1 APPLN 2651 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2651 OF 2010 IN CRIMINAL APPEAL NO. OF 2010. The State of Maharashtra .. Applicant -versus Jayada @ Kavita Ajay Sasane and ors .. Respondents. Mr. Y. M. Nakhawa, for the Applicant State. CORAM: R.C. CHAVAN, J. DATED: 25rd February, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal of the respondent, rendered by the learned Additional Sessions Judge, Mumbai, in Sessions Case No.582 of 2008. The Respondents are alleged to have instigated victim Gotya to commit suicide. Gotya was having some illicit relations with respondent No.1 Jayada @ Kavita. Respondent Nos 2 and 3 are the relations of said Jayada @ Kavita. It is alleged that they used to beat up the victim. Victim was allegedly beaten on the night before incident dated 15.07.2005. The victim is alleged to have poured kerosene on his person and set himself on fire. The victim then subsequently died on 24.7.2005 while taking treatment in the hospital. The learned trial judge upon proper appreciation of evidence has come to the conclusion that there was nothing 2 APPLN 2651 OF 2010 to show that the respondents had committed offence under section 306 of the Indian Penal Code. The evidence of Dr. Parkar, who treated the victim is significant. She states that history given by the patient was that he had himself poured kerosene on his person and set him on fire. Twice in the past he attempted to commit suicide. Dr. Parkar, has also observed that the patient was psychotic. In view of this, in the absence of any evidence to show that the respondent had by their acts instigated the victim to commit suicide, the conclusions drawn by the learned Judge cannot be said to be untenable or perverse. Leave refused. Application is disposed of. (R. C. CHAVAN, J.)