:1: 904.appa.1039.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1039 OF 2011 IN CRIMINAL APPEAL NO. 998 OF 2008 Vikas Ramesh Sisngh ..Applicant Vs. The State of Maharashtra ..Respondent Mr.M. J. Bhatt, for Appellant. Smt. V. R. Bhosale, APP for State. CORAM :- V. M. KANADE & A. M. THIPSAY, JJ. DATE :- SEPTEMBER 13, 2011. P. C.: Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the Respondent- State. 2 The Applicant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer R. I. for life and to pay fine of Rs. 1,000/- &, in default, to suffer R.I. for one month. 3 The prosecution case, in brief, is that the Applicant had married the deceased six months prior to the incident. The dead-body of the deceased wife of the Applicant was found in the room, and the door had :2: 904.appa.1039.11 been broken, and it was found that she was hanging from the iron rod,which is fixed to the ceiling. The postmortem was performed and the Doctor had given his opinion that the death could have been caused, either by hanging or strangulation. When the inquest panchanama was performed,the panchas found a suicide note in which the deceased had stated that she was in a depressed state of mind, and could not concentrate on anything and, therefore, she was committing suicide. 4 Initially, her mother gave a statement to the Police that her daughter has committed suicide and a case of suicide was registered by the Police. However, subsequently, her maternal uncle filed a complaint in which he alleged that the deceased was murdered by the Applicant. The learned Counsel has taken us through the statement of the Medical Officer and the suicide note, which was brought on record, and had submitted that the findings of the Trial Court, that the Applicant had committed murder, was incorrect in view of the evidence, which was brought on record. 5 In our view, there is much substance in the submission made by the learned Counsel for the Applicant. The Applicant has been acquitted of the offence punishable under Sections 498A & 306 of the Indian Penal Code. The inquest panchanama clearly shows that the body of the deceased was found hanging from the ceiling and door was :3: 904.appa.1039.11 locked from inside. The suicide note also discloses that she had stated that she was in depressed state of mind and, therefore, she was committing suicide. Under these circumstances, the applicant deserves to be released on bail. 6 The Applicant is directed to be released on bail in the sum of Rs.15,000/- with one or two sureties in the like amount. 7 The Applicant shall report to the concerned Police-station once in a month. 8 The application, accordingly is disposed of. ( A. M. THIPSAY, J ) ( V. M. KANADE, J.)