The State Of Maharashtra v. Sanjay Maruti Mule

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPEAL NO. 907 OF 2004 The State of Maharashtra ....Appellant (Orig. Complainant) V/s.

Sanjay Maruti Mule Age 33 years, R/o. Lane No.11, Jaysingpur, Tal. Shirol, District Kolhapur.

....Respondent ---- Mrs. Anamika Malhotra, APP for State.

---- CORAM : K.R.SHRIRAM, J.

DATED : 27th NOVEMBER 2020 ORAL JUDGMENT :

1.

This is an appeal against the impugned order and judgment dated 31st March, 2004 passed by the 2nd Ad-hoc Assistant Sessions Judge, Kolhapur acquitting the accused of offence punishable under Section 306 and 498 - A of the Indian Penal Code. With the assistance of learned APP, I have perused the impugned judgment and Record and Proceedings. Admittedly, the prosecution has produced a chit dated 25th January, 2003 (Exh.18). It is the suicide note of deceased. The hand writing in the suicide note has been compaired with the letter written by the deceased to the parents and the hand writing expert has opined that writing and signature in the suicide note and the letter is of one and the same person. The prosecution produced the said suicide note and supported the same. In Exh.18 the deceased has not made any allegations against the accused regarding ill treatment or demand. The deceased has stated in Exh.18 that Purti Parab

2/2 5 Appeal 907--2004.doc she is committing suicide on her own since she has cancer and nobody is responsible for her suicide.

2.

There are various other grounds based on which the Trial Court acquitted the accused. For the sake of brevity, I am not going into all these details, suffice to say that I agree with the views expressed by the Trial Court. In the circumstances and as specifically stated by the learned APP there is no merit in the appeal.

3.

Appeal dismissed.

(K.R. SHRIRAM, J.) Purti Parab