/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1198 OF 2008 IN CRIMINAL APPEAL NO.1098 OF 2008 Sunil Shankar Debre ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri Ramesh Dube Patil for Applicant S. S. Pednekar APP for State ---- CORAM: V.M. KANADE J. DATED 24TH OCTOBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for State. The Applicant is convicted for the offence punishable under sections. 498-A, 304B of the Indian Penal Code and sentenced to suffer R.I. for seven years. 2. The prosecution case is that the deceased Sheela got married to Accused No.1 and she was residing in the matrimonial house where she died. It is alleged that the Applicant and his family members demanded dowry of Rs.1 lakh and since dowry was not paid by the father of the deceased, it is alleged that she was murdered by administering poison and the father of the deceased was informed that she had died of snake bite. The body of the deceased was found in the field. Thereafter, an FIR was lodged. The Investigating Officer prepared the spot panchnama and also inquest / 2 / panchnama. Chargesheet was filed against the Applicant and other family members and the Trial Court was pleased to convict the Applicant for the offence punishable under section 498 A and 304 B r/w. Section 34 of the Indian Penal Code. 3. The learned Counsel for the Applicant has invited my attention to the finding recorded by the Trial Court in which it was observed by the Trial Court that the medical evidence did not disclose that the deceased had died due to consumption of poison. The learned Counsel for the Applicant submits that three different versions were given by the prosecution. Initially in the first report, which was given to the police it was stated that the deceased had died due to snake bite. Thereafter, it was stated that she had consumed poison and committed suicide and, thereafter, it was alleged that poison was administered to deceased by the Applicant and his family members. He submitted that when post-mortem was performed, the doctor did not given the cause of death and deferred to give his opinion till C.A. report was obtained. He submitted that in the C.A. Report, it was clearly indicated that general and specific chemical testing doe not reveal any poison in the contents of the viscera. He invited my attention to the statement of PW-4 Dr. Waghere, who had stated that in case of a viper bite, there could be nausea and vomitting. He admitted that he did not collect the sample of foam coming through / 3 / mouth and nostrills of the deceased. He submitted that under all these circumstances, Applicant is having good chance of succeeding in the appeal and, therefore, he is entitled to be released on bail. 4. The Learned APP for State submitted that after the C.A. Report of the viscera was sent by the Chemical Analyser, the doctor gave his opinion that the cause of death of the deceased was due to consumption of poison. He submitted that one bottle was containing poison was recovered at the instance of the Applicant. The death has taken place within 5 months after the marriage. There was ample evidence to prove that the deceased had been subjected to mental and physical harassment by the Applicant and his family members. In this case, taking into consideration the submissions made by the Counsel for the Applicant and particularly in view of the C.A. Report, which specifically states that the contents of the viscera does not reveal any poison and secondly, in view of the statement of the Doctor in his cross has stated that the symptoms which was noticed by the doctor examined after he had the dead body could occur after a snake bite and more particularly in the case of viper bite. In view of these peculiar facts and circumstances of the case, at this stage, the Applicant is entitled to be released on bail. 5. The Applicant is accordingly released on bail in a sum of Rs.5,000/- / 4 / with one or two sureties in the like amount. He shall report to Jaikheda Police Station once in a month. Certified copy is expedited. V.M. KANADE J.