1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3913 OF 2007 IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra..... ... Applicant. Versus Santosh Narayan Gavade & Ors. ... Respondents. Mrs. A. M.Mane for the Applicant. None present for the Respondents. CORAM : BILAL NAZKI and S. A. BOBDE, JJ. DATED : 17TH JANUARY, 2008. P.C.: This is an appeal against the order of acquittal of the accused persons passed in Sessions Case No.33 of 2006 by Adhoc Addl. Sessions Judge, Satara. The accused were tried for offences under Sections 302 r/w 34, 304-B r/w 34 and 498-A r/w 34 of the Indian Penal Code. There was no direct evidence in the case and the prosecution tried to establish its case on the basis of circumstantial evidence. 2. The evidence was produced by the prosecution to canvass before the Court that the matrimonial relation between the deceased and her husband, who is one of the accused, was not good and she was being 2 treated with cruelty for the purpose of dowry as a consequence of demand of dowry. This evidence is not believed by the learned Sessions Judge. According to the medical certificate death was homicidal and the body which was found in the well was carrying certain injuries. Even if it is accepted that the deceased was being treated with cruelty by her husband and in-laws and that her death was homicidal, even then a link is missing as to whether the accused were responsible for causing injuries to the deceased which resulted in her death. As the most important link is missing, court would not presume that because of cruelty and because of homicidal death certain persons were responsible for the death of the deceased. For this reason, we do not find this to be a case for grant of leave to file appeal against acquittal. 3. Application is, accordingly, dismissed. Sd/- (BILAL NAZKI, J.) Sd/- (S. A. BOBDE, J.)