1 Appln 3677-09 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3677 OF 2009 The State of Maharashtra ..Applicant V/s. Balaji Raghunath Mate & ors ..Respondents Mrs.S.D.Shinde, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 10TH JANUARY, 2011 P.C. . This is an application by the State for leave to file an Appeal against the Judgment of acquittal rendered by the learned Assistant Sessions Judge, Pune on conclusion of Sessions Case No.51 of 2008 before him. The learned Judge acquitted the respondents of the offence punishable under Sections 498A & 306 read with Section 34 of the Indian Penal Code. The prosecution was lodged on the allegation that after victim's marriage to respondent No.1 Balaji on 27th May, 2005 she 2 Appln 3677-09 was ill treated by in laws on account of non fulfilment of unlawful demand of Rs.50,000/- and also because the victim had witnessed illicit intimacy between Raghunath and a co- accused. The learned Judge came to the conclusion holding that there were two dying declarations recorded by two police head constables in two Hospitals before the victim met with her death. In both the dying declarations victim had stated that she suffered injuries because a stove burst. As far as that allegation about unlawful demand or ill treatment on account of victim's witnessing illicit intimacy between Raghunath & his other daughter-in-law is concerned, the learned Trial Judge rightly held that there is no reference to this in the report dated 7th May, 2006 made to Police Station, Yermala. In that report there is no reference of unlawful demand of money or ill treatment. In any case, the couple had shifted to Pune just one and half months before the incident and was 3 Appln 3677-09 not staying with in-laws at Pune. View taken by the learned Trial Judge is not untenable or perverse. Leave is refused. Criminal Application is rejected. Appeal is dismissed. (R.C.CHAVAN, J.)