1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.19 OF 2011 The State of Maharashtra .Applicant V/s. Gangadhar Ranba Kadam & ors .Respondents Smt.S.V.Sonawane, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 1ST DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of the respondents for the offences punishable under Sections 306, 504, 506 read with Section 34 of the Indian Penal Code by the learned Additional Sessions Judge, Malegaon, District Nashik. The learned APP submitted that the respondents had created such a situation that the victim Vishnu 2 had no other alternative but to commit suicide. Therefore, the respondents must be held guilty for the offence punishable under Section 306 of the Indian Penal Code. Facts which are correctly re-counted by the learned Additional Sessions Judge according to the learned APP, are as under :- Complainant, Pandurang is resident of Visapur, Tal. Yeola. He resided there with his sons, wife and other family members Deceased Vishnu was his son. All the accused also resided at Visapur and accused No.4, Anita is daughter of accused, Gangadhar. Anita had remained pregnant and was unmarried and therefore was staying at Manmad. She delivered mail child. However, thus news appeared in one local newspaper. Due to it, there was discussion in village Visapur about it. All the accused started alleging that deceased Vishnu was father of the child. On 08.08.2005, Complainant Pandurang as well as accused filed complaints at the police station against each other about it. Police called Pandurang and asked him to call Vishnu from Pune, where he was serving at that time Vishnu came to the village on 21.08.2005 and went to police station on 22.8.2005, accompanied by his friend Ganesh. All the accused were present in the police station. They threatened deceased Vishnu and warned him that he will have to marry Anita and otherwise they would kill Vishnu or his family 3 members. They forcibly took him to Manmad and to Yeola and forcibly got two stamp papers executed from him, admitting therein paternity of the child by Vishnu. They then also forced deceased Vishnu to marry in a Ganesh temple. Vishnu was then left at the village at night. On the next days, he was again called to police station and then he went to Pune. All the accused also left Anita and her child to the room of deceased Vishnu at Pune warning Vishnu to treat her properly. After about 4 to 5 days, Vishnu returned to village and committed suicide below running train. A chit was found on his clothes, in which deceased alleged that he had committed suicide due to threats by the accused and due to forcibly being married with Anita and that all the accused were responsible for his suicide. Suicide was committed on 01.09.2005. 3. The chit itself mentioned that the victim was committing suicide because he was forced to marry Anita. He stated that he agreed for the marriage as he was afraid for the life of his father and service of his brother. The victim stated that he never had any love affair and was not father of a child. The chit mentioned that the respondents were responsible for his suicide. It also stated that he had 4 love affair with one Shital alias Rani, who was related to him and he was engaged to her. The learned Additional Sessions Judge held that even if the allegations by the accused about the victim being the father of Anita's child were false, still it could not be said that the respondents had provoked or instigated the victim to commit suicide. View taken by the learned Judge cannot be said to be perverse or improbable. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)