12-als-134.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPLN FOR LEAVLE TO APPEAL (STATE) NO. 134 OF 2017
The State of Maharashtra … Applicant
Versus
Sandip Shankar Sawant and Ors. … Respondents
Mr. F.R.Shaikkh, APP for the State.
None for the respondents.
CORAM : B.P. DHARMADHIKAKRI
SARANG V. KOTWAL, JJ.
DATE : DECEMBER 20, 2018
P.C.:
Learned APP initially sought time to go through the entire
record and pointed out that the matter has suddenly come on
board. When his request was rejected he has assisted the court.
2. After hearing him, we find that the witnesses examined by
the prosecution to bring home the charge under 498A, 304B, 306
happened to be relatives of deceased and they speak of events in
the year 2008 and 2009. The deceased was staying separate from
her husband since 2010 and she has committed suicide on
03/12/2012 at 12.15 p.m. The suicide is in the house of
accused no.1.
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12-als-134.2017.odt
3. Amongst other things, the trial court has also taken a note of
the fact that before committing suicide at 5.30 am, she had called
her mother and enquired about the health of the parents. She has
left a suicide note in which she has expressly mentioned that
nobody from her husband’s side should be held responsible.
4. In this situation, taking overall view of the matter, we do not
find any perversity in the judgment of acquittal. No case is made
out. Hence, Application is rejected.
(SARANG V. KOTWAL, J.) (B.P. DHARMADHIKARI, J.)
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