-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1324 OF 2008 APPLICATION NO. 1324 OF 2008 APPLICATION NO. 1324 OF 2008 The State of Maharashtra. ... Applicant. V/s. Pandurang Gulab Mulik & Ors. ... Respondents. Mr. P.S. Hingorani, A.P.P. for the State. None for the Respondents. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 05TH MAY, 2008. : 05TH MAY, 2008. : 05TH MAY, 2008. P.C. P.C. P.C. : : : . We have heard the learned A.P.P. and also considered the judgment. The Respondents were charged for the offence punishable under Section 498-A read with 34 as also 302 read with 34 of I.P.C. 2. All the Respondents have been acquitted for the offence punishable under Section 302 read with 34 of I.P.C. Respondent No.2 is the brother of Respondent No.1 who was the husband of the deceased and Respondent No.3 is the cousin of Respondent No.1. 3. After considering the evidence, in our opinion the learned Trial Court was right in acquitting Respondent Nos. 2 and 3 of the charges under Section 498-A as also 302 of I.P.C. Hence, the application for leave to appeal against Respondent Nos.2 and 3 is rejected. -:2:- 4. The Respondent No.1 is convicted for the offence punishable under Section 498-A of I.P.C. but has been acquitted for the offence punishable under Section 302 of I.P.C. Prima-facie we are of the opinion that the prosecution has led evidence disclosing an offence punishable under Section 302 against Accused No.1. 5. In the light of the above, application is allowed in so far as Respondent No.1 is concerned. 6. Appeal is admitted against Respondent No.1. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)