1. Though served, but nobody is appeared on behalf of the respondents. Therefore, the Appeal is taken up for final hearing on today.
2. The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 20.5.1995 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, in Sessions Case No.9 of 1993, whereby the accused have been acquitted from the charges leveled against them.
3. The brief facts of the prosecution case are such that the deceased Lilaben was married with accused No.1. The accused gave illtreatment to the deceased and alleged that the deceased had illicit relation with one Shankerbhai. The accused caused harassment to the deceased and therefore, the deceased as a last resort, jumped into the well and commit suicide and died. Therefore, the offence under Section 306, 114 and 498(A) 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.9 of 1993. The trial was initiated against the respondents accused.
4. To prove the case against the present accused, the prosecution has examined, in all 8 witnesses and also produced several documentary evidence.
5. 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 20.5.1995 .
6. Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.
7. 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. Learned APP Ms. Punani for the appellant – State read the charge at Exhibit 2 and submitted that due to harassment caused by the accused, the deceased committed suicide and therefore, provocation on the part of the accused is very well proved, but learned trial Judge has not properly appreciated the evidence and wrongly acquitted the accused. She submitted that P.W.1 Chhaganbhai stated in his evidence that the accused persons had beaten the deceased and caused mental and physical harassment. She has read the evidence of other witnesses examined before the trial Court and it is clearly come out that the accused persons gave harassment and alleged about some illicit relationship and therefore, the deceased committed suicide by jumping herself into the well. Therefore, she prayed to allow the appeal by quashing and setting aside the judgment and order of acquittal passed by the learned trial Court.
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 and no evidence revealed that the accused had instigated the accused to commit suicide. There are contradictions between the documentary and oral evidence. I have minutely perused the oral evidence of the witnesses examined during the trial. From the P.M. report at Exhibit 17, as per column 17, it appears that the deceased received some head injuries on back portion of her head and back portion of shoulder. The diameter of the well is not less than 10 to 12 meters and over the well, there was no protection wall and surface of the well is plain. From the record, it is also come out that there was one compromise between the parties, executed in writing and in which the signature of the accused was made and the member of the complainant, but the writing was inserted later on i.e. after taking signature of the accused. Therefore, the same is not reflected that the accused had played active role in the commission of the offence as alleged against them. I have perused the judgment and order passed by the learned Sessions Court. 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