..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1405 OF 2007 [LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra. ..Applicant. Versus Suresh Shamrao Patil and 4 Ors. ..Respondents. .... Mr.V.B.Konde-Deshmukh, APP, for the Applicant-State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 3rd June, 2008. DATED : 3rd June, 2008. DATED : 3rd June, 2008. P.C.: 1. The applicant-State of Maharashtra has filed this application for leave to file appeal against the judgment and order dated 29th November, 2006 passed by the learned Adhoc Addl. Sessions Judge-3, Kolhapur in Sessions Case No.30 of 2005. By the said judgment and order, the learned Sessions Judge acquitted the respondents-orig. accused Nos.1 to 5 of the offences punishable under Sections 498-A, 306 read with 34 of IPC. 2. The prosecution case is that Sunita was ..(2).. married to respondent No.1 Suresh. Respondent Nos.3 and 4 were the parents of respondent No.1 Suresh. Respondent No.2 was the brother of respondent No.1; and respondent No.5 was the wife of respondent No.2. It is the prosecution case that all the accused were harassing Sunita on account of demand of money. 3. I have heard the learned APP for the Applicant-State. Perused the judgment and order of the learned Sessions Judge as well as the evidence which has been produced by the learned APP. 4. The prosecution has examined father (PW-1), mother (PW-2) and sister (PW-3) of Sunita. According to PW-3 Jayashree who was the sister of Sunita, the harassment to Sunita by her in-laws started immediately after her marriage. However, PW-1 Bhimrao, who is the complainant and the father of Sunita, has stated that the harassment started only after the third delivery of Sunita. PW-1 Bhimrao has stated in his evidence that his daughter Sunita after the third delivery told him ..(3).. that the accused were harassing for demand of Rs.1 lakh for construction of house. However, this averment in his deposition is found to be an improvement. PW-3 Jayashree has stated that four days before the death of Sunita, Sunita told her that her husband threatened to kill her if she did not bring money. However this averment in her deposition, is also found to be an improvement. There is serious inconsistency between the evidence of PW-3 Jayashree and PW-1 Bhimrao who is the complainant. None of the witnesses have stated in what manner Sunita was being harassed by the accused persons. There are only vague and general allegations and no specific instances or the manner in which Sunita was ill-treated has been stated by any of the witnesses. PW-2 Kamal, who was the mother of Sunita, has stated that when she asked Sunita as to why Sunita was not coming to their house, Sunita told her that if they will pay the money as per the demand of her in-laws then only she will come to their house. However, this witness has not stated that the accused persons had stopped Sunita from coming to her parental home, nor she has given details anywhere ..(4).. about the kind of harassment or ill-treatment to Sunita by the accused persons. On going through the evidence, the learned Sessions Judge came to the conclusion that the evidence of the prosecution witnesses on record falls short to establish, beyond reasonable doubt, that the accused subjected Sunita to cruelty by wilful conduct, which was of such a nature, as was likely to drive her to commit suicide or to harass her with a view to coercing her or any person relating to her to meet their unlawful demand of money. 5. Looking to the evidence on record, I am of the opinion that the view taken by the learned Sessions Judge is a reasonable and possible view. Hence, no interference is called for. Application for leave to file appeal is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)