( 1 ) cria4018.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4018 OF 2010 The State of Maharashtra .. Applicant Versus Pradeep Laxman Chapate & Ors. .. Respondents Mr. D.V. Tele, A.P.P. for the applicant/State. Mr. G.D. Kale, Advocate for respondent Nos. 1 to 3. CORAM : NARESH H. PATIL & T.V. NALAWADE, JJ. DATED : 15.04.2011 ORAL ORDER [PER : T.V. NALAWADE, J.] :- 1. This application is filed by the State for grant of leave to file Criminal Appeal against the judgment and order in Sessions Case No. 108 of 2009, which was delivered by the Court of Adhoc Additional Sessions Judge-3, Latur. The Additional Sessions Judge has acquitted the present respondents of offences punishable under Sections 307, 498-A, 323 and 504 read with Section 34 of the Indian Penal Code. ( 2 ) cria4018.10 The notice of the proceedings was given to the the respondents. The record and proceedings were called and this Court perused the record. Both the sides are heard. 2. The Trial Court has not believed the complainant Bhagyashri (P.W.1) as there is no corroboration to her version in the medical evidence and other circumstantial evidence. There is also evidence of other witnesses creating possibility that Bhagyashri (P.W.1) had probably consumed something, due to which she was not feeling well and she was shifted to the hospital. The contents of the stomach were not collected by the Doctor and there is only evidence of the Doctor that there was smell of poisonous substance. 3. Bhagyashri (P.W.1) has given evidence that there was ill-treatment to her as she could not conceive for few years after the marriage and as demand of Rs. 1.5 lakhs made by the accused to her parents was not fulfilled. She has made allegation that on the previous night of the incident the accused gave her severe beating and in the incident which took place at about 4.00 a.m., she was administered poison ( 3 ) cria4018.10 forcibly by the accused. The cross-examination of this lady shows that she has admitted that immediately after that incident and prior to shifting her to hospital, she had disclosed to P.W.3-Maruti and his wife that she had consumed poisonous substance. P.W.3-Maruti, who is a relative of the accused, has given evidence that when he reached the house of the accused, P.W.1-Bhagyashri admitted that she had consumed poisonous substance. The evidence of this witness, who is not declared hostile, shows that the accused person spent on the treatment, which was given to P.W.1-Bhagyashri. The cross-examination of this witness shows that there is possibility of making false allegations against accused No.3 by P.W.1-Bhagyashri as at the relevant time he was attending Jaishri, his wife at other place like Kingaon. P.W.4-Laxmi has also not supported the story given by P.W-1Bhagyashri. Though, there is evidence of P.W.5-Nagorao – father of P.W.1- Bhagyashri to the effect that the accused were demanding money, there is admission in the cross-examination given by this witness that the accused never demanded money from him directly. The information given by P.W.1-Bhagyashri to her father cannot be used in this case as she is alive and so it ( 4 ) cria4018.10 was necessary for the prosecution to give some convincing evidence on the so called demand made by the accused. It is already observed that there is no corroboration of medical evidence to the version given by P.W.1-Bhagyashri in evidence of the Doctor at Exh. 38 and certificate given at Exh.39 to that effect. No injury whatsoever was found on the person of Bhagyashri. 4. P.W.1-Bhagyashri has admitted that she could not conceive for about four years and she was receiving treatment in respect of infertility. The name of the Doctor is also given by her. There may be many reasons for a lady to attempt to commit suicide, if at all, she had consumed some poison. Such possibility cannot be ruled out in the present case. The view taken by the Trial Court is possible view. Nothing can be achieved by giving permission to the State to file appeal. So, the application stands rejected. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] snk/2011/MAR11/cria4018.10