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Appa Ramchandra Savkar And Anr vs The State Of Maharashtra on 15 April, 2019

3.Revn.458_2018.doc

Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL REVISION APPLICATION NO. 458 OF 2018

Appa Ramchandra Savkar Anr. … Applicants
vs.
The State of Maharashtra Anr. … Respondents

Mr. Shekhar Jagtap i/b. Mr. Jitendra M. Pathade, Advocate for the
applicants.
Mr. Ajinkya J. Jaibhave, Advocate for respondent No. 2.
Mrs. M.R. Tidke, APP for the respondent/State.

CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 15th April, 2019

P.C. :

The applicants/accused, who are in-laws of deceased Aarti,

are prosecuted for the offences punishable under sections 304B,

306, 406, 498A, 323, 504, 506 r/w. 34 of Indian Penal Code and

sections 3 and 4 of Dowry Prohibition Act.

2. It is the case of the prosecution that deceased Aarti married

original accused-Gaurav on 2 nd January, 2016 at Nashik. There

was a demand of Rs.5,00,000/- drowy from the accused persons,

who are father-in-law and mother-in-law of the deceased. Aarti

was harassed and tortured by the applicants/accused and they

continued their demand of money and ornaments. The married life

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of Aarti and Gaurav was not smooth and there were continuous

disputes between them. Finally, Aarti committed suicide on 2 nd

April, 2017 at her matrimonial home. Her father gave complaint to

Satpur Police Station, Nashik city and the police registered offence

at C.R. No. 92 of 2017 on the same day for the relevant offences

against the husband Gaurav and father-in-law and mother-in-law,

i.e., accused persons. The applicants/accused have filed the

Application for discharge at Exhibit 23 in Sessions Case No. 237

of 2017 before the Sessions Court under section 227 of Cr. P.C.

However, the learned Sessions Judge, Nashik by his order dated

23rd July, 2018 rejected the said Application. Hence, this Revision

Application.

3. The learned counsel for the applicants/accused drew my

attention to the suicide note and contents in the personal diary

written by deceased Aarti. He submitted that in the suicide note,

no allegations are made against the applicants/accused and the

contents in the diary also does not disclose any incriminating

material against the applicants/accused. He submitted that the

father of the deceased is a practicing advocate at Kolhapur and he

has made cumulating allegations against the applicants/accused.

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He submitted that the quarrels were going on between Gaurav and

deceased Aarti, as there was difference of attitude and

expectations between the couple. He submitted that the

applicants/accused, i.e., in-laws, have no role in the dispute and

they are innocent. No ingredients are revealed from the material

placed by the prosecution before this Court. He submitted that

there was no demand of money from the applicants/accused but

whatever gold was offered, it is given as a gift by the father of the

deceased. He submitted that the applicants have not committed

any offence under the Indian Penal Code.

4. The learned counsel for the respondent No. 2/original

complainant and learned APP opposed the Application and they

relied on the order of the learned Sessions Judge. Learned APP

submitted that the learned Sessions Judge has rightly highlighted

the incidents of demand of drowy of 25 tolas and also cash

amount by the in-laws. She pointed out that the complainant has

gifted 1.05 tolas to the son-in-law and therefore, it is not a case of

discharge.

5. Perused FIR, suicide note, pages in the personal diary of

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Aarti. Prima facie there is evidence to frame charge under the

offence of cruelty and under the Drowy Act. However, there is no

material to frame charge under section 306 of Indian Penal Code.

In order to attract Section 306, there should be specific material of

constituting the offence under section 107 of Indian Penal Code

which constitutes the offence of abatement. In the present case,

there are no such allegations stating that the applicants/accused,

i.e., in-laws, treated the deceased so badly that she took decision

of committing suicide. In support of this, I rely on the judgment of

Hon’ble Supreme Court in the case of Rajesh vs. State of

Haryana in Criminal Appeal No. 93 of 2019 (arising out of SLP

(Cri) No. 8667 of 2016) dated 18 th January, 2019. Paragraph 8

of the said judgment is reproduced below:

“8. Conviction under Section 306 IPC is not
sustainable on the allegation of harassment without there
being any positive action proximate to the time of
occurrence on the part of the accused, which led or
compelled the person to commit suicide. In order to bring
a case within the purview of Section 306 IPC, there must
be a case of suicide and in the commission of the said
offence, the person who is said to have abetted the
commission of suicide must have played an active role by
an act of instigation or by doing certain act to facilitate the

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commission of suicide. Therefore, the act of abetment by
the person charged with the said offence must be proved
and established by the prosecution before he could be
convicted under Section 306 IPC.”

6. I also rely on the the judgment of this Court in the case of

Anagha Hitesh Arya vs. State of Maharashtra in Criminal

Application No,. 57 of 2018 and 435 of 2018 decided on 14 th

December, 2018, reported in Lex(Bom) 2018 12 67.

7. Thus, the applicants/accused are discharged from the

offence under section 306 of Indian Penal Code, however, there is

material to frame charge under other sections.

8. Criminal Revision Application is partly allowed to the extent

of discharge under section 306 of Indian Penal Code.

(MRIDULA BHATKAR, J.)

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