(1) CRI.APP. 1089.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1089 OF 2010 WITH CRIMINAL APPLICATION NO. 1088 OF 2010 The State of Maharashtra .. Applicant VERSUS Ram Babruwan Chendke and ors. .. Respondents Mr. N.H. Borade, APP for the Applicant-State Mr. P.B. Rakhunde, Advocate h/f. Mr. S.B. Bhapkar, Advocate for the respondents 1 to 4 ... CORAM : V.R. KINGAONKAR, J. DATED : 15TH SEPTEMBER, 2010 ORAL ORDER:- 1. Heard. There is delay of only 10 days in filing of the Application seeking leave to Appeal against judgment of acquittal rendered in Sessions case no. 22 of 2009. 2. Considering the explanation given in the Application, it appears that the delay is un- intentional. It appears that the proposal for filing of the Appeal was processed by the Office and time was consumed in drafting of the Appeal. The reasons (2) CRI.APP. 1089.2010+1 for the delay are acceptable. Consequently, the Application is allowed and the delay is condoned. 3. So far as leave to Appeal is concerned, it is important to notice that the acquittal rendered by the Court of Sessions is for offence under section 498-A, 306 r/w. 34 of the Indian Penal Code. It appears that the wife of the respondent no.1 committed suicide by self-immolation on 20.6.2008 in the early hours, around 4.00 am. His deceased wife by name Mahadevi raised cry. It is uncommon that around 4.00 am. she could have been engaged in the work of cooking. The death occurred in the matrimonial house. The evidence of the relatives of deceased Mahadevi prima facie show that that agricultural land to the extent of 10 acres was attempted to be transferred from her and for such purpose allegedly there was ill treatment meted out to her. 4. Considering the prima facie record, leave to Appeal is granted. Mr. Rakhunde waives service for (3) CRI.APP. 1089.2010+1 the respondents and therefore, no action under section 390 of the Code of Criminal Procedure is called for. Sd/- [V.R. KINGAONKAR, J.] arp