Dattatray Dada Bhosale v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.114 OF 2025 Dattatray Dada Bhosale .... Appellant V/s.

State Of Maharashtra And Ors .... Respondents ---- Ms.Alfiya Shaikh a/w Mr.Yash Kamble i/b Mr.Visahl Kolte, for the Appellant.

Mr.H.J. Dedhia, APP, for the Respondent-State. by NILAM SANTOSH KAMBLE Date: 2025.11.26 10:01:12 +0530 NILAM SANTOSH KAMBLE ---- CORAM : R.M. JOSHI, J.

DATE : 25th NOVEMBER 2025 P.C:- .

This Appeal is preferred against acquittal of accused recorded by the Trial Court by passing judgment and order dated 16th November 2024 in Sessions Case No.611 of 2013. 2.

The facts which leads to the filing of this Appeal can be narrated in brief as under:- It is case of the prosecution that, the informant Dattatray i.e. father of deceased Kaushalya lodged report to the Police stating that, his daughter married with Accused No.1 on N.S. Kamble page 1 of 4

20th November 2018 and thereafter the started co-habitation with her husband and mother-in-law at matrimonial home. It is claimed that, for a month she was treated properly, later on however they started asking her to bring Rs.2 lakhs for purchasing a house at Pune. It is alleged that, she was harassed, beaten for non-fulfillment of the said demand. 3.

Investigation carried out in the said crime culminated into filing of charge-sheet. Accused denied the charge before the Trial Court. The prosecution sought to prove the charge by examining witnesses.

4.

The learned Trial Court did not find the evidence led by the prosecution sufficient to prove the guilt of the Accused beyond reasonable doubt and hence acquitted the accused. Hence this Appeal.

5.

The learned counsel for the Appellant submits that, the evidence of the informant is sufficient to indicate that, there was harassment caused to the deceased and the same driven deceased to commit suicide. She drew attention of this Court to the chit left behind by the deceased which according to her N.S. Kamble page 2 of 4

indicates that, the reason for committing suicide is only the harassment on the part of the husband.

6.

Perusal of the record indicates that, the case of the prosecution is with regard to the harassment caused to the deceased for non-fulfillment of the demand of Rs.2 lakhs. Insofar as the said demand is concerned, except for uncorroborated oral statement of the Informant Dattatray there is no other evidence to support the same. Pertinently the chit of the deceased also does not indicate any such demand being made and she being harassed by husband for the purpose of the not meeting the said demand. Even if the statements made there in are accepted as it is the same do not indicate that there was any act intended by husband to drive/compel her to commit suicide. This becomes more relevant in view of the fact that deceased was staying at her parental home for a period of about eight months prior to commission of suicide.

7.

The learned Trial Court has dealt with the said issue in detailed in paragraph No.32 of the judgment. The findings recorded by the Trial Court are in consonance with the evidence N.S. Kamble page 3 of 4

on record. The law on the point of interference in a judgment of acquittal is settled that unless the Trial Court has ignored the material evidence on record which is sufficient for conviction of Accused or the findings of Trial Court are so perverse that the same has led to miscarriage of justice. Having regard to over all facts of the case, this Courts finds no substance into the challenge to the judgment impugned of acquittal of the Accused. Hence, Appeal shall stands dismissed.

8.

All pending Applications are disposed of.

(R.M. JOSHI, J.) N.S. Kamble page 4 of 4