cran1649.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1649 OF 2010 The State of Maharashtra ...Applicant Versus Dadarao Dagadu Bhakre and others ...Respondents ..... Mr. V.G. Shelke, A.P.P. for the applicant-State Mr. Vijay Deshmukh, advocate h/f Mr. A.N. Nagargoje, advocate for respondents ..... CORAM: S. S. SHINDE, J. DATED: 25th JANUARY, 2011 PER COURT:- 1 Heard. Learned A.P.P. has invited my attention to the material brought on record by the prosecution to prove that there was ill- treatment at the hands of the respondents to deceased Ashwini. He submitted that the respondents are responsible for commission of suicide by Ashwini. He further submitted that cruelty meted out by the respondents to Ashwini had driven her out of house to commit suicide. Therefore, he would submit that the case requires consideration. 2 On the other hand, learned counsel for the respondents submitted that taking into consideration the various factors and evidence brought on record, the trial court has taken possible and cran1649.10 -2- correct view that the family life of deceased Ashwini with respondent No.1 was peaceful. Learned counsel also submitted that to prove case under section 498-A and 306 of I.P.C. there should be clinching evidence to demonstrate that soon before the death, there is ill treatment or cruelty to such extent, which will compel the concerned to commit suicide. However, the prosecution has miserably failed to establish its case. He therefore submits that the order of acquittal recorded by the trial court needs no interference. 3 Upon hearing learned A.P.P. for the applicant-State and the learned counsel for the respondents and upon perusal of the impugned judgment and other papers made available, I am of the opinion that the evidence collected by the prosecution falls short to sustain the allegations against the respondents. It is the case of the prosecution that there was illegal demand of Rs.25,000/- to purchase a motor cycle and the respondent Nos. 3 and 4 used to beat deceased Ashwini. In my opinion, the demand of Rs.25,000/- to purchase motor cycle can be attributed only to respondent No.1. The said motor cycle is of no use to the other accused, therefore, it cannot be safely inferred that they have demanded amount for purchase of motor cycle. Taking into consideration entire evidence brought on record and the possible defence of the respondents that Ashwini went to wash the clothes near pond and she fell down in the pond, the trial court acquitted the cran1649.10 -3- respondents. It is an admitted position that there is one child as also at the relevant time deceased Ashwini was carrying pregnancy. Therefore, taking into consideration entire evidence brought on record by the prosecution, the trial court has recorded that the evidence is short to convict the respondents. 4 It is settled position of law that to sustain the conviction under section 498-A and 306 of I.P.C. there should be cruel treatment to the victim soon before commission of such offence, which would compel the victim to commit suicide. Except the allegations of demand of Rs.25,000/- and allegations against the respondent Nos. 3 and 4 that they used to beat deceased Ashwini, the prosecution failed to bring on record any material particulars. Therefore, in my opinion, the trial court has taken correct and possible view on the basis of evidence brought on record by the prosecution. 5 In the circumstances, application is devoid of any merits and the same stands rejected. Leave to file appeal is refused. Appeal need not be registered. ( S. S. SHINDE. J.) rlj/