1 APEAL 195 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.195 OF 2011 Dhananjay Rama Utekar .. Appellant. -versus Smita Pankaj Utekar and ors .. Respondents. Mr. Mohan R. P. Rao, for the appellant. Mr. K. V. Saste, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 8th November, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent, ordered by the learned Additional Sessions Judge, Alibag, for the offence punishable under sections 498-A, 306 of the Indian Penal Code. The applicant is the father of victim Pankaj. Pankaj was married to accused Smita on 30th April, 2005. He committed suicide in a lodge at village Axi on 22nd March, 2006. Even according to applicant, respondent Smitha had left the matrimonial home on 16th March, 2006 for Pune because there was some Pooja at her sister’s house, disregarding her husband’s advise to move on 18th March. Victim himself had left on 20th March, stating that he had examination at Pune and then he committed suicide on 22nd March, 2006. Learned counsel for the applicant states that the respondent Smita had been harassing the 2 APEAL 195 OF 2011 victim. He also referred to a Chit left by the victim. In the chit, the victim advised his wife that there is only one husband. Learned counsel for the applicant points out from the evidence of P.W.10 Dr. Vijaya Rabde, that Smita Utekar had been to her hospital for termination of her pregnancy possibly without the consent of husband. Even if all this is taken as proved, it does not amount to abetment to commit suicide. Learned Judge cannot be faulted for acquitting the respondents. The view taken is neither perverse nor improbable. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)