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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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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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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