1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPEAL NO.242 OF 1998. The State of Maharashtra Through Jinsi Police Station, Aurangabad. APPELLANT VERSUS 1. Shaikh Ahmed S/o Shaikh Kattu Age : 25 years, Occ : Labour, R/o At Present Chous Colony, Old Ambad, Tq. Ambad, Dist. Jalna. 2. Shaikh Kattu S/o Sk. Hussain Age : 50 years, Occ : Labour, R/o As above. 3. Salimabee W/o Shaikh Kattu Age : 45 years, Occ : Labour, R/o As above. RESPONDENTS ------------------------------------------------------------------------------------------------------- Mrs. Y. M. Kshirsagar, A.P.P. for the appellant. Mr. Joydeep Chatterjee, Advocate for the Respondent No.1. None present for the Respondent Nos.2 and 3, though served. ------------------------------------------------------------------------------------------------------ (CORAM : V. G. KINGAONKAR, J.) DATE : 27th August, 2009. ----------------------------------------------- ORAL JUDGMENT : This Appeal is directed against the Judgment and Order rendered in Sessions Case No.81/1995 whereby the Respondents have been acquitted 2 for the offences punishable under section 498-A, 306 r/w 34 of the Indian Penal Code. 2. The marriage between the Respondent No.1 Shaikh Ahmed and deceased Rizwana was performed on 15.06.1994. The Respondent No.2 Shaikh Kattu is the father and the Respondent No.3 Salimabee is the mother of the Respondent No.1. After the marriage Rizwana started residing with the Respondents in common house. On 15th June, 1994, Rizwana was found in charred condition inside the residential house. There was fire inside the house in which several household articles were gutted. Rizwana sustained 100% burns and died as a result of the said burn injuries. She was aged about 19/20 years at the relevant time. 3. Briefly stated, the prosecution case is that, Rizwana was being harassed and ill-treated due to failure of her parents to fulfill the unlawful demand of Rs.10,000/- which was put forth by the respondents. She use to narrate her grievance about the ill-treatment of the husband and the mother-in-law during visit to her parent's house. About a fortnight prior to her death, she attended marriage ceremony of her cousin. While she was amongst the group of Women who were engaged in peeling of Lasun (Garlic). Thereafter, during the return journey, on the way to Aurangabad, he had beaten her in the public transport Bus. She committed suicide by 3 self immolation in the relevant noon, as a result of unbearable matrimonial cruelty meted out to her. On the basis of the complaint lodged by her father, the crime No.109/1994 was registered by the Police. The Police carried out certain investigation in the crime and chargesheeted the Respondents for the offences of matrimonial cruelty and abetment of suicide of Rizwana. 4. To the charge (Exhibit-3), the Respondents pleaded not `guilty'. They denied truth in to the accusations. At the trial, the prosecution examined in all 11 witnesses in support of its case. The learned Sessions Judge came to the conclusion that the evidence about the alleged matrimonial cruelty was unacceptable and not worthy of reliance. The learned Sessions Judge also held that the prosecution failed to establish that Rizwana committed suicide in the relevant noon as a result of unbearable cruelty meted out to her by the Respondents. The Respondents/accused Nos.1 to 3 were acquitted of the charges leveled against them. 5. Heard learned A.P.P. Smt.Y. M. Kshirsagar and learned Advocate Shri. Joydeep Chaterjee. 6. So far as the charge of matrimonial cruelty is concerned, it 4 may be gathered that there is single incident which is referred to by the prosecution witnesses in the context of alleged assault on Rizwana by the accused no.1 prior to about fortnight of her death. The version of P.W. 1 Shaikh Laddu (Complainant) reveals that Rizwana had visited his house during the month of Moharam i.e. somewhere after March, 1994. At that time, she did not ventilate any grievance. She informed her parents that she was being well treated by the husband and his relatives. Thus, for initial period of six months, there was no ill-treatment given to her. It appears from his version that after about one month i.e. some where in the month of February, he visited her house and told him that her husband was demanding Rs.10,000/- for purchase of a house. He assured her, he would make necessary arrangement and will do the needful. Again, after one month, she visited the house of her parents and repeated the demand. She narrated to her father that she was being beaten up. His version purport to show that about 15 days before the incident of her death, Rizwana had been to his house to attend the marriage of his younger brother's daughter. His version purports to show that while Rizwana was playing around in the group of women, the Respondent No.1 (husband) pelted Chappal at her. He corroborated the F.I.R. (Exhibit-11). He admits that when the marriage was settled there was no agreement regarding the payment of any amount. His version revealed that there was delay in lodging the complaint. He admits that for the first time, he disclosed about the demand of Rs. 5 10,000/- after death of Rizwana. 7. The prosecution examined P.W.3 Sultanbegum, who is mother of deceased Rizwana. Her version revealed that there was demand of Rs. 10000/-. Her version does not show that due to failure of Rizwana to fulfill such demands, she was being beaten up by the husband or any of his relatives. Needless to say, she did not corroborate the version of P.W. 3 Sultanbegum Laddu in the context of disclosure about the matrimonial cruelty meted out to Rizwana due to her failure to fulfill the demand. She only referred to the solitary incident which allegedly occurred prior to about 15 days of death of Rizwana in the marriage of her cousin sister. In this context, P.W. 2 Mirza Salim Baig also narrated that Rizwana use to tell him about the ill-treatment and harassment meted out to her by the Respondents. He is real brother of P.W. 3 Sultanbegam. As stated earlier, she herself did not refer to any ill-treatment of Rizwana due to non- fulfillment of the demands. It is stated by Mirza Baig that he was not present when the incident of throwing of Chapal at Rizwana had taken place in the marriage ceremony. He admits that when he visited the house which was gutted in fire, the most of the household articles were found burnt. The version of P.W. 4 Vastalabai Naik and P.W. 5 Abedabi Shaikh Yusuf relate to solitary incident which had taken place during the marriage ceremony. What transpired from their versions was that Rizwana 6 was playing around Women and her husband was annoyed due to her childish acts. He had thrown the Chappal at her. Such a solitary incident appears to have been blown out of proportions. 8. The evidence on record does not furnish specific substratum to infer that Rizwana was being continuously ill-treated and harassed by the Respondents. There may be demand of Rs.10,000/- from the father of the deceased-Rizwana. However, there is no sufficient proof regarding inter connection between alleged demand and the matrimonial cruelty. Nor it is proved that due to the harassment and matrimonial cruelty meted out to her, Rizwana committed the suicide. The prosecution has failed to prove that Rizwana committed suicide inside the house. The possibility of accidental burns received by her can not be ruled out. In this context, the prosecution examined P.W. 8 Shaikh Ibrahim who is neighbour of the respondent (accused). He states that Rizwana used to tell him about the ill treatment. His vague and omnibus statement is without reference to any prior incident. His version reveals that, in the relevant noon, he heard shouts and went to the spot of the incident. He states that the Respondent No.3 was present in the house and had opened the door. He noticed that Rizwana was completely burnt. It is pertinent to note that the Respondent Nos.1 and 2 were not found present in the house at the relevant time. It is admitted by P.W. 8 Shaikh Ibrahim that there was lot of smoke inside the 7 house and initially he and other neighbours were unable to notice what was burning inside. Neighbours poured water in order to extinguish the fire. He admits that the Respondent No.3 had opened the door of the house from back yard. His version is not at all sufficient to make out a definite case regarding the alleged matrimonial cruelty. The postmortem notes go to show that the body of Rizwana was found completely charred due to the 100% burns. 9. Considering the totality of circumstances and evidence on record, the learned Sessions Judge has rightly held that, the prosecution failed to prove that the deceased-Rizwana was subjected to matrimonial cruelty by the Respondents in furtherance of their common intention. So also, it is not proved that she committed suicide as a result of such matrimonial cruelty. The impugned judgment of acquittal is, therefore, sustainable and proper. It is well settled that when there are two views possible from the same set of circumstances and facts, ordinarily, the interference by the Appellate Court in the order of acquittal is uncalled for. Hence the Appeal is dismissed and the impugned judgment is confirmed. (V. R. KINGAONKAR) JUDGE GAS/criapp242.98