Sns 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3131 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 The State ..Applicant. v/s. Sanjay C. Jalla & Anr. ..Respondents. Ms P.P.Shinde, APP for the Applicant/State. CORAM : J.H.BHATIA, J. DATE : 26th September, 2011 PC : 1 Head the learned APP. Perused the impugned judgment. 2 The State seeks leave to prefer appeal against the order of acquittal passed by the Additional Sessions Judge, Thane in Sessions Case No.105 of 2005 for the offence punishable under Sections 498-A, 306, 406 r/w section 34 of the I.P.C. 3 According to the prosecution, Sanjana was married to the accused on 16.2.1997. She died on 31st July, 2004. According to the prosecution, she had committed suicide by consuming poison because of the ill-treatment at the hands of the accused no.1/husband and accused no. 2/mother-in-law. It appears that the Medical Officer could not state with certainty that the cause of death was poison. Stomach wash and vomits Sns 2 were not referred to C.A. and, therefore, there was no evidence to show that she had consumed poison and had died because of poison. F.I.R. itself shows that the prosecutrix had told her father on telephone that she was admitted in the hospital for Gangarene of toe, low blood pressure and jaundice. In view of the circumstances, the trial Court came to conclusion that the prosecution had failed to prove that she had committed suicide by consuming poison. The trial Court also found that evidence was not sufficient to prove cruelty at the hands of the accused. She had died more than seven years after the marriage. Taking into consideration the material discussed by the trial Court in the judgment, I find no substance in the appeal. Therefore, no purpose will be served by granting leave to prefer appeal. 4 Leave to prefer appeal against acquittal refused and the application stands rejected. (J.H.BHATIA, J.)