(1) CRI.APP. 509.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.509 OF 2010 The State of Maharashtra, Through Sow. Padmin Arun Pisal, Age : 45 years, Occu.: Agri., R/o Weeda, Tq. Kaij, District Beed .. Applicant VERSUS 1. Venkat Tatyaram More 2. Ashruba Venkat More 3. Pandit @ Dadasaheb Venkat More 4. Kaushalyabai Venkat More .. Respondents Mr. B.J. Sonawane, APP for the applicant-State Mr. B.A. Dhengle, Advocate for the respondents ... CORAM : V.R. KINGAONKAR, J. DATED : 6TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application seeking leave to Appeal against the judgment and order of acquittal rendered by the Sessions Court in Sessions Case no. 46 of 2008, whereby the respondents have been acquitted for offence punishable under section 498-A and 306 r/w. 34 of the Indian Penal Code. 2. Report was filed by mother of deceased Archana. The marriage between deceased Archana and (2) CRI.APP. 509.2010 respondent no.2 was performed before about three years of her death. She was residing with the respondents in the common house situated at village Sarola (M). It was alleged that the respondents were demanding Rs.50,000/- for purchasing a tractor vehicle. On her failure to fetch such amount she was being harassed and ill treated and subjected to matrimonial cruelty at their hands. She had disclosed about the matrimonial cruelty at hands of the respondents and the unlawful demand made by them to her paternal uncle who had visited her house at the time of Nagpanchami festival. When her brother had gone to the house of the respondents to fetch her, they refused to send her. On 7.6.2007, her father-in-law informed the parents of Archana that they shall visit his village because Archana was unwell. After they visited the village, they noticed dead body of Archana which was floating in a well situated in agricultural land of the respondent no.1 (husband). They attended the enquiry during the course of A.D. registered on the report of the respondent no.1. Subsequently report was lodged by (3) CRI.APP. 509.2010 the mother i.e. PW Padmin. Upon investigation into the report, the respondents were charge-sheeted for the offences as stated before. 3. Having heard learned APP and learned Advocate for the respondents, it appears that the prosecution examined only the closely related witnesses. The incident referred by the witness, who is maternal uncle of deceased Archana is said to have occurred prior to about one year of the alleged incident of her death. The Sessions Court noticed certain material discrepancies in the statement of said witness i.e. PW2 Dadarao. It was found that his version is not credit-worthy in view of embellishments and subsequent variations made by him. So also, the trial Court noticed that PW 3 Sakharam (maternal uncle of deceased Archana) vaguely stated about the demand and the ill treatment. What appears from the record is that the well in question is situated in the agricultural land and there was a basket loaded with clothes which were purported to be washed. The circumstances found at the spot (4) CRI.APP. 509.2010 indicated, prima facie, that deceased Archana might have gone to the well for washing of the clothes. 4. It is submitted by learned APP that there were steps inside the well and, therefore, ordinarily accidental death could not have occurred. One cannot be oblivious of the fact that the incident occurred in the month of June, 2007 during rainy season and, therefore, probability of the steps being slippery due to rainfall or growing of the small plants around it cannot be ruled out. No prior complaint was lodged by deceased Archana or the parents of Archana. 5. Under these circumstances, the impugned judgment of acquittal cannot be regarded as prima facie assailable. Application is therefore dismissed and the leave to Appeal too is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp