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Vasant Parbat Kolhe vs Balasaheb Dhondiram Mengal And … on 20 November, 2019

1 9.475.19 alp.doc

ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 475 OF 2019

Vasant Parbat Kolhe …..Applicant

V/s.

Balasaheb Dhondiram Mengal and others …..Respondents

Mr. Chetan S. Damre for the applicant
Mr. S. V. Gavand APP for the State

CORAM : NITIN W. SAMBRE, J.

DATE : NOVEMBER 20, 2019.

P.C.

Heard.

2 Respondents were acquitted for offence punishable under

Sections 498A and 306 r/w 34 of the Indian Penal Code by Additional

Sessions Judge, Niphad vide Judgment dated 14/03/2018. As such,

this application for leave to appeal.

3 With the assistance, I have perused evidence brought on record

by the learned counsel for the applicant including that of Post-mortem

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2 9.475.19 alp.doc

report and Panchanama etc.

4 The acquittal of respondent-accused who were booked upon a

complaint lodged by Vasant, father of deceased Sarla is based on

appreciation of evidence of the witnesses i.e. complainant, P.W. 2

Kailas Kolhe examined at Exhibit 33.

5 Accused no. 1 was the only son of his parents and holds 20

acres of agricultural land and is fnancially well of as could be inferred

from evidence on record.

6 The allegation of cruelty are not supported by any specifc

instance but for general allegation. Apart from above, no corroborative

evidence was brought on record so as to substantiate the said

allegation.

7 P.W. 1, initially in his evidence has stated that there was

demand of Rs. 50,000/- which subsequently was increased to 5 to 7

Lakhs.

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3 9.475.19 alp.doc

8 Apart from above, there is delay of about 3 days in lodging F.I.R.

While lodging F.I.R., there is no reference about alleged cruelty and

the story as that of cruelty appears to have been subsequently

developed by way of after thought.

9 In the aforesaid background, the view expressed by the learned

Sessions Court of acquitting all accused is a possible view based on

evidence on record. Merely because witnesses whose statements are

recorded under Section 161 of Code of Criminal Procedure, 1973 are

not examined, that by itself will not give any liberty to

applicant/complainant to claim that the trial was vitiated. Post-

mortem report speaks f cause of death as “Asphyxia due to drowning”

and no external injuries were noticed on the body of deceased.

10 In the aforesaid background, non-examination of medical offcer

or other daughter of the complainant will be hardly of any

consequence. As such, leave stands refused.

[NITIN W. SAMBRE, J.]

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