1 criapln4164-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4164 OF 2010 The State of Maha .. APPLICANT V/s Mustafa Gulam Rasul Pathan & Ors .. RESPONDENS .... Mr.D.V.Tele,APP.for State. Mrs.A.N.Ansari,Adv.for Respondents 1 to 4. .... CORAM : T.V.NALAWADE,JJ. DATE : 25/04/2011 ORAL ORDER 1] This application is filed by the State for grant of leave to file appeal for challenging the judgment and order in Sessions Case No. 134/09 which is decided by Assistant Sessions Judge, Dhule. The present respondents are acquitted of the offences punishable under Sections 306, 498-A, 323, 504, 506 and 34 of I.P.C. The record was called. Both sides were given hearing. 2] Crime came to be registered on the basis of report given by father of deceased Viz. Sk.Sikandar. The marriage had taken place 4 years prior to the date of incident and out of this marriage with 2 criapln4164-10 respondent no.1, 2 daughters were born. Both the daughters died due to illness. Allegations are made that after the death of 2 daughters and after 3 years of the marriage, ill-treatment was started and demand of money was made by husband and in-laws. Accused no.1 is husband of deceased, accused no.2 is brother of accused no.1. Accused nos.3 and 4 are parents of accused no.1. 3] The incident took place on 14/4/2009 at about 6.30 p.m. Sk.Sikandar learnt about the incident from accused no.2 Imran on the same day. As per version of Sk.Sikandar, Imran had informed that there was quarrel between deceased and her mother-in-law. 4] The evidence given by Sk.Sikandar shows that he has tried to convey that he learnt about the ill-treatment from the deceased. There is no direct evidence about so-called demand of Rs.10,000/- also. As the information about the last incident came to be received from accused Imran and that too only against one accused, this circumstance is not sufficient for involvement of other accused in the incident which took place on 14/4/09. The trial Court has come to the conclusion that it is the case of suicide and after pouring kerosene on the person deceased set fire to herself. The evidence of complainant and the report shows that the last meeting with the deceased had taken place one Month prior to the date of incident. There was one more incident in which Rafiq was involved, Rafiq has not specifically 3 criapln4164-10 stated as to who had demanded money. No specific date of the incident is mentioned by said Sk.Sikandar. Evidence of sister of complaint is also on the basis of so-called disclosures made by deceased. The evidence of mother Raziabee is also on the basis of so-called disclosure made by the deceased. Thus, there is only evidence of one Sk.Rafiq on the demand of money made by the accused but that evidence is also not specific and convincing. Even when as per the version of the complainant, Imran was informing him about the affairs of the family, allegations are made against Imran also and these circumstances show that there is possibility of false implication. There may be many reasons for suicide. The deceased had lost her both daughters born within 4 years of the marriage and that can be reason for suicide. Possibility that due to the quarrel which allegedly took place between the deceased and mother-in-law, she committed suicide cannot be ruled out. If suicide takes place out of such single incident, inference of the cruelty cannot be drawn. Thus, there is no sufficient evidence for proving any of the offences for which charge was framed. The trial Court has considered all this evidence. The view taken by the trial Court is a possible view and nothing can be achieved by granting permission to the State to file Appeal. So application stands rejected. [T.V.NALAWADE,J.] umg/criapln4164-10 4 criapln4164-10