STATE OF GUJARATversusYUSUFBHAI HASANBHAI QURESHI

     R/CR.A/598/2001                                  JUDGMENT DATED: 21/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL APPEAL NO. 598 of 2001


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE ILESH J. VORA

and
HONOURABLE MR. JUSTICE R. T. VACHHANI
==========================================================

            Approved for Reporting                   Yes          No

==========================================================
                               STATE OF GUJARAT
                                     Versus
                       YUSUFBHAI HASANBHAI QURESHI & ORS.
==========================================================
Appearance:
MR KRUTIK PARIKH, APP for the Appellant(s) No. 1
MR MC BAROT(144) for the Opponent(s)/Respondent(s) No. 1,2,3,4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                                 Date : 21/01/2026

                     ORAL JUDGMENT
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.       Here is the Appeal by the State against the judgment and order
of acquittal.

2.      Being dissatisfied by the judgment and order passed by the
learned Sessions Judge, Mehsana passed in Sessions Case No.194 of
2000, dated 16.04.2001, acquitting the respondents from the offence
under Sections 498A, 302, 304B read with Section 34 of the Indian
Penal Code and Sections 3 and 7 of the Dowry Prohibition Act, the



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State has preferred instant appeal under Section 378 of the Cr.P.C.

3.      This Court has heard Mr.Krutik Parikh, learned Additional
Public Prosecutor and Mr.M.C. Barot, learned advocate for the
respective parties.

4.      Brief facts giving rise to file the present Appeal are that, the
respondents accused were tried and prosecuted for the offence
punishable under Sections 302, 498A, 304B, read with Section 34 of
the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition
Act. As per the prosecution case, the marriage of the deceased Nurjaha
was solemnized with the A1 Yusuf Hasanbhai before four years prior
to the incident and the husband and wife were blessed with baby girl
Isratbanu. The initial six months’ marriage period, there was no issue,
but thereafter, the deceased Nurjaha was subjected to harassment
physically and mentally and she was asked to bring cash amount of
Rs.25,000/- and one buffalo from the parental home. The harassment
meted out to her allegedly by the husband, brother in law, mother in
law and sister in law. Due to the matrimonial dispute, the deceased
had left the matrimonial home and on account of settlement, she
returned to the matrimonial home and again, she had left after some
time. There was a marriage in the family, as a result, on 20.04.2000,
the father in law came to the marital home of the deceased and taken
her back at the matrimonial home. Before day one of the marriage, i.e.
29.04.2000, in the early morning, the FIR came out from the house and
due to the said fire, the deceased and her daughter sustained burn
injuries and died on the spot. PW:2 Akbarbhai being brother of the
deceased received the message of the incident and he along with other

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     R/CR.A/598/2001                            JUDGMENT DATED: 21/01/2026




family members came at the matrimonial of the deceased situated at
Village Mandali, Dist.: Mehsana. The jurisdictional police was
informed and initially, the case was registered as accidental death. The
brother PW:2, submitted a written complaint to Dy.S.P. of the area,
inter alia alleging that, the deceased was set on fire by pouring
kerosene and she was subjected to harassment physically and mentally
by the accused because of insufficient dowry.           The respondents
accused were arrested and after due investigation of the case, the
chargesheet came to be filed. After committal of the case to the court
of Sessions, the charges came to be framed against the accused, which
they pleaded not guilty and claimed trial.

5.      In the course of trial, the prosecution examined as many as 10
witnesses and exhibited 22 documents to prove the charge against the
accused. The accused in their defence examined two witnesses viz.
DW:1 Usmankhan Pathan and DW:2 Mahebubkhan Pathan.

6.      On conclusion of oral evidence, the trial Court recorded further
statement of the accused as provided under Section 313 of the Code,
wherein, the accused claimed that they have been falsely implicated in
the offence and as such, the deceased herself committed a suicide with
the minor daughter.

7.       The learned Sessions Judge after appreciating and examining
the oral as well as documentary evidence acquitted the accused herein
for the offences with which they were charged, on the ground that, the
allegation of demand of dowry is not proved and so far as cruelty is
concerned, the oral evidence of the family members of the deceased is


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not sufficient to prove the guilt of the accused. So far as dowry death is
concerned, the trial Court observed that, the essential ingredients of
Section 304B are not proved and established. The learned Trial Court
on the charge of murder held that the deceased along with her daughter
committed a suicide by pouring kerosene and as such, the necessary
ingredients of homicidal death of the deceased and her daughter is
being not proved and established by the prosecution.

8.      In view of the aforesaid facts and circumstances, this acquittal
appeal has been preferred by the State.

9.      In the facts of the present case, the case of the prosecution rests
on the circumstantial evidence. The witnesses examined are close
relatives and family members of the deceased. The witnesses PW:2
brother, PW:4 cousin brother, PW:6 mother have alleged against the
accused that after six months of the marriage, the deceased Nurjaha
was harassed on the issue of insufficient dowry as the accused
demanded from the deceased a cash amount of Rs.20,000/- and one
buffalo to be brought from the parental home. The witnesses have
further stated that due to matrimonial dispute, she had come to the
parental home and after some time, due to the marriage in the family,
she was taken at the matrimonial home, Village Mandali. The
witnesses have further stated that their daughter and her minor
daughter had been killed by the accused because the demand of dowry
was not being satisfied and she was killed within seven years of the
marriage.




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10.      Mr.Krutik Parikh, learned Additional Public Prosecutor for the
appellant – State assailing the judgment and order of acquittal, has
submitted that the findings of acquittal are contrary to law and
evidence on record and the findings recorded are palpably erroneous
and based on the irrelevant material. The trial court failed to appreciate
the facts that the death was occurred otherwise than under normal
circumstances within 7 years of marriage and soon after the death, the
deceased was subjected to cruelty and harassment in connection with
demand of dowry. It is boundant duty of the trial Court once the
foundation facts of the offence is proved and established, the court
shall have to presume that the alleged suicide was being abetted by the
respondents accused. Thus, it seems that, the trial court in a mechanical
manner, has failed to appreciate the evidence of the prosecution in its
true prospective and therefore, the findings of the acquittal are seems
to be contrary to the evidence on record and palpably wrong.

11. In such circumstances, as referred above, it has been submitted that
while acquitting the respondents accused, the trial Court has discarded
and ignored the truthful, reliable and acceptable evidence and as such,
no cogent reasons being assigned while discarding such evidence.
Therefore, it is submitted that the conclusion of acquittal recorded by
the Trial Court is contrary to the evidence on record and upon
erroneous understanding of law. Thus, it is prayed that the prosecution
has succeeded in proving the charge against the respondents accused
and the judgment and order of acquittal be set aside and accused may
be convicted and sentenced for the offence as referred above.




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12.       Mr.M.C. Barot, learned advocate appearing for the respondents
accused has submitted that the High Court in a case of Appeal against
the acquittal, can interfere only when there are compelling substantial
reasons for doing so and more particularly, the findings are without
reasons and unreasonable and contrary to the evidence. In the facts of
the present case, the trial Court has rightly held that the demand of
dowry was not in connection with the marriage as there was no
agreement to give dowry either at the time of marriage or after the
marriage. It is further argued that the foundation facts of the
prosecution case with respect to dowry death within a period of seven
years is not established and therefore, the question does not arise to
raise the presumption of guilt as provided under Section 113B of the
Evidence Act.

13.      In such circumstances, referred to above, learned counsel
appearing for the respondents accused, has submitted that the Trial
Court while acquitting the accused has assigned cogent and sufficient
reasons and therefore, the judgment of acquittal passed is well
reasoned, legally sustainable and does not suffer any infirmity
warranting interference by this Court.

14.       Before proceeding to address the rival submissions, we would
like to place on record the scope of interference in an appeal against
the acquittal and when the same is justified. In exceptional cases,
where there are compelling circumstances and the judgment under
appeal is found to be perverse, the appellate court can interfere with the
judgment of acquittal. The Appellate Court should bare in mind the
presence of innocence of the accused and further that, the trial Court’s

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acquittal bolsters the presumption of his innocence. Interference in a
routine manner, where the other view of possible should be avoided,
unless there are reasons for interference.

15.      In the present case the issue falls for our consideration as to
whether the trial Court was justified in acquitting the accused?

16.      We have carefully examined the oral as well as documentary
evidence and perused the findings of acquittal rendered by the Trial
Court. In the facts of the present case, it is not in dispute that deceased
Nurjaha and her daughter Ishrat died due to burn injuries. The question
for consideration is whether the evidence adduced by the prosecution is
sufficient to prove the charge for the offences punishable under Section
302, 304B, 498A, read with Section 34 of the Indian Penal Code and
Sections 3 and 7 of the Dowry Prohibition Act ?

17.      In the facts of the present case, the factum of marriage and
relations of the parties are not in dispute. The witnesses in their
respective testimonies have alleged against the accused about causing
mental and physical harassment to the deceased. On this aspect, we are
of the opinion that to attract of Section 498A of the Indian Penal Code,
it must be established that the cruelty and harassment to wife was to
force her to cause grave bodily injuries to herself or to commit suicide
or the harassment was to compel her to fulfill illegal demand of dowry.
If we examine the oral testimony of witnesses, the allegation seems to
be general in nature and does not inspire confidence that the accused
had demanded the cash amount and one buffalo. The brother of the
deceased alleged that the deceased was not liked by her husband and


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there was a matrimonial dispute between them. In such circumstances,
the story of demand of cash amount and other things, in absence of
cogent and acceptable evidence, is not proved and established and
therefore, so far charge under Section 498A is concerned, the
prosecution miserably failed to prove the said charge by adducing
cogent and acceptable evidence against the accused.

18.      So far as charge of Section 304B of the Indian Penal Code is
concerned, the prosecution has to prove that there was unnatural death
of woman; that woman had been married within 7 years preceding her
unnatural death; soon before her death, she was subjected to cruelty
and harassment by her husband or other relatives and said harassment
was for or in connection with demand of dowry. In Para-17 of this
judgment, we have discussed that the demand of dowry is not proved
and established and we further add that, there was no agreement
between the parties to give a dowry at the time of marriage or
thereafter. Unless and until, the foundation facts proving the charge of
dowry death against the accused is not proved by the prosecution, the
question does not arise to presume that the accused had caused the
dowry death and therefore, in our opinion, there is no evidence to
prove that the case is a dowry death as defined under Section 304B of
Indian Penal Code. So far as charge of murder is concerned, it is
evident that deceased and her daughter, was sleeping in the room and
at the relevant time, due to the marriage, the family members did not
go to sleep till midnight. The incident of burning being occurred in the
early morning. The neighbours i.e. DW:1 and DW:2 had seen the
flames of fire in the house and the room was closed inside. The FSL


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             report does not indicate that the accused in any manner involved in the
             crime as the presence of kerosene was not found on the nails of the
             accused. In such circumstances, the prosecution failed to prove that
             death was homicidal in nature.

             19.       For the reasons aforementioned, we come to a conclusion that
             the view of the Trial Court is possible and plausible view and the Trial
             Court while analyzing the evidence has assigned cogent and sound
             reasons while acquitting the accused and                                          therefore, findings of
             acquittal are reasonable and based on the evidence on record and we do
             not find any perversity in the findings of acquittal so as to interfere.
             Thus, in our considered opinion, the Trial Court was justified in
             acquitting the accused and we are in complete agreement with the
             findings, ultimate conclusion and resultant order of acquittal recorded
             by the Court below and hence finds no reason to interfere with the
             same.

             20.       With the observations as aforesaid, the appeal is accordingly
             dismissed. The Registry is directed to send back the R & P to the Trial
             Court. Bail bonds are cancelled, if any, and surety is discharged.




                                                                                                        (ILESH J. VORA,J)




                                                                                                     (R. T. VACHHANI, J)
             Rakesh


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 22/01/2026 15:38:56




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