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Bombay High CourtAPPLN/6428/2014disposed off

The State Of Maharashtra v. Anant Pandurang Acharya And Others

2015-01-15Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A.M. Badar2 pages

Cr.Appln.6428/14 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6428/2014 The State of Maharashtra.

...Applicant..

Versus

Anant Pandurang Acharya / Joshi & others.

...Respondents...

.....

Shri S.G. Nandedkar, APP for applicant - State. .....

CORAM: S.S. SHINDE & A.M. BADAR, JJ.

DATE: 15.01.2015 ORDER :

1] Heard learned APP for the applicant - State. Perused the findings recorded by the trial Court. 2] It appears that the evidence of the prosecution witnesses was inconsistent. Apart from that, the Medical Officer, who was examined by the prosecution, in his evidence, stated that due to explosion of stove, the death occurred. The brother of the husband of the deceased promptly taken the deceased to hospital. The neighbourer was examined, who also stated that there was

Cr.Appln.6428/14 - 2 - no any ill-treatment at the hands of the accused, which would have forced the deceased to commit the suicide. 3] The learned trial Court, after assessing the evidence, brought on record, reached to the conclusion that there was no question of demand of dowry or illtreatment since the marriage of the deceased with accused no.1 was a love marriage. It has also come on record that the deceased alongwith her husband were residing on first floor of the house. Therefore, if the evidence brought on record by the prosecution is considered in its totality vis-a-vis the findings recorded by the trial Court, in our opinion, the findings appear to be in consonance with the evidence on record. A possible view has been taken by the trial Court. There is no ground made out for interference. The application sans merits. Hence, the same is rejected.

(A.M. BADAR, J.) (S.S. SHINDE, J.) ndk/cr151155.doc