1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal APPA No.137/2009 [State of Maharashtra .vrs. Smt. Kamalabai B. Tiwari and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATE : JUNE 29, 2010. Heard Mr. T.A. Mirza, learned APP for the applicant. This is an application for grant of leave to file appeal against the judgment and order dated 13.5.2009 passed by 2nd Ad-hoc Additional Sessions Judge, Wardha in Sessions Trial No.125/2005 acquitting the respondents of the offences punishable under Sections 498-A, 304-B, 302 read with Section 34 of the Indian Penal Code. Having heard the learned APP for the applicant and having perused the record, we find that the view taken by the learned trial Judge for acquitting the respondents cannot be faulted. The learned trial Judge has rightly not placed reliance on 2 two written dying declarations and one oral dying declaration relied upon to prove the complicity relied upon by the prosecution. In our considered view, the view taken by the learned trial Judge is probable and, therefore, we are not inclined to grant leave to file appeal. The application stands dismissed. Consequently appeal is also stands dismissed. JUDGE JUDGE Gulande