1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.2516/2008 In Criminal Appeal No.423/2008 [State of Maharashtra .vrs. Gajanan Sahadeo Bharti and another] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................. ..................................... Mr. K.S. Dhote, APP for the appellant/State. .......... Coram : R.C. Chavan, J. Dated : 13 th January, 2009. Heard the learned APP for the appellant/State. This is an application for leave to file appeal against the judgment of acquittal of the respondents rendered by the learned Additional Sessions Judge, Achalpur in Sessions Trial No.70/2008. The victim was a Nurse. Respondent no.1, her husband, was Police Constable attached to Police Station, Achalpur and used to visit her. The parties had a marital discord and respondent no.1 used to 2 illtreat the victim because of his illicit relations with accused no.2 and was the cause of commission of suicide. Neighbours of the victim, who were examined as PW Nos.3 to 6 did not support the prosecution case. Only witnesses to support are PW 1 brother and PW 2 Motiram who reside far away from the parties in a different village. In view of this, it cannot be said that the conclusions drawn by the learned Additional Sessions Judge, Achalpur, that the prosecution has failed to prove cruelty on the part of the respondents to the victim or their abetting in victim's committing suicide, cannot be said to be perverse or untenable. Leave to file appeal is refused. Appeal dismissed. JUDGE Gulande