1 criapl-145.93 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPEAL NO. 145 OF 1993 WITH CRIMINAL APPLICATION NO. 992 OF 1993 The State of Maharashtra Appellant/original Respondent-complt. versus 01. Dnyanoba s/o Kishan Kawale, age 25 years, occupation: Agril. r/of Dongargaon, Taluka Kandhar, 02. Kishan s/o Dhondiba Kawale, age 52 years, occupation : Agril. r/of Dongargaon, Taluka Kandhar, District Nanded. 3. Dropatabai w/o Kishan Kawale, age 46 years, occupation : Agril. r/of household, r/of Dongargaon, Respondents/ Tq. Kandhar, District : Nanded. original appellants/ accused. ------ Shri V.D. Godbharle, A.P.P. for the appellant. Shri A.S.Golegaonkar, Adv. for Respondents. ------- 2 criapl-145.93 Coram: A. H. Joshi and A. R. Joshi, JJ. Date : Sept. 7, 2011. Judgment : ( Per: A.H. Joshi, J. ) 1. Along with criminal appeal, the State has filed application for condonation of delay. For the reasons stated in the application, it is allowed. Delay condoned. 2. This is an appeal against acquittal by the State. 3. The accused were tried and convicted for commission of offences punishable under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code, by the learned 4th Assistant Sessions Judge, Nanded, by judgment and order dated 8.10.1991 in Sessions Case No.61 of 1990. 4. Being aggrieved by the judgment of conviction, the accused preferred Criminal Appeal No. 54 of 1991. The said appeal was allowed and the accused were acquitted by the learned Additional Sessions Judge, Nanded, by judgment and order dated 30.12.1992. Hence, this appeal against acquittal by the State. 5. Heard learned A.P.P. and learned Advocate for respondents-accused. Perused the impugned judgment and evidence. As we see from the evidence, the prosecution has failed to prove that there were dowry related demands and ill- treatment on that count to deceased Chaya, of such a nature that it compelled her to commit suicide. 6. Ill-treatment over dowry related demands is an essential ingredient, along with the cruelty as a common factor, for proving charges under Section 498-A and 304-B of IPC. Bare fact that death occurred within seven years from the date of marriage and in isolation, by itself is not sufficient to convict the accused. 3 criapl-145.93 7. In the given circumstances, we are satisfied that the judgment and order of acquittal rendered by the learned Additional Sessions Judge in Criminal Appeal No.54 of 1991 is based on evidence on record and is in accordance with law and does not call for any interference. 8. The appeal has no merits. The appeal is dismissed. (A. R. JOSHI, J.) (A.H. JOSHI, J.) pnd/criapl-145-93