1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application No. 2308/2008 State of Maharashtra thr. PSO Khandala ..vs.. Uttamrao Fakirrao Masske & 3 ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Dhote, A.P.P. for applicant CORAM: R. C. CHAVAN, J. DATED : 7 th JANUARY, 2009 1. Heard. 2. By this application, the State seeks leave to file appeal against acquittal of the respondents of an offence punishable under Section 306 r/w 34 of the Indian Penal Code recorded by learned 1st Ad hoc Assistant Sessions Judge, Pusad upon conclusion of Sessions Trial No. 5/2003 before him. 3. I have heard learned A.P.P. and also gone through the judgment. The respondents are neighbours of victim Shivmala. There was a quarrel between Shivmala's son Praful and Sangeeta, daughter of accused no. 1. Accused persons came there and beat up Shivmala when Shivmala tried to intervene in the quarrel of children. Thereafter Shivmala went inside her house and consumed Endosulphan and committed suicide. On these facts, the learned Assistant Sessions Judge convicted the respondents for the offence punishable under Sections 323 r/w 34 of the Penal Code and 2 sentenced them to suffer Simple Imprisonment for one month with fine of Rs. 500/- each in default to suffer simple imprisonment for 15 days. He acquitted them of the offence punishable under Sections 306 r/w Section 34 of the Penal Code. Being aggrieved thereby, the State seeks leave to file appeal. 4. The learned Assistant Sessions Judge has rightly observed that a quarrel or beating to Shivmala by respondents does not per se amount to abetment or instigation for Shivmala to commit suicide. It must be seen that Shivmala and the respondents are not members of one family. They are simply neighbourers. There can be a quarrel as well as beating. That need not be held as sufficient instigation for Shivmala to go and consume poison. Further, she may have had any other reason for committing suicide and, therefore, the learned Assistant Sessions Judge cannot be faulted for taking the view that offence punishable under Section 306 of the Indian Penal Code was not proved. Leave is, therefore, refused. The application is rejected. Appeal dismissed. JUDGE kahale