APPA 596/11 Page 1 of 3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 596 OF 2011 IN CRIMINAL APPEAL No. of 2011 STATE OF MAH., THROUGH P.S.O, P.S., SINDEWAHI, DIST. CHANDRAPUR VERSUS DINESH PUNDLIK GOWARDHAN AND 2 OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. T. A. Mirza, A.P.P. for the applicant/State. CORAM : P.V.HARDAS AND P.B. VARALE, JJ. DATE : 14th DECEMBER, 2011. This is an application filed by the applicant/ State seeking leave to file an appeal against the judgment of the Extra Joint Ad-hoc Additional Sessions Judge, Chandrapur, dated 26.04.2011 in Sessions Case No. 124/2009, acquitting the respondents for the offence punishable under Section 498-A r/w Section 34, 304-B r/w Section 34 and 302 r/w Section 34 of the Indian Penal Code. According to the prosecution, deceased Sapna had died on 03.06.2009 on account of consumption of insecticide. Sapna was married to respondent no.1 Dinesh on 12.06.2008 and it is alleged by the prosecution that the respondents had demanded an amount of Rs.50,000/-. The prosecution alleges that on account of non-fulfilling APPA 596/11 Page 2 of 3 the demand of the accused for Rs.50,000/-, Sapna was ill-treated and ultimately insecticide was administered to her, as a result of which Sapna died. The prosecution principally relied upon the evidence of P.W.1 Shalik Urade, father of deceased Sapna, P.W.3 Aniruddha Urade, brother of deceased Sapna and P.W.4 Surekha Ramteke, an aunt of deceased Sapna. The trial Court came to the conclusion that the evidence of these witnesses disclosed that initially an amount of Rs.50,000/- had been demanded, but thereafter the matter was settled. There was, thus, no evidence that prior to death of Sapna, the accused had demanded any amount of dowry. There is also no evidence to indicate that soon before her death, Sapna was subjected to ill-treatment on account of demand for dowry. There was also no evidence in respect of the accused having administered insecticide to Sapna. The trial Court accordingly acquitted the respondents /accused. Mr. Mirza, the learned Additional Public Prosecutor for the applicant has urged before us that the report of the Chemical Analyzer indicates that the clothes of respondent no.1, husband of deceased Sapna, tested positive for finding of the insecticide. However, upon perusal of the statements under section 313 of Cr.P.C., it transpires that the aforesaid circumstance was not put to the respondents. Consequently the prosecution cannot APPA 596/11 Page 3 of 3 place any reliance upon the aforesaid circumstance. We, therefore, find that there is absolutely no evidence in support of the charge framed against the respondents. The view taken by the trial Court appears to be the possible view to be taken on the evidence on record. We do not notice any perversity in the reasoning of the trial Court. Consequently, there being no merit, this criminal application is dismissed. Leave refused. JUDGE JUDGE Diwale