1 Cri.A.2662.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2662 OF 2010 The State of Maharashtra ...APPLICANT VERSUS Avidabai Dnyanoba Bhadange and others ...RESPONDENTS ... Mr.T.S.Lodhe,APP for Applicant-State ... CORAM: U.D.SALVI, J. DATE : 5TH SEPTEMBER, 2011 PER COURT : . Heard. 2. Perused application and record. 3. Leave is sought to prefer an appeal against the Judgment and order of acquittal, passed by the Additional Sessions Judge, Osmanabad, thereby acquitting the respondent-accused under section 498-A, 306 read with section 34 of the Indian Penal Code, on 19.03.2010. 2 Cri.A.2662.10 4. Respondent No.3/Accused -Anil Bhadange, husband of the deceased Suwarna lodged report(Exh. 25) with Shiradhon Police Station, Shiradhon regarding accidental death of Suwarna by fall in well around 12.30 p.m. On 31.12.2007. A.D.R.No.59 of 2007 was registered. Meanwhile, Smt. Mangal Balbhim Rasal, mother of the deceased Suwarna lodged complaint (Exh.29) with Police Station and crime under section 498-A,306 and 504 read with Section 34 of the Indian Penal Code came to be registered at Crime No.01 of 2008 against the respondents-accused, namely, (a) Avidabai Dnyanoba Bhadange, (2)Dnyanoba Keshav Bhadange, (3) Anil Dnyanoba Bhadange and (4) Sunil Dnyanoba Bhadange, parents,brother of respondent No.3/accused and respondent No.3/accused himself. 5. The charge, of cruelty by illtreating the deceased for unlawful demand for the purpose of construction of the house and consequently of abatement of the suicide committed by the deceased Suwarna on 31.12.2007, for the offences punishable 3 Cri.A.2662.10 under section 498-A, and 306 read with section 34 of the Indian Penal Code came to be framed, as per Exh.14. . To prove the charges, the prosecution had examined P.W.1-Mangal Balbhim Rasal, complainant, P.W.2-Gyandeo Bapurao Chavan, uncle of the deceased and P.W.3 Dadahari Choure, Investigating Officer. The defence did not contest authenticity and genuineness of the scene of offence(Exh.21), Inquest Panchnama(Exh.22), Post Mortem examination Notes (Exh.23) and Accidental Death Report (Exh. 25) adduced in evidence. 6. Learned trial Court on considering the evidence and the submissions of the rival parties observed that, the prosecution had not tendered any explanation as to why there was delay in lodging the report on 02.01.2008, when the complainant had knowledge about the death of her daughter on 31.12.2007. P.W.1-Mangal has admitted in her cross-examination that after the marriage 4 Cri.A.2662.10 her daughter resided at matrimonial home for about 2/3 months and thereafter all the inmates of the matrimonial home of her daughter went to Parli for cutting sugarcane. After returning, they had started construction of the house and erected a separate bathroom by arranging stones. She was not knowing whether they fetched Rs.80,000/- to Rs. 90,000/-, after returning from the work of cutting sugarcane. The learned trial Court has observed that vague allegations are made regarding monetary demands by the accused. 7. Most importantly, the learned trial Court on reading undisputed evidence i.e. spot panchnama (Exh.21), found the circumstances, supporting the case of accidental death of Suwarna as revealed in A.D.Report (Exh.25). Post Mortem Report (Exh.23) reveals two abrasions on right arm of the deceased and attributes death of Suwarna to Asphyxia due to drowning. Inquest Panchnama (Exh.22) reveals the fact of abrasion on the body of the deceased, as well as probable cause of death - accidental fall 5 Cri.A.2662.10 in well by slip of leg at the time of washing clothes. Spot Panchnama Exh.21 describes the well and situation around it. It also reveals that at some distance from the well there was a bucket with clothes brought for washing and the passage to the well from western side to get down in the well was showing clear foot marks over the mud indicating slip of leg over slippery surface. All the circumstances, learned trial Court rightly observed, were speaking in favour of the accused, who had reported accidental death of wife. The learned trial Court, therefore, was right in acquitting the accused. Application for leave to prefer an appeal stands refused. Sd/- [ U.D.SALVI J.] MTK