1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4184 OF 2007 IN CRIMINAL APPEAL NO.825 OF 2007 The State of Maharashtra, through Ranjana w/o Gangadhar Tupvihire Applicant Versus Vijay Daniyal Kalkumbhe & 2 others Respondents Mr.V.H.Dighe, A,P.P. For the applicant. Mr.Ashok Ghuge, advocate holding for Mr.S.S.Jadhavar, advocate for Respondents. CORAM: R.M.BORDE, J. DATE : 03rd July, 2009. P.C.: 1 This is an application seeking leave to file appeal against the order of acquittal dated 31.07.2007, recorded by Additional Sessions Judge, Ahmednagar, in Sessions Case No.27/2007. 2 The allegations against accused-Respondents herein are in respect of commission of offence punishable under Sections 498A & 306 read with Section 34 of the Indian Penal Code. 3 Marriage of deceased Anita was solemnized with accused no.1 some three years prior to the alleged incident and one issue was born out of the wedlock to the couple, Accused no.2 is father of accused no.1, whereas accused no.3 is his mother. It is alleged that after 2 solemnization of marriage, deceased Anita was properly treated for a period of one year. However, thereafter there was illtreatment to her at the hands of accused on account of demand of balance of dowry amount. It is stated that an amount of Rs.30,000/- was to be paid towards dowry at the time of solemnization of marriage, however, an amount of Rs.29,000/- was paid and there was balance of Rs.1000/- to be paid by the complainant. On account of demand of Rs.1000/-, which was not paid, there was illtreatment meted out to Anita. 4 It transpires from record that accused no.1 was staying for some time along with Anita at Pune and used to do job of repairing submersible pumps. Accused no.2 is a tailor. Accused also possessed agricultural land. There was no reason for the accused to cause illtreatment on account of demand of Rs.1000/-. It is the defence of accused that Anita was insisting accused no.1 to stay at Pune, separately from the family, whereas accused no.1 was not in a position to shift to Pune. As such, she was not happy. On the insistence of Anita, accused no.1 stayed at Pune and worked there for some time. The financial condition of accused persons was definitely better than complainant- father. The evidence of prosecution witnesses in respect of illtreatment meted out to deceased Anita is deficient in material particulars. The trial Court, in such circumstances, took a view that the prosecution has failed to prove the case beyond reasonable doubt and as such, directed acquittal of the accused. The view adopted by the trial Court appears to be reasonable and based on proper appreciation of evidence placed on record. Merely because some other view is also possible in the facts and circumstances of the case, is not a ground for causing interference in the 3 order of acquittal. Appeal is devoid of any merit. 5 Hence, application tendered by the State seeking leave to file appeal, stands rejected. Consequently, appeal also stands dismissed. (R.M.BORDE) JUDGE ******* adb/criappln418407