: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.121 OF 2003 CRIMINAL APPLICATION NO.121 OF 2003 CRIMINAL APPLICATION NO.121 OF 2003 ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- Office Notes, Office Court’s or Judge’s orders Office Notes, Office Court’s or Judge’s orders Office Notes, Office Court’s or Judge’s orders Memoranda of Coram Memoranda of Coram Memoranda of Coram appearances, Court’s orders appearances, Court’s orders appearances, Court’s orders or directions and or directions and or directions and Registrar’s orders Registrar’s orders Registrar’s orders ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ Mr.P.A.Pol APP for State Mr.P.A.Pol APP for State Mr.P.A.Pol APP for State Coram : R.S.Mohite, J Coram : R.S.Mohite, J Coram : R.S.Mohite, J Date : 28.11.2007 Date : 28.11.2007 Date : 28.11.2007 PC PC PC 1. 1. 1. This is an application for leave This is an application for leave This is an application for leave to appeal. to appeal. to appeal. 2. By the impugned judgment and order 2. By the impugned judgment and order 2. By the impugned judgment and order the accused who is a relative of the the accused who is a relative of the the accused who is a relative of the husband of the deceased Vaishali and husband of the deceased Vaishali and husband of the deceased Vaishali and who resides in the neighbouring house who resides in the neighbouring house who resides in the neighbouring house has been acquitted for the offence has been acquitted for the offence has been acquitted for the offence under section 306 IPC. The case of the under section 306 IPC. The case of the under section 306 IPC. The case of the prosecution turns upon two dying prosecution turns upon two dying prosecution turns upon two dying declarations. If the dying declarations. If the dying declarations. If the dying declarations are read, it appears that declarations are read, it appears that declarations are read, it appears that it was the allegation of the deceased it was the allegation of the deceased it was the allegation of the deceased against the accused that for last two against the accused that for last two against the accused that for last two years the accused used to abuse her. years the accused used to abuse her. years the accused used to abuse her. What abuses were given are not What abuses were given are not What abuses were given are not : 2 : specified. One incident of beating the specified. One incident of beating the specified. One incident of beating the deceased is two months prior to deceased is two months prior to deceased is two months prior to suicide. Admittedly, the deceased was suicide. Admittedly, the deceased was suicide. Admittedly, the deceased was staying along with her husband. In staying along with her husband. In staying along with her husband. In such circumstances, even if assumed such circumstances, even if assumed such circumstances, even if assumed that there was a friction that there was a friction that there was a friction, abusing and abusing and abusing and quarrels between the three ladies, it quarrels between the three ladies, it quarrels between the three ladies, it cannot be said that the accused had cannot be said that the accused had cannot be said that the accused had abetted the commitment of suicide. abetted the commitment of suicide. abetted the commitment of suicide. Hence, leave refused. Appeal papers Hence, leave refused. Appeal papers Hence, leave refused. Appeal papers to be filed. R and P to be sent back. to be filed. R and P to be sent back. to be filed. R and P to be sent back. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)