1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) No. 762 of 2011 IN CRIMINAL APPEAL NO. OF 2011 STATE OF MAH. THRU. P.S.O., P.S., ANJANGAON SURJI, DIST. AMRAVATI. VERSUS DEORAO JANUJI THAKRE AND ANOTHER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. S. Nayak, A.P.P. for the applicant/State CORAM : P.V.HARDAS AND P.B. VARALE, JJ. DATE : 29th NOVEMBER, 2011. By this application, the applicant-State seeks leave to file an Appeal against the judgment of the Additional Sessions Judge, Achalpur, dated 25th August, 2011 in Sessions Trial No.26/2010, acquitting the respondents/accused for the offence punishable under Sections 498-A and 307 read with Section 34 of the Indian Penal Code. The prosecution had alleged that the accused/respondents had forcibly administered poison to P.W.3 Sunita Thakre on 01.06.2007 at about 5.30 p.m. The prosecution had examined P.W.3 Sunita Thakre, who had stated that the bottle containing poison was handed over by accused no.3 to accused no.4. Accused no.3 had caught the hair of Sunita and accused no.4 had forcibly poured the poison in the mouth of P.W.3 Sunita. P.W.3 Sunita 2 was admitted in the hospital on 03.06.2007. Her statement came to be recorded by the Executive Magistrate. Unfortunately, the Executive Magistrate has not been examined. The First Information Report came to be lodged on 05.06.2007 by P.W.1 Uddhavrao Dalu, the father of P.W.3 Sunita, alleging the commission of the offence punishable under Section 307 of the Indian Penal Code. The trial Court, upon appreciation of the evidence, found that the principal allegations made by P.W.3 Sunita, were by way of omissions in prevision statement. The trial Court, therefore, declined to place any reliance on the evidence of P.W.3 Sunita. The trial Court ultimately recorded a finding that it was probable that Sunita had attempted to commit suicide because money had not been given to her. Even the Investigating Officer at paragraph 4 of his evidence, has admitted that during the investigation, it revealed to him that Sunita in the presence of lime traders had attempted to consume poison. In such circumstances, therefore, the trial Court extended the benefit of doubt and acquitted the accused/ respondents. We have heard Mr. Nayak, the learned Additional Public Prosecutor for the applicant/State in support of the various grounds urged in the present application. We have also perused the evidence, which has been annexed by the learned A.P.P. to the present application. Upon such perusal, we find that 3 there is no perversity in the reasoning of the trial Court and the view taken by the trial Court to be a possible view taken on the basis of the evidence on record, we, thus, see no merit in the application and the application is accordingly dismissed. Leave refused. JUDGE JUDGE Diwale