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Bombay High CourtAPEAL/1142/2023disposed off

Ganesh Shankar Salunkhe v. State Of Maharashtra And ANR.

2023-11-09Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 28 APEAL 1142-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1142 OF 2023 Ganesh Shankar Salunkhe ..

Appellant

Versus

The State of Maharashtra and anr ..

Respondents WITH CRIMINAL APPEAL NO. 1143 OF 2023 Jeevan Balaso Mane ..

Appellant

Versus

The State of Maharashtra and anr ..

Respondents WITH CRIMINAL APPEAL NO. 1144 OF 2023 Vikas Nathu Salunkhe ..

Appellant

Versus

The State of Maharashtra and anr ..

Respondents ...

Mr.Rahul Dhaygude with Mr.Dipak Jadhav for the appellants. Ms.Shraddha Vavhal with Kapil Zodge for respondent no.2. Complainant is present in the Court.

Mr.S.R. Agarkar, APP for the State.

Mr.Kirankumar Suryawanshi, SDPO Satara city, present. CORAM: BHARATI DANGRE, J.

DATED : 9th NOVEMBER, 2023

2/3 28 APEAL 1142-23.doc P.C:- The complainant who is represented by Advocate Shraddha Vavhal, assertively submit that the deceased, brother of the complainant committed suicide, as he was unable to handle the pressure of the accusations faced by him. She would submit that he was being threatened and even there are video clippings which are recorded to that effect, but when asked, she is unable to produce any such material.

The learned APP Mr.Agarkar has invited my attention to the statement of Gram Sevak who has categorically referred to a complaint filed by a group of villagers addressed to the Gram Panchayat about collection of house tax and water tax. It is alleged that though the tax was paid, they are issued fraudulent receipts and therefore, an inquiry was initiated into the matter.

The deceased was the person, who was assigned with the task of collecting the tax and when he was asked to produce the receipt book, he tendered a duplicate receipt book, which was apparently forged one. It was therefore, realized that he had collected money from people towards tax to be deposited in the Gram Panchayat but the amount was never deposited. Similarly, the charge-sheet compile the statement of the persons who had paid the tax to the deceased to be deposited but which was in fact, never deposited with the Gram Panchayat.

3/3 28 APEAL 1142-23.doc In the wake of the material in the charge-sheet, though it is the case of the respondent no.2 that there is material to prove the deceased innocence, since the Custodial Interrogation is not necessary, as prima facie no case is made out against the present appellant in the complaint for abetting the suicide of the deceased, the order dated 23/10/2023 is made absolute.

( SMT. BHARATI DANGRE, J.)