1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4098 OF 2009 (FOR LEAVE TO FILE APPEAL) IN CRIMINAL APPEAL NO. OF 2009 (AGAINST THE ORDER OF ACQUITTAL) The State of Maharashtra ..Applicant Vs. Sandip Ananda Sathe and Ors. ..Respondents .... Mr.V.B.Konde-Deshmukh APP for State .... CORAM : SMT.RANJANA DESAI AND SMT.V.K.TAHILRAMANI, JJ. DATE : JULY 1, 2010 P.C.: 1 The State of Maharashtra has challenged the judgment and order dated 16.5.2009 passed by the Sessions Court at Kolhapur in Sessions Case No. 94 of 2008. By the impugned judgment, the respondents have been acquitted of the offences under Sections 498-A, 304-B and 306 r.w. 34 of the IPC. 2 We have heard the learned APP for the State at some length. The case of the prosecution is that deceased Seema was married to 2 respondent 1 on 16.5.2006. The respondents illtreated the deceased as they wanted her to bring money from her parents which she could not do. The prosecution alleged that the illtreatment led to the deceased committing suicide. It is also the prosecution case that the respondents are guilty of causing dowry death. On 11.1.2008, the deceased received burn injuries in her matrimonial house. She received 45% burn injuries. She died of the said burn injuries on 8.2.2008. That means, the deceased was alive for a period of about 28 days. The evidence on record indicates that during this period the deceased recovered and she was moving around and talking to people. Surprisingly, she made no dying declaration during this period. Evidence on record establishes that PW 5 Laxman her father also met her. PW 5 Laxman stated that when he inquired with the deceased about the burn injuries, she told him that she would tell him the cause of burns after she recovers, however, till her death, she made no statement to PW 5 Laxman. Thus, there is no dying declaration either written or oral on record. The prosecution has not adduced any evidence to establish that the accused demanded dowry and because dowry was not paid the deceased was illtreated. There is no credible evidence on record to prove illtreatment. 3 In the circumstances, in our opinion, the prosecution has not 3 been able to establish its case beyond reasonable doubt. The view taken by the trial Court is a reasonably possible view which cannot be disturbed in this appeal against acquittal order. Leave refused. Application is rejected. [SMT. RANJANA DESAI, J.] [ SMT. V.K.TAHILRAMANI, J.]