Gujarat High Court
Narsinhbhai Pathuji Thakor vs State Of Gujarat on 11 February, 2026
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1856 of 2004
With
R/CRIMINAL APPEAL NO. 25 of 2005
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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Approved for Reporting Yes No
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NARSINHBHAI PATHUJI THAKOR & ORS.
Versus
STATE OF GUJARAT
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Appearance:
ABATED for the Appellant(s) No. 2
MR MANOJ S JOSHI(2961) for the Appellant(s) No. 1,3
MS MITA S PANCHAL(530) for the Appellant(s) No. 1,3
HARDIK MEHTA APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 11/02/2026
ORAL JUDGMENT
1. Criminal Appeal No.1856 of 2004 was by three accused, who came to be convicted for the offence under sections 498A, 306 read with section 114 of Indian Penal Code (for short 'IPC') by the Additional Sessions Judge, Second Fast Track Court, Banaskantha at Palanpur vide judgment and order dated 15.10.2004 in Sessions Case No.26 of 1998, sentencing Page 1 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined them to undergo two years rigorous imprisonment under Section 498A read with Section 114 of IPC, while under Section 306 read with Section 114 of IPC they were sentenced to undergo three years rigorous imprisonment with fine of Rs.5,000/- each and in failure of payment of fine further two months simple imprisonment. The benefit of set off was also granted. During the course of the trial, appellant No.2 died hence, the appeal stood abated qua the appellant No.2 by the order dated 12.06.2026.
1.1 While Criminal Appeal No.25 of 2005 was by the State making a prayer to enhance the sentence accorded by the Trial Court Judge. In that matter too, the name of respondent No.2 was abated by way of the common order.
2. The charge was drawn during the trial below Exh.4 against accused No.1 as the husband of deceased, accused No.2 as father-in-law and accused No.3 as mother-in-law with the fact that deceased Kamuben was subjected to cruelty during the matrimonial life. All the accused would often beat her and rebuke her for not having any children and thereby Page 2 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined causing physical and mental cruelty, hence were charged under Section 489A read with Section 114 of IPC. 2.1 Further on 10.09.1997, at about 17:00 hours in the outskirt of village Samsherpura at the accused's house, as the accused instigated deceased Kamuben for the commission of suicide since she could not bear children thereby, she by consuming poison ended her life, thus the charge under section 306 read with section 114 of IPC was framed against the accused.
3. Ms. Mita Panchal, learned advocate for the appellants submitted that the learned Trial Court Judge had failed to appreciate the evidence on record and had overlooked the fact that the witnesses examined had been interested only in convicting the accused and learned Trial Court Judge had failed to appreciate that those witnesses had made improvement in the facts of the case which were not at all relatable to the statement made before the police.
3.1 Learned advocate Ms. Panchal submitted that the matrimonial life was of four years. There was no ill-treatment Page 3 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined or harassment, while during this matrimonial life, since deceased could not conceive hence was feeling depressed and because of her self imposed social burden, had committed suicide.
3.2 Learned advocate Ms. Panchal submitted that father-in- law and mother-in-law were not staying along with deceased and accused husband, which has been proved by the evidence of Investigation Officer, and further stated that there is no evidence on record of any ill-treatment by the husband or the parents-in-law.
3.3 Ms. Panchal, learned advocate for the appellants also stated that the evidence was brought on record about matrimonial life of the married brothers-in-law and the time period of bearing the child, and thus submitted that Trial Court was required to compare those facts with the facts of the deceased. Ms. Panchal, learned advocate submitted that the evidence would show that the relation between the husband and wife were very cordial and they were staying together in the agriculture field.
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NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined 3.4 Relying on the judgments of (i) Mariano Anto Bruno & Anr. Vs. The Inspector of Police , (2023) 15 SCC 560, (ii) Ramesh Kumar Vs. State of Chhattisgarh , 2001 (9) SCC 618,
(iii) Gurucharan Singh Vs. State of Punjab, (2020) 10 SCC 200, learned advocate Ms. Panchal submitted that the prosecution was required to prove that deceased had committed suicide because of harassment or cruelty, as defined under Section 498A of the IPC with the proximate cause connecting the suicide. Ms. Panchal stated that there is evidence on record to prove any continuous harassment or ill- treatment. Ms. Panchal contended that it is not a case of dowry demand, hence the wilful conduct of the accused would be required to be proved to bring the case under section 498A of IPC as well as the mens rea of the accused has to be clear on record for conviction under Section 306 of IPC. Learned advocate Ms. Panchal submitted that there is no active or direct act of the accused, which has led deceased to commit suicide by consuming poison.
4. Countering the arguments, learned APP Mr. Hardik Mehta submitted that prosecution has proved the case of cruelty and Page 5 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined abetment of commission of suicide by examining the relevant family members of deceased. Learned APP Mr. Mehta submitted that all the accused had left no scope for deceased to have any other alternative recourse to protect her life; the torture was unbearable which led to end her life by consuming position.
4.1 Relying on the judgments of Ananda Mohan Sen Vs. State of West Bengal, 2007 (10) SCC 774, and Gumansinh @ Lalo @ Raju Bhikhabhai Chauhan Vs. State of Gujarart , 2021 (0) AIR (SC), learned APP Mr. Hardik Mehta submitted that the evidence of the family members cannot be termed as of interested witnesses and in cases of matrimonial relation, there would hardly be any possibility of examining the independent witnesses, as generally neighbours at the place of the accused would not come forward to depose against the accused and it is a natural conduct of the victim to express her trauma and fears which she suffers within the boundaries of the house to the members of parental family. 4.2 Learned APP Mr. Hardik Mehta harping upon the provision of Section 113A of the Indian Evidence Act, Page 6 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined submitted that since the matrimonial life was only of four years, the case is required to be believed under section 498A and 306 of IPC, where prosecution witnesses had proved that the victim was harassed and tortured since she had no children during this matrimonial life of four years.
5. Having heard the arguments canvassed by learned advocate Ms. Mita Panchal for the appellants and learned APP for the State, perused the judgment impugned. The evidence as recorded of the witnesses would be required to be appreciated in view of the charge that has been framed against the accused who at present would be the surviving appellant husband and mother-in-law.
6. Doctor Dhirajbhai Devabhai Jaganiya, who had deposed about the postmortem conducted, was examined as P.W.4. Doctor Dhirajbhai Devabhai Jaganiya received Yadi from Deesa Rural Police Station along with inquest Panchnama with the dead-body of Kamuben Samraji Thakor in the morning at about 11 O' clock on 11.09.1997, and he along with panel Doctor P.H. Bhati had conducted the postmortem, which Page 7 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined started at 11:25 and concluded at 12:45.
6.1 The probable cause of death as recorded in the postmortem was cardio-respiratory failure due to pulmonary oedema as a result of poisoning. The final cause of death was to be given after receiving the report from Chemical Analyzer, Forensic Science Laboratory, Ahmedabad. 6.2 The Doctor from the evidence stated that from the intestine they found dark yellow colour fluid and the stench was of some pesticide. The samples were taken for chemical analysis. The part of liver, spleen, lungs and kidney were sealed in one bottle and in another bottle part of stomach and fluid therein as well as part of small intestine with the particles therein were sealed and were sent for F.S.L. report with the forwarding letter. The Doctor was shown the F.S.L. report, which was placed in evidence at Exh.17, and according to the report the death was because of poisonous pesticide. 6.3 The F.S.L. report of Scientific Officer, Ahmedabad had concluded on examining of Mark/A, B, C/1 and C/2, and has found the presence of poisonous chemical named as Page 8 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined Endosphine Organocholoride. The evidence of Doctor supported by F.S.L. report thus, proved the death caused by poisonous chemical, which is known as Endosphine Organocholoride.
7. P.W.1 - Samraji Revaji, father of deceased, was examined at Exh.9. According to his testimony, he had four sons and one daughter. The daughter Kamuben at the time of incident was 22 years old. He stated that four years prior to the incident, the daughter was married at village Samsherpura with Narsinhji Pathuji Thakor, and after her marriage she was staying in the matrimonial place and often visiting their house. 7.1 According to the father in the initial two and half years when the daughter used to visit them, there would not be any much conversation and thereafter whenever she used to come she would say that she was being harassed by husband and parents-in-law. She would say that since she could not bear children was the reason for harassment, therefore she would urge her parents to come and persuade accused not to harass her therefore, the witness as a father stated that he had asked Page 9 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined his son-in-law not to harass the daughter by telling him that if nature would wish then they would have children. 7.2 The father stated that prior to the incident, the son-in- law had come to their house and had told him that there is no milch animal at his house and therefore father had given one buffalo and an ox, which was three to four months prior to the incident.
7.3 According to the father, on 'Rakshabandhan' his daughter and son-in-law Narsinh both had come to their house and about one month prior to the incident they had come; at that time, the daughter Kamuben had told the wife of the witness i.e. mother, that they should come one day at her matrimonial house and talk to the father-in-law and mother- in-law not to harass her so at that time, the father told the daughter that within a week they would come and make them explain and thereby had sent the daughter along with son-in- law.
7.4 The witness stated that after 'Rakshabandhan' again daughter and son-in-law had come to their house, at that Page 10 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined time, he had given a buffalo and for the ceremonial process of 'Khuta-ni-Thali' (ceremony to welcome milch animal) the daughter had come to their house. At that time, the daughter had informed the father to tell in-laws not to harass her and the father stated that he had also reprimanded the son-in-law, who had told him that he would not harass her. 7.5 The father at about 10:30 night received a phone call from the elder brother-in-law of deceased, Puraji Pathuji, who had informed the complainant that his daughter Kamu had died by consuming poison and that she was in the hospital and was serious. At that time, the father inquired as to why she had consumed poison. The elder brother-in-law expressed his ignorance stating that he does not know. When he inquired about the time of consumption of poison, it was informed to him that it was 5:00 in the evening. Thereafter, the complainant and his son Hari both headed to the hospital at Deesa on scooter, where he saw dead body of his daughter. At that time, the parents-in-law, both elder brothers-in-law and accused son-in-law Narsinhji were present there, and other village persons were also there.
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NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined 7.6 The father stated that they inquired from them to find out the reason for her consuming poison and it was answered that they were not knowing it. The dead body was taken to Deesa Government Hospital, where they stayed for night and on the next day postmortem was conducted. Thereafter, he had gone to Deesa Rural Police Station to give complaint. 7.7 The father's allegation was that since his daughter could not bear a child accused harassed her and therefore, she had consumed poison. The complaint was produced in evidence at Exh.10. The witness complainant stated that the daughter at the time of incident was staying along with parents-in-law and son-in-law at the agricultural land, and son-in-law was doing agricultural work.
7.8 The father stated that the mother-in-law would instigate by stating that she was not having any children and that she was 'Vanjni' (infertile) and mocked and harassed her for that reason.
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NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined 7.9 In the cross-examination, the complainant father stated that when he was in hospital, he had introduced himself to the Doctor, and the Doctor had asked him whether the complaint to police was given, and he replied that they had telephoned the police, so Doctor asked them to give the complaint. Therefore, during 11:30 to 12:00 night they had gone to the police station and in the police station he met a Jamadar, who informed him that P.I. was not present, hence, he waited there till morning. The witness also stated that he was Sarpanch of the village for the last one year and was the president of the village dairy from the year 1996.
7.10 In cross-examination, the witness was confronted for not informing the police when her daughter had told him about the harassment for not bearing the child, by the husband and parents-in-law since it was four years of marriage. 7.11 The father was asked about the treatment, which the daughter had undertook from Doctor Pravin Shah of Deesa and according to the father, the daughter was operated by Doctor Pravin Shah. The father denied that it was an operation for Page 13 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined fibroid in the stomach. The father volunteered that it was an appendix operation, which was two and half year prior to the incident. The witness father also stated that he was knowing Doctor Kotak of Deesa, where his daughter was admitted, but denied the suggestion that at the hospital of Doctor Kotak his daughter had undergone curettage. He does not remember whether the daughter was taken to Doctor Kotak's hospital from their house or from matrimonial house. The daughter was at Doctor Kotak's dispensary for one day as indoor patient. He had also visited daughter Kamu on that day, but does not recollect whether he himself had taken the daughter or had gone to visit her on receiving the message. 7.12 Though, the complainant affirmed about the daughter being admitted at Doctor Kotak's dispensary, but denied the suggestion that since daughter Kamu was one month's pregnant and since there was continuous bleeding, therefore, at Doctor Kotak's dispensary she had undergone curettage. The complainant admitted that Doctor Kotak was a gynecologist and stated that since there was pain in the stomach, deceased was admitted there. He does not know as Page 14 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined to what was the diagnosis of Doctor Kotak, but Doctor had informed him to show her to some surgeon and on that day sonography was done and after about five to seven days an operation was undertaken before the surgeon. 7.13 The deposition of the father if considered on the whole, then the father could only state that since the accused were mocking her for not bearing the child, she had committed suicide. While the evidence on record would suggest that the daughter was taken to Doctor Kotak's dispensary, the gynecologist, for treatment. It is not the positive case of complainant that he himself had taken the daughter there. He denied of any bleeding and one month's pregnancy, but had admitted that some treatment was there at Doctor Kotak's hospital and thereafter Doctor had asked for further treatment from a surgeon and deceased Kamu had undergone an operation. The father had denied of curetting operation by Doctor Kotak, but had admitted of treatment from surgeon, which he stated was got it done by them. The witness stated that he does not have any documents regarding the operation or the sonography report. In the same way, he does not have Page 15 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined any documents of treatment of Doctor Kotak. 7.14 The fact remains that daughter was given treatment from a gynecologist and after sonography test, the surgeon had operated the deceased. In the case, where father definitely could not state of his taking, his daughter to a gynecologist and when he could not produced any medical documentary evidence with regard to the treatment of the daughter, it could be inferred that such treatment was from the side of the matrimonial house of deceased.
8. Further facts were also brought on record by way of cross-examination, where questions were raised by the defence with regard to the matrimonial life of two elder brothers-in-law of deceased. In total, they were three brothers Shivaji, Kuvarji and Narsinhji. For elder brothers-in-law Shivaji and Kuvarji, the complainant witness could not state as to after how long the first child was born to them. 8.1 The complainant witness was also put question that at the time of incident his son Hariji and accused Narsinhji both were serving together at Doctor Makwana's dispensary at Page 16 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined Deesa. The witness stated that since last two years, his son Narsinhji was not working with Doctor Makwana, but the complainant had no knowledge whether accused had continued in service. The complainant also stated that prior to the incident they had the relation to visit each others house and the milch buffalo, which was gifted, was the custom of their community, and as per the community custom and practice Kamu had come for the ceremony. He also affirmed that every 'Rakshabandhan' Kamu and her husband would visit their house. The engagement of Kamu with the accused was two years prior to the marriage and it was with the wish of both the families.
8.2 In the cross-examination the defence was taken that since after the operation, Kamu was feeling that she would not have any children and therefore was under depression and that had led her to commit suicide. The witness complainant also stated that after five to six years of marriage of the elder brother-in-law they had a child, but the father had not inquired whether both daughters-in-law were ever harassed for that purpose. He stated that he was not knowing anything about it, Page 17 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined nor had heard.
8.3 The complainant affirmed that his 'Vevai' (father-in-law of deceased) accused Pathuji Jagshiji Thakor was serving at Agrawal Pipes Factory, but he had no knowledge that both the parents-in-law were residing in a room for the last 15 years, which was allotted by Agarwal Pipes Factory and denied the suggestion that both the elder brothers-in-law and sisters-in- law were staying with their individual family. 8.4 The fact, as could be brought on record was that deceased was having two elder brothers-in-law, who were married. As per the cross-examination, one of the brother-in- law after five to six years of marriage had the first child. The complainant father had no knowledge or information nor had inquired whether elder sister-in-law was subjected to any misbehaviour or harassment or cruelty. The fact also becomes clear that the father-in-law was serving at Agarwal Pipes Factory and the complainant stated that he had no knowledge whether the parents-in-law were residing in a room allotted by the Agarwal Pipes Factory. Even both the brothers-in-law were Page 18 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined not residing along with deceased and her husband. 8.5 The father stated that he had not assisted for any medical treatment to his daughter in regard to the inability of the daughter to conceive and had no knowledge whether accused have taken her for such treatment. The father also stated that since more than one and half year deceased Kamu was staying at her matrimonial house on a permanent basis.
9. The overall analysis of the evidence would show that during four years of matrimonial life deceased could not conceive. The initial two and half year appears to have gone cordial. The milch buffalo which was given, was as per the custom of the community. It is not the case that there was any harassment from the matrimonial side for not bringing milch cow or buffalo. Even the evidence show that during 'Rakshabandhan' both husband and wife came and stayed at the house of the complainant. The deceased and the son-in- law were staying in the agriculture field. And the father-in-law was serving at Agarwal Pipes Factory the evidence concludes that the deceased her husband accused were staying Page 19 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined separately at the agricultural land.
9.1 The evidence also shows that the treatment was undertaken with the help of the gynecologist and thereafter the surgeon had also operated. No instances are brought on record by stating that the parents-in-law had mocked her in presence of the complainant for not bearing the child, rather it appears that the matrimonial family had taken deceased for treatment. Even the son of the complainant and the son-in-law both were serving with Doctor Makwana at Deesa. Therefore, that fact also brings to notice the medical awareness of the accused, who would have taken the wife for treatment. 9.2 It becomes noticeable that the son of the complainant Hariji, who was serving along with son-in-law at Doctor Makwana dispensary, had not been examined as a witness. He could have thrown light on the matrimonial relation of deceased and the son-in-law.
10. The witness Dharji Samraji has been examined as P.W.2, who stated that since last four years his sister was staying in the matrimonial house. The sister was having no Page 20 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined child. She was staying along with the parents-in-law and other members. The brother could not even name the mother-in-law of the deceased sister in his examination-in-chief, while he named father-in-law as Pathuji. The brother stated that after marriage, often sister would come to their house and at that time would state that her parents-in-law were harassing her for not having a child and she would ask them to make them understand. The brother stated that the husband would also harass, beat and taunt her for not cooking well. They had assured sister to persuade the members of her matrimonial home.
10.1 The witness as brother stated that on 'Rakshabandhan' day, the sister had come along with the husband; at that time, she had told them that her husband and the parents-in-law were rebuking and harassing her. He also referred of giving a buffalo and an ox as per the customs of the family and his sister coming at the house for performing 'Khuta-ni-Thali' ceremony. He stated that sister Kamu had not complained him about the harassment, but had told mostly to the 'Bhabhi' (sister-in-law) and thereafter, his wife and the mother had Page 21 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined informed him about the harassment. The evidence from the brother shows that it was not a case of non-child bearing. 10.2 In the cross-examination, the brother had affirmed about the treatment by Doctor Pravin Shah as well as Doctor Kotak, but volunteered to say that it was an appendix operation. At Doctor Pravin Shah Hospital, his mother had taken Kamu to the hospital, where she was admitted for fifteen days and he also stated that one and half year prior to the incident his sister was admitted at Doctor Pravin Shah's Hospital, and a day earlier to the date of admission to Doctor Shah's hospital his sister had come to their house. 10.3 The brother affirmed that sister Kamu would never directly inform him about the harassment while one and half year prior to the incident his wife had informed him with regard to the harassment. The witness as a brother had affirmed that sister had never complaint of any beatings to her from the parents-in-law and during the time of 'Rakshabandhan', both Kamu and her husband willingly and happily came to their house. In the same way, during the occasion of 'Khuta-ni-Thali', they had visited them happily. The Page 22 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined witness denied that after the operation by Doctor Kotak, Kamu had gone in depression and therefore she had committed suicide.
10.4 The evidence gets corroborated of the brother with that of the father that there was no such harassment in the nature of any beatings from the accused. The only cause was that inspite of four year of marriage they were not having children, otherwise the relation of deceased daughter with her husband was cordial, they were willingly visiting their house during the festive time.
11. The mother Kesharben Samraji was examined as P.W.3, who stated that the parents-in-law would instigate the husband and husband would, thus, tell deceased that if she would not be in a position to conceive, then she should return back to parental house, and the mother stated that they used to beat deceased. While neither the brother nor father could corroborate evidence of beatings.
11.1 As per mother (P.W.3), four to five days earlier to the incident, Kamu and her husband visited their house and they Page 23 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined both had also come during the 'Rakshabandhan'; at that time, deceased Kamu asked her to reprimand the parents-in-law and the son-in-law. Witness stated that she had scolded the son- in-law. After 'Rakshabandhan' deceased had come for the ceremony of 'Khuta-ni-Thali' along with husband; at that time too, she had instructed the son-in-law. The cause of death, as per the mother was her daughter not getting pregnant and therefore the quarrels would take place with parents-in-law and the husband, for that reason she committed suicide. 11.2 The mother by improvising the case also stated that initially for minor reasons there would be quarrels with regard to washing of clothes, cooking and domestic work, but voluntarily stated that harassment was because she could not expand the family.
11.3 The mother was also confronted with question with regard to matrimonial life of both the elder brothers-in-law of deceased. She had no information with regard to their children. She affirmed that till the death of Kamu, both sisters- in-law were staying at Samsherpura opposite to Kamu's house. Page 24 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026
NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined The mother stated that she had never taken Kamu for any medical treatment even after hearing about the complaints of harassment with regard to non-child bearing. Witness had asked her husband for the treatment, but her husband i.e. complainant informed that in-laws would go for the medical treatment and that they should not proceed for that. 11.4 In view of the evidence of the mother, it appears that they had not assisted the daughter by any medical treatment. The mother is not stating anything about her taking the daughter to Doctor Pravin Shah or even to Doctor Kotak.
12. P.W.5 - Chandansing Laksing Rathod (P.I.) had conducted the investigation. He stated that on 11.09.1997, he was P.I. at Deesa Rural Police Station and P.S.I. at that time was K.D. Chauhan. On 11.09.1997, complainant Samraji Revaji Thakor, resident of Ranpur had given the complaint before P.S.I. Chauhan, and on the basis of the complaint CR. No.I-198/97 under Sections 498A, 306 and 114 of IPC was instituted and the further investigation was handed over to him, which he took on 11.09.1997.
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NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined 12.1 In presence of panchas, the inquest panchnama was drawn and the panchnama of the place of offence was recorded, where they found 5 ltr. Metal box of pesticides and tumbler and a steel glass and they had seized 100 gram of poison.
12.2 The Investigation Officer has referred to the F.S.L. report at Exh.28 and thereafter has also made a reference of a letter Exh.20 written to Doctor Bharat Makwana, wherein Doctor Bharat Makwana had addressed the Medical Officer, Civil Hospital Deesa to do the needful for the patient brought dead, who stated, had consumed some toxin. 12.3 In the cross-examination of the Investigating Officer, it has been elicited that he had no information with regard to the case prior to the complaint. He had investigated the offence in his own office, prior to that he was at his own residential house. In the morning at about 8:30, he received the investigation. He stated that Kamuben was taken to Doctor Bharat Makwana's dispensary before her death and therefore he had checked the record of Doctor Bharat Makwana's Page 26 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined dispensary, and had also recorded the statement of Bharat Makwana, but had not procured any information with regard to the hospital or the treatment from Doctor Bharat Makwana. 12.4 The witness as Investigating Officer has also affirmed that it got disclosed during his investigation that since last 25 years the father-in-law and mother-in-law of deceased Kamuben were residing at Agarwal Pipes Factory and father- in-law was having his job there. I.O. stated that the complaint before him was that the in-laws were harassing deceased since she could not bear the child. The investigating Officer did not find it fit to make inquiry with regard to any treatment for non-conceiving a child; he did not find it necessary. He had also not taken any statement from Doctor Kotak regarding curetting of Kamuben, while the witness stated that no such information got disclosed during his investigation.
13. The fact, thus becomes clear that the parents-in-law were not residing with deceased and the son-in-law. The residential house of the parents-in-law was separate, while deceased Kamuben and her husband were separately residing Page 27 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined at the agriculture field, and even other elder brothers-in-law were not residing with the deceased and accused. The mother has denied of taking her daughter for any medical treatment, while it comes on record that the daughter was taken for treatment by the in-laws. Since the parents-in-law were staying separately, it cannot be said that there was continuous nagging or continuous harassment of deceased for not conceiving, nor it can be said from the evidence that prior to this incident of suicide any specific incitement was there from the side of the husband to drag her to commit suicide.
14. The judgment of the Hon'ble Supreme Court in case of Mariano Anto Bruno (supra), relied upon by learned advocate Ms. Panchal, where the provision of section 306 read with section 107 IPC were considered and the judgment of Geo Varghese Vs. State of Rajasthan and Anr., 2021 SCC OnLine SC 873: 2021 10 S.C.R. 393, was taken into consideration. 14.1 The Hon'ble Supreme Court in Geo Varghese (supra) has held that the abetment of suicide by anybody is also an offence under Section 306 IPC. Though, the IPC does not Page 28 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined define the word 'Suicide' but the ordinary dictionary meaning of suicide is 'self-killing'. The word is derived from a modern latin word 'suicidium', 'sui' means 'oneself' and 'cidium' means 'killing'. Thus, the word suicide implies an act of 'self-killing'. In other words, act of death must be committed by the deceased himself, irrespective of the means adopted by him in achieving the object of killing himself. Section 306 of IPC makes abetment of suicide a criminal offence and prescribes punishment for the same. Abetment is defined under Section 107 of IPC. The ordinary dictionary meaning of the word 'instigate' is to bring about or initiate, incite someone to do something.
14.2 In Geo Varghese (supra), the Hon'ble Supreme Court has further held that, what is required to constitute an alleged abetment of suicide under Section 306 IPC is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment of the deceased by another person would not be sufficient in itself, unless, there are allegations of such actions on the part of the accused which compelled the commission of Page 29 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined suicide. Further held that, if the person committing suicide is hypersensitive and the allegations attributed to the accused is otherwise not ordinarily expected to induce a similarly situated person to take the extreme step of committing suicide, it would be unsafe to hold the accused guilty of abetment of suicide. Thus, observed that what is required is an examination of every case on its own facts and circumstances and keeping in consideration the surrounding circumstances as well, which may have bearing on the alleged action of the accused and the psyche of the deceased. The Hon'ble Supreme Court has held thus:
"13. In our country, while suicide in itself is not an offence as a person committing suicide goes beyond the reach of law but an attempt to suicide is considered to be an offence under Section 309 IPC. The abetment of suicide by anybody is also an offence under Section 306 IPC. It would be relevant to set out Section 306 of the IPC which reads 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."
14. Though, the IPC does not define the word 'Suicide' but the ordinary dictionary meaning of suicide is 'self-killing'. The word is derived from a modern latin word 'suicidium', 'sui' means 'oneself' Page 30 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined and 'cidium' means 'killing'. Thus, the word suicide implies an act of 'self-killing'. In other words, act of death must be committed by the deceased himself, irrespective of the means adopted by him in achieving the object of killing himself.
15. Section 306 of IPC makes abetment of suicide a criminal offence and prescribes punishment for the same.
16. The ordinary dictionary meaning of the word 'instigate' is to bring about or initiate, incite someone to do something. This Court in the case of Ramesh Kumar Vs. State of Chhattisgarh has defined the word 'instigate' as under :-
"Instigation is to goad, urge forward, provoke, incite or encourage to do an act."
17. The scope and ambit of Section 107 IPC and its co- relation withSection 306 IPC has been discussed repeatedly by this Court. In the case of S.S. Cheena Vs. Vijay Kumar Mahajan And Anr. (2010) 12 SCC 190, it was observed as under:-
"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 the Supreme Court is clear that 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."
14.3 The Hon'ble Supreme Court in case of M. Arjunan Vs. State, represented by its Inspector of Police, (2019) 3 SCC 315, has observed as under:
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NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined "The essential ingredients of the offence under Section 306 I.P.C. are: (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."
14.4 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 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 Page 32 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined 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 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."
14.5 In the case of Ramesh Kumar (supra), relied by advocate Ms. Panchal, 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" Page 33 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026
NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined 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 -
(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. 14.6 In Ramesh Kumar (supra) an issue for consideration was that whether Section 498A and Section 306 of I.P.C are independent and constitute different offences. In paras 10, 11, 12, 13, it has been observed in connection to Section 306 read with Section 107 I.P.C as under:
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NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined
10. Section 306 IPC provides that if any person commits suicide, whoever abets the commission of such suicide, shall be liable to be punished. The ingredients of abetment are set out in Section 107 IPC, which reads as under:
"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."
11. There is no direct evidence adduced of the accused-appellant having abetted Seema into committing suicide. The prosecution has relied on Section 113-A of the Evidence Act which reads as under:
"113-A. Presumption as to abetment of suicide by a married woman.--When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.
Explanation.--For the purpose of this section, 'cruelty' shall have the same meaning as in Section 498-A of the Penal Code, 1860."Page 35 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026
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12. This provision was introduced by the Criminal Law (Second) Amendment Act, 1983 with effect from 26-12-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four corners of the matrimonial home and hence was not available to anyone outside the occupants of the house. However, still it cannot be lost sight of that the presumption is intended to operate against the accused in the field of criminal law. Before the presumption may be raised, the foundation thereof must exist. A bare reading of Section 113-A shows that to attract applicability of Section 113-A, it must be shown that (i) the woman has committed suicide,
(ii) such suicide has been committed within a period of seven years from the date of her marriage, (iii) the husband or his relatives, who are charged had subjected her to cruelty. On existence and availability of the abovesaid circumstances, the court may presume that such suicide had been abetted by her husband or by such relatives of her husband. Parliament has chosen to sound a note of caution. Firstly, the presumption is not mandatory; it is only permissive as the employment of expression "may presume" suggests. Secondly, the existence and availability of the abovesaid three circumstances shall not, like a formula, enable the presumption being drawn; before the presumption may be drawn the court shall have to have regard to "all the other circumstances of the case". A consideration of all the other circumstances of the case may strengthen the presumption or may dictate the conscience of the court to abstain from drawing the presumption. The expression -- "the other circumstances of the case" used in Section 113-A suggests the need to reach a cause-and- Page 36 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026
NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined effect relationship between the cruelty and the suicide for the purpose of raising a presumption. Last but not the least, the presumption is not an irrebuttable one. In spite of a presumption having been raised the evidence adduced in defence or the facts and circumstances otherwise available on record may destroy the presumption. The phrase "may presume" used in Section 113-A is defined in Section 4 of the Evidence Act, which says --
"Whenever it is provided by this Act that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it."
13. The present case is not one which may fall under clauses secondly and thirdly of Section 107 of the Penal Code, 1860. The case has to be decided by reference to the first clause i.e. whether the accused-appellant abetted the suicide by instigating her to do so.
14.7 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 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 Page 37 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined 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.
15. Section 306 has two basic ingredients i.e. suicidal death and abetment thereof. In case of Gurucharan Singh (supra), referred by advocate Ms. Panchal, the Hon'ble Supreme Court has observed that in order to convict a person under Section 306 I.P.C, there has to be a clear mens rea to commit an offence and that there ought to be an active or direct act of accused leading the deceased to commit suicide being led with no option.
15.1 In Gurucharan Singh (supra), it was noted that there was no overt act or illegal omission from the side of the husband in taking due care of the deceased wife. No evidence was found present that the deceased faced persistent cruelty or harassment from her husband for the offence to be made Page 38 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined out for abetment of suicide. The requirement of abetment as defined under Section 107 IPC is to be proved and the satisfaction has to be arrived at. The prosecution would require to establish mens rea to commit the crime. It was held that in order to give finding of abetment under Section 107 IPC, which is necessary to sustain a finding of abetment of suicide under Section 306 IPC, it must be established that accused instigated a person either by act of omission or commission, or by persistent cruelty or harassment and only then, would a case of abetment of suicide be made out. Circumstances and atmosphere in the matrimonial home without the instigation of suicide being established in some way, it was held that it was not enough to sustain conviction for the abetment of suicide. 15.2 The observation in the judgment is produced hereinunder:
28. Significantly, this Court underlined by referring to its earlier pronouncement in Orilal Jaiswal [State of W.B. v. Orilal Jaiswal, (1994) 1 SCC 73 : 1994 SCC (Cri) 107] that courts have to be extremely careful in assessing the facts and circumstances of each case to ascertain as to whether cruelty had been meted out to the victim and that the same had induced the person to end his/her life by committing suicide, with the caveat that if the victim committing Page 39 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined suicide appears to be hypersensitive to ordinary petulance, discord and differences in domestic life, quite common to the society to which he or she belonged and such factors were not expected to induce a similarly circumstanced individual to resort to such step, the accused charged with abetment could not be held guilty. The above view was reiterated in Amalendu Pal v. State of W.B. [Amalendu Pal v. State of W.B., (2010) 1 SCC 707 :
(2010) 1 SCC (Cri) 896]
29. That the intention of the legislature is that in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit an offence and that there ought to be an active or direct act leading the deceased to commit suicide, being left with no option, had been propounded by this Court in S.S. Chheena v. Vijay Kumar Mahajan [S.S. Chheena v. Vijay Kumar Mahajan, (2010) 12 SCC 190 : (2011) 2 SCC (Cri) 465] .
30. In Pinakin Mahipatray Rawal v. State of Gujarat [Pinakin Mahipatray Rawal v. State of Gujarat, (2013) 10 SCC 48 : (2013) 4 SCC (Civ) 616 :
(2013) 3 SCC (Cri) 801] , this Court, with reference to Section 113-A of the Evidence Act, 1872, while observing that the criminal law amendment bringing forth this provision was necessitated to meet the social challenge of saving the married woman from being ill-treated or forced to commit suicide by the husband or his relatives demanding dowry, it was underlined that the burden of proving the preconditions permitting the presumption as ingrained therein, squarely and singularly lay on the prosecution. That the prosecution as well has to establish beyond reasonable doubt that the deceased had committed suicide on being abetted by the person charged under Section 306 IPC, was Page 40 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined emphasised.
16. Here, in the present case, as per the analysis of the evidence for the initial two and half year there was no such complaint with regard to deceased not conceiving or bearing a child. It appears that the matrimonial family had taken deceased for medical treatment as recorded. The mother has denied the treatment from their side to the daughter. When the daughter during the last one and half year of the incident at 'Rakshabandhan' as well as to perform the ceremony of 'Khuta-ni-Thali', she was accompanied by the husband, their relation was cordial.
16.1 The consistent evidence of father, mother and the brother was that deceased and accused husband had voluntarily and happily visited them. The only complaint she made was about not bearing children, which she would have found it as an harassment, but the evidence on record proves that members of the matrimonial house, more specifically, the husband had taken the wife for medical treatment. It has also been proved by the Investigating Officer that the parents-in- law were not residing along with deceased daughter-in-law, Page 41 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined therefore, there would not be any case of persistent harassment from the parents-in-law to deceased daughter-in- law.
16.2 In Indian society it is always expected from a daughter- in-law to bear children for expanding the family. The parents- in-law may have referred this fact to the daughter-in-law to carry the blood line and probably the daughter-in-law would have found it offending, inspite of treatment, if she could not conceive then she would have found such advice from in-laws not conducive and therefore, on her hypersensitiveness, she may have taken the last step.
17. To prove the case under Section 498A, the prosecution has to prove the case beyond reasonable doubt. In the case of State of West Bengal v. Orilal Jaiswal, (1994) 1 SCC 73, it has been observed that the standard of proof being beyond reasonable doubt does not get altered even after the introduction of Section 498A of IPC and Section 113A of the Indian Evidence Act, 1872. The Hon'ble Supreme Court has held that the Court should be extremely careful in assessing Page 42 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined 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 transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance discord and 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. 17.1 In the case of Orilal Jaiswal (supra), it was held by Hon'ble Supreme Court as under:-
"15. We are not oblivious that in a criminal trial the degree of proof is stricter than what is required in a civil proceedings. In a criminal trial however intriguing may be facts and circumstances of the case, the charges made against the accused must be proved beyond all reasonable doubts and the requirement of proof cannot lie in the realm of surmises and conjectures. The requirement of proof beyond reasonable doubt does not stand altered even after the introduction of Section 498-A IPC and Section 113-A of Indian Evidence Act. Although, the court's conscience must be satisfied that the accused Page 43 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined is not held guilty when there are reasonable doubts about the complicity of the accused in respect of the offences alleged, it should be borne in mind that there is no absolute standard for proof in a criminal trial and the question whether the charges made against the accused have been proved beyond all reasonable doubts must depend upon the facts and circumstances of the case and the quality of the evidences adduced in the case and the materials placed on record. Lord Denning in Bater v. Bater [(1950) 2 All ER 458, 459 : 66 TLR (Pt. 2) 589] has observed that the doubt must be of a reasonable man and the standard adopted must be a standard adopted by a reasonable and just man for coming to a conclusion considering the particular subject- matter."
18. The prosecution has failed to prove the case beyond reasonable doubt. The learned Trial Court Judge was required to assess the evidence by marshalling deposition of the witnesses to examine whether there was any persistent harassment or any wilful conduct of the husband in the form of some overt act or an act of omission proximate to the incident of suicide to have connected them for the offence of abetment.
19. Criminal Appeal No.25 of 2025 is by the State for enhancing the sentence. The prosecution has failed to prove the case beyond reasonable doubt, as was necessary to bring the facts on record to prove that deceased was subjected to continuous harassment, which amounted to cruelty as defined Page 44 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined under Section 498A of IPC, where such instructions or advice of the parents-in-law as well as the husband would have caused such despair in the mind of deceased, which could be considered as cruelty to bring the case under Section 498A, rather it appears that the husband had even taken the wife for medical treatment. The deceased would probably in depression for not conceiving a child even after treatment may have considered to end her life. The prosecution has not proved the case under Section 498A or 306 of IPC and since there is no case for even conviction, there would not be any ground for enhancing the sentence.
20. In view of the analysis of the evidence and observations made herein above, Criminal Appeal No.1856 of 2004 of the accused stands allowed, while Criminal Appeal No.25 of 2005 of the State stands dismissed.
20.1 The judgment of conviction and sentence dated 15.10.2004 passed by the Additional Sessions Judge, Second Fast Track Court, Banaskantha at Palanpur in Sessions Case No.26 of 1998 is set aside. The appellants are acquitted from all the charges. Bail bonds stand discharged. Registry is Page 45 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026 NEUTRAL CITATION R/CR.A/1856/2004 JUDGMENT DATED: 11/02/2026 undefined directed to send the Record and Proceedings back to the concerned Trial Court forthwith.
(GITA GOPI,J) Pankaj/1 Page 46 of 46 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Feb 16 2026 Downloaded on : Fri Mar 13 21:35:18 IST 2026