: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. OF IN CRIMINAL APPEAL NO. OF IN APPLICATION NO.2495 OF 2009 The State of Maharashtra .. Applicant v/s. Mukund Madhav Kale .. Respondent ........ Mrs. M.M. Deshmukh, APP for Applicant. None for respondent. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 23rd November, 2009. P.C. : 1. We have heard Mrs. Deshmukh, the learned APP. 2. In Sessions Case No.57 of 2007, the present respondent along with his two sons and daughter-in-law came to be tried for the offences punishable u/s. 498-A, 306, 304-B r/w. Section 34 of IPC and the learned Addl. Sessions Judge, Palghar by his judgment and order dated 5.1.2009 : 2 : was pleased to convict accused No.1 for the offences punishable u/s. 498- A, 306 and 304-B of IPC. At the same time, accused No.2 to 4 came to be acquitted from all the charges. The present respondent was accused No.3 3. Sudipti, the deceased and accused No.1 Yogesh had registered their marriage in 2001. However, again in February, 2003 their marriage was solemnized at Ashagadh, Tal. Dahanu as per the traditions. Accused No.1 was allegedly liquor addict. In the night of 20.8.2006 PW-1 Suruchi, sister of Sudipti received a message that Sudipti had committed suicide by hanging herself to the ceiling fan and this information she had received on phone from one Nandkishore PW-2. The prosecution examined in all 11 witnesses and PW-1 Suruchi and PW-2 Nandakishor were claimed to be the star witnesses. On assessing the evidence of all the witnesses including two diaries written by the deceased and the letters of Sudipti complaining about the behavior of accused No.1, the learned trial Judge held that there was no evidence against accused Nos.2,3 and 4 to hold any one guilty for the offences, for which they were charged. He further noticed that the prosecution evidence in its entirety was directed only against accused No.1. : 3 : 4. We have gone through the depositions of PW-1 and PW-2. PW-3 Vijayalaxmi is the sister-in-law of PW-2. PW-4 Smt. Asha Bhosale was examined as panch witness for the panchanama of scene of offence. Smt. Meghna Shirodkar, PW-5 is the Principal of Chaitanya English Mediam School and as per her, the deceased was absent from the school for many days prior to the date of the incident. PW-6 Upendra Mishra was examined as panch witness for seizure panchanma and PW-7 was Dr. Kulkarni. The learned trial Judge has considered this evidence including the statements recorded u/s. 313 of Cr.P.C. of all the accused. We do not find any case made out calling for reconsideration either of the evidence adduced by the prosecution or the reasoning set out by the trial Court in support of the order of acquittal against the present respondent accused No.1. 5. Hence, leave to appeal against the order of acquittal is refused and the application is rejected. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]