State Of Gujarat vs Lakhamanbhai Premajibhai

Headnote AI-drafted · Reviewed and approved

The State of Gujarat filed a criminal appeal under Section 378 of the Code of Criminal Procedure, 1973 against a judgment and order of acquittal dated 28/03/2007 passed by the Additional Sessions Judge & Presiding Officer, Fast Track Court No.11, Gondal camp at Dhoraji in Sessions Case No.182 of 1993. The respondents-accused had been acquitted of offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code on the ground that the prosecution had failed to prove the circumstances relied upon for establishing the guilt of the accused by any reliable or satisfactory evidence.

The case arose from an incident on 04/10/1992 when the deceased, daughter-in-law of respondent No.1, poured kerosene over her body and self-immolated, allegedly on account of harassment, ill-treatment and torture by the accused persons relating to inadequacy of dowry. The complaint was filed by the mother of the deceased and after investigation a charge-sheet was filed for offences under Sections 498A, 306 and 114 IPC. Pending the present appeal, respondent No.1 Lakhamanbhai Premajibhai died on 09/05/2009 and respondent No.4 Divaliben Lakhamanbhai died on 14/02/2020, and accordingly the appeal stood abated qua those two respondents.

The High Court, upon hearing the Additional Public Prosecutor for the appellant-State and counsel for the surviving respondents, proceeded to examine the oral and documentary evidence placed before the trial court, including testimony of eight prosecution witnesses and various documentary exhibits such as the post-mortem report, inquest panchnama and scene of offence panchnama.

Catchwords: criminal appeal · acquittal · dowry harassment · abetment of suicide · cruelty · self-immolation · Section 498A IPC · Section 306 IPC · Section 114 IPC · appeal against acquittal · abatement on death of accused

Cruelty and Section 498A IPC / 85 BNS