1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 507 OF 2010 The State of Maharashtra ...Applicant VERSUS Mahadu Vishnu Chavan and ors. ...Respondents ..... Shri S.D.Kaldate, advocate for applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 28 th July, 2010 PER COURT : (1) Heard Shri S.D.Kaldate, advocate for applicant. (2) This is an application preferred by the applicant/State seeking leave to file appeal against the judgment and order dated 31.10.2009, rendered by the Additional Sessions Judge-2, Jalna in S.C. No. 36 of 2009, for the offences punishable under Sections 498, 306 r/w 34 of the Indian Penal Code. (3) I have perused the impugned judgment and order of acquittal dated 31.10.2009, as well as R. and Ps. with the assistance of learned Additional Public Prosecutor. (4) The respondents herein faced the trial for the allegations that they subjected deceased Suman to physical and mental cruelty for non- 2 fulfillment of unlawful demand of money and abetted to committal of suicide by her in furtherance of their common intention for having committed offences punishable under Sections 498 and 306 r/w 34 of the Indian Penal Code. (5) The prosecution has examined in as much as seven witnesses to substantiate the charges levelled against the respondents. Admittedly, victim Suman married with respondent no.1 Mahadu on 21.4.2008 and the victim committed suicide on 19.9.2008 i.e. almost about within the span of 5 to 6 months. Apart from that, it appears that the evidence of PW1 father of the victim, namely Ramdas and PW2 Ramesh, uncle of the victim, apparently appears to be specific and there appears to be prima facie evidence against the respondents. (6) Hence, present application is allowed and leave to file appeal as prayed for is granted. Present application be treated as appeal. Admit the appeal. Initiate action under Section 390 of the Code of Criminal Procedure against the respondents, by issuing bailable warrants against respondent nos. 1 to 3 in the sum of Rs. 10,000/- each. Respondent nos. 1 to 3 are directed to give attendance before the Trial Court once in six months till disposal of the appeal. (7) R. and Ps. be sent back to the concerned court. (SHRIHARI P. DAVARE), JUDGE. dbm/crap507.10 3