1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4395/2009 The State of Maharashtra Applicant Vs. Eknath Narayan Ghag and Ors. Respondents Mr.A.S.Shitole,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 6th October,2009 P.C. . This is an application for leave to file appeal against the judgment and order of acquittal dated 6/5/2009 passed by the learned Additional Sessions Judge-1 Vasai acquitting the respondents of the offences punishable u/s 306 of the Indian Penal Code and 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 . 2] The deceased appointed as a lecturer in one college was mentally harassed by the accused persons. So he consumed poison and succumbed to death. It was submitted by the learned A.P.P. that the deceased was harassed by the respondents/accused in various manners viz. they did not release his salary in time ,allotted more working hours, made false allegations of loss of 30 answer sheets and because of this mental torture he consumed poison .He has given oral dying declaration to one of the 2 colleagues who is examined as P.W.9 and he has supported the case of the prosecution. It is submitted that the Judge has not given the due weightage to this dying declaration and acquitted the respondents. 3] It is the most unfortunate incident . However, the prosecution did not bring on record the nature of the harassment or torture which should be such severe that any prudent man is unable to bear such torture and,therefore, he is driven to commit suicide. The dying declaration which was immediately made to P.W.9 disclosing the cause of his death and pointing a finger of accusation towards the accused holding responsible for his death, though accepted as it is ,the Court has to consider objectively whether such a high degree of harassment existed there or not.The cause of death may be subjective assessment or opinion in respect of the treatment given to him. However, while assessing such torture as a cause of death the Court should take objective view by applying the theory of prudent man . Hence no illegality is found in the said order passed by the learned Sessions Judge. Leave rejected. Application is dismissed. (MRS.MRIDULA BHATKAR,J.)