Gujarat High Court
Hasmukhbhai Mangalbhai Vankar vs State Of Gujarat on 19 November, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1417 of 2005
With
R/CRIMINAL APPEAL NO. 2127 of 2005
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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Approved for Reporting Yes No
√
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HASMUKHBHAI MANGALBHAI VANKAR & ORS.
Versus
STATE OF GUJARAT
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Appearance in Criminal Appeal No.1417 of 2005:
MR HARSHADRAY A DAVE(3461) for the Appellant(s) No. 1,2,3
MR HARDIK MEHTA APP for the Opponent(s)/Respondent(s) No. 1
Appearance in Criminal Appeal No.2127 of 2005:
MR HARDIK MEHTA APP for the Appellant No.1
MR HARSHADRAY A DAVE(3461) for the Opponent(s)/Respondent(s) No.
1,2,3
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 19/11/2025
ORAL JUDGMENT
1. Criminal Appeal No.1417 of 2005 filed by the accused, who were convicted under Section 498A of the Indian Penal Code (for short 'I.P.C.') and were sentenced to undergo three years rigorous imprisonment. All three accused were ordered to Page 1 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined pay a fine of Rs.1,000/- each, thus, a total of Rs.3,000/- and in failure of payment of fine further one month simple imprisonment.
2. The trial was against three accused under Sections 498A, 306 and 114 of I.P.C. The accused came to be acquitted under Section 306 I.P.C. Aggrieved by the acquittal, the State has filed Criminal Appeal No.2127 of 2005, making a prayer to modify the judgment and order dated 23.06.2005 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Panchmahals in Sessions Case No.331 of 2004, and to impose sentence available under Section 306 of the I.P.C.
3. Learned advocate Mr. Harshadray A.Dave submitted that the husband and parents-in-law have been convicted under Section 498A of I.P.C., where the learned Judge has failed to appreciate the necessary ingredients to satisfy Section 498A of I.P.C.
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NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 3.1 Learned advocate Mr. Dave submitted that the evidence of the witnesses as brothers do not prove harassment or cruelty alleged to have been committed by the appellants towards deceased. The witnesses are brothers, who appears to be interested in placing the fault on the appellants, while they, as brothers have failed to discharge their duties.
3.2 Learned advocate Mr. Dave submitted that the facts of the case would suggest that deceased was habitual in going to the parental house. Deceased herself was creating problems in the matrimonial family and as a result community panchas convened a meeting, where deceased as a sister of the complainant had given assurance as well as an undertaking that she would behave well mannered in the house.
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NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 3.3 Learned advocate Mr. Dave submitted that it appears from the evidence on record that the earnings of the husband were not sufficient enough to sustain the family and therefore, though once they had started living separately, the financial constraints forced them to reside along with the joint family, and it appears that deceased was not finding it affordable to stay in the joint family and that had led to internal grudge.
3.4 Learned advocate Mr. Dave submitted that utterance of the parents-in-law are not proved, however, if at all it is to be believed, then too it should be considered as an advise to the daughter-in-law to sustain in the joint family with low income of the husband.
3.5 Mr. Dave, learned advocate further submitted that the matrimonial life was for a span of eight years, where as per the evidence there was no Page 4 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined dispute for the first four years, which was alleged to have further development, as has been brought on record, would only help to draw a conclusion that deceased could not sustain herself in the joint family.
3.6 Learned advocate Mr. Dave further stated that Section 306 of I.P.C. has not been believed by the learned Trial Court Judge. The writing, which was executed in the community meeting before the panchas has been produced as Mark 14/1. Allegation of two and half months old incident prior to the suicide cannot be believed to be a proximate cause to consider it as an abetment for the commission of suicide unless the gravity of quarrel goes to such an extent that deceased was left with no other alternative, but to commit suicide.
3.7 Learned advocate Mr. Dave stated that the ingredients of Section 498A I.P.C. also does not Page 5 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined get proved. The brother had never filed any complaint for such alleged cruelty to the sister, though he was a news reporter, who certainly would have the understanding to take recourse of law in such kind of adversary.
4. Countering the arguments and relying on the grounds raised in Criminal Appeal No.2127 of 2005, learned APP Mr. Hardik Mehta submitted that the learned Trial Court Judge appears to be oblivious of the fact that it was not only the wife but even two years son lost his life. The allegation of continuous harassment and persistent physical beatings were proved. The brothers have given the evidence to prove frequent humiliation. Deceased wife had suffered harsh behaviour of the accused as husband and in- laws.
4.1 Learned APP Mr. Mehta submitted that the case is grave and serious in nature. The Page 6 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined continuous cruelty inflicted upon deceased woman was severe, where the victim was left with no other alternative but to end her life with minor child, who was two years old. Mr. Mehta stated that the prosecution had demonstrated and proved the case by direct as well as circumstantial evidence proving under Section 498A I.P.C. as well as had proved the abetment for the commission of suicide as contemplated under Section 306 I.P.C.
4.2 Learned APP Mr. Mehta submitted that ultimate step of taking her own life along with life of two years old son would itself suggest, that the circumstances were unbearable, and the evidence clearly proves that deceased Kalpana was physically and mentally harassed by accused since last four years. She had by all possible ways tried to accommodate herself in the matrimonial home, but the uncontrollable situation led her to take the harsh step, therefore, learned APP Mr. Page 7 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined Mehta stated that respondents-accused would be liable for the offence punishable under Sections 498A and 306 of I.P.C., the learned Judge has committed error in acquitting the accused under Section 306 I.P.C.
4.3 Learned APP Mr. Mehta stated that no document of 'Janvajog' Entry dated 17.04.2004 was produced by the accused, which was allegedly stated to be registered at Halol Police Station. Considering the conduct of the accused, the conviction ought to have been followed under Section 306 I.P.C. Mr. Mehta submitted that the evidence of 13.04.2004, leads to close proximity and the mental and physical torture of that day had been proved by the prosecution witness. 4.4 Relying on the judgment of Praveen Kumar Vs. State of Himachal Pradesh, 2024 (10) SCR 54, learned APP Mr. Mehta submitted that the cause of settlement itself would be a clear indication Page 8 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined that the victim was subjected to cruelty, and though the evidence Mark-14/1 has not been proved but the circumstances proves that the victim was harassed by the accused.
4.5 Learned APP Mr. Mehta submitted that accused failed to make search of deceased Kalpana as well as minor child and it was only by due diligence of the brother on 20.04.2004 in the evening, the dead bodies could be found near Narmada Canal passing near village - Kanetiya.
5. Heard learned advocates for both the side, perused the documents on record. The prosecution in total had examined about nine witnesses. Learned advocate Mr. Dave as well learned APP Mr. Mehta has taken this Court through the depositions recorded of the witnesses. The complainant - Rameshbhai Nanjibhai Talati (P.W.1) is the brother of deceased and Mukeshbhai Nanjibhai Talati (P.W.2) is also the brother. Page 9 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025
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6. The charge, which was framed refers the marriage span of Kalpanaben with accused No.1 as of eight years. It was alleged that after four years of marriage, all accused started taunting and beating deceased Kalpanaben with regard to household work, and she was subjected to mental and physical cruelty. It was alleged that two and half months prior to 21.02.2004, all accused rebuked deceased Kalpanaben alleging that she was not doing household work and accused No.2, father-in-law told her that if she wanted to stay there, then she would have to follow her mother- in-law, and if at all she wanted anything, then she could bring it from her father's place. Thus, it was alleged that all the accused harassed her and in abetment had subjected deceased Kalpanaben with mental cruelty and committed offence under Section 498A read with Section 114 of I.P.C. Page 10 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025
NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 6.1 Further it was alleged that in consequence of the referred incident, fed-up of the mental and physical cruelty becoming unbearable, from 16.04.2004 till 19:00 hours of 20.04.2004 deceased Kalpana along with her two years son Dushyant jumped into the water of Narmada Canal and thus, all the accused were guilty under Section 306 read with Section 114 of I.P.C.
7. The Investigating Officer (P.W.9) has affirmed about the statement of Taraben (P.W.3), wherein it was noted that since last few years, quarrels were going on between deceased and other family members and therefore, deceased and minor son had jumped into Narmada canal.
8. The brother, as a complainant was examined as P.W.1 - Ramesh Nanjibhai Talati, in his deposition at Exh.11 refers that they are four brothers and sisters. He is eldest in all. Deceased Kalpana was married eight years earlier. Page 11 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025
NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined He stated that out of the marriage, they had a son. The sister was staying in her matrimonial house in a joint family with the husband and parents-in-law. Her sister would some time come to his house.
8.1 The allegation is that mother-in-law Valliben used to taunt her for household work and if she would inform so to the father-in-law, he would say that she would have to work as per mother-in-law say, and, she was told that if she wanted anything she would to bring it from her father's house. The complainant stated that deceased Kalpana had come after the death of the father prior to the Holi in the year 2004. At that time, she had talked with complainant, however, pacifying her he had sent her back to the matrimonial home. While going, she was crying telling the brother that since last three to four years, she was bearing it and if she would tell her husband, he would beat her. The complainant Page 12 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined had instructed her to follow as per the say of the parents-in-law and to bear it. 8.2 The evidence, as has come on record would show that the allegation are for about last three to four years, when the marriage span was of eight years. Both of them i.e. husband and wife were staying at Vadodara renting a house, which the complainant affirmed. He has no knowledge that the brother-in-law was having monthly salary of Rs.1,500/- and was serving in a private firm. He has no knowledge that the amount of Rs.1,500/- was not sufficient enough to bear the expenses of the house, and also does not have the knowledge that in the year 2000, both had returned back to village Arad. Complainant does not have the knowledge whether the brother-in-law had a job with the salary of Rs.1,500/- per month.
9. The admitted fact, which came on record is that the husband and wife were staying at Page 13 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined Vadodara separately. The income of the husband was not sufficient enough to carry on the household. Deceased Kalpanaben was B.A. Graduate. In the cross-examination, the photo copy of document Mark-14/1 was produced, and the document, Mark-14/1 was referred to as an undertaking given by deceased, which shows that the stamp was purchased by the complainant brother and deceased Kalpanaben H.Parmar in presence of the complainant, Punjabhai Khodabhai Parmar, Damubhai Raisinh Vankar and Dayabhai Maknabhai had affirmed that, because of her misunderstandings and mistakes certain incidents had occurred in her matrimonial life and for that purpose on 16.11.2000, her brother and 'Fooa' (paternal uncle) were called at Arad, and after discussion deceased had given the threat to husband to commit suicide.
9.1 Deceased also stated in the writing that one gold locket was lost and she had not informed Page 14 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined about it to her husband and family members from her parents side, which she accepted as her mistake. The discussion also occurred with regard to certain phone calls which she had made, and she had given an undertaking assuring that her life would not be spoiled and she would live in a peaceful atmosphere, and she would perform her duties as wife and also would behalf nicely with parents-in-law and other family members. She has also stated in the document that the incident of false allegation and cheating would not happen. When the talks were regarding divorce, she had admitted her mistake and had assured that such mistakes would not be repeated.
9.2 The complainant was confronted with this document with suggestion that the original of the document was with the complainant, which he denied.
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10. In this background of the matter, it appears that the husband and wife were earlier staying separately and thereafter had started residing with the parents-in-law. The facts which get reflected is the low income of the husband, which was not sufficient enough to carry on with the domestic expenses. The document, Mark-14/4 shows that the writing was on 09.02.2001. Deceased committed suicide between the period from 16.04.2004 to 20.04.2004.
10.1 Taking the writing, Mark-14/1, in consideration the analysis would be necessary about the allegation, which has been raised about the parents-in-law taunting and rebuking deceased with regard to the household work. It appears that the instruction was if she wanted anything as per her necessity, she was asked to bring it from her father's house. This allegation or the fact of harassment would not be considered as extreme to fall under the definition of cruelty, Page 16 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined as explained under Section 498A of the I.P.C. 10.2 Section 498A I.P.C., to be proved, the prosecution should prove the wilful conduct of the accused and harassment with a view to coerce making unlawful demand with a view to force her to commit suicide.
11. In the case of Shardaben, Daughter of Ishwarlal Bhogilal & Ors. v. State of Gujarat, Criminal Appeal No. 2608 of 2005, it was held by this court as under:
"24.10 To prove the charge of Section 498A of IPC, the prosecution has to establish that the husband or his relative subjected such woman to cruelty. The term 'cruelty' is explained in two parts of Section 498A. The first part speaks of willful conduct of a nature that is likely to drive the woman to commit suicide or to cause grave injury or danger to the life, limb or health, either physical or mental of such woman.Page 17 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025
NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 24.11 The second part of Section 498A of IPC provides for harassment of a woman with a view to coercing her or any person related to her to meet unlawful demand for any property or valuable security on account of these failure or any person related to her to meet such demand.
24.12 Section 498A of IPC does not attract every harassment or every type of cruelty. The prosecution has to establish that the beating and harassment of the deceased were with a view to force her to commit suicide or to fulfill the illegal demand of dowry.
11.1 The requirement of standard of proof being beyond reasonable doubt does not get altered even after introduction of Section 498 I.P.C. and Section 113A of the Evidence Act has been recognized. In the case of State of W.B. v.
Orilal Jaiswal reported in (1994) 1 SCC 73, it was held by Hon'ble Supreme Court as under:
"15. We are not oblivious that in a criminal trial the degree of proof is stricter than what is required in a Page 18 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined civil proceedings. In a criminal trial however intriguing may be facts and circumstances of the case, the charges made against the accused must be proved beyond all reasonable doubts and the requirement of proof cannot lie in the realm of surmises and conjectures. The requirement of proof beyond reasonable doubt does not stand altered even after the introduction of Section 498-A IPC and Section 113-A of Indian Evidence Act. Although, the court's conscience must be satisfied that the accused is not held guilty when there are reasonable doubts about the complicity of the accused in respect of the offences alleged, it should be borne in mind that there is no absolute standard for proof in a criminal trial and the question whether the charges made against the accused have been proved beyond all reasonable doubts must depend upon the facts and circumstances of the case and the quality of the evidences adduced in the case and the materials placed on record. Lord Denning in Bater v. Bater [(1950) 2 All ER 458, 459 : 66 TLR (Pt. 2) 589] has observed that the doubt 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 Page 19 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined conclusion considering the particular subject-matter."
12. The case herein is of matrimonial life of more than eight years. Section 113A of the India Evidence Act, 1872 for section 306 I.P.C., would not be attracted. The State has filed appeal making a prayer for ordering the sentence for the offence under Section 306 of I.P.C. 12.1 The requirements to be proved has been explained in the case of Hans Raj v. State of Haryana reported in (2004) 12 SCC 257, it was held as under:
"12. The question then arises as to whether in the facts and circumstances of the case the appellant can be convicted of the offence under Section 306 IPC with the aid of the presumption under Section 113-A of the Indian Evidence Act. Any person who abets the commission of suicide is liable to be punished under Section 306 IPC. Section 107 IPC lays down the ingredients of abetment which includes instigating any Page 20 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined person to do a thing or engaging with one or more persons in any conspiracy for the doing of a thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing, or intentional aid by any act or illegal omission to the doing of that thing. In the instant case there is no direct evidence to establish that the appellant either aided or instigated the deceased to commit suicide or entered into any conspiracy to aid her in committing suicide. In the absence of direct evidence the prosecution has relied upon Section 113-A of the Indian Evidence Act under which the court may presume on proof of circumstances enumerated therein, and having regard to all the other circumstances of the case, that the suicide had been abetted by the accused. The explanation to Section 113-A further clarifies that cruelty shall have the same meaning as in Section 498-A of the Penal Code, 1860 which means:
"498-A. (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of Page 21 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."
13. Unlike Section 113-B of the Indian Evidence Act, a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in Section 113-A of the Indian Evidence Act. Under Section 113- A of the Indian Evidence Act, the prosecution has first to establish that the woman concerned committed suicide within a period of seven years from the date of her marriage and that her husband (in this case) had subjected her to cruelty. Even if these facts are established the court is not bound to presume that the suicide had been abetted by her husband. Section 113-A gives a discretion to the court to raise such a presumption, having regard to all the other circumstances of the case, which means that where the allegation is of cruelty it must consider the nature of cruelty to which the woman was subjected, having regard Page 22 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined to the meaning of the word "cruelty" in Section 498-A IPC. The mere fact that a woman committed suicide within seven years of her marriage and that she had been subjected to cruelty by her husband, does not automatically give rise to the presumption that the suicide had been abetted by her husband. The court is required to look into all the other circumstances of the case. One of the circumstances which has to be considered by the court is whether the alleged cruelty was of such nature as was likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman. The law has been succinctly stated in Ramesh Kumar v. State of Chhattisgarh [(2001) 9 SCC 618 : 2002 SCC (Cri) 1088] wherein this Court observed: (SCC pp. 626-27, para
12) "12. This provision was introduced by the Criminal Law (Second) Amendment Act, 1983 with effect from 26-12-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four Page 23 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 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
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undefined
drawn the court shall have to have
regard to 'all the other circumstances of the case'. A consideration of all the other circumstances of the case may strengthen the presumption or may dictate the conscience of the court to abstain from drawing the presumption.
The expression -- 'the other
circumstances of the case' used in
Section 113-A suggests the need to
reach a cause-and-effect relationship
between the cruelty and the suicide for the purpose of raising a presumption. Last but not the least, the presumption is not an irrebuttable one. In spite of a presumption having been raised the evidence adduced in defence or the facts and circumstances otherwise available on record may destroy the presumption. The phrase 'may presume' used in Section 113-A is defined in Section 4 of the Evidence Act, which says -- 'Whenever it is provided by this Act that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it."
13. The learned Trial Court Judge has rightly not believed any instigation from the matrimonial Page 25 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined side. The allegation, which has been raised by the complainant is of the incident dated 13.04.2004, where he stated that deceased Kalpana had telephonically informed him that her husband was harassing her and beating her. He pacified her on phone, and thereafter the complainant stated that on 16.04.2004, he received a call from accused Hasmukh in the evening, informing that Kalpana had gone away from the house along with the child Dushyant. The complainant on that day had gone to village Arad. He stated that all the relatives were searching Kalpana and Dushyant, and thereafter, on 20.04.2004, he came to know that dead bodies of both of them were found in the canal near village Kanetiya, thereafter, police was informed. 13.1 The complainant had given the declaration with regard to the dead bodies by Exh.12. Prior to that on 17.04.2004, missing complaint was given to the police. After the dead bodies were Page 26 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined found, he had filed the complaint on 21.04.2004. The objection was raised for exhibiting the complaint dated 21.04.2004 on record on the ground that on 20.04.2004, all the facts were declared and in that circumstances, the application dated 21.04.2004 should not be considered as a complaint. The document was placed in evidence with the objection at Exh.13. The complainant has affirmed in his cross- examination that they had a custom in the community to settle the family disputes through the panch. In view of the said fact, the document Mark-14/1 becomes a believable aspect. 13.2 The telephone call of 13.04.2004 has not been proved by way of any C.D.Rs on record, however, if at all that is to be believed too, the aspect of husband harassing deceased has not been clarified in terms of the details, to consider whether those quarrels could be considered as utterance, which were sufficient Page 27 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined enough to hurt her amounting to cruelty. The complainant could not clarify the specific allegations as to how on 13.04.2004, the husband had harassed her. It was also a general allegation on 13.04.2004 that the husband was also beating her. Whether actually on 13.04.2004, deceased was beaten by the husband, which had become unbearable to such an extent that such willful conduct of the husband had given her cause to commit suicide. Such wilful conduct of the husband was required to be proved.
14. In the case of Raj Rani (Smt.) Vs. State (Delhi Administration), [(2000) 10 SCC 662], it was observed by the Hon'ble Supreme Court as under:
"4. We have gone through the entire writing contained in the suicide note. It makes a serious castigation against her husband for being an addict to narcotic drugs. Then she made a general allegation against her mother-in-law and in a lesser degree towards the Page 28 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined appellant. But unfortunately she did not advert to any concrete instance which can be termed as cruelty as defined in Section 498-A of the Penal Code, 1860. The utterances said to have been made by the appellant towards the deceased were to her chagrin and she had taken them very seriously and in the suicide note she described such utterances as not worthy of reproduction.
5. It is not enough that the deceased felt those words hurting, it must be subjected to judicial scrutiny and the Court must be in a position to hold that those words were sufficiently hurting enough as to amount to "cruelty" falling within the parameters fixed in Section 498-A of the Penal Code, 1860. The area remains grey and vague. Not a single word said to have been spoken by the appellant as against the deceased had been put on record by the deceased in the suicide note in spite of the fact that the said note is a very lengthy letter running into several paragraphs. The tenor and language of the suicide note would reflect that she was not an illiterate lady. As the Court is rendered helpless Page 29 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined to judge whether the words which the deceased heard from the appellant would amount to cruelty, it is far from possible for the criminal court to hold that she is guilty of the offence of cruelty as envisaged in the section. It is also to be pointed out that the deceased did not mention a single deed which the appellant would have done against her. All that is said against the appellant was that she spoke something which she took as objectionable.
15. In the referred judgment of Raj Rani (Smt.) (supra), deceased had written a suicide note. The entire writing of the suicide note was considered by the Supreme Court, where there was serious allegation against the husband for being addict to narcotic drugs. The deceased had made a general allegation against mother-in-law and also against the husband. But the Supreme Court observed that deceased had not adverted to any concrete incident, which could be termed as cruelty. The Supreme Court was of an opinion that Page 30 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined the utterance simply being hurting in nature would not suffice. The utterance should be sufficient enough to be considered as a cruelty to fall within the definition of Section 498A I.P.C.
16. As has been recorded and observed herein above in the case of Shardaben, Daughter of Ishwarlal Bhogilal (supra), the first part speaks of wilful conduct of the accused in the nature, which is likely to drive the woman to commit suicide, and the second part of Section 498A I.P.C. provides for harassment with a view to coerce the woman or any person related to her to meet unlawful demand for any property or valuable security and that has laid to failure to pay. The harassment to the woman, which has been considered, should be with a view to coerce her or any person related to her to meet the unlawful demand for any property or valuable security. While the first part of Section 498A I.P.C. Page 31 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025
NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined refers to wilful conduct driving the woman with no other alternative but to commit suicide. 16.1 In the case of Kamaruddin Dastagir Sanadi v. State of Karnataka, (2024) SCC OnLine SC 3541, this Court observed that discord and differences in domestic life are quite common in society. Commission of suicide largely depends upon the mental state of the victim. Until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict the accused for an offence under Section 306 I.P.C.
17. Here, in this matter, the complaint of the brother dated 20.04.2004 is at Exh.12. For the incident on 13.04.2004, he has stated before the police that he had received a phone call from his sister at about 8:00 in the morning, who had informed him that the brother-in-law was harassing her. The only expression used is of Page 32 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 'harassment'. Exh.12 does not refer to beating on that day. What was the nature of harassment is not reflected in document, Exh.12. However, in Exh.13, the complaint dated 21.04.2004, the brother as a complainant has referred to the phone call dated 13.04.2004. In that complaint too, the complainant has not recorded of any beatings by the accused brother-in-law to deceased. On 21.04.2004, the complainant has recorded at Exh.13 that his sister had informed him that Hasmukh was harassing her and was behaving with her cruelly. It appears that the brother in his deposition has improvised and brought in the aspect of beating the sister, which does not get reflected in his complaint at Exh.12 and Exh.13.
18. Mukesh Nanjibhai Talati was also the brother, who has been examined as P.W.2. His evidence would be relevant to consider that the sister was visiting their house after the Page 33 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined marriage and she had come to their house in the year 2004, and had informed that the parents-in- law and the husband were harassing her. Why they were harassing her, the cause was not informed to him. He also stated that on 'Holi', his sister was at their home and brother-in-law had come to take her back. It is also stated by P.W.2 that his brother has not informed him of what talks were conveyed through the telephone. He came to know about the death of his sister on 20.04.2004. 18.1 The cross-examination shows that deceased sister was learning computer and was also doing embroidery (Bharatkam) work. The computer class were taken at Godhara, while embroidery at Arad. He also stated that his sister and brother-in-law had stayed for about two years at Vadodara, and at that time, the brother-in-law was serving at a T.V. Channel company, but was not aware about the income received from the company. The complainant has stated that brother-in-law was serving as a Page 34 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined teacher at the time of the complaint. It appears that accused as a husband was trying his level best to improve his standard of living.
19. Learned APP Mr. Mehta has placed reliance upon the deposition of P.W.3 - Taraben Pradipbhai Parmar, who had turned hostile. Learned APP referred to the police statement of the witness, where it is stated that the witness is a neighbour as well as younger sister-in-law of deceased. She has affirmed of the quarrel in the house with the parents-in-law of deceased and being offended she had turned to her parental home, but the witness has no knowledge of bringing her back after settlement. She also had affirmed of some verbal quarrel of 13.04.2004, and has also stated that since last three to four years the quarrel had continued, and the parents- in-law were informing her that she would have to bear it.
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NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 19.1 The cross-examination of P.W.3 also suggests that deceased Kalpanaben was insisting to reside at Vaodara and the accused was not economically stable to stay at Vadodara. She affirmed that because of the insistence of deceased, panch had gathered at Arad and the brother - Ramesh had also attended the meeting. The witness affirmed that before the panch Kalpanaben had given assurance that she will now not unnecessarily have such insistence, nor would give any threat of suicide, therefore, she was allowed to continue in the matrimonial house. The witness also stated that before the panch, a writing was executed.
19.2 Considering this evidence, it could be noted that the deceased herself was not satisfied with her own matrimonial life. The financial incapacity of the husband was probably the ground for distress. The writing before the panch, Mark- Page 36 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025
NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 14/1, gets corroborated by the evidence of P.W.3. Deceased continued with her insistence to stay at Vadodara. The evidence of brother (P.W.2) would suggests that matrimonial family members had allowed her to have computer classes as well as embroidery (Bharatkam) classes, which could be considered that the parents-in-law had given her freedom of self earning. The allegation against the parents-in-law could not be considered as a cruelty, rather the parents-in-law were making her understand the facts of life and were suggesting her to remain peacefully in the joint family.
19.3 In view of this evidence on record regarding the facts, which had been brought before the panch, the judgment referred by the learned APP of Praveen Kumar (supra) would not be of much assistance.
20. Doctor Kananbala Saryuprasad Sainik has been examined as P.W.7. The cause of death in Page 37 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined P.M. Note for both the deceased was recorded as asphyxia due to drowning leading to death. Maheshkumar Devisinh Adiyal (P.W.4) was working in the fire brigade. P.W.5 and P.W.6 were A.S.I at the Police Station. P.W.8 was Dy.S.P. and P.W.9 was the Investigating Officer.
21. The State has failed to prove any immediate cause having the proximity with the commission of suicide, to consider it as an act of goading by all the accused urging or provoking deceased to commit suicide.
22. In the case of Mahendra K.C. v. State of Karnataka and another, [(2022) 2 SCC 129], it has been held by the Hon'ble Supreme Court that the essence of abetment lies in instigating a person to do a thing or the intentional doing of that thing by an act or illegal omission. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the Page 38 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 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. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. 22.1 The Hon'ble Supreme Court in the case of S.S. Chheena Vs. Vijay Kumar Mahajan, [2010 (12) SCC 190] in regard to the abetment has held as under:
"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 Page 39 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined 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."
22.2 In the case of Nareshkumar v. State of Haryana, (2024) 3 SCC 573, wherein it was held that the basic ingredient to constitute an offence under Section 306 IPC are suicidal death and abetment thereof. Abetment involves the mental process of instigating a person or intentionally aiding a person in doing of a thing. Thus, without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. Thus, in order to convict a person under Section 306, there has to be a clear mens rea to commit the offence and mere harassment, held, cannot be sufficient to hold an accused guilty of Page 40 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined commission of suicide. Further, it was held that the prosecution has to prove an active act or direct act which led the deceased to commit suicide. It was held that ingredients of mens rea cannot be assumed to be ostensibly present, but has to be visible and conspicuous.
23. The ingredients, which are required to be fulfill in order to bring a case under Section 306 I.P.C. are:
(i) abetment;
(ii) the intention of the accused to aid or
instigate or abet the deceased to commit suicide;
(iii) To bring the case under the provision, it is imperative that the accused intended by the act to instigate the deceased to commit suicide. 23.1 On the basis of the facts and circumstances as well as assessing the evidence, it would be necessary to determine whether the cruelty or harassment inflicted on the victim left her with Page 41 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined no other option, but to end her life. In cases of alleged abetment of suicide there must be concrete proof of either direct or indirect act of incitement that led to suicide. Mere allegations of harassment are insufficient to establish guilt. For a conviction, there must be evidence of positive act by the accused closely link to the time of incident that compel or drew the victim to commit suicide.
23.2 In the present case, the prosecution has failed to establish that the death was because of any active abetment on the side of the accused.
24. In view of the observations made herein above with the proposition of law, the case against the appellant-accused under Section 498A of the I.P.C. does not stand proved. At the same time, the prosecution has failed to prove the case under Section 306 I.P.C., to consider that the learned Trial Court Judge has erred in not Page 42 of 43 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:00:37 IST 2025 NEUTRAL CITATION R/CR.A/1417/2005 JUDGMENT DATED: 19/11/2025 undefined convicting the accused under Section 306 I.P.C. As per the judgments referred herein above, the ingredients as required under Section 306 I.P.C. does not stand proved.
25. In view of the above observations and discussions, the appeal filed by the State being Criminal Appeal No.2127 of 2005 is dismissed and the appeal of the appellants-accused being Criminal Appeal No.1417 of 2005 is allowed. The conviction and sentence of the appellants - accused dated 23.06.2005 passed by the learned learned Additional Sessions Judge, 6th Fast Track Court, Panchmahals in Sessions Case No.331 of 2004 is hereby set aside. Bail bond, if any, stand discharged. Registry is directed to send the Record and Proceedings back to the concerned Trial Court forthwith.
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