1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.110/2010 The State of Maharashtra Applicant V E R S U S Vijay Shenfadu Mahajan and others. Respondents Shri S.D. Kaldate, APP for applicant. CORAM : SHRIHARI P. DAVARE, J. DATE : 29 th JULY, 2010. PER COURT : 1. Heard Mr. Kaldate, learned APP for the applicant. 2. This is an application preferred by the applicant-state seeking leave to file appeal against the judgment and order of acquittal dated 30th September, 2009 passed by Assistant Sessions Judge, Jalgaon in Sessions Case No.208/2007, acquitting the respondent/accused for the offence punishable under section 498-A, 306, 323, 504 and 506 r/w section 34 of Indian Penal Code. 3. I have perused the impugned judgment and order of acquittal dated 30.9.2009 and record and proceeding with the assistance of learned APP for the applicant. 2 4. Admittedly, Kamalbai i.e. victim expired on 1.9.2007 and she was married with accused No.1 Vijay about 8 years back, prior to the occurrence of the incident and out of said wed lock one son and two daughters were born. Accused No.2 Shenfandu Mahajan is father in law of the victim, accused No.3 Bhagabai is mother in law and accused No.4 Aba @ Pradeep is her brother in law. There are allegations of subjecting the victim Kamalbai to the cruelty for unlawful demand of Rs.2,000/- to Rs.3,000/- to be brought by her from her parental house and due to non fulfillment of said unlawful demand, she was being harassed mentally and physically and ultimately it is alleged that since she was fed up with the said ill treatment, she committed suicide by jumping into the well on 1.9.2007. Prosecution has examined in as much as seven witnesses to substantiate the said charges. 5. However, after scrutinizing and appreciating the evidence on record, learned trial judge observed that the witnesses have given general account about the alleged harassment caused to the deceased Kamalbai and no specific instance of harassment to deceased Kamalbai, nor specific dates on which alleged demand of Rs.2,000/- to Rs.3,000/- were made have been given. It is also 3 observed that witnesses have not deposed about the specific day, date and time of assault to deceased Kamalbai at the hands of accused as well as not narrated ill-treatment she meted out at the hands of accused persons specifically. It is further observed that there is no independent witness to whom any of family members had ever reported before her death that victim was subjected to cruelty. Learned trial judge observed that entire story appears to be after though and in the absence of evidence to show that prior to victim’s death, she was subjected to cruelty to provoke her to commit suicide, it cannot be said that accused had abetted or instigated victim to end her life. 6. Learned trial judge also observed that there is no direct evidence to conclude that death of Kamalbai was suicidal death. Postmortem report discloses cause of death ‘due to cardio respiratory arrest’ due to drowning into well and therefore possibility of accidental death also cannot be ruled out and also observed that prosecution has failed to prove that Kamalbai committed suicide. 7. Having comprehensive view of the matter, reasoning adopted by learned trial judge while acquitting the accused appears to be logical and same cannot be faulted with. Moreover, after analyzing evidence on record, the view adopted by learned trial judge 4 is a possible view to be adopted and therefore, no interference therein is warranted. Hence, present application deserves to be rejected. 8. In the result, present application being sans merit stands dismissed. Leave to file appeal stands refused. 9. Record and proceedings be sent back to the concerned court. ( SHRIHARI P. DAVARE ) JUDGE ..... aaa/110.10