IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3868 OF 2005 CRIMINAL APPLICATION NO.3868 OF 2005 CRIMINAL APPLICATION NO.3868 OF 2005 IN IN IN CRIMINAL APPEAL NO. OF 2005 CRIMINAL APPEAL NO. OF 2005 CRIMINAL APPEAL NO. OF 2005 The State of Maharashtra ..Applicant Versus Magdanand Atmaram Godiyal & Ors. ..Respondents ---- Mr.A.S.Gadkari APP for the applicant. Mr.R.Sathyanarayanan for Respondents. ---- Coram : J.N.Patel & Coram : J.N.Patel & Coram : J.N.Patel & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 17.01.2007. PC 1. The State has filed this application seeking leave to prefer an appeal challenging the acquittal of the co-accused in the case by the trial Court who were charged for having committed offences under sections 498-A, 304, 306 r/w 34 of IPC. 2. It was the prosecution case that the deceased in this case Suman committed suicide due to her husband and in-laws treating her with cruelty in order to coerce her to get dowry, particularly they were insisting that she should tell her parents to purchase a new flat otherwise accused nos.2 to 5 will drive her away out of the house alongwith the husband and subsequently she was driven out of her : 2 : matrimonial home from Sewree alongwith her husband. 3. The trial Court found that the prosecution has proved the case against the husband only and that too only for having committed offence under Section 498-A & 304 (B) of IPC. 4. The learned APP submitted that the trial Court was not justified in acquitting the original accused nos.2 to 5 on the same set of evidence which was relied upon to convict the original accused no.1 i.e. the husband of the deceased inspite of there being positive evidence on record to show that the in-laws of the deceased were also responsible for her un-natural death and hence seek leave to prefer an appeal. 5. The trial Court while considering the evidence against the respondents accused nos.2 to 5 has held that except for the interested evidence of the relatives of the deceased nothing is brought on record to show that accused nos.2 to 5 were responsible for her un-natural death. It is a matter of record that the deceased resided at the place of the incident for a period of 2 years alongwith her husband initially after residing with the inlaws for a period of one year and there is no allegation against the original accused nos.2 to 5 that during this period of 2 years they treated her : 3 : with cruelty or were in any manner responsible for forcing her for dowry. We find that the view taken by the trial Court is not perverse so as to interfere with the acquittal of original accused nos.2 to 5. Hence, application for grant of leave is rejected. As a consequence of which, appeal against acquittal is dismissed. 6. Criminal Appeal No.575 of 2005 to be heard alongwith the appeal preferred by the respondents. (J.N.Patel,J) (J.N.Patel,J) (J.N.Patel,J) (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)