1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2265 OF 2009 IN CRIMINAL APPEAL NO. ..... OF 2009 The State of Maharashtra ..... Applicant (Ori.complainant) vs. Babaso Sidhappa Aiwale & Ors. ..... Respondents (Ori.accused nos.1 to 3) Mr.Y.S. Shinde, APP for applicant. None for respondents. Coram : Smt. R.P.SondurBaldota, J. Date : 30th July 2009. PC : 1. The State has filed this application seeking leave to file appeal to challenge the judgment of acquittal in Sessions Case No.1 of 2008. Notice of the application has been served upon respondents. 2. One Anita wife of respondent no.1 committed suicide by setting herself on fire. She died in the hospital 5 days after the incident. Respondent no.1 and his parents- respondents no.2 and 3 were tried for the offences punishable under Sections 498-A, 306, 304 and 504 read with Section 34 Indian Penal Code. After appreciating the depositions of witnesses and the other evidence before the Court, the Sessions Court found that the prosecution had failed to prove that Anita was subjected to cruelty by respondents no. 1 to 3 2 or that they had abetted Anita to commit suicide. The Sessions Court also found that the prosecution had failed to establish that on the date of the incident i.e. 7th July 2007, respondents no. 1 to 3 had caused hurt to Anita or abused her. 3. The material evidence before the Sessions Court was of the deposition of parents of Anita, Medical Officer, other formal witnesses and two dying declarations of Anita. The first dying declaration was recorded by Police Head Constable Sambhaji (PW-4), in which Anita alleged in general terms that while she was doing household work, respondents no.2 and 3 used to often abuse her on minor counts and at times even rush at her. As regards respondent no.1, she stated that he used to beat her at the instance of his parents. She claims to have narrated her sufferings to the parents and other relatives. The second dying declaration of Anita was recorded by S.E.M. Prakash (PW-3) on the very day. In the second statement, Anita stated that on the date and time of the incident, respondents no.2 and 3 and children of Anita were present at home. Respondent no.3 was complaining that Anita was sitting idle without doing any work. At this Anita got fed up poured kerosene on her person and set herself on fire while rest were in the outer room. On hearing her cries, respondents no.2 and 3 tried to extinguish the fire by pouring water on her, thereafter she was taken to Government hospital at Dattawad. 3 On receiving telephonic message, her parents arrived at the hospital and carried her to the hospital at Kolhapur. It was the evidence of PW-1 and PW-3 the parents that on the date of the incident, they had gone to the residence of Anita to speak to her parents-in-law and while they were sitting in the outer room, at about 11.30 am., they heard screams of Anita and found that she had set herself on fire. They along with respondents no.2 and 3 extinguished the fire. The learned trial Judge found that the evidence of parents of Anita was inconsistent with the dyeing declaration of Anita as regards their presence in the house at the time of incident. 4. The learned Sessions Judge also found that the evidence of PW-1, father of Anita was full of improvement. He had admitted in his cross-examination that Anita alone used to stay at home, whereas all the accused used to go for work in the field. He admitted that he had not stated before the Police that Anita was ill-treated by respondents no.2 and 3 or that he was required to speak to them about it at any time. He had also not stated to the Police that on the morning of the incident he received telephonic calls from Anita and that he and his wife had visited the residence of Anita. As regards the evidence of mother of Anita, the Sessions Court found the same to be of general in nature without any specific incidence of cruelty or harassment. On this evidence, the trial Court acquitted respondents no.1 to 3. 4 5. I have carefully gone through the judgment of the Sessions Court and found that there is no error or illegality in the same. The first dying declaration of Anita and deposition of her mother PW-2 contain allegations of general nature without any particulars. As regards the second dying declaration of Anita, the same is inconsistent with the evidence of her father PW-1. There is also substantial improvements in the evidence of PW-1 from his statement made before the Police. In these circumstances, the decision of the acquittal by the Sessions Judge is an appropriate decision warranted by the evidence on record. Hence, the application for leave to file appeal is rejected. Criminal Appeal is also rejected. (Smt.R.P.SondurBaldota,J.)