1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4397 OF 2007 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Shri K.M.Suryawanshi APP for the applicant-State. 2. Record and Proceeding is received. This is an application by State seeking grant of leave to file appeal against judgment and order passed by learned Adhoc Additional Sessions Judge, Osmanabad, acquitting five accused for offences punishable under Sections 498- A and 306 both read with Section 34 of I.P.C. in Sessions Case No.14 of 2007 decided on 31.7.2007. 3. The deceased Asha was the daughter of PW-1 Navnath and PW-2 Latabai and sister of PW-3. She was married to accused No. 1 Sundar three years prior 2 to her death. Asha gave birth to a child. Accused Nos. 2 and 4 were parents of accused No. 1 and accused No. 3 was brother and accused No. 5 was sister of accused No.1. 4. On 30.4.2006, Ashabai committed suicide by hanging herself in her house. Complaint was lodged by PW-1 Navnath stating that Asha was ill- treated by accused persons for non fulfillment of their demands. Accused were insisting Asha to bring amount of Rs.10,000/= from her parents, but she told them she was unable to bring the amount. 5. The prosecution examined in all four witnesses. PW-1 Navnath, PW-2 Latabai, PW-3 Krushna and PW-4 Rendeo. PW1 to 3 stated that since marriage, there was demand from Asha to bring Rs. 10,000/= and due to non compliance of demand, they used to harass Asha. Even in the complaint, all that is stated by PW-1 Navnath is that there was ill- treatment (--------) to deceased Asha 3 and she complained about the same at length to father Navnanth when he he had come to her in-laws house to meet her. 6. The learned Judge has observed that vaguely saying that Asha was ill- treated was not enough and it was not deposed as to what ill-treatment was given to her. Learned Judge discussed various rulings. He relied upon the case of Shankar vs Vishwanath 2006 All MR (Cri) 790, in which it is observed that for abetment of suicide the prosecution will have to prove that the act of suicide is a fall-out of cruelty meted out to the deceased by accused persons and held that in the present case the prosecution has not proved the same. 7. After carefully considering the judgment of the trial court, in my opinion, it cannot be said that the view taken by learned Additional Sessions Judge is not a reasonable and proper view. The conclusion is based 4 on evidence. In my considered opinion, therefore, this is not a case wherein leave to file appeal can be granted. 8. Hence, application rejected. Date:12/11/2009 (P.R.BORKAR, J.) pnd/criap4397.07