( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3269 OF 2009 The State of Maharashtra APPLICANT VERSUS Sanjay Amruta Pandhare & others RESPONDENTS .... Smt. B.R. Khekale, APP for the applicant/State. Mr. S.T. Shelke, advocate for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 3rd September, 2010] PER COURT : 1. This is an application for leave to appeal against judgement of acquittal rendered in Sessions Case No. 4/2008. 2. The respondents were acquitted by the learned Adhoc Assistant Sessions Judge, Sangamner for offence punishable under section 498A, 306, 323, 504 read with section 34 of the I.P. Code. 3. The marriage of deceased Smt. Vaishali with respondent No. 1 Sanjay was performed about 10 years prior to her death. The case of prosecution before the trial Court was ( 2 ) that since about a year after the marriage, deceased Smt. Vaishali was being harassed by the husband and other relatives. They were demanding Rs. one (1) lac for purchasing of a crain. Her father was unable to pay the said amount. The ill-treatment was continuous and unabated due to non- fulfillment of such demand. Eventually, she jumped in a well on 4th February, 2009 and committed suicide due to unbearable torture, ill-treatment and matrimonial cruelty. 4. Heard learned APP and learned counsel for the respondents. 5. There is no dispute about the fact that deceased Smt. Vaishali died unnatural death due to drowning in the well. Her dead-body was recovered from the well after hectic search. The police patil reported the matter to the Police Station. Initially, case of accidental death was registered. The prosecution examined in all seven (7) witnesses to bring home guilt to the respondents. 6. It is pertinent to notice that the prosecution failed to examine any of the person from the neighbourhood of the matrimonial home. The versions of father and brother of ( 3 ) deceased Smt. Vaishali are rather identical. They gave omnibus statement about the illegal demands of the respondents. Though it was stated by the witnesses that PW Navnath who is brother of deceased Smt. Vaishali, had been to her matrimonial home and then, she narrated to him about the ill-treatment given to her and also requested him to send the father, yet, this incident was not reported to the police. It appears that the well in which the dead-body of Smt. Vaishali was found was having the parapet walls which were in dilapidated condition. The police found a sickle and pair of chappal from near the well. The presence of the sickle near the place goes to show that deceased Smt. Vaishali had been to the agricultural field for the purpose of cutting grass. The attending circumstances indicate probability of an accidental death. No witness was examined to show that something had occurred just prior to the incident of falling of Smt. Vaishali in the well or jumping in the well. The woman who was married prior to about 10 years might not have committed suicide without there being some serious reason in the proximity of the alleged incident. The circumstances are duly appreciated by the learned Adhoc Assistant Sessions Judge. No fault can be found in the findings of the facts and the appeal cannot be entertained only because some other view is ( 4 ) possible. Consequently, the leave to appeal is refused. The application is dismissed. The appeal be deemed as dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln3269-09