1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPEAL NO. 522 OF 2002. The State of Maharashtra Through P.S.O.Gondi Taluka Ambad,District Jalna. ...Appellant. VERSUS. Datta S/o Babasaheg Gulwane. Age 25 years,occup.Agriculturist R/o Village Kothala,Ta.Ghansangwi, District Jalna. ...Respondent. ------------------------------------------ Mr. K.S.Patil, A.P.P. for Appellant. ------------------------------------------ (CORAM : V.R.KINGAONKAR, J ) DATE : 7th September,2009. ORAL JUDGMENT : 1. The present respondent alongwith other two accused were tried before the Learned Sessions Judge in sessions case No.81 of 2001 for the offence punishable under sections 498-A read with section 34 and 306 of the Indian Penal Code. They have been acquitted by the Learned sessions Judge. Hence, this appeal. 2. Heard learned A.P.P. Mr. K. S.Patil. 3. On consideration of the impugned judgment, record and proceedings,it transpires that, marriage of deceased Chandrakala with respondent (Accused no.1) Datta was performed on 9th May,1996. Thereafter, she went to reside with her husband. For about one month she was treated well. 2 4. The Prosecution case is that, after about one month, respondent nos 1 to 3 insisted Chandrakala to fetch Rs. 25,000/- from her parents as one Auto-rickshaw was to be purchased by them. On failure to fetch demanded amount, she was further illtreated. On 16th June,1996 she reportedly suffered from vomitting and diarrhea. She was rushed to Rural Hospital Gevrai for the treatment. She lateron died in the Hospital. It was reported to the parents of Chandrakala that she died as a result food poisoning. 5. At the trial, four witnesses were examined by the prosecution. Significantly, the deceased Chandrakala was only 15 years old at the relevant time. Thus, it appears that child marriage was performed. It was the grievance that she was not allowing her husband to commit sexual intercourse. Her father admitted during trial that he had no information whether Chandrakala had mensuration. The version of P.W.1-Bhanudas, who is father of deceased Chandrakala was based on hearsay information. So also, P.W. 3 Tulshiram could not advance the case of prosecution any further. It does not stand to reason that, within such short span of matrimonial life of about one month and five days there was matrimonial cruelty to such extent that Chandrakala was frustrated and decided to end her life. It is an admitted fact that for one month she was well treated. What happened in the five days thereafter is not clearly borne out from the versions of the prosecution witnesses. 6. The post mortem report (exh.23) would show that, the death occurred due to cardio respiratory arrest on account of consumption of organo phosphorus compound (poison). The 3 report of Chemical Analyser was not placed on record. It is not possible to infer that the death of Chandrakala was of homicidal or suicidal nature and not due to food poisoning as claimed by the respondent. No neighbouring witness was examined. No dying declaration of Chandrakala was recorded. In this view of the matter, the appreciation of evidence by the learned Sessions Judge can not be faulted with. 7. In the result, I do not find substance in this appeal. Leave is therefore, refused and appeal is dismissed. 8. In view of dismissal of Criminal Appeal No. 522 of 2002, the Criminal revision Application No. 194 of 2002 does not survive and and hence stands dismissed accordingly. ( V.R.KINGAONKAR, J ) MTK/cri.APL.522.02