceeding to address the rival submissions, we would like to place on record the scope of interference in an appeal against the acquittal and when the same is justified. In exceptional cases, where there are compelling Page 9 of 12 Uploaded by TAUSIF SAIYED(HC01401) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:53:45 IST 2025 NEUTRAL CITATION R/CR.A/1114/2004 JUDGMENT DATED: 11/11/2025 undefined circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the judgment of acquittal. The Appellate Court should bare in mind the presence of innocence of the accused and further that, the trial Court's acquittal bolsters the presumption of his innocence. Interference in a routine manner, where the other view of possible should be avoided, unless there are reasons for interference.
16. In the present case the issue fall for our consideration as to whether the trial Court was justified in acquitting the accused?
17. The prosecution case in our opinion solely rests on the testimonies of PW.4, PW.5 and PW.6 who are father, sister and mother of the deceased respectively. It is no doubt true that, the marriage span was one year and more. After six months of marriage, the deceased Hansa came for rest at her matrimonial home and was treated of her mental illness and continuous headache by Doctor Akhilesh Desai and Uday N. Vyas and prescription thereof tendered by the accused further prove that, she was in depression. The family was resident of Botad and the agricultural land whatever possessed by the in-laws, being cultivated by labour partner. The father PW.4 raised the suspicion that, the way in which the dead body of the deceased found hanging, the possibility of suicide cannot Page 10 of 12 Uploaded by TAUSIF SAIYED(HC01401) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:53:45 IST 2025 NEUTRAL CITATION R/CR.A/1114/2004 JUDGMENT DATED: 11/11/2025 undefined be accepted. It is require to be noted that, the hanging can occur in any position namely (i) partial hanging with feet resting on the ground; (ii) complete hanging with feet above the ground; (iii) hanging with feet just touching the ground; (iv) accidental hanging; (v) hanging in reclining position. In the facts of the present case, merely the deceased found in a partial hanging position would not be a ground to infer that she must have been killed and thereafter, hanged her to show the act of suicide. It is relevant to note that, the second sister Suraj married to brother of the respondent-accused and her marriage span was 12 years and during 12 years, she never made a complaint against her in-laws with respect to mental and physical harassment and interestingly she has not been cited as a witness, nor examined by the prosecution. In such circumstances, after careful examination of the oral and documentary evidence, we come to a conclusion that, the testimonies of the witnesses are not sufficient to hold guilty the accused for the alleged act of cruelty and abetment of suicide. The allegation of murder is also not proved and established because except the suspicion raised by the father, nothing brought on record to establish that, the act was murder. Thus, therefore, the prosecution miserably failed to prove the charge of cruelty and abetment of suicide and/or murder against the accused.
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18. In light of what has been noted above, the reasons for not accepting the testimonies of the witnesses by the trial Court, are based on the evidence on record and view taken by the trial court is plausible and possible view and we do not find any perversity in the findings of acquittal so as to interfere. Thus, in our considered opinion, the Trial Court was justified in acquitting the accused and we are in complete agreement with the findings, ultimate conclusion and resultant order of acquittal recorded by the Court below and hence finds no reason to interfere with the same.
19. With the observations as aforesaid, the appeal is accordingly dismissed. The Registry is directed to send back the R & P to the Trial Court. Bail bonds are cancelled, if any, and surety is discharged.
Sd/-
(ILESH J. VORA,J) Sd/-
(R. T. VACHHANI, J) TAUSIF SAIYED Page 12 of 12 Uploaded by TAUSIF SAIYED(HC01401) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 22:53:45 IST 2025