Bombay High Court
State of Maharashtra
Versus
Ashok Chotelal Shukla
Decided On:

Headnote:Sections 302, 304-B and 498-A =Evidence Act, 1872, Section 113-AConstitution of India, 1950, Article 136-Bride burning-Dowry death-Suicide or homicide-Appreciation of evidence-Conviction by trial Court under Sections 302 and 498-A, IPC-Acquittal by High Court-State appeal against-Accused alleged to have killed his wife in presence of outsiders particularly when he knew that this mother-in-law was to come at that time-Doubtful allegation-Evidence of harassment or cruelty not sufficient to hold that wife deceased was driven to commit suicide-Though there being strong suspicion but that cannot lead to only conclusion that accused caused her death-Reasons for not relying upon two dying declarations as given by High Court not improper-Held, acquittal order of High Court justified-No interference warranted merely on ground that a different view is possible on reappreciation of evidence.

       For Citation : 1998 MCR 373 (SC)