^ A /^ r HIGILCOURT OF CHHATTISGARH AT BILASPUR Cv._Avs, Np. ^76/1991 SBj^Hon'ble Shri Justice R.L. Jhanwar APPELLANT State • of Madhya Pradesh (now State of C.G.) Versus RESPONDENT Ibrahim JUDGMENT VKV.W^ P^stjor_pronouncenientofJudgD'ient 1Y~. 12.2009 Sd/- R.L. Jhanwar Judge HIGH COURT OF CHHATTISGARH : BILASPUR SB: HON'BLE^SHRI RAJESHWAjl LAL JHANWAR, J. wsK«9 APPELLANT RESPONDENT Criminal Anoeal No. 976/1991 State of Madhya Pradesh (now State of C.G.) •9 Versus Ibrihairu, - S/o Hazi Shankur, Caste Musalnian, aged 52 years, resident of Baghbahra, Dist. Raipur Application for leave to appeal under Section 378 (31 Cr.P.C. and Criniinal Appeal against acquittal under Section 378 (1) ofthe Crj>.C.^973 Appearance: Mr. Rajendra Tripathi, Panel Lawyer for the State. Mr. R.K.Jain, counsel for the Respondent. JUDGMENT (Deliveredon ]<T'. 12.2009) .;;.<• iS^.';:.^^ This is a State appeal filed under Section 378 (1) of the Cr.P.C. being aggrieved by the judgraent dated 29th May, 1991 delivered in Sessions Case No. 163/1990 by the Additional Sessions Judge, Mahasamund, District Raipur whereby the respondent who was charged under Section 306 for abeta'nent of committing suicide by Nasira Bano had subsequently been acquitted of the same charge. 2. Briefly stated prosecution, in nutshell, are that the one Fatima Begum has remarried the respondent/accused. Prior to marriage with respondent/accused, Fatiina .Begum was the wife of Sikander Khan and out of the previous wediock she has 6 children. Of them Nasim Bano wa's elder daughter. After marriage with the respondent / accused, Fatima. Begum and her elder dayghter Nasim Bano started livirig with the accused/appellant and the appellant| was reluctant over Nasim Bano being resided between them. Taldng this disadvantage, the respondent often used to quarrel with Nasiia Bano, who was also facing difficulty about this. . Gradually the resporident prompted Nasim Bano in trouble and was staring at her with illj-intention. On the date of s&'Si;'^'-;, i ';t!!8 -^l incident i.e. 21.11.1989, as before, a ..jic.-rel ensued between tlie respondent and Nasim Bano and respondefl.S'was about to assault her, which compelled Nasim Bano to commit sCicide by pouring Kerosene oil over her body and set herself ablaze thereby the respondent abetted coraraitting suicide by Nasim Bano. After incident, the victim was referred to D.K.Hospital, Raipur but Nasim Bano was charred to death. On 24.11.1989 a case was registered at police station Baghbahra for commission of suicide by Nasim Bano. Thereafter, investigation took place and during investigation it emerg^d that respondent has prompted Nasim Bano to commit suicide arid on this F.I.R. Ex.P.12 was lodged against respondent. 3. Aftercompletion.ofinvestigation,GhargesheetunderSection306 was filed against the respondent who abjured the guilt, pleaded innocence and false implication. 4. The learned trial Court has, after evaluating the evidence substantially available on record and hearing the counsel for both the parties, acquitted the respondent from charge under Section 306 of the I.P.C. 5. I have heard learned counsel for the parties and perused the record. 6. According to medical evidence, Dr.B.P.Malani P.W.4 stated that on 21.11.1989 Nasima Bano had been broi.:c-ht at Government Hospital Baghbahra in a sedated condition whe'^-e. he had foz'.nd that the deceased sustained 90% burn injuries and she was referred by him to Raipur. 3r. D.C.Jain P.W.14 stated that h° v/as at the time ofDoctor of D.K.Hospital, Raipur and he saw Nasim Br.o in a sedated condition and found.-iierbody over 90% burn injuries. On 24.11.1t589 at about 5.50 p.in. she succumbed due to 'ourn injuries. Report of Post-mortem is Ex.P.20 and ^ocording to him Nasim Bano died clue to burn injuries. This fact regarding death of Nasim Bano pccurred due to burn injuries, was also supporfed by the appellant and 'ptl^er witaesses. Therefore, it ia clear feat Nasim Bano has died due to burn injuries. 7. It is also evident frora the testimony ofFatima Begiim P.W.6 that Nasim Bano died due to burn injuries. The evidence of Sub-Inspector J.ogincler Singh P.W.13 ttiat he seized ikerosene oil and also cloths 1 / "'' L «,.i§|ij;;JW'*>' t?::i{?Si|Si|S| which were found burnt clearly shows that Nasiin Bano comniitted suicide after pouring kerosene pil over her body and set herself ablaze. 8. In this case, the offence is under Section 306 of the I.P.C. Now, the question reraains to be considered is whether the appellant actually abetted or instigated the deceased to commit suicide. 9. Sikander Khan P.W.l.-who is the real father of the deceased - Nasim Bano, stated that in May, 1987, his wife Fatima Beguin left him and got married with appellant - Ibrahim. At that time, the deceased was also accompanied by her mother - Fatima Begum P.W.6. According to Sikander Khan, Fatima Begum after leaving him came to his house after two months and stated that the appellant—Ibrahim subjected Nasim Bano to ill-treatment and developed ill-intention against Nasim Bano. He also stated that the deceased - Nasim Bano also stated the same story and told him that the appellant used to assault her. According to testimony of Sikander Khan, this discussion took place way back in the months of July - August, 1987 whereas Nasim Bano died in the month of Noveinber, 1989 i.e. more than two and half years have elapsed. 10. Fatima Begum P.W.6 stated that after leaving Sikander Khan in 1987, she never met with Sikander Khan. Then in that situation the tesdruony of Sikander Khan that Fatima Begum and her daughter Nasima Bano met with him after two months of leaving him is not reliable. It is also stated by Fatima Begum P.W.6 that Nasim Bano resided with her and after 6 months her husband (i.e. the present appellant) used to tell her that why did Nasim Bano stay with them. 11. Yasmin P.W.2 and Mohammed Shamshad Khan P.W.3, who are the daughter and son of Fatima Begum P.W.6 and Sikander Khan P.W.l, stated that they are living with their father Sikander Khan. It is evident from Ihe testimony of Yasmin that whenever Nasim Bano came •to meet her she used to say about the illptreataiient being given by the appellant byf this was not corroborate^l by Mohammed Shamshad Khan P.W.3 who stated in his cross-examination that whenever his sister Nasim Bano came to their house, she never stated about the ill- treatment by the appellant. Thus, the factum of ill-treatment by the ,/'?.T sgiis'i tlnMSIS ^ appellant on Nasiru Bano was fully contradicted and could not be proved by these prosecution witnesses. 12. It is also clear from the testimony of Fatima Begum P.W.6 that when Nasim Bano was admitted in hospital at Raipur, she stated that accused used to stare at her with ill-intention. It appears that prior to incident she never disclosed this fact of ill-intention to her mother whereas in the police statement Ex.D.2 of Fatima Begum, this version that the appellant used to stare atNasim Bano with ill-intention is not found anywhere. Thus, the oral d}dng declaration given to his mother by Nasim Bano by the deceased at Hospital is not reliable and worth no credence. It also emerged from the testimony of Fadma Begum P.W.6 in paragraph 11 that on 21.11.1989 a quarrel ensued between her and the appellant regarding money and on this the appellant started beating her and did not even utter single word to Nasim Bano. Nasim Bano in turn asked the appellant why he was beating her mother which lead to a quarrel between the appellant and Nasim Bano and the appellant also slapped her twice. Thus, it is clear that the deceased— Nasira Bano intercepted the quarrel took place between her mother and the appellant and while the deceased defending her mother, the appellant also took quarrel with her and slapped twice. Frustrating the act of the appellant, the deceased, being a sentimental and emotional lady, poured kerosene oil over her body and thereafter set herself ablaze thereby coramitted suicide. 13. Sub-Inspector Joginder Singh P.W.13, who has written the F.I.R. Ex.P.12 has also not stated that he came to know about the appellant that he often stares at Nasim Bano with ill-intention. The statement of Fatiina Begum is also not reliable since the fact of ill-intention and ill- treatment being faced by Nasim Bano from the appellant is departed from the statement given to the police vide Ex.D.2. P.W.8 Kachara Bai -and Jhadiram. P/W. 11 also stated that they did not know that the victim was oflen .subjected by the appellant to ill-treatment and ill-intention. These witnesses are independent witnesses. 14. Having thus scrutinized the evidence of all witnesses, it is clear that the deceased Nasim Bano was the daughter of Sikander Khan and Fatinia Begum and Fatima Begum left Sikander Khan for solemnizing . niamage witU the appellant. It is also evident that the deceased was r^ i.' WSKS well aware of this fact that her mother left Sikander Khan and has remarried to the appellant and when the appellant hurled filthy abuses again'st her mother, then the deceased would certainly have felt bad and due to that the deceased might have committed suicide and for that how the appellant shall be held responsible and how could the appellant abet Nasim Bano to coruniit suicide. If the deceased committed suicide being depressed by the misbehaviour and ill- treatment of the appellant towards her mother, then how the appellant shall be held responsible. I am of the view that finding of acquittal recorded by the trial Court are based on finding of fact reached on appreciation of evidence and does not warrant interference by this Court. 15. This is a case of acquittal and this Court after appreciation of evidence if comes to the conclusion that the accused is found guilty, even fhen the order of acquittal should not be lightly interfered with even if the Court believes that there is some evidence pointing out the finger towards the accused. Thus, the judgment of the learned trial Court is according to law. 16. In Nepal Singh vs. State of Haryana, decided in Criminal Appeal No. 383 of 2002 on 24.04.2009, the Apex Court while dealing with the acquittal of an accused has fyrther held that it cannot, however, be forgotten that in case of acquittal, there is a double presumption in favour of the accused. Pirstly, the presumption of innocence is available to hiin under the fundamental principle of criminal jurisprudence that every person should be presumed to be innocent unless he is proved to be guilty by a competent court of law. Secondly, the accused having secured an acquittal, the presumption of his innocence is certainly not weakened but reinforced, reaffirmed and strengthened by the trial Court. f 17. The Apex Court while dealing with scope of interference with an order of acquittal held in the matter of Anil Kumar v. State of U.P. (2004) 13 SCC 257which reads as under: "There is no embargo pn the AppeUate Court reviewing the 1 evidence upon which an order | of -acquittal is based. Generally, the order of acquittal sUall not be interfered with .: because the preszimpdon of innoeence of the accused is ,^-yK^ 3s ~"^. '"•^"i ''<'• B "^s^^a^ ^^ .!? S k-:—-?''./f Ai.sr-t^w further strengthened by acquittal. The Apex Court said that the golden thread which runs through the web of administration ofjustice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and other to his innocence, the view which is favourable to the accused should be adopted. The Apex Court further said that the paramount consideration of the Court is to ensure that miscarriage ofjustice is prevented. A miscarriage ofjustice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. In a case where admissible evidence is ignored, a duty is cast upon the Appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really coinmitted any offence or not." a® 18. For the foregoing reasons, I do not find any reason to interfere with such a finding recorded by the trial Court in a judgment of acquittal. 19. In the result, the appeal has no merit. The same deserves to be dismissed and is accordingly dismissed. The judgment of acquittal passed by the trial Court is confirmed. ~ Sd/- R.L. Jhanwar Judge ^