IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2384 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra )..Applicant Versus Balkrishna Ramchandra Gade & Ors. )..Respondents ---- Mrs.R.M.Gadhavi APP for the applicant/State. Mr.G.M.Savage for the respondents. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 24.07.2008. PC 1. This is an application by the State for leave to appeal. The respondent/accused have all been acquitted for offences under Sections 498-A and 306 of IPC. On perusing the evidence of the father, I find that prima facie there is some material which could be made basis of conviction under Section 498-A. It is arguable that merely because no dowry was demanded at the stage of marriage, no dowry could have been demanded thereafter. So far as conviction under Section 306 is concerned, though there are allegations of cruelty which are given proximate to the suicide, the Apex Court has held that mere cruelty is not enough, there must be instigation. In so far as conviction under Section 498-A is concerned, the appeal is admitted only to : 2 : this extend. The acquittal under Section 306 is confirmed. Leave granted only in respect of conviction under Section 498-A is concerned. Office to number the appeal. CRIMINAL APPEAL NO. OF 2007 1. As limited leave is granted by a separate order passed today, appeal admitted only on the question of acquittal under Section 498-A of the IPC. Record & proceedings be called for. Office to number the appeal. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)