1. The present Appeal, under Section 378(1)(3) of the Code of Criminal Procedure, is filed by the appellant – State of Gujarat against the Judgment and order dated 31.08.1999 passed by learned City Sessions Judge, Court No.1, Ahmedabad City, in Sessions Case No. 160 of 1995, whereby the learned Judge has acquitted the respondent – original accused from the charges alleged against her. Against the said Judgment, the appellant – State has filed present Appeal against respondent – original accused.
2. The brief facts of the prosecution case are that the complainant - father of the victim Gitaben lodged his complaint before Amraivadi Police Station, Ahmedabad, in which it has been stated that that the marriage of his daughter (victim) was solemnized with Yashvant, son of the accused (present respondent). It is alleged that according to the social status the complainant gave reasonable quantum of articles and ornaments in dowry as per custom. After marriage the victim was living happily with her husband and there was no complaint. It is also stated in the complaint that after the marriage, the complainant used to invite his daughter, along with her husband, on every Sunday for dinner and his daughter with her husband were coming for dinner. It is alleged that on one Sunday when the complainant had gone to invite his daughter Gitaben and her husband, the accused got annoyed and rejected his offer and stated that her son would not come and also taunted the complainant by saying that Gitaben (victim) was not up to the mark and is not liked by her. It is alleged that on one or the other pretext the accused used to torture her daughter and victim had also complained him about the cruelty and harassment by her mother-in-law (present respondent). It is alleged that on the date of the incident i.e. on 14.7.1994 at about 2.00 O'clock the elder brother of Yashvant (husband of victim) informed Vijay, son of elder brother of the complainant, that Gitaben has committed suicide by putting her head in the noose. On receipt of such information Vijay rushed to the complainant and informed him about the suicide committed by the victim. Thereafter, the complainant along with his relatives went to the place of Gitaben. It is alleged that when they reached to the place of Gitaben the main door was found closed and when they knocked the door, the accused did not open the door and stated that Gitaben has committed suicide by hanging. Thereupon the complainant straightway proceeded to the Police station and lodged his complaint against the accused (present respondent). The offence under Section 498(A), 304(B) and 306 of I.P. Code was registered vide CR No. 355 of 1994 with Amraivadi Police Station, Ahmedabad. The accused (respondent) was arrested on 14.7.1994.
3. Thereafter, necessary investigation was carried out and the statements of the witnesses were recorded. Thereafter, after completion of investigation, the charge- sheet was filed against the respondent – accused in the Court of learned Metropolitan Magistrate. 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 respondent – 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 respondents – accused, under Section 313 Cr. P.C., and after hearing the arguments on behalf of the prosecution and the defence, the learned Sessions Judge, vide the impugned Judgment and order, has acquitted the respondent– accused from the charges alleged against her.
5. Being aggrieved by and dissatisfied with the aforesaid Judgment and order of acquittal, the appellant – State of Gujarat has preferred this Appeal.
6. I have gone through the Judgment and order passed by the trial Court and considered the arguments advanced on behalf of the respective parties 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 appreciating the facts and evidence on the record. He has read the charge and the oral evidence of the witnesses and contended that from the oral as well as the documentary evidence, it is clearly established that the accused was taunting the deceased and also giving mental harassment to the deceased and, therefore, the victim has committed suicide. He has contended that looking to the evidence produced on the record, it clearly appears that the deceased has committed suicide at the instance of respondent – accused. He has also read the provision of Section 113-A of the Evidence Act and contended that the presumption is also required to be drawn against the present respondent – accused. He 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 committed grave error of acquitting the respondent from the charges alleged against her. He, 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. The respondent was duly served, but, nobody is appearing on her behalf. I have also gone through the Judgment of the trial court and also perused the papers produced before me.
9. From the observation of the trial Court it appears that the prosecution witness Nos.1, 2 & 3 are closely related to the deceased and would be highly interested witnesses. There are lot of contradictions and improvisations from their earlier versions before the Police as well as inconsistencies between each other in relation to the same event/incidence and, therefore, their evidence is not trustworthy and reliable. The contents of FIR (Exh.8) also do not get corroboration. The learned Judge has rightly observed that the rest of the witnesses are either the Investigating Officer or the Medical Officers whose role starts only after the occurrence of incident and, therefore, their testimonies are of no significance for bringing home the guilt against the accused and at the most, their testimonies are sufficient to hold that late Gitaben had committed suicide by hanging. The learned Judge has also observed that from the evidence produced on the record, the prosecution could not be able to establish its case beyond reasonable doubt. Looking to the evidence produced on the record, the motive is also not established against the respondent – accused beyond reasonable doubt. Section 113-A of the Evidence Act can come in the way of the respondent – accused, but, to consider the same, the prosecution has not produced any material evidence on the record. The learned Judge has categorically observed that the prosecution could not be able to produce any evidence to prove its case beyond reasonable doubt that the accused had provoked and instigated the deceased to commit suicide. The learned Judge has observed that looking to the evidence, produced on the record, the abatement, instigation and provocation is not proved beyond reasonable doubt and it cannot be considered that due to the instigation, provocation and abatement the deceased has committed suicide. Looking to the facts and circumstances of the case, I am of the opinion that the learned Judge has rightly considered all the aspect of the matter and, after properly appreciating the evidence, has rightly come to the conclusion that the prosecution has failed to prove its case beyond reasonable doubt. 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 31.08.1999 passed by the learned City Sessions Judge, Court No.1, Ahmedabad, in Sessions Case No. 160 of 1995, 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