Cri.Application No.1887 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1887 OF 2011 The State of Maharashtra ..Applicant Versus Sheikh Isak Sheikh Mahammadsaab and another ..Respondents Mr N.R.Shaikh, A.P.P. for applicant Mr V.Y.Jadhav, Advocate for respondents 1 and 2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 29th June 2011 PER COURT 1. This is an application by which the applicant-State seeks leave to file appeal against the judgment of the Additional Sessions Judge, Ambajogai, dated 20.1.2011 in Sessions Case No.56 of 2007, acquitting the respondents of offence punishable under Sections 498-A, 304-B, 306 read with sec.34 of the Indian Penal Code and under Section 3 and 4 of the Dowry Prohibition Act. 2. The prosecution had alleged that deceased Shama was subjected to ill-treatment on account of failure of her parents to fulfill the demand of balance amount of Rs.45,000/-. The prosecution had alleged that an amount of Rs.90,000/- was settled as an amount of dowry to be paid to the husband and in-laws of deceased Shama. Since the aforesaid Cri.Application No.1887 of 2011 2 balance amount of Rs.45,000/- had not been paid by her father P.W.1, Shaikh Ismile, deceased Shama was subjected to ill-treatment and as a consequence of which Shama poured kerosene and set herself ablaze on 3.12.2006. 3. In the trial, the prosecution examined P.W.1 to 4 i.e. the relatives of deceased Shama. P.W.1 Shaikh Ismile, her father states that an amount of Rs.90,000/- had been agreed to be paid as dowry and Rs.45,000/- had been paid and the balance amount of Rs.45,000/- remained to be paid. Similar is the evidence of P.W.2 Shaikh Yasin, P.W.3 Shaikh Qasim, P.W.4 Shaikh Daud. In the evidence of all these witnesses the settlement of amount of Rs.90,000/- as dowry, and the payment of Rs.45,000/- towards the dowry has been proved by way of omission. The trial Court, therefore, in that light came to the conclusion at paragraph 21 that the prosecution has miserably failed to establish that an amount of Rs. 90,000/- was agreed to be paid by P.W.1 Shaikh Ismile as dowry. Since the amount of Rs.90,000/- had not been established by the prosecution as amount of dowry payable to the respondents-accused, the trial Court found it difficult to accept the allegation of the prosecution that deceased Shama had been subjected to cruelty on account of failure of P.W.1 to pay remaining amount. The trial Court further found that the allegations in respect of ill-treatment were extremely vague. All that was alleged was that deceased Shama had informed her father P.W.1 Shaikh Ismile that Cri.Application No.1887 of 2011 3 she had been ill-treated i.e. assaulted and driven out of the house on account of failure to pay the remaining amount of dowry. The exact nature of the assault and the accused were involved in the assault plus the date etc. were completely absent. The trial Court, therefore, found that no reliance could be placed on such omnibus evidence of the prosecution. In respect of an offence punishable under Section 304-B of the Indian Penal Code, the trial Court found that the ingredients had not been proved by the prosecution. The trial Court, therefore, ultimately acquitted the respondents-accused. 4. We have heard Mr N.R.Shaikh, learned Assistant Public Prosecutor for the applicant-State and Mr V.U.Jadhav, learned Counsel on behalf of respondents and we have perused the record and proceedings as well as findings recorded by the trial Court. Upon such perusal, according to us the view taken by the trial Court is a possible view to be taken on the basis of evidence on record. We do not notice any perversity in reasoning of the trial Court to warrant any interference in this appeal against acquittal. Resultantly, this application being sans merit is dismissed. Leave refused. ( A.V. POTDAR, J. ) ( P.V. HARDAS, J. ) (vvr/1887.11criappln)