1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPEAL NO.250 OF 1998. The State of Maharashtra ... Appellant. Versus 1. Bhausaheb Murlidhar Malik, Age 55 years, Occ.Agri., 2. Bhaskar Bhausaheb Malik, Age 33 years, Occ.Agri., 3. Ratan Bhausaheb Malik, Age 55 years, Occ.Agri., 4. Indubai Bhausaheb Malik, Age 50 years, Occ.Agri., All R/o Gondegaon, Tq. Shrirampur, Dist.Ahmednagar. ... Respondents. ... Mr.K.S. Patil, A.P.P. for the appellant. Mr.A.M.Hajare, advocate holding for Mr.A.B.Kale, advocate for the Respondent Nos.1 to 4. ... CORAM : V.R.KINGAONKAR,J. Date : 28.08.2009. 2 ORAL JUDGMENT : 1. Challenge in this appeal is to judgment of acquittal rendered in Special Case No.36/1995, for offences punishable U/s 498-A read with Section 34 and U/s 306 of the I.P.C. 2. The marriage between Respondent No.3 Ratan and deceased Manisha was performed on 9.5.1993. She was a young woman aged about 19/20 years at time of the marriage. Respondent No.1 - Bhaskar is the father, and Respondent No.4 Indubai is the mother of the Respondent No.3 Ratan. After the marriage, Manisha started residing with the Respondents in their common house. It is undisputed that dead body of Manisha was found floating in a well situated in the agricultural land of Bhausaheb on 9.9.1994. He lodged a report with the Police. The dead body was retrieved from the well. Initially a case of accidental death (A.D.No.33/1994) was registered. In the same evening P.W. Mandabai (complainant), who is mother of deceased Manisha, lodged a report alleging that Manisha was 3 subjected to matrimonial cruelty and hence, committed suicide by jumping in the well. Consequent upon investigation carried out into the report, the Respondents were charge-sheeted for offences punishable U/s 498-A read with Section 34 and U/s 306 of the I.P. Code. They were tried before the learned Sessions Judge, Shrirampur on the charge of committing alleged matrimonial cruelty to and abetment of the suicide of Manisha. 3. The Respondents denied truth into the accusations and claimed to be tried. The prosecution examined in all seven (7) witnesses in support of its case. The prosecution alleged that the Respondents used to make unlawful demand for a gold ring and for Rs.25,000/-(Rupees twenty five thousand) and on failure of Manisha to fulfill such demand they harassed and ill-treated her. That is why she ended her life. 4. The learned Sessions Judge came to the conclusion that the prosecution evidence was insufficient to bring home the guilt. The 4 Respondents were acquitted from the charges. Hence, the appeal. 5. Heard learned A.P.P. Mr.K.S. Patil, for the State and learned advocate Mr.Hajare, holding for Mr.A.B.Kale, advocate for the Respondents. 6. Before I proceed to scrutinise the prosecution evidence, let it be noted that Manisha was educated up to 10th standard. The marriage was performed by consent. The financial position of the Respondent's family was sound. There was already a grocery shop run by the Respondents. At the time of marriage of Manisha, her father was not residing with her mother. He was addicted to liquor drinking since before about 5/10 years. The Respondents used to reside in a farm house situated in their land bearing Gat No.4 at village Gondegaon. 7. There is no dispute about the fact that dead body of Manisha was recovered from the well situated in the agricultural land of the Respondents on 9.9.1994. She died of drowning. 5 The dead body was found to bear some injuries which indicated that a part of the same was eaten by aquatic animals or insects. This fact is explicit from version of P.W. 5 Dr.Sampat Kedar, who had performed post-mortem examination on the dead body. The post-mortem notes (Exh.24) are not controverted. 8. Clinching question is whether the prosecution has successfully proved that deceased Manisha was subjected to matrimonial cruelty during the period of her consortium with Respondent No.3 Ratan in the common house of the Respondents. In this context, the prosecution relied upon versions of P.W.3 Mandabai, P.W.4 Mandakini, P.W.6 Jankabai and P.W.7 Suryakant. The four(4) witnesses mentioned above are closely related to deceased Manisha being the relatives of her mother. These witnesses deposed that a gold ring was demanded by Respondent No.3 Ratan at the time of marriage of the younger sister of Manisha but the demand could not be fulfilled. They also deposed that an amount of Rs.25,000/- (Rupees twenty five thousand) was being demanded 6 from Manisha. They further deposed that an amount of Rs.10,000/- (Rupees ten thousand) was demanded from her. According to them, on account of failure to meet out such demands, Manisha was being ill-treated by the Respondents. 9. In her statement P.W.Mandabai corroborated the FIR (Exh.21). Her version purports to show that on eve of Rakshabandan festival, Respondent o.3 Ratan had taken deceased Manisha to matrimonial home and then had demanded amount of Rs.25,000/- (Rupees twenty five thousand) so as to purchase a fridge. She also states that he wanted the money to set up an ice- cream shop. After about a fortnight, Manisha had visited her house. She narrated to her that her mother-in-law had beaten her. Her brother thereafter reached Manisha to the house of the Respondents and urged them not to ill-treat her. According to P.W.Mandabai, lateron amount of Rs. 10,000/- (Rupees ten thousand) was demanded by the Respondents for opening a grocery shop. She does not say anything about mal-treatment given to Manisha due to her failure to meet out such 7 demand. Her cross-examination reveals that her husband was addicted to liquor drinking and had sold the family lands to meet out the immoral expenditure. She had to shift her residence to her parental home at village Devlali Pravara before about three (3) years of Manisha's marriage. She admits that financial position of the Respondents was sound. Her version reveals that the Respondents were running a grocery shop and were dealing in milk business. Obviously, there was no question of commencing new business of grocery shop when the so-called demand of Rs. 10,000/- (Rupees ten thousand) was made. She further admits that the marriage of Manisha and the Respondent No.3 Ratan was performed in simple manner without pomp and show. Her version reveals that during marriage of her younger daughter by name Sonali, new clothes were gifted to the Respondents and they had returned home with happiness. In other words, the cross- examination does not indicate, demand of anything or any dissatisfaction caused at the time of marriage of said Sonali. Her version reveals that her cousin brother-in-law, by name, Raosaheb 8 is inhabitant of the village Gondegaon. Said Raosaheb was not examined by the prosecution. No one from the nearby houses situated in the proximity of the Wasti of the Respondents was examined by the prosecution. 10. The versions of other three (3) witnesses are inconsistent with the version of P.W.Mandabai in so far as the reason for the demands is concerned. The witnesses mentioned above did not give any specific instance of ill- treatment meted out to deceased Manisha. They did not specify the period of such ill-treatment. They have only vaguely referred to demands put forth by the Respondents. Thus, there is no sufficient proof to establish that she was being subjected to harassment and ill-treatment due to failure of her mother and other relatives to fulfill the demand. The prosecution has also not placed on record any tangible material to infer that she committed suicide by jumping herself in the well. It is admitted by P.W.Mandabai that the Respondent No.1 Bhausaheb had informed her on 7.9.1994 that Manisha was missing from the house. 9 The undercurrents of the incident are not clear from the versions of the material witnesses mentioned above. The learned Sessions Judge seems to have duly considered the evidence on record. I am in general agreement with the findings of the learned Sessions Judge. In this view of the matter, I do not find any substantial reason to interfere with the impugned judgment of acquittal. It is well settled that when two views are possible, unless there is assurance of absolute incorrectness of the findings recorded by the trial Court, normally, it would undesirable to interfere with the findings of facts. 11. Considering the foregoing reasons, I am inclined to hold that the appeal is without merits and as such liable to be dismissed. The appeal is accordingly dismissed. The impugned judgment of acquittal is confirmed. (V.R.KINGAONKAR,J.) asp/office/Crappeal25098 10