* 1 * Cri.Appln. 2960.2010 22.12.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2960 OF 2010 [FOR LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2010 [AGAINST THE ORDER OF ACQUITTAL] The State of Maharashtra .......Applicant/ Orig.Complainant V/S. Santosh Laxman Rakshe & Ors. .........Respondents/ Orig.Accd nos.1 to 5 * * * * * * Mr. V.B. Kondedeshmukh, APP for the applicant-State. None for the respondents. Coram : Smt. R.P. SondurBaldota, J. 22 December, 2010. P.C. : 1. This is an application for leave to file appeal by the State against the judgment and order dated 20th February, 2010 passed by the Assistant Sessions Judge, Pune acquitting the respondents of the offences * 2 * Cri.Appln. 2960.2010 22.12.2010 punishable under Sections 498A and 306 read with Section 34 Indian Penal Code. On appreciation of the evidence before it, the Sessions Court came to a finding that the prosecution failed to establish that deceased Rupali was subjected to cruelty by the respondents to meet their unlawful demands. The prosecution also failed to establish that Rupali committed suicide by jumping into a well and the respondents had abated its commission. 2. Deceased Rupali was married to respondent no.2-Santosh on 25th April, 2008. The other respondents are the parents and brothers of respondent no.2. On 22nd November, 2008 in the noon, dead body of Rupali was found in the well near the house. Nobody had witnessed the death of Rupali. The well in which her dead body was found was without any parapet walls. Near the well, a pair of chappals of Rupali and a plastic can was found. According to the respondents, Rupali had gone to the well to clean her hands and probably had lost her balance and fallen into the well. 3. As regards the allegations of cruelty and unlawful demands made by the respondents, the evidence before the trial court consists of the deposition of father of Rupali-PW1, her mother-P.W.3 and her sister-P.W. * 3 * Cri.Appln. 2960.2010 22.12.2010 4. The evidence of these witnesses is identical. They stated that the respondents were demanding Rs.10,000/- from Rupali for acquiring a room on rent and on that ground she was being harassed by them. None of the witnesses deposed as what was the manner of harassment meted out to Rupali. P.W.1 stated that after the marriage, the respondents used to send Rupali to work in the agriculture field everyday from 7.00 a.m. to 7.00 p.m. The learned Sessions Judge held that asking Rupali to work in their own agriculture field, can by no stretch of imagination be said to be an act of cruelty. The evidence before the court completely justifies the findings given by the learned Sessions Court as also the judgment of acquittal. It does not require any interference at the hands of this Court. Hence, the application for leave to file appeal is rejected. [Smt. R.P. SondurBaldota, J]