1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 89 OF 2010 IN APPEAL NO. 13 OF 2010 Rupesh Bhujangrao Nalawade ........Applicant versus The State of Maharashtra ........Respondent. Mr. A.P.Mundargi i/b Kedar J. patil adv. for the applicant. Mrs. R.V. Newton APP for the Respondent - State. CORAM: B. R. GAVAI, J. DATED : 18th February, 2010. P.C.: 1. Heard. This is an application for suspension of sentence and grant of bail. 2. The applicant was tried along with other members of the family for the offence punishable under section 498-A, 306, 304-B read with 34 of IPC. All the other accused have been acquitted except the present applicant. 3. The present applicant has been acquitted for offence punishable under section 498-A and 306 of IPC, however he has been convicted for the offence punishable under sec. 304-B of IPC. 4. Heard Mr. Mundargi the learned Senior counsel for the applicant and the learned APP for State. 5. For establishing the offence under section 304-B, the 2 prosecution is required to establish that the death of the wife has occurred within a period of seven years from the marriage and further that there was illtreatment to her immediately prior to her death and that the said illtreatment was on account of non- fulfillment of demand of dowry. 6. Perusal of the impugned order would reveal that the learned trial court himself has disbelieved the evidence of the prosecution witnesses regarding illtreatment prior to her death. It further appears that the conviction under section 304-B has been recorded on the basis of suspicion by the learned Judge that since the applicant required the funds for purchase of a house at Bombay, the possibility of applicant demanding the amount from deceased cannot be ruled out. 7. In a criminal prosecution, the prosecution has to prove the case beyond reasonable doubt, and conviction cannot be based on the basis of conjunctures and surmises. 8. The applicant was on bail during trial. I find that for the aforesaid reasons, the applicant has a good case on merit. The application is therefore allowed. 8. The order of sentence shall stands suspended. The applicant is directed to be released on the same terms and conditions as are imposed by the Sessions Court however on fresh bond. (B.R. Gavai, J.)