IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1498 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra )..Applicant Versus Baswant Bira Gavade )..Respondent ---- Mr.A.S.Shitole APP for the applicant/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date :1st August, 2008. PC 1. This is an application filed by the State for leave to appeal. Accused has been acquitted for offences punishable under Sections 306, 498-A, 323 & 504 of the IPC. On perusal of the impugned judgment and order, I find that the same has been passed for cogent and acceptable reasons. The Court has not accepted the case of suicide and has held that there is a possibility of accidental death. While arriving at this conclusion, the Court has referred to the evidence of the witnesses that well in which body of the deceased was found not have any safety wall and it was mossy. Even otherwise, there is no allegation of any demand. It is accepted that in the complaint itself, about 4 years after the marriage, there was no harassment mentioned. Four children have been borne out of the marriage. The : 2 : Apex Court held that there is no conviction under Section 306 only on the ground of cruelty without there being some more evidence in the nature of instigation. In my view, this is not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Consequently appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)