1 188.11 Cri.Appln. IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 188 OF 2011 The State of Maharashtra ... APPLICANT VERSUS Satish S/o Baburao Ronre & Ors ... RESPONDENTS ..... Shri N.H. Borade, APP for the applicant / State Shri S.S. Manale, Advocate for respondent Nos. 1 to 5 ..... CORAM : U.D. SALVI, J. DATED : 23 rd September, 2011. PER COURT : 1. Heard. Perused application and the record. 2. Leave is being sought to prefer an appeal against the Judgment and Order of acquittal of the respondents / accused under Sections 498-A, 306 read with Section 34 of Indian Penal Code, 1860, passed by the learned Sessions Judge, Latur, in Sessions Case No. 58/2007, on 30-09-2010. 3. Three bodies, one of Sangita Ronge, wife of the respondent/ accused No.1, and her two children were noticed, 2 188.11 Cri.Appln. floating in the well water around 3.00 p.m. on 21-04-2007 by the local villagers of Rimni Shivar (Taka), District Latur, and the police were informed accordingly by PW-4-Gundu Shinde, Police Patil of Village Taka vide (Exh. 80). Inquest was held over the bodies. Spot Panchanama was recorded and the bodies were sent for post mortem examination. 4. On next day, father of the deceased PW-1 Pandurang Kohale lodged the complaint regarding matrimonial cruelty and consequent abatement to suicide committed by the deceased with Bhada Police Station. A Crime under Sections 498-A, 323, 504, 306 of the Indian Penal Code, 1860 was registered against the respondents/ accused at Bhada Police Station at Crime No. 17/2007, dated 25-01-2007. Police recorded the statements of the witnesses and got confirmation from mortician regarding the death of the deceased by drowning. The charge-sheet against the accused was lodged, in the Court of Judicial Magistrate, First Class, Ausa, District Latur. The case was committed to the Court of Sessions in due course and the trial commenced with the framing of charges under Sections 498-A, 306 read with 34 of Indian Penal Code, 1860, vide charge (Exhibit 51) before Adhoc Additional Sessions Judge-2, at Latur. 3 188.11 Cri.Appln. 5. The prosecution examined PW-1-Pandurang Kohale, father of the deceased PW-2-Manisha Kohale, PW-3-Ranjana Yadav, sister of the deceased, PW-4-Gundu Shinde, Police Patil of village, PW-5 Suresh Patil, Panch, PW-6- Shashikant Dhoke, Investigation Officer. The accused denied their involvement in the crime, and specifically made revelation that the deceased Sangita with one child in her arms and other child following her went towards a stream passing by the said well for answering nature’s call, and the deceased Sangita along with her two children accidentally fell in the well. 6. Learned Trial Court accepted the hypothesis of accidental death on the basis of the oral testimonies as well as the circumstances revealed from the spot panchanama (Exhibit 82). Learned Trial Court also took note of the evidence of PW-2- Manisha, step mother of the deceased, and PW-3 Ranjana, sister of the deceased, who had specifically averred that Sangita was treated well at matrimonial home, and she met her end due to accidental fall in the well. 7. Perusal of the record reveals that the learned trial Court was justified in drawing the conclusion of accidental death of deceased-Sangita, and refusing to yield to the vague allegations of 4 188.11 Cri.Appln. matrimonial cruelty made by the lone witness PW-1- Pandurang Kohale. In the examination-in-chief, he made reference to the still- birth of the child of Sangita due to physical violence. However, in the cross-examination he deposed that his daughter Sangita had delivered a child in hospital at Ausa, on 11-11-2002, and the said child died three days thereafter. He further deposed that the accused No.1 had performed delivery of Sangita at matrimonial home thereafter. His evidence further revealed that Sangita was married in the year 1997 and she died after the period of seven years thereafter. He admitted that he learnt that his daughter died due to accidental fall in the well because of slip of legs. Pertinently, he revealed in the cross-examination that the accused No. 1 had dug two borewells, in his land and his daughter had never complaint about demand of money for digging borewells. He further disclosed that his daughter used to go towards a stream passing by the said well for answering nature’s call. He revealed that due to demise of his daughter and grandchildren, he was depressed and he went to the Police Station accompanied by relations and villagers and lodged report after discussions with his relations and other persons in Police Station. He further denied the suggestions in his cross-examination that complaint was drafted on his say, read over and explained to him. His cross- examination further revealed that, his daughter Sangita never 5 188.11 Cri.Appln. complained to him about any cruelty and monetary demand. All this evidence taken together negatives the prosecution case of matrimonial cruelty leading to suicide committed by the deceased Sangita. 9. The learned trial Court therefore, was not wrong in recording the acquittal of the accused. Leave is, therefore, refused. The Criminal Application No.188/2011 stands disposed off finally. ( U.D. SALVI, J. ) SDM* September-11