1. The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 20.2.1996 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No.8 of 1994, whereby the accused have been acquitted from the charges leveled against them.
2. As per the case of the prosecution, the victim Dakshaben was married with the accused No.1 and the accused persons caused harassment to Dakshaben. As per the case of the prosecution, the victim was compelled to consume poison by the accused persons. Therefore, the offence under Sections 498(A), 328, 323, 504 and 114 of the Indian Penal Code was registered against the accused. Thereafter, necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them before the court of learned Judicial Magistrate. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Sessions Case No.8 of 1994. The trial was initiated against the respondents accused.
3. To prove the case against the present accused, the prosecution has examined, in all 11 witnesses and also produced several documentary evidence.
4. At the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge acquitted the respondent of all the charges leveled against him by judgment and order dated 20.2.1996.
5. Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.
6. It is submitted by learned APP that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence. She submitted that the accused persons demanded dowry from the said Dakshaben and on account of dowry, the accused caused cruelty on the said Dakshaben. The accused No.1 was ordered to pay maintenance to Dakshaben, as the Dakshben filed application for the same before the lower Court. She read the evidence of the witnesses examined during the course of trial. She submitted the material witness Dakshaben supported the case of the prosecution and the offences as alleged against the accused are established. The victim Dakshaben was driven away by the accused persons from her matrimonial home due to dowry and the accused threatened the said Dakshaben, if the dowry is not given as per demand, Dakshaben would not be allowed to live peacefully. She further submitted that after making compromise, the accused No.1 had taken her but thereafter, the demand of dowry was continued. The victim Dakshaben was beaten by the accused persons due to dowry. She further submitted that the ingredients of offence punishable under Sections 498(A), 328, 323, 504 and 114 are very well attracted to the case of the accused. As per her submission, the learned trial Judge without appreciating the evidence on record, wrongly acquitted the accused person and therefore, the judgment and order passed by the learned trial Judge is required to be quashed and set aside by allowing the present Appeal and the order of conviction to the accused may be passed.
7. Learned advocate Mr. Kakkad for the respondents – accused submitted that the the learned Sessions Judge has rightly acquitted the accused persons by appreciating the evidence in true manner and therefore, the judgment and order is required to be confirmed by this Court. The accused had not played any role in the commission of the alleged offence. Therefore, the Appeal is required to be dismissed.
8. I have perused the record and considered the submissions made by the parties. I have perused the oral evidence of the witnesses examined by the trial Court. From the evidence of medical expert, it is not established that the deceased was compelled by the accused to consume poison. Even from the evidence of victim, it appears that there are contradictions between her statement before the Doctor and her evidence and the contents of complaint are not corroborated to her evidence. The case of the prosecution has not been supported by other witnesses except the victim. It appears from the record that the victim Dakshaben consumed the poison on herself and there is no role established on the part of the accused persons to compel the victim to consume poison. Therefore, the ingredients of Section 498(A), 306 are not established against the accused persons. I have perused the provisions of Section 107 and 108 of the Indian Penal Code and therefore, it can be said that the prosecution has totally failed to prove the case against the accused. Therefore, the offence alleged against the accused persons is not proved and therefore, learned Sessions Judge has rightly appreciated the evidence on record and rightly acquitted the accused.
9. I have gone through the judgment and order passed by the trial court. I have also perused the oral as well as documentary evidence led before the trial court and also considered the submissions made by learned APP for the appellantState. Thus, from the evidence itself, it is established that the prosecution has not proved its case beyond reasonable doubt.
10. Learned APP is not in a position to show any evidence to take a contrary view of the matter or that the approach of the trial court is vitiated by some manifest illegality or that the decision is perverse or that the trial court has ignored the material evidence on record.
11. In the above view of the matter, I am of the considered opinion that the trial court was completely justified in acquitting the respondent of the charges leveled against her.
12. I find that the findings recorded by the trial court are absolutely just and proper and in recording the said findings, no illegality or infirmity has been committed by it.
13. I am, therefore, in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the court below and hence find no reasons to interfere with the same. Hence the appeal is hereby dismissed. Bail bond, if any, stands cancelled. Record and proceedings to be sent back to trial Court, forthwith.
(Z.K. SAIYED, J.) ynvyas