1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Appeal No. 443 of 2005 The State of Maharashtra Appellant V E R S U S 1. Govardhan s/o Ramrao Ghodke, Aged 58 years, 2. Jayram s/o Atmaram Ghodke, Aged 44 years, 3. Rajvardhan s/o Govardhan Ghodke, Aged 30 years, 4. Shivram s/o Atmaram Ghodke, Aged 30 years, 5. Bapurao s/o Vitthalrao Ghodke, Aged 28 years, 6. Vishnu s/o Bandu Nevade, Aged 23 years, All are agriculturists and resident of Laladgaon, Taluka and District Beed. Respondents Mr. T.S. Lodhe, APP for the respondent / State Mr. M.P. Gondle, Adv. h/f Mr. S.S. Thombre, Advocate to assist APP Appeal abated against respondent No.1 Mr. M.A. Tandale, Advocate for respondents No. 2 to 6 CORAM : A.V. NIRGUDE, J. DATED : 31st August, 2010 ORAL ORDER : 1. The application is moved by the State of Maharashtra seeking leave to file appeal under Section 390 of Code of Criminal Procedure. The appeal is sought to be filed against the Judgment and order passed by the learned Sessions Judge, Beed, in Sessions Case No. 126 of 2004 acquitting the respondents of the offence punishable under Section 306 read with 34 of the Indian Penal Code. 2. The prosecution case is, deceased Bhagwat had written the name of Varsha, who was daughter of respondent No.2 on a public road with love signs. When this came to the notice of the 2 respondents, they came to the cattle-shed of the deceased Bhagwat and his father and they abused and assaulted Bhagwat for mischievously writing the name of Varsha on the public road. This upset the deceased, and after three days, on 17th July, 2004, he committed suicide. Although the learned Judge of the trial Court disbelieved the incident of 14th July, 2004, even though the incident is proved, it would not amount to an act of abetment for the suicide, which the deceased committed after three days. There is nothing on record and it is not the case of the prosecution that between 14th July and 17th July further incidents took place, where the respondents further instigated the deceased to commit suicide. So, this is not a case where the prosecution could have proved the offence punishable under Section 306 of the Indian Penal Code against any of the respondents. The impugned Judgment cannot be disturbed. Leave to file appeal is refused. ( A.V. NIRGUDE, J. ) srm/criapl/443/05/31810