The Gujarat High Court has upheld an order acquitting a man in his wife’s suicide abetment case after finding that there were merely allegations of harassment made without any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the deceased to commit suicide.

The High Court was considering an appeal filed by the State against the judgment of acquittal passed by the Sessions Judge in a case registered under Sections 498(A), 306 and 114 of the Indian Penal Code.

The Single Bench of Justice Sanjeev J. Thaker held, “There are merely allegations of harassment without there being any positive action proximate to the time of occurrence on the part of accused which led or compelled the deceased to commit suicide. Moreover, the word uttered in the heat of anger or emotion without intending the consequences to actually follow, cannot be said to be instigation.The prosecution has not been able to prove that there was active act or direct act which led the deceased to commit suicide seeing no other option and the prosecution has not been able to prove that the act of the accused was with the intention to push the deceased into such a position that he/she committed suicide.”

Additional Public Prosecutor Megha Chitaliya represented the Appellant while Advocate K S Chandrani represented the Respondent.

Factual Background

The complaint was filed by the complainant, stating that his daughter’s marriage was solemnised with the first accused three years before the incident. His daughter was residing in a joint family, and out of wedlock, one male child was born. It was alleged that the accused started taunting the deceased and harassing her mentally and physically. As the harassment became unbearable, the deceased jumped into the well and ended her life. Therefore, the complaint was filed against the respondent. A case came to be registered. The Trial Judge acquitted the accused of the offences for which the charge was framed, by holding that the prosecution had failed to prove the case beyond a reasonable doubt.

Reasoning

On a perusal of the facts of the case, the Bench noted that the prosecution had not been able to prove that the abetment to commit suicide which involves a mental process of instigating a deceased or intentionally aiding a deceased in the doing of a thing without a positive proximate act on the part of the accused to instigate or aid in committing suicide.

As per the Bench, the Trial Court had rightly held that there was no positive evidence on record to prove that the accused, by way of the conduct or spoken words, overtly or covertly, actually aided and abetted or instigated the deceased in such a manner that it leaves no other option for the deceased but to commit suicide.

The Trial Court had recorded that there was no direct evidence connecting the accused with the incident, and there were contradictions in the depositions of the prosecution witnesses. The Bench made it clear that in the absence of direct evidence, it couldnot be proved that the accused were involved in the offence. Further, the motive of the accused behind the incident was not established.

Futher, reaffirming that in acquittal appeal, the appellate court is not required to re-write the judgment or to give fresh reasoning, when the reasons assigned by the Court below are found to be just and proper, the Bench held, “Thus, in case the appellate court agrees with the reasons and the opinion given by the lower court, then the discussion of evidence at length is not necessary.”

Thus, endorsing the view/finding of the Trial Court leading to the acquittal, the Bench dismissed the Appeal.

Cause Title: State of Gujarat v. Keshubhai Chhanabhai Bathwar (Neutral Citation: 2026:GUJHC:8574)

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Gujarat High CourtJustice Sanjeev J. Thaker

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.