1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2793 OF 2009 WITH CRIMINAL APPEAL NO.277 OF 2009 The State of Maharashtra Applicant V/s Laxmibai @ Sonabai W/o Bansi Jondhale and ors. Respondents ------------------------------------------------------------------------------------------------------- Mrs. Y. M. Khsirsagar, A.P.P. for the State in both matters. Mr. R. J. Nirmal, Advocate for appellant in Criminal Appeal No.277/2009. ------------------------------------------------------------------------------------------------------ (CORAM : V. R. KINGAONKAR, J.) DATE : 27th August, 2009. PER COURT : 1. Heard. 2. In Sessions Case No.58/2007, the Respondents were tried along with accused no.1 Ganesh for the offence punishable under section 498A and 306 of the Indian Penal Code. The accused no.1 Ganesh has been convicted by the Trial Court and against the said order, he preferred Criminal Appeal No.277/2009 which is admitted. The remaining three accused, who are respondents herein, have been acquitted. The State challenges the part of the impugned Judgment. The deceased Waishali had left matrimonial house on 16th February, 2007. The marriage was performed on 29th June, 2005. The death occurred within couple of years 2 of the marriage. The Sessions Court has accepted the part of the prosecution case, relying upon the version of the witnesses as regards matrimonial cruelty. The dead body of Waishali was found in a well on 18.02.2007. She was having sucking infants of about three months age. Ordinarily she could not have committed suicide when the infant was depending on the mother's milk. The P.W.1 denied that, Waishali and her husband was residing separately from other family members. Considering the relevant aspects of the matter, it is proper to grant leave to appeal. 3. The Application is allowed and leave is granted. 4. Admit the Appeal. This Appeal should be tagged along with Criminal Appeal No.277/2009 for common hearing. No separate Paper Book is necessary as the Paper book in Criminal Appeal No.277/2009 will suffice the purpose. The print is dispensed with. The Action under section 390 of the Criminal Procedure Code be taken. (V. R. KINGAONKAR) JUDGE GAS/criapp2793.09