1 appln 726 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 726 OF 2011 The State of Maharashtra .. Applicant. -versus Kerabai Ganpati Shinde and anr .. Respondents. Mrs. M.M. Deshmukh, APP for the Applicant State. Mr. S. Yadav, for respondent Nos 1 to 5. CORAM: R.C. CHAVAN, J. DATED: 22nd June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondents, ordered by the Assistant Sessions Judge, Kolhapur, for the offences punishable under Section 498-A, 306, 504 read with section 34 of the Indian Penal Code. The victim was married to respondent No.2 on 30th April, 2006 and died as a result of burn injuries on 9th November, 2006. The learned APP may be right in submitting that the learned trial Judge should have seen that the victim had possibly committed suicide and had not accidentally caught in a fire as stated by her in dying declaration because the circumstances on the spot may be inconsistent to the theory of the stove being burst while preparing tea. However, victim’s own notebook which was produced at the trial does 2 appln 726 of 2011 not show that there was any physical illtreatment to the victim at the hands of the respondents. In fact respondent No.4 Putalabai was alleged to be possessed by some spirit and at her instance respondent no.1 Kerabai the mother in law of victim used to taunt the victim and put her to work. There was an incident for loss of ornaments also, but nobody seems to have blamed to the victim of loss of those ornaments. One Chandrakant Bhosale was blamed by the respondents for theft of ornaments. Victim was from a city and she was given in marriage to a place which was a village. Considering all this and in the face of dying declaration of the victim recorded by the Executive Magistrate, the learned Judge cannot be said to have taken perverse or improbable view of the matter in acquitting the respondents. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)