1. The present Appeal, under Section 378 of the Code of Criminal Procedure, is filed by the appellant – State of Gujarat against the Judgment and order dated 01.09.1995 passed by learned Additional Sessions Judge, Surat, in Sessions Case No. 113 of 1994, whereby the learned Judge has acquitted the respondents – original accused from the charges alleged against them. Against the said Judgment, the appellant – State has filed present Appeal against respondents – original accused.
2. The brief facts of the prosecution case are that the marriage of the victim Najmabanu was solemnized with the accused No.1 as per the caste customs. It is alleged that after marriage, the accused were giving physical as well as mental ill-treatment to the victim. It is alleged that the relatives have also tried to settle the issue, but, the same could not be settled. It is alleged that on 20.11.1988 the complainant received the message that Najmaben, daughter of complainant, is serious and she has been admitted in the Hospital at Olpad. The complainant and other relatives reached Olpad where they were informed that the dead body was lying in the Post Mortem Room and, therefore, they were not permitted to see the dead body. It is alleged in the complaint that the complainant had received information that frequently the victim was given mental and physical torture by the respondents and, therefore, she has committed suicide. It is alleged that the Police officer was not hearing the complainant and not taking the complaint properly and, therefore, the complainant was compelled to lodge private complaint and the said complaint was sent for investigation under Section 156(3) Cr. P. C. The matter was investigated by the officer of the rank of Deputy Superintendent of Police.
Thereafter, the charge-sheet has been filed against the respondents – accused for the offence under Sections 498-A and 306 of I.P. Code.
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 Magistrate. Thereafter, as the case was triable by the Court of Sessions, the learned Magistrate has 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 the documents. At the end of trial, after recording the statement of the respondent – 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, has 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. Jirga Jhaveri, appearing on behalf of the appellant – State of Gujarat. Board shows that on behalf of the respondents Mr. S.K. Bukhari is appearing. However, during the hearing, he was not present. I have also 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 and other independent evidence, it clearly appears that due to physical and mental harassment by the respondents and on instigation, the deceased had poured kerosene on her and committed suicide. She has read the letters Exh.9 & 10 and contended that from the contents of letters earlier the complaint was filed for the offence under Section 302 I.P. Code. However, during the investigation it was found that the deceased has committed suicide due to the harassment on the part of the respondents and, therefore, the charge-sheet was filed under Sections 498-A, 306 and 114 of I.P. Code. Looking to the evidence produced on the record, it clearly appears that the deceased has committed suicide at the instance of respondents – accused and, therefore, the learned Judge has committed an error in not believing the case of the prosecution. She has also read the provision of Evidence Act and contended that the presumption is also required to be drawn against the present respondent – accused. She has, therefore, contended that looking to the over all evidence, prima-
facie, 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. Board shows that other side is served and on their behalf, Learned Advocate Mr. Bukhari is appearing. However, at the time of hearing, he was not present.
9. From the observation of the trial Court it is clearly established that the case of the prosecution is not proved beyond reasonable doubt. From the papers, it clearly appears that there is delay of 8 days in filing the complaint and the said delay is not explained. Even in the cross examination the complainant has admitted that the decease could not be able to conceive. I have also considered the letters Exh.9 and 10 and from the wording of the said letters, it is clearly established that there is no instigation or provocation on the part of the respondents to compel the decease to commit suicide. Looking to the oral as well as documentary evidence produced on the record, I am of the opinion that the respondents have not instigated or provoked the deceased to commit suicide. In my opinion, therefore, the Judgment of the trial Court is proper and no interference is called for.
10. 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 respondent – 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.
11. In view of above, the Appeal is dismissed. The Judgment and order dated 01.09.1995 passed by the learned Additional Sessions Judge, Surat, in Sessions Case No.
113 of 1994, is hereby confirmed. Bail Bonds, if any, shall stand cancelled. Record & Proceeding to be sent back to the trial Court immediately.
(Z.K.SAIYED, J.) sas