( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4487 OF 2007 WITH CRIMINAL APPLICATION NO. 4488 OF 2007 The State of Maharashtra APPLICANT VERSUS Abasaheb Jabaji Phatke & others RESPONDENTS ..... Mr. K.S. Patil, APP for the applicant/State. None for the respondents/accused. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th August, 2009] PER COURT : 1. Heard. 2. Though called, Mr. Bedre V.S., advocate appearing for the respondents No.1 to 4/accused is absent. 3. There is delay in filing of the appeal. The delay seems to be unintentional. For the reasons stated in the application, the delay is condoned. The application is allowed. ( 2 ) 4. Mr. K.S. Patil, learned APP, would submit that the appeal deserves consideration in as much as the death of deceased Sambhaji Sopan Kure was of suicidal nature though due to vomiting, the poisonous substance could not have been detected in the viscera. He would submit that acquittal of the respondents for offence punishable under section 306 read with section 34 of the I.P. Code is quite improper. 5. Allegedly, on 22nd October, 2005, deceased Sambhaji consumed an insecticide called ‘rogor’ and committed suicide as a result of severe beating at hands of the respondents. It was alleged that in the relevant morning, the respondents barged in the house of deceased Sambhaji and assaulted him by means of fists and kicks blows. He was depressed and mentally shocked due to the assault. After about one hour, he consumed insecticide. He died after a couple of days while under medical treatment. 6. Not only that poisonous substance was found ( 3 ) absent when the viscera was examined, but that, except and save the fact that there was some quarrel between deceased Sambhaji on one side and the respondents on the other side which caused fear in his mind cannot be regarded as the intentional aid, instigation or enticement to commit the suicide. What was alleged by the prosecution is that there was a dispute on account of election and that the earlier quarrel was settled. It was alleged that in the relevant evening, the respondents barged in the house of the deceased and assaulted him by means of kicks and fists blows. Assuming that there took place such incident of beating, then also it cannot be said that there was criminal intention to instigate the deceased to commit suicide. No visible injury was found on person of deceased Sambhaji during the post-mortem examination. Nor his dying declaration was recorded. The learned Sessions Judge convicted the respondents for offences punishable under section 452, 323 read with section 34 of the I.P. Code. There is no tangible evidence to hold that the respondents abetted commission of the crime of aiding the alleged suicide of Sambhaji. The ingredients of ( 4 ) section 107 of the I.P. Code are not proved by the prosecution. Consequently, leave to appeal is refused. The application for leave to appeal is dismissed. The criminal appeal stands dismissed accordingly. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIAPLN4487-4488-07