1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2310 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra .... Applicant Vs. Hrudanand Gangadhar Panda .... Respondent Mr.J.P. Kharge, APP for Applicant Mr.Prashant Karande, Advocate for respondent. WITH CRIMINAL REVISION APPLICATION NO.241 OF 2009 Shri Basant Kumar Mishra .... Applicant Vs. Hrudanand Gangadhar Panda .... Respondents & Ors. Ms. Neeta Javare h/f Anjali Patil for Applicant. Mr.J.P. Kharge, for respondents. CORAM : Smt. R.P. SondurBaldota, J. Date : 21ST August, 2009 P.C. : 1. This is a common order on the application by the State for leave to appeal to challenge the judgment and order of acquittal of the respondents for the offences punishable under Sections 498-A and 306 Indian Penal Code and the 2 revision application filed by the original complainant for the same purpose. 2. The marriage between the deceased and respondent had taken place in May 1997. The deceased committed suicide by hanging herself on 10th June 2007 at the residential premises. It is alleged by the prosecution that the deceased was subjected to cruelty and harassment by the respondent. The acts of cruelty as alleged are : 1. Harassment since eight days after the marriage for non fulfillment of dowry demand. Harassment consisted of denial of food and rest during pregnancy in the year 1998-1999 and assault by husband. 2. Causing fracture injury to the right leg in the year 1998. 3. Breaking of fingers of the deceased by the husband by twisting them and giving her burns with match stick. 4. Failure on the part of the husband in meeting a Counselor. 3. The material witnesses examined by the prosecution are the parents, sister, brother, minor son and neighbours of the deceased. The learned Judge has found several inconsistencies in the evidence of the witnesses who are relatives. As regards the evidence of minor son, the learned Judge has found that there are several omissions in his evidence. 3 4. The allegations of harassment at item No. 1 and 2 relate to the period too remote and cannot be said to be immediate cause for suicide. The prosecution has not established any immediate incident driving the deceased to commit suicide. There is no evidence as regards breaking of fingers or burn injuries. The allegations are not supported by the post mortem examination. The Medical Officer examined by the prosecution stated that he did not notice any such injury on the body at the time of performing post mortem. Similarly there is no evidence of demands for dowry. As regards the allegation that the respondent did not attend the meeting of counselor, the learned Sessions Judge rightly held that this by itself cannot amount harassment or cruelty. 5. The minor son of the deceased mentions in his deposition about frequent quarrels between his parents. He narrated the incident in which the respondent had thrown water at the deceased out of anger. The deceased had retaliated by throwing cooked dal at him. Thus his evidence merely indicates discord between the deceased and the respondent. However, none of the instances mentioned by him are of such serious nature as would drive a person to commit suicide. In any case, the learned trial Judge has also found several inconsistencies in the evidence of this 4 witness. Even after giving due concession to the age of the witness, it has been rightly held by the learned trial Judge that the evidence does not establish acts of cruelty against the respondent. 6. I have carefully gone through the impugned judgment and order. In the judgment, the learned Judge has exhaustively dealt with all the aspects of the case and arrived at reasoned decision of acquittal. The view taken by the learned Judge is a reasonable and possible view. There is no need to interfere with the same. Hence, the application is dismissed. In view of the rejection of the application, the appeal also stands dismissed. For the same reasons, revision application filed by the original complainant also stands dismissed. (Smt.R.P. SondurBaldota, J.)