1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.2185 OF 2009. IN CRIMINAL APPEAL NO.307 OF 2009. Rajendra S/o Vishwanath Bhopale. ... Applicant. Versus The State of Maharashtra ... Respondent. ... Mr.Joydeep Chatterji, advocate for the applicant. Mr.K.S.Patil, A.P.P. for the State. ... CORAM : V.R.KINGAONKAR,J. Date : 05.08.2009. PER COURT 1. This is an application seeking suspension of conviction order rendered by the learned Sessions Judge, Beed, in Sessions Case No.97/2007. 2. The applicant has been convicted for offence punishable U/s 498-A of the I.P.C. His 2 wife allegedly committed suicide due to matrimonial cruelty meted out to her. He has been acquitted by the learned Sessions Judge, for offence U/s 306 of the I.P.C. He is employed as Assistant Engineer in PWD and is likely to be ousted from service if the order of conviction is not suspended. Consequently, he seeks suspension of the sentence. 3. Heard learned counsel and learned A.P.P. for the State. 4. At the outset, it may be gathered that the charge of matrimonial cruelty was levelled against the applicant on the ground that he developed illicit relationship with a woman and, therefore, started giving ill-treatment to the deceased wife. Another contention of the prosecution was that the deceased was being compelled to do excessive household work and was laboured for doing domestic chores. She could not tolerate the continuous maltreatment and cruelty meted out to her. The Investigating Officer admitted that he could not collect 3 evidence to show extra marital relations of the applicant with some other woman. A suicide note was relied upon by the prosecution but the said note (Chitti - Exh.54) was held by the trial Court as not a document in the hand of the deceased Smita. In any case, the charge of matrimonial cruelty is attributed to the applicant on the basis of versions of the parents and close relatives of deceased Smita. It appears prima facie that the marriage was performed much prior to the alleged incident of the death of Smita. There is no written dying declaration and initially a case of accidental death was registered. The marriage was performed on 2.7.1999 at Beed. Deceased Smita committed suicide by self-strangulation in the matrimonial home on 27.3.2006. Considering the relevant aspects of the matter, it may be stated that domestic affairs of the applicant have no nexus with his working as Assistant Engineer. The sentence has been already suspended. The applicant is a young person and is required to maintain his family members including two minor children and old parents. Considering the 4 likelihood of delay in final hearing of the appeal, I am of the opinion that this is a fit case in which order of conviction deserves to be suspended. Hence, the application is allowed. The order of conviction is suspended. (V.R.KINGAONKAR,J.) asp/office/Crapp218509