1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1309 OF 2009 The State of Maharashtra ....APPLICANT V E R S U S Vinod S/o Vishnulal Jaiswal & Others ....RESPONDENTS Shri. V. H.Dighe, A.P.P. for the State. [ CORAM : R.M.BORDE, J. ] DATE : 08/06/2009 ------------------------------------------ PER COURT : 1. This is an application presented by the State seeking leave to file Appeal against the order of acquittal recorded by the Assistant Sessions Judge – 3, Parbhani in Sessions Trial Case No. 32 of 2008 decided on 6/1/2009. The accused, in all six in number, all members of one family, are prosecuted for the commission of offence punishable U/s 2 498-A, 306 r/w 34 of Indian Penal Code. It is alleged that the accused are instrumental in causing death of deceased Deepali, who was married with accused no. 1 on 17/4/2000. The couple is blessed with child, who was of six years of age. It is alleged that the accused no. 1 was serving in the office of the T.I.L.R. and was prosecuted for accepting bribe and during pendency of prosecution, he was put under suspension. The accused no. 1 was making demand of Rs. 10,000/- for defending criminal case. It is contended that on account of demand of Rs. 10,000/-, there was illtreatment. Deceased Deepali fade up with the illtreatment had consumed poison and put an end to her life. 2. In order to bring home the guilt of the accused, prosecution examined in all 9 witnesses. The trial Court after appreciating the evidence of the prosecution, found that the prosecution has not established the case and as such directed acquittal of the accused. 3. I have heard arguments advanced by the learned A.P.P. and perused the Judgment recorded by the trial Court. It appears that the version put up by the prosecution witnesses in respect of alleged illtreatment meted out to deceased Deepali is inconsistent. P.W. 3 Ravi has deposed about demand of money for securing employment for accused no. 4, whereas P.W. 7 Mahendra has stated that there was no 3 disharmony between accused no. 1 and deceased Deepali. The incident of demand of Rs. 10,000/- is stated to be of the year 2005. There is no consistent evidence in respect of illtreatment meted out to deceased Deepali at the hands of accused. The trial Judge, in these circumstances, reached to the conclusion that the prosecution has failed to prove the ingredients of offence U/s 498-A of Indian Penal Code. There does not appear any evidence in respect of instigation at the hands of accused for commission of suicide by deceased Deepali. The instigation or inducement as contemplated by Section 107 of Indian Penal Code has not been established by the prosecution. The trial Court has taken a reasonable view of the matter and the reasons recorded are logical. Merely because some other view is possible in the facts and circumstances of the case, can not be a ground for causing interference in the order of acquittal. There is no merit in the Appeal. The application presented by the State for leave to present Appeal against the order of acquittal, therefore, stands rejected. Consequently, the Appeal also stands rejected. [ R.M.BORDE ] JUDGE knp/CRIAPPLN1309.09