1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1315 OF 2007 The State of Maharashtra ..Applicant V/s. Yuvraj Pandurang Gavade ..Respondent Ms.A.A.Mane, A.P.P, for the State Mr.Rahul S. Kate, Advocate, for respondent CORAM : K.U.CHANDIWAL, J. DATE : 29TH JULY, 2008 P.C. . Heard. 2. On 11th March, 2005 when deceased Ashok was at village Yogewadi, Taluka Tasgaon, accused and absconding accused Apparao went there and took Ashok with them. On 12th March, 2005 deceased was found hanging at the bridge of Yerala river. One chit was found in the pocket of the deceased. Neither the suicidal note shows that it was in the hand writing of the deceased Ashok nor it was referred during inquest panchanama. The reasons 2 assigned in the suicidal note and the facts emerged from the deposition of the witnesses about cause of such suicide differs in material particulars as pointed out by the learned Ad-hoc District Judge & Additional Sessions Judge in paragraph 22 of his Judgment. 3. The theory of last seen incident was tried to be established through P.W.4, who is serving in Santosh Cold Storage as Quality Controller has stated that on 11th March, 2005 at 3.00 to 3.15 P.M two persons came in the campus of Santosh Cold Storage and assaulted Ashok. According to him, police had shown this person to him and accused is one of them. However, the learned Sessions Judge observed that accused Apparao was absconding from the date of incident and he was not arrested. This witness was not knowing the accused and Apparao prior to the incident. On the day of incident he has only seen accused. When it is fact that Apparao is not arrested, then question of showing accused and Apparao to this witness does not arise. The learned Sessions Judge has not believed 3 evidence of this witness. 4. P.W.13 the Investigation Officer did not establish exact date of arrest of the accused. It is emerged in the evidence of P.W.9 Vasant, who is brother-in-law of deceased Ashok that Ashok had left job of the accused and he was working at Vaduj on the tempo of one Raut which was attached to Santosh Cold Storage. Taking all these aspects into consideration the involvement of accused for abating said Ashok to commit suicide is not legally surfaced. Consequently, the learned Sessions Judge has rightly acquitted the accused of the offence punishable under Section 306 read with 34 of the Indian Penal Code. Leave to appeal is rejected. (K.U.CHANDIWAL, J.)