1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1021 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra .. Applicant V/s. Balasaheb @ Dhondiba Khandu Paikekari & Ors. .. Respondents Mrs.M.H.Mhatre, A.P.P.for the State. Mr.Jaydeep More for Respondent Nos. 1 to 11. CORAM : A.R.JOSHI, J. DATED : MAY 7TH, 2009. P.C. Heard rival submissions for some time. 2. It is the application by State for leave to file an appeal against the acquittal of original accused Respondent Nos. 1 to 11. Respondent Nos. 1 to 11 were acquitted by the Trial Court for the offence under section 306 read with section 34 of I.P.C. The allegations against the accused were that accused Nos.5 and 6 instigated other accused to sent their cattle on the agricultural field 2 of the deceased. Accused Nos.5 and 6 insisted on the deceased and his family members to join one political party, however, deceased was not obeying the directions. Allegedly there were complaints filed against the deceased and his family members at Solapur Court and as such complaints were at the instances of the accused persons in the present matter. Admittedly, there was no any compliant lodged against the accused by the deceased during his life time. In the suicide note, it was written that he was subjected to torture at the hands of the accused persons. Suicide note contain detailed names of the 11 accused persons. Learned Trial Court was weighted with the factual position that hand writing expert was not examined and as such suicide note was not proved. Learned Trial Court was also influenced by the material brought on record, in as much as only the acts of accused persons sending their cattle on the field of the deceased would not amount to such a torture that a person ended his life by hanging himself in his house. All the same, considering the rival submissions which are heard at length, and considering the import of section 306, in the opinion of this court, it is not the matter in which the facts are again to be reagitated in the appeal, and consequently, the present leave petition must fail and accordingly it is dismissed and disposed of. (A.R. JOSHI, J.)