1 APPLN-3695.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.3695 OF 2010 The State of Maharashtra .... Applicant Vs. Abhijit Balkrishna Patil & Ors. .... Respondents Shri S.A. Shaikh, APP, for the Applicant. CORAM: R.C. CHAVAN, J. DATED: JUNE 07, 2011 P.C: This is State's application for leave to file appeal against judgment of acquittal rendered by learned Additional Sessions Judge, Sangli in Sessions Case No.124 of 2009, whereby he acquitted the respondents of the offences punishable under Sections 498-A and 306 r/w Section 34 of the IPC. The victim had married Abhijit, accused No.1, on 15-4-2008. She consumed poison Endosulfan on 7-2-2009 and died while taking treatment in the hospital on 8-2-2009. On 13-3-2009 a report was made by the victim's mother whereupon an offence was registered and after investigation, the respondents were charge-sheeted. The learned 2 APPLN-3695.10 trial Judge has rightly observed that the victim's relations tried to avoid stating that the victim was in fact pregnant and her pregnancy had been terminated in December, 2008 because of some abnormality. The victim as well as her husband in fact resided with the in-laws for a month after December, 2008, that is just a month before the unfortunate incident took place. The learned Judge therefore concluded that the possibility that the victim consumed poison because of frustration due to termination of her pregnancy could not be ruled out. It cannot be said that the view taken by the learned Judge is perverse or erroneous, particularly in the context of the fact that when the victim was in the hospital or met with her death, no complaint of any sort was made to the police. The complaint surfaced only on 13-3-2009, more than a month after the death of the victim, and that too, about ill-treatment on account of unfulfillment of demand of a gold ring. Since the view taken by the learned Judge is probable, leave refused. Appeal is dismissed. (R.C. CHAVAN, J.)