1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.3820 OF 2008. IN CRIMINAL APPEAL ST.NO.783 OF 2008. The State of Maharashtra ... Applicant. Versus Gulabrao Sukhdeo Deshmukh and another ... Respondents. ... Mr.K.S.Patil, A.P.P.for the applicant. Mr.S.B.Parnere, advocate holding for Mr.S.T.Shelke, advocate for the Respondents. ... CORAM : V.R.KINGAONKAR,J. Date : 10.09.2009. PER COURT 1. Heard. 2. Leave is sought by the State to challenge judgment of acquittal rendered by the 2 Adhoc Asstt. Sessions Judge, Sangamner, in Sessions Case No.7/2007. The case involves the Respondents who are father and son interse. Sampada, the deceased, was married to the Respondent No.2 - Sudhakar in the year 1999. She and her minor daughter Rutuja were found missing from the matrimonial home. Their dead bodies were found in a well. The marriage between deceased Sampada and the Respondent No.2 was performed on 27.12.1999. The allegation was that the Respondents troubled, harassed and ill- treated deceased Sampada due to her failure to meet out their unlawful demand. 3. It appears that the learned Sessions Judge considered certain discrepancies appearing from the versions of P.W.2 Dr.Rajendra and the other witnesses. The learned Sessions Judge, held that the death of Sampada and Rutuja could be due to accident. The learned Sessions Judge noticed that there was no circumstantial evidence to infer the homicidal death. I find it difficult to agree along the reasoning of the learned Sessions Judge. It is observed : 3 "While collecting Brinjals etc. by deceased Sampada might have overlooked Miss.Rutuja, who was about 4 - 1/2 years old at the relevant time of the incident, who out of curiosity might have peeped into the well and she accidentally could have slipped down in the well." It is observed that after hearing shouts, the mother i.e. Sampada might have rushed there and could have jumped into the well to rescue her minor child. There is absolutely no evidence to show that minor Rutuja was playing around the well. It does not stand to reason that the shouts of the Rutuja and the mother were not heard by any one. The defence story about cause of the death is rather imaginary. The very fact that Sampada died along with minor female child is indicative of her disappointment, dejection and having lost all the hopes of better and peaceful married life. Merely because there are some contradictions in the context of the alleged demands, the Court may not render the judgment of 4 acquittal. The circumstantial evidence is required to be simultaneously considered. Hence, leave to appeal is granted. 4. Admit. 5. Print dispensed with. 6. Mr.K.S.Patil, learned A.P.P. waives service for the State. (V.R.KINGAONKAR,J.) asp/office/Crapp382008