S.D. SONI versus STATE OF GUJARAT

Citation: [1990] SUPP. 3 S.C.R. 668 · Decided: 21-12-1990 · Supreme Court of India · Bench: S. RATNAVEL PANDIAN · Disposal: Dismissed

Judgment (excerpt)

A 
S.D. SONI 
v. 
STATE OF GUJARAT 
DECEMBER 21, 1990 
B 
[S. RATNAVEL PANDIAN AND K. JAYACHANDRA 
REDDY, JJ.] 
• 
Indian Penal Code 1860: Sections 300, 302 and 304 Part ll-
Deceased-Whether committed suicide by taking poison or was 
murdered by her husband-No direct evidence to prove either of the 
C · versions-Guilt of appellant/husband to be drawn from circumstantial 
evidence-Held on facts-Defence theory of suicide-Complete hoax-
Falsely invented to escape guilt, legal punishment and drift course of 
investigations-blow given to deceased on vital part of body containing 
vital organ-Held act done only with knowledge that it is likely to cause 
death. 
D 
E 
Indian Evidence Act, 1872: Sections 3, 1 I and 45 Alibi-Plea 
of-Appreciation of evidence-Opinion of medical witness-Doctor's 
evidence-Consideration of case based on circumstantial evidence-
Nature of proof of commission of offence-Necessary requirements-
What are. 
The appellant in Criminal Appeal No. 459 of 1987 was married to 
one Varsha on 4th December 1982. After the marriage, she came to 
Ahmedabad and stayed with her husband who was in joint family. 
After having stayed for about a month with her husband, she returned 
to her parents' place at Bombay. The husband took her back to the 
F 
matrimonial home after about a month. 
The prosecution alleged that even during her stay with her 
husband for about a month, the matrimonial life was not happy as the 
lady members of the house used to taunt her. She was not even allowed 
to see and freely talk to her father and brother in private when they 
G used to visit her. On 7. 7 .1983 she wrote a letter Exh. 18 to her parents 
informing them that she was being ill-treated by her husband and in-
laws and other relatives complaining that her father did not give her 
anything at the time of marriage, and that only Almighty could save her 
from threatened danger. 
H 
After the receipt of this letter, the father contacted the appellant's 
668 
S.D. SONI v. STATE OF GUJARAT 
669 
~~ 
father-PW15, to come to meet him personally. Thereafter, there was a 
A 
chain of correspondence between the parents of both the wife and the 
husband. While this was going on, the wife was found lying dead in her 
bed in her matrimonial home on the morning of August 1, 1983. 
It was the case of the appellant-husband that a chit Exh. 80 was 
B 
seen underneath a pillow, said to have been written by the deceased 
herself that she was committing suicide on her own volition by consum-
ing sleeping pills as she was in love with a boy at Bombay and her 
demand for divorce was not acceded to by her husband. The medical 
officer PW3 examined her and declared her to be dead. Thereafter, the 
police was informed that she had committed suicide. 
c 
The Sub-Inspector of Police (PW 17) held the inquest over the 
dead body and sent a report Exh. 10 stating that it was a suicidal death. 
After the inquest, the dead body was sent to the Civil Hospital for 
post-mortem, The parents of the deceased on being informed that their 
daughter was in a serious condition rushed to Ahmedabad from 
D 
Bombay. The dead body was brought to the appellant's house in the 
morning of August 2, 1983 and thereafter the cremation took place. 
The father of the deceased (PW 5) having suspected some foul 
play and that the death was not of a natural one, sent letters to the 
Commissioner of Police the Home Minister, IGP and Chief Justice of 
Gujarat and wanted the matter to be investigated. The matter was 
E 
examined and further investigation was taken up on January 7, 1984 by 
the Investigating Officer (PW 21) who after recording the statement of 
witnesses and receiving the opinion of the Handwriting Expert laid the 
charge sheet and arrested the appellant in ~ugust 16, 1984. The defence 
of the appellant was one of denial. 
F 
The Trial Court found the appellant guilty of having committed 
the murder of his wife and convicted him under Section 302 IPC and 
sentenced him to imprisonment for life. He was also charged for two 
other offences viz. under Section 196 IPC that he attempted to use the 
chit Exh. 80 as a true or genome evidence knowing that it was false and 
G 
fabricated one, and another under Section 498A that he subjected his 
wife, the deceased to cruelty thereby driving her to commit suicide. 
On appeal, the High Court held the appellant guilty of the offence 
t-
punishable under Section 304 Part II IPC, and not under Section 302 
IPC and sentenced him to r

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