In a criminal appeal, the High Court examined whether an acquittal in a 498-A and 306 IPC case was perverse given the motive of financial dispute with victim's sisters appeared more probable than domestic harassment by the mother-in-law. Leave to appeal was refused.
Leave to file appeal refused. Appeal dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2574 OF 2010.
The State of Maharashtra
-Versus-
Shevanti Gopal Mosankar ..Respondent
Mrs. M. M. Deshmukh, APP for the State
CORAM : R. C. CHAVAN, J. DATE : 27th JUNE 2011.
P.C.
very peculiar circumstances. It was stated that the victim's husband had purchased a car by taking a loan from bank and the victim's husband could not repay the loan. Therefore, the car was taken away by the bank. The P.W.1 Sushila does not state about advancing any money to the husband of victim. P.W. 2-Shakuntala states that some amount was advanced by her sister P.W.1 Sushila at the time of purchase of car and that amount was not refunded by the victim's husband and the accused-mother in law used to say if the car was taken away by the authority of the bank from where they should pay the loan borrowed from Sushila. Thus, the probability of victim being frustrated because her husband could not fulfill demands by her sisters for refund of money advanced is greater than the victim's being harassed on demand of money by her mother in law.
3 issues framed by the court
Whether the learned Sessions Judge erred in holding that the probability of suicide due to financial dispute with sisters was greater than domestic harassment by mother-in-law.
Whether the acquittal of the respondent for offences under Sections 498-A and 306 IPC was perverse.
Whether leave to file a criminal appeal against the judgment of acquittal should be granted.
1 provisions across 1 enactments
The State of Maharashtra
Shevanti Gopal Mosankar
R. C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
