[1] The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 11.01.1994 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, Camp at Modasa, in Criminal Case No. 73 of 1992, whereby the learned Sessions Judge has acquitted the respondents - accused from the charges levelled against them.
[2] The brief facts of the prosecution case are that that the marriage of Rekhaben, daughter of the complainant was solemnized with Shankerbhai Lakhabhai, respondent No.2 (original accused No.2) in the year 1982, at that time she was minor. It is alleged in the complaint that when she became major before two years from the date of incident, she was sent to her in-laws house with Ana ceremony. Rekhaben has a son aged about 6 months. It is also alleged that Rekhaben and her sister Ushaben were married in the same family and the father-in-law of both the sisters were uncle's son and they were residing in the same family. It is further the case of the prosecution that Rekhaben was physically and mentally tortured. It is also the case of the prosecution that the accused No.2 had illicit relation with Ushaben wife of his brother Jethabhai and sister of deceased Rekhaben. It is alleged that she was tortured on flimsy grounds that she is not working well. It is alleged that thereafter on 07.03.1991 in the evening, the complainant received the message that Rekhaben, daughter of the complainant had dead as deceased Rekhaben had committed suicide. Therefore, the complaint was lodged against the accused for the offence under Sections 498(A), 306, 114 of I.P. Code before the Modasa Police Station, Camp at Malpur.
[3] Necessary investigation was carried out, statements of the witnesses were recorded. Thereafter, after completion of investigation, the charge-sheet was filed against the respondents - accused in the Court of learned J.M.F.C. Thereafter, as the case was triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter, the charge was framed against the respondents - accused. The respondents - accused pleaded not guilty to the charge and claimed to be tried.
[4] To prove the case against the accused, the prosecution has examined the witnesses and relied upon certain documents. At the end of trial, after recording the statements of the respondents - accused, under Section 313 Cr. P.C., and after hearing the arguments on behalf of the prosecution and the defence, the learned Additional Sessions Judge, vide the impugned Judgment and order, acquitted the respondents - accused from the charges levelled against them.
[5] Being aggrieved by and dissatisfied with the aforesaid Judgment and order of acquittal, the appellant - State of Gujarat has preferred this Appeal.
[6] Heard learned A.P.P. Ms. Punani, appearing on behalf of the appellant - State of Gujarat and learned advocate Mr.Ekant Ahuja for learned senior advocate Mr.A. D. Shah for the respondents. I have gone through the Judgment and order passed by the trial Court and also considered the documents produced on the record of the case.
[7] Learned APP, appearing on behalf of the appellant, has contended that the Judgment and order passed by the learned Judge is without considering the facts and evidence on the record. She has contended that looking to the complaint and the deposition of the witnesses it clearly appears that due to the harassment by the husband and in-laws, the deceased Rekhaben had committed suicide. She has also contended that, prima-facie, it appears that due to mental and physical torture from the husband and other family members, the deceased had gone to her parental home and complained her parents about the physical and mental harassment. The learned APP has also drawn the attention of the deposition of the prosecution witnesses and contended that from the deposition of witnesses it clearly appears that there was mental harassment on the part of the accused and her husband was taunting to the house work. She has, therefore, contended that looking to the over all evidence, the prosecution has established its case beyond reasonable doubt and the learned Judge has wrongly acquitted the accused from the charges levelled against them. She, therefore, contended that the Judgment and order of the trial Court is bad in law and perverse and, therefore, the same requires to be quashed and set aside.
[8] Learned advocate for the respondents has contended that the prosecution has failed to prove its case. He has contended that there are two types of allegations; one illicit relation with accused No.1 and 3 and second the accused misbehaved with the deceased and she was beaten by the accused. He has contended that the witnesses who were present at the place of offence, have not been examined by the prosecution. He has contended that the prosecution examined the witnesses, who are the relative of the deceased. He has contended that the learned Judge has rightly observed that the prosecution has failed to prove its case and has rightly acquitted the accused from the charges levelled against them. He has contended that the present appeal deserves to be dismissed and the judgment and order of the learned Judge deserves to be confirmed.
[9] I have gone through the papers produced before me as also the Judgment of the Court below. I have also considered the oral as well as documentary produced on record. From the deposition of witnesses it appears that the witnesses are relatives of the deceased and though they are related to the deceased, not a single witness has deposed anything about the conduct or mis-behaviour of the accused with the deceased. From their depositions the prosecution could not be able to prove that due to physical and mental cruelty the deceased committed suicide. I have also gone through the main ingredients of Section 498-A of I.P.Code, which reads as under :
"498-A
- Husband or relative of husband of a woman subjecting her to cruelty - whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine -
[Explanation
- For the purpose of this section, "cruelty" means
-
(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 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] [10] Cruelty must be proved through direct evidence of witnesses. In the present case, from the oral evidence of witnesses, the prosecution could not prove that due to the conduct and harassment by the accused the deceased has committed suicide. The learned Judge, in his Judgment in Para - 33 has clearly observed that the prosecution has not produced any evidence to show that the deceased was harassed by the accused mentally or physically and there was illicit relation between accused No.1 and 3 and from that fact also, it cannot be believed that the deceased was harassed by the accused. No independent witnesses have been examined to support the case of the prosecution. Therefore, it appears that the accused have been falsely involved in the case. I am, therefore, of the opinion that the learned Judge has not committed any error in not believing the case of prosecution. In my opinion, therefore, the Judgment of the trial Court is proper and no interference is called for.
[11] It is settled legal position that in acquittal appeal, the Appellate Court is not required to re-write the Judgment or to give fresh reasonings when the Appellate Court is in agreement with the reasons assigned by the trial Court acquitting the accused. In the instant case, this Court is in full agreement with the reasons given and findings recorded by the trial Court while acquitting the respondents
- accused and adopting the said reasons and for the reasons aforesaid, in my view, the impugned judgment is just, legal and proper and requires no interference by this Court at this stage. Hence, this Appeal requires to be dismissed.
[12] In view of above the Appeal is dismissed. The impugned judgment and order dated 11.01.1994 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, Camp at Modasa is confirmed. Bail bonds, if any, shall stand cancelled. Record & Proceeding may be sent back to the trial Court.
[ Z. K. SAIYED, J. ] (vijay) Top