LAWS(BOM)-2008-6-269

STATE OF MAHARASHTRA Vs. ARVIND DATTATRAY LONDHE

Decided On June 24, 2008
STATE OF MAHARASHTRA Appellant
V/S
ARVIND DATTATRAY LONDHE Respondents

JUDGEMENT

(1.) THE Applicant State of Maharashtra has preferred this application for leave to file appeal against the Judgment and Order dated 29-8-2006 passed by the VII Ad-hoc Additional Sessions Judge, Solapur in Sessions Case No.28 of 2005. By the said judgment and order, the learned Sessions Judge acquitted the respondents-original accused of the offences under sections 306, 504, 506 read with section 34 of the Indian Penal Code.

(2.) THE prosecution case is that deceased Manohar had taken a loan of Rs.50,000/- from accused no.1-Arvind and Rs.10,000/-from accused No.3-Pramod for purchasing a truck. All the three accused were demanding that the deceased should repay the loan amount and they were abusing him and beating him on that count. On account of this, the deceased committed suicide on 7-10-2003 by hanging himself.

(3.) P .W.No.3-Satyasheela is wife of deceased Manohar. She stated that accused persons used to come to her house for demanding money and they used to abuse and beat her husband. It is pertinent to note that the said witness has neither specifically stated as to when the accused persons came to her house and abused and beat her husband nor she stated the last date on which the accused persons came to her house and abused and beat her husband. In such case, it is difficult to ascertain whether there was any proximity between act of the accused persons and the act of Manohar of committing suicide.