1 appln 5273 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5273 OF 2010 The State of Maharashtra .. Applicant -versus Shailaja Vasant Kore and anr .. Respondents. Mrs. M.M. Deshmukh, APP for the Applicant State. CORAM: R.C. CHAVAN, J. DATED: 9th June, 2011 P.C. 1. This is an application for leave to file appeal against the judgment of acquittal of respondent for the offence punishable under Section 498-A and 306 of the Indian Penal rendered by the Ad Hoc Additional Sessions Judge Sangli. The victim was married to respondent No.2 on 8th July, 2007. She resided with the respondent No.2 happily for about 3 months at Mumbai where respondent No.2 had a job. Thereafter he lost his job and shifted to Khanapur, his native village. It was alleged that for want of the job, he was frustrated, used to drink and beat up his wife. Ultimately on 27.6.2009, victim committed suicide by hanging herself. The evidence tendered shows that the victim's brother deposed that the respondent had demanded a sum of Rs.10,000/- for starting some business. Even if this demand, which the learned Judge has refused to believe, is taken as proved it was not a demand for 2 appln 5273 of 2010 dowry, but the demand by accused was to set up some business so that he could earn his livelihood after loss of job in Mumbai. Though it is unfortunate that the victim committed suicide by hanging herself, it cannot be said that the respondent No.2’s beating the victim by consuming liquor or respondent No.1’s taunting her that since her husband- respondent No.2 did not earn anything how she could be provided with food could be treated as cruelty which provoked the victim to commit suicide, in the context of the fact that the parties resided together first for three months and only after respondent No.2 lost his job, for no reason other than frustration bickerings began. The view taken by the learned Judge cannot be said to be perverse or improbable calling for any interference. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)