1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL REVN. APPLICATION NO.: 172 OF 2008 Vikram Bhau Latpate, Age: 50 years, Occu.: Agriculture, R/o Bavi, Tq. Ashti Dist. Beed. ... PETITIONER [ORIG.COMPLAINANT] VERSUS 1. Santosh S/o Haribhau Garje, Age: 28 years, Occu.: Driver, R/o Bavi Tq. Ashti Dist. Beed. 2. Haribhau S/o Vithal Garje, Age: 70 years, Occu.: Agriculture, R/o Bavi, Tq. Ashti Dist. Beed. (Died). 3. Sanjay S/o Haribhau Garje, Age: 20 years, Occu.: Agriculture, R/o Bavi, Tq. Ashti Dist. Beed. 4. Sau. Parubai W/o Haribhau Garje, Age: 65 years, Occupation and R/o as above. 5. Sau. Shardabai W/o Maruti Khade, Age: 30 years, Occu.: Household, R/o Doithan, Tq.Ashti Dist. Beed. 6. The State of Maharashtra. (Copy served on PP Bombay High Court, Bench at, Aurangabad). ... RESPONDENT/ [RESPDT.NOS.1 TO 5 ORIG. ACCUSED]. *** Mr. S. R. Kedar, Advocate for the Applicant. Mr. V. M. Chate, Advocate for Respondent Nos.1, 3, 4 and 5. Respondent No.2 dead. 2 Mr. S. G. Nandedkar, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 12th OCTOBER, 2009. ORAL ORDER: 1. Heard. Rule. By consent of the parties, matter is finally disposed of at admission stage. 2. The acquittal recorded in Sessions Case No.37 of 2007 dated 23rd June, 2008 by Additional Sessions Judge- II, Beed, for an offence under section 498-A, 306 and 304- B read 34 of IPC, is questioned by the complainant. 3. The factual matrix, not in controversy, is Aruna, the deceased, married to Santosh on 27th May, 2005 and thereafter the incident dated 25th November, 2006 has taken place when Aruna committed suicide by inhaling poison in the agricultural field. It is alleged that there were persistent demands prior to one year of the incident and particularly at the time of Diwali festival, from the accused for the balance dowry amount of Rs.21,000/, as Rs.30,000/- was already paid. The behaviour for initial six months was cordial with the deceased Aruna and thereafter the ill- treatment by the in-laws. 4. The death of Aruna is not in question. In order to bring home the guilt against the accused, the prosecution has put in seven witnesses. 5. The observation of the learned Judge that Aruna's husband most of the time was staying at Mumbai on account of his joining vocation, is not in controversy. It is a 3 fact that Aruna for such duration stayed at the matrimonial home at village Bavi, Taluka Ashti. The learned Judge found if indeed there were any incident of ill-treatment or harassment, obviously there were no reasons for the parents to allow the victim to stay with in-laws at the village. The peculiar situation that the learned Judge found was, there was no such assurance from the in-laws that they would not harass the victim or that they would not demand the remaining so called dowry amount of Rs.21,000/-. No witness from the vicinity, supported the prosecution case of ill-treatment. There was no such eventuality in close proximity of death of said Aruna exhibited that indeed the harassment reached its peak, making life to said Aruna un- tolerable and to end herself. Indeed the learned Judge found that Aruna was not happy at the house of the accused, since her husband was residing at Mumbai, she had put her grievance to her parents and she was in a depressed mental state. The observations of the learned Judge that there was no ill-treatment and the benefit of section 113-A and 113-B of the Evidence Act cannot be coined in the fact situation need not be questioned. No mistake in appreciation of evidence. No interference in order of acquittal. Revision dismissed. Rule discharged. [K. U. CHANDIWAL, J.] Dated:12/10/2009. ans/172 4 CRIMINAL REVISION APPLICATION NO.: OF 2009 Date of decision: 12th OCTOBER, 2009. For approval and signature THE HONOURABLE SHRI JUSTICE K. U. CHANDIWAL. . Whether Reporters of local papers ... Yes may be allowed to see the judgment? . To be referred to the Reporter or not? ... No . Whether Their Lordships wish to see ... No the fair copy of the judgment? . Whether this case involves a substantial ... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? . Whether it is to be circulated to the ... No Civil Judges? . Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE