1. The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 5.7.1994 passed by the learned Additional Sessions Judge, Valsad, in Sessions Case No.76 of 1992, whereby the accused have been acquitted from the charges leveled against them.
2. The brief facts of the prosecution case are such that the deceased Smitaben was wife of the accused No.1. The accused persons gave ill treatment to the deceased and the accused caused harassment to the deceased and therefore, the deceased as a last resort, consumed pesticides and thereby, she committed suicide and died. Therefore, the offence under Section 306 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.76 of 1993. The trial was initiated against the respondents accused.
3. To prove the case against the present accused, the prosecution has examined, in all 14 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 respondents of all the charges leveled against them by judgment and order dated 5.7.1994 .
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. Learned APP Ms. Jhaveri for the appellant – State read the charge and also read the evidence of the witnesses examined before the trial Court and from the record, it is clearly come out that the accused persons gave harassment and therefore, the deceased committed suicide and therefore, the deceased committed suicide by consuming pesticides. Therefore, she prayed to allow the appeal by quashing and setting aside the judgment and order of acquittal passed by the learned trial Court.
7. Learned advocate Mr. Qureshi for the respondent submitted that learned Sessions Judge has rightly acquitted the accused after appreciating the evidence on record, therefore, no interference is required to be called for from this Court. Here in this case, two types evidence in two sets have been produced. Prima facie, it appears that the accused persons have not committed any role which links with the offence as alleged against them. Therefore, he prayed to dismiss the Appeal.
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 documentary and oral evidence produced during the course the trial. From the record, it appears that the deceased was of high temper nature and therefore, she committed suicide by consuming pesticides. It also appears that the accused No.1 was having sound economic position and therefore, the allegations legvelled against the accused are not believable. There is no circumstance reflected, which connect the accused with the alleged offences. 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. I have perused the provisions of Section 107 and 108 read with Section 114 of the Indian Penal Code. 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. 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.
12. 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.
ynvyas (Z.K. SAIYED, J.)