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 24.05.1995 passed by learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 42 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.
The brief facts of the prosecution case are that the marriage of Kadviben, sister of the complainant was solemnized with the respondent No.1 - accused No.1 before about seven months prior to lodging of F.I.R. It is alleged that during the marriage life, the accused were giving mental and physical torture to the deceased. It is also stated by the complainant that 2 or 3 times the deceased came to his house and complained about the mental and physical torture given by her husband and her mother-in-law, but, after convincing the deceased, the complainant and other relatives sent her to her in-law's house. It is alleged that on 13.1.1994 at about 9.00 P.M., the complainant received information from his relative that his sister (deceased) has committed suicide and received serious burns injury and she is admitted in the Irvin Hospital, Jamnagar. Thereupon, the complainant and his mother and his brother went to the house of his sister Kantaben. His sister-in-law and his sister were present there and informed that Jayshree (deceased) had expired due to burns injury. Thereafter, the complainant filed complaint before the Deputy Superintendent of Police, who has sent the said complaint before the City "A" Division Police Station, Jamnagar. The said complaint was registered vide CR No. 13 of 1994. The offences under Sections 498-A, 306 read with Sections 114 and 34 of I.P. Code was registered against the respondents - original accused.
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 Chief Judicial Magistrate, Jamnagar. 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.
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 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, has acquitted the respondents - accused from the charges levelled against them.
Being aggrieved by and dissatisfied with the aforesaid Judgment and order of acquittal, the appellant - State of Gujarat has preferred this Appeal.
Heard learned A.P.P. Ms. Hansa Punani, appearing on behalf of the appellant - State of Gujarat. 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.
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 mother-in-law, the deceased was compelled to commit Suicide. She has also contended that, prima-facie, it appears that due to mental and physical torture from the husband and his mother-in-law, the deceased committed suicide. She has contended that, no doubt, there is delay of 24 hours in filing the complaint, but, the same would not to the case of prosecution. She has contended that for three days the deceased was not given food and she was also given physical and mental torture by her husband and mother-in-law and, therefore, the deceased was compelled to commit suicide. She has contended that looking to the nature of offence, the prosecution can only examine the witnesses who are related to the family of deceased and, therefore, on that ground their evidence cannot be discarded by the trial Court. 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 him. 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.
Other side is served, but, nobody has appeared on their behalf. 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 related to each other and that there are material contradictions in their evidence. The main allegations of the witnesses that the deceased was complaining them that as she was not covering her head as a mark of respect and, therefore, quarrel was taking place in her house. In the cross-examination of the complainant, the complainant has categorically admitted that at the time of marriage, the accused and their family members have insisted that deceased should not cover her head with sari and that she should marry with her husband without covering her head with Sari. Looking to the evidence of complainant, it cannot be believed that the accused and their family were not obstinate. Therefore, the allegation of the complainant and other witnesses that the husband and mother-in-law of the deceased obstinate is not believable. It has also come in evidence that the deceased has committed suicide, however, from 23.12.1993 to 17.1.1994 the accused No.2 - mother-in-law of the deceased was admitted at Irvin Hospital, Jamnagar, on account of stomach problem. Therefore, the allegations that the deceased was mentally and physically harassed by her mother-in-law in near past before she committed suicide is also not believable. No doubt, the marriage span is for 7 months, but, it appears that after marriage, the deceased could not be adjusted herself in the family of her in-laws and, therefore, it cannot be said that the deceased has committed suicide because of the mental and physical harassment on the part of the accused. I have also gone through the main ingredients of Section 498-A 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] Cruelty must prove through direct evidence of witnesses. Here, in the present case, from the oral evidence of witnesses, the prosecution could not be able to prove that due to the conduct and harassment by the accused the deceased has committed suicide. In the present case, learned Judge has categorically observed that the prosecution has not produced any evidence to show that any mental or physical torture was given to the deceased by her husband. 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.
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.
In view of above, the Appeal is dismissed. The Judgment and order dated 24.05.1995 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 42 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 Top