1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2135 OF 2009 The State of Maharashtra .... Applicant Vs. Allauddin Ilai Mulani .... Respondent Mr.S.A. Shaikh, P.P. for Applicant Mr.Shekhar Ingawale, Advocate for respondent. CORAM : Smt. R.P. SondurBaldota, J. Date : 21st August, 2009 P.C. : 1. This application is filed for leave to prefer an appeal against the judgment and order dated 21st January 2009 acquitting the respondent of the offences punishable under Section 498-A and 306 Indian Penal Code. About four years after the marriage, the wife of the respondent committed suicide by hanging. The respondent and the deceased have two daughters from the wedlock. It is the case of the prosecution that at the relevant time, the deceased was carrying three months’ pregnancy. After examination, when it was learnt that the fetus was female, the respondent got her pregnancy terminated. It is also alleged that the respondent was disappointed and unhappy with the deceased because of the birth of daughters and has ill-treated her. 2 2. The prosecution has examined in all eight witnesses, in which the material witnesses were PW-1, PW-2, PW-5 and PW-7 who are relatives and friend of the deceased. The learned Judge has found that PW-1, the brother of the deceased is not a truthful witness. He is found to have made false statement in his deposition. It is also seen that part of his evidence was hearsay. The evidence of PW-2 and PW-7 is contradictory. It is the case of the prosecution that the deceased had about three days prior to the incident of suicide, informed her mother over telephone that the respondent had got the third pregnancy terminated because the fetus female. The prosecution, however has not examined the mother. 3. As regards the allegations that the deceased was made to live in a cattle shed, the observations at paragraph 39 of the judgment are material. It has been noted by the learned Judge that the room adjoining to the cattle shed was provided to the deceased where she was living along with the respondent. It was found that in the room there were two iron cots with beds. It was provided with a fan. The room was used as a bed-room by the couple. As regards the allegation of dissatisfaction of the respondent, on account of birth of daughter, undisputedly the respondent had 3 celebrated the first birth anniversary of the daughters by holding a function inviting all the relatives. 4. I have carefully gone through the impugned judgment which exhaustively deals with all the aspects. The view taken by the learned Judge is a fair and possible view. It does not warrant any interference. Hence, the application is dismissed. 5. In view of the dismissal of the application, the Criminal Appeal also stands disposed off. (Smt.R.P.SondurBaldota, J.)