1 appln 2513 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2513 OF 2010 The State of Maharashtra .. Applicant. -versus Bhaktawarmal Roopchandji Bafna .. Respondent. Mr. S.A. Shaikh, APP for the Applicant State. Mr. Ganesh Gole, for the Respondent. CORAM: R.C. CHAVAN, J. DATED: 21st July, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent ordered by the learned Additional Sessions Judge, Court No.6, Sewree, Mumbai, for the offence punishable under Section 498-A, 306 of the Indian Penal Code. The victim who committed suicide with her new born child, by lying before running train, was married to the respondent about 18 years ago. On 28th April, 2006, at about 2.00 a.m. respondent, allegedly wanted to leave house in order to visit a dancer. Victim tried to persuade the respondent, but she failed. On 1st May, 2006 at about 5.30 a.m., victim's brother, went in search of the respondent and found him at the house of a dancer. They tried to persuade him to go with victim to their native place in Rajasthan, so that respondent could give up the bad habits. However, respondent refused. Victim then 2 appln 2513 of 2010 committed suicide on the morning of 2nd May, 2006. The demands about money surfaced only thereafter and the evidence in this regard has been considered by the learned Judge and rightly discarded. Even if the the reason for victim's committing suicide namely refusal by the respondent to give up his bad habits is accepted, for its face vale, it may not amount to cruelty under Section 498-A of the Indian Penal Code or abetment to commit suicide. The view taken by the learned Judge, cannot be faulted. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)