1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1464 OF 2009 IN CRIMINAL APPEAL No. OF 2009 The State of Maharashtra.. Applicant/Appellant. vs. Kumind Rama Kokade & Ors ..Respondents. Mrs M. H. Mhatre, A.P.P.for the State. Respondents absent though served. CORAM: A.R.JOSHI,J. DATE : 08TH MAY,2009. P.C.:- 1. Heard learned A.P.P.,for the State. 2. None for respondents original accused, though they are reportedly served. 3. It is the application for leave to file appeal against the acquittal of respondent Nos. 1 to 3 in the matter of offence punishable under Section 306 of the Indian Penal 2 Code. 4. After going through the reasoning given by the learned Additional Sessions Judge, Solapur and after noticing as to what is the substantive evidence of P.W.Nos. 1 and 3 who are the main star witnesses of the prosecution i.e. Brother and wife of the deceased victim, it appears that the Trial Court had rightly appreciated their evidence as to falling short of proof which is required to establish involvement of the accused for the offence under Section 306 of the I.P.C. 5. Allegedly, there were disputes between the deceased and the accused persons. Earlier in the year 1993 some loan amount of Rs. 7,500/- was taken by the deceased from accused no.1 and allegedly it was repaid till the end of the year 2006 by paying Rs. 40,000/-. However, according to the accused, still some amount was due and payable and on this count there used to be harassment of the deceased. Another incident quoted by the prosecution is just immediate prior to the incident i.e. one day prior to the death of the victim. On that day brother of accused no.1 brought a tractor to plough the field. However, he was obstructed by the deceased and P.W.1, saying that there was a dispute regarding such agricultural field. Brother of accused no.1 went away 3 giving threats of dire consequences to the deceased and his brother P.W.1. On the next day, dead body of victim was found hanging on the tree in the field of his brother. Accidental death was registered. However, there was nothing like any allegation of abetment of suicide by the accused persons. Thereafter, after about 18 hours first information report was lodged mentioning various allegations against the accused persons as abetters for the suicide. 6. Considering the above circumstances and considering the reasons given by the Trial court, in the opinion of this Court, there is nothing to allow the leave application and as such present application for leave to file appeal stands dismissed and disposed of accordingly. A.R.JOSHI,J.