1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No. 358 of 2011 (State of Maharashtra Vs. Sameer Anandrao Kshirsagar) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. D.B. Patel, A.P.P. for the State/Applicant. CORAM : M. N. GILANI, J. DATE : 8 th JULY, 2011. Heard. The judgment and order of acquittal, dated 16/03/2011, passed by learned Additional Sessions Judge, Nagpur, is being impugned in this appeal. Deceased-Smita on 25/11/2006 married to respondent. She was Civil Engineer and was working with a private firm. The respondent-accused was working as a Clerk in Public Works Department. On 17/04/2007, deceased-Smita consumed poison. On the same night, she died while undergoing treatment. The father of deceased lodged F.I.R. In that, it was alleged that after 2-3 months of the marriage, deceased had visited to the house of her parents. That time, she had disclosed that the respondent-accused was abusing her and beating her. Despite the fact that she was handing over her entire salary to him, he was not satisfied. Learned Additional Sessions Judge was dissatisfied with the evidence adduced by the prosecution to prove that deceased was being subjected to cruelty. Besides the evidence of the parents of deceased, there is evidence of one Jaiwantibai, who is the neighbour of 2 the father of deceased. She spoke about the deceased disclosing to her about the ill-treatment meted out to her by the respondent. The fact remains that within a span of about six months, deceased consumed poison when she was in the house of respondent. The father, mother and other witnesses have been extensively cross-examined to point out that deceased-Smita committed suicide because they used to quarrel with her. On careful consideration of the depositions of the witnesses and the judgment delivered by learned Additional Sessions Judge, I am of the view that leave to file an appeal should be granted. Leave to file an appeal, as prayed for, is granted. Appeal : Admit Action under Section 390 of Code of Criminal Procedure. Bailable warrant in sum of Rs.5,000/- (Rupees Five Thousand Only) returnable after 8 weeks. JUDGE *Sdw