1. The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 21.1.1994 passed by the learned Sessions Judge, Mehsana, in Sessions Case No.251 of 1993, whereby the accused have been acquitted from the charges leveled against them.
2. Facts in brief of the prosecution case are such that the accused persons caused mental and physical harassment to the deceased and the accused had beaten the deceased on the ground of demanding dowry from the deceased. Therefore, as a last resort, the deceased committed suicide by setting her at fire and died. It is alleged that the accused misbehaved with the deceased and, therefore, the attitude on the part of the accused, resulted into committing suicide. Therefore, the offence under Sections 498(A), 306, 201, 176 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.251 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 8 witnesses and also produced several documentary evidence. On the defence side, three witnesses were examined.
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 him by judgment and order dated 21.1.1994.
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 for the appellant – State submitted that the deceased committed suicide due to ill treatment meted out by the accused. She further submitted that after the death of deceased, the funeral ceremony was performed by the accused, without intimating even the parents of the deceased. Therefore, it creates a doubt and therefore, it can be said that due to instigation on the part of the accused, the deceased committed suicide. During the course of trial, no independent witness was examined and the learned Sessions Judge relied only on interested witnesses, acquitted the accused from the charges. As per her submission, here in present case, the provisions of Section 8 of the Evidence Act are straightway applicable. Looking to the conduct of the accused, the provision of Section 201 of the Indian Penal Code is required to be considered. She further submitted that it is admitted fact that the death of the deceased is not natural death. She submitted that the looking to the evidence of the witnesses examined by the prosecution during the course of trial, it appears that the accused made demand of dowry from the deceased and the deceased was illiterate lady, therefore, the accused took disadvantage of her position. The accused had beaten the deceased and they had given mental and physical harassment to the deceased. She, therefore, submitted that in view of the above, the appeal is required to be allowed by quashing and setting aside the order of acquittal and the accused are required to be convicted for offence as alleged against them.
7. Learned advocate Ms. Bhargavi Thakar appearing on behalf of the respondents – accused submitted that learned Sessions Judge rightly passed the order of acquittal in favour of the accused by appreciating the evidence produced on record, in true spirit and manner. The prosecution failed to establish the charge levelled against the accused for offence alleged against them. The ingredients of provisions of Section 498(A) and 306 are not at all established, but she admitted that the respondents – accused without informing the parents of the deceased, performed funeral of the deceased. She submitted that the prosecution failed to prove that there was any instigation, provocation or any kind of abetment of the accused, resulted into committing suicide by the deceased. She read the provisions of Section 201 of the Indian Penal Code and in absence of P.M. note or inquest panchnama, it cannot be said that the accused compelled the deceased to suicide. She further stated that during the course of trial, not a single evidence produced on record, reflects that due to harassment on the part of the accused and due to act of the accused, the deceased committed suicide. For demanding the dowry, the accused used the words, are not be said to be covered within the meaning of dowry. Therefore, as per her submission, no interference is required to be called for from this Court and the Appeal is required to be dismissed.
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. Looking to the evidence of the complainant, it appears that he is not sure about the death of the deceased that by suicide or by accident. From the panch witness, it appears that from the place of incident, one stove contained 300 Grams kerosene was found. From the evidences of the witnesses, it is not reflected that the deceased committed suicide. It is true that the accused performed the funeral of the deceased without post mortuam of the deceased. But as per the provisions of Section 201 of the Indian Penal Code, the offence alleged against the accused is not proved. The demand of dowry on the part of the accused is not proved from the evidence of the witnesses examined by the trial Court. The dispute about money between the accused and deceased and her family members, cannot be said to recover under the provisions of Dowry Act or it cannot be said that the conversion or dispute about maintaining the family or any kind of expenses of marriage, is cruelty upon the deceased. Therefore, looking to the record, it is not reflected that the accused had meted out cruelty upon the deceased and the deceased therefore, committed suicide. 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. Thus, from the evidence itself, it is established that the prosecution has not proved its case beyond reasonable doubt.
10. It is also a settled legal position that in acquittal appeal, the appellate court is not required to rewrite the judgment or to give fresh reasonings, when the reasons assigned by the Court below are found to be just and proper. Such principle is laid down by the Apex Court in the case of State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC 1417 wherein it is held as under:
“… This court has observed in Girija Nandini Devi V. Bigendra Nandini Chaudhary (1967)1 SCR 93: (AIR 1967 SC 1124) that it is not the duty of the appellate court when it agrees with the view of the trial court on the evidence to repeat the narration of the evidence or to reiterate the reasons given by the trial court expression of general agreement with the reasons given by the Court the decision of which is under appeal, will ordinarily suffice.”
11. 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.
12. 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.
13. 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.
14. 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.)