IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 387 OF 2011 KAVITA WAMANRAO SHINDE VERSUS ROHIDAS NARAYAN KSHIRSAGAR AND ORS ... Advocate for Appellant : Shri V.N.Damle h/f Shri R.M.Sharma Advocate for Respondents 1 to 4 : Smt. M.R.Jamdhade APP for Respondent 5 : Shri N.B.Patil ... CORAM : A. H. JOSHI & A. R. JOSHI, JJ. Dated: September 12, 2011 ... PER COURT :- 1. This is an appeal against acquittal by the complainant, who is the sister of deceased. 2. The case was led by the prosecution on the basis of the charge of murder. 3. As a prosecution witness, the appellant had deposed in her examination-in-chief gave version of murder, and in the cross-examination that of suicide. 4. The judgment does not reveal that it was the case of the appellant, at any point of time, that a particular person had abetted the commission of offence of suicide. Now, therefore, it would not be permissible (2) Cr.Appeal/387/2011 akl IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD for the appellant that the prosecution should have been based upon hypothesis of abettment of suicide by some one. 5. In these circumstances, we are satisfied that merely because the complainant is not satisfied with the outcome of trial, it would not entail in reopening of the case and fresh investigation based on with a suspicion as to abettment of suicide. 6. We find that the appeal has no merits. 7. Application for leave and appeal, both are dismissed. ( A. R. JOSHI, J. ) ( A. H. JOSHI, J. ) ... akl