1 spb/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 3638 OF 2009 The State of Maharashtra ... Applicant. Versus Bhagwan Dattu Patil ... Respondent. --- Mrs. R.V. Newton, APP for the Applicant. Mr. Jayant Bardeskar for the Respondent. --- CORAM : B. R. GAVAI, J. DATED : 25th FEBRUARY, 2010. P.C. : 1. This is an application for leave to appeal. The applicant challenges the order of acquittal as recorded by the learned Additional Sessions Judge, Kolhapur dated 8th April, 2009 whereby the Respondent-accused was acquitted under section 235(1) of the Code of Criminal Procedure for the offence punishable under sections 306, 323, 504 of the IPC. 2. It is the prosecution case that the accused had given some advance money to the husband of the complainant. However, since the accused did not complete the work for which advance was taken, he was humiliated and 2 therefore, he committed suicide. 3. For bringing home the guilt under section 306 of the IPC, the prosecution has to prove that there was some act or omission on the part of the accused which was of such a nature that drove the deceased to committed suicide. From the evidence on record, the learned trial court has found that the incident of assault has taken place on 10th December, 2006 and the deceased committed suicide on 13th December, 2006 and the complaint came to be lodged on 17th December, 2006. Thus it can be clearly seen that the prosecution has miserably failed to prove the nexus between the alleged act on the part of the accused and the suicide. 4. In that view of the matter, no perversity is found in the order of the learned Judge, warranting interference by this court. Hence, the criminal application is dismissed. (B.R.GAVAI, J.)