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2022 Supreme(Online)(Bom) 517

HIGH COURT OF BOMBAY
ANIL S. KILOR, J
Vitthal Rambhau Chaudhari – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Ms Parita N. Lakhani
For the Respondents: Shri S.D. Sirpurkar, Shri R.D. Khapre

Table of Content
1. facts leading to suicide of deceased and initial allegations. (Para 4 , 5 , 6 , 8)
2. appellant's argument regarding the trial court's findings. (Para 10 , 11 , 14)
3. legal standards defining abetment and requirements for evidence. (Para 17 , 19 , 22 , 23)
4. conclusion on acquittal and insufficient evidence for appeal. (Para 32 , 33)
ORAL JUDGMENT :

1. Heard.

2. Admit.

3. In this appeal filed under Section 372 of the Code of Criminal Procedure, a challenge is raised to the judgment and order passed by the learned Additional Sessions Judge, Washim in Sessions Trial No.27/2016 dated 23/05/2019 acquitting the accused Nos.1 and 2/ respondent Nos.2 and 3 for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

4. It is the case of the prosecution in brief that on 10/03/2015, one Sandip Vitthal Chaudhari committed suicide by jumping into the well. One Shankar Rambhau Chaudhari-PW-1, who is the uncle of the deceased lodged a report about accidental death and hence, Marg No.10/2015 was registered under Section 174 of the Criminal Procedure Code.

5. While doing inquest panchanama, a suicide note was found in a plastic pouch in the pocket of

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