IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.438 of 2008 (The State of Maharashtra v. Anil Narayan Lone) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri P.D. Kothari, APP for Applicant. Coram : R.C. Chavan, J. Dated : 20th January, 2009 This application by the State for leave to file appeal is directed against the judgment of the learned Additional Sessions Judge, Akot, whereby the learned Additional Sessions Judge acquitted the non-applicant of offences punishable under Sections 306 and 506 Part II of the Penal Code, but convicted him of offence punishable under Section 323 of the Penal Code. The non-applicant had challenged his conviction by filing an appeal, which has been admitted. It does not, however, follow that, therefore, leave to file this appeal should be granted and this appeal should be admitted. The allegations which led to prosecution of the non-applicant are that the non-applicant beat up the victim in front of a pan stall, which led the victim to commit suicide. Now beating up a victim at a public place would be a distinct offence, which has been duly dealt with by the learned Additional Sessions Judge independently and which is subject-matter of another appeal. Beating in itself would not amount to abetment to commit suicide unless it is shown that beating was of such a nature that the victim was left with no other alternative but to commit suicide. Such is not the present case. Leave refused. Appeal is dismissed. Judge. pdl