1 appln538.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.538 OF 2011 The State of Maharashtra .. Applicant. Vs. Rajaram Bajarang Jadhav & Ors. .. Respondents. Mr.P.S.Hingorani APP for the State. CORAM : NARESH H PATIL & P.B.VARALE, JJ. DATED : 15TH JULY, 2011. P.C. 1. Heard. 2. Perused record. The respondents were charged for offence punishable under section 498-A, 306, 323, 504 read with 34 of IPC. The prosecution case is that the deceased - Pallavi was married to respondent - Rajaram Jadhav on 25th June, 2005. He was engaged in business of refining gold and silver metals. During her pregnancy for a period of six months Pallavi stayed with her parents. During this period Rajaram started business at Pune. After delivery Pallavi started residing in Pune with her husband. The prosecution case is that thereafter Rajaram started demanding Rs.5 to 7 Lacs from Pallavi and her parents for expansion of business. As demand was not fulfilled he started ill treating Pallavi. It is alleged that Rajaram used to drink alcohol and beat Pallavi. During course of trial the prosecution examined eleven witnesses and had placed reliance on evidence of medical officer P.W.7 - Dr.Ajay Taware. The deceased - S 2 appln538.11 Pallavi was found dead in house due to hanging. The cause of death was mentioned as “death due to constriction of neck". On 24.6.2008, it is alleged that one Mrs.Bhosale made telephone call to Narayan that Pallavi had sufferred attack and was hospitalised. Narayan alongwith his relatives rushed to Pune and found that Pallavi was dead. On 9.8.2008 one more statement of Narayan was recorded wherein it was alleged that she committed suicide by hanging herself as she was fed up by Rajaram and his relatives. The offence was registered vide Crime No.290 of 2008. It has come on record that door of the room in which deceased was found hanging was broke opened. There is evidence that relatives of both sides used to meet each other and deceased had stayed alongwith parents during her pregnancy. We have noticed infirmities in prosecution case in respect of demand made by accused. The evidence brought on record does not establish prosecution case beyond reasonable doubt that on account of non fulfillment of demand of Rs.5,00,000/- (Rs.Five Lacs) accused ill-treated deceased - Pallavi and on such harassment Pallavi committed suicide. 3. We have perused reasoning adopted by trial Court in giving benefit of doubt to accused. The view adopted by trial Court is reasonable and possible view of the matter. We are not convinced to admit the appeal. Leave is refused. The application is rejected. (P.B.VARALE,J.) (NARESH H PATIL,J.)