1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Appeal No. 653 of 2010 [Smt. Jyoti Sanjay Chilpe Vs. State of Mah. & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.J. Thakkar, Adv., for the appellant. Mr. T.A. Mirza, APP for respondent no.1. ----- CORAM : A.H. JOSHI AND A.P. BHANGALE, JJ. DATE : 07th January, 2011. 01. This is an appeal against acquittal filed by Smt. Jyoti Sanjay Chilpe, who is the widow of the victim. 02. After recording the reasons, the learned Sessions Judge acquitted the Accused Nos. 1 and 2. The reasons leading to acquittal based on appreciation of evidence done in the judgment. Conclusions are seen in paragraph nos. 30 to 32. 03. Heard learned Adv. Mr. A.J. Thakkar for the appellant and learned APP Mr. T.A. Mirza for 2 the respondent-State. 04. Admittedly, it is a case of circumstantial evidence. 05. The learned Sessions Judge found that:- [a] The crucial factors, such as evidence which would establish the link of the circumstances and lead to a conclusion that the accused have committed the offence, are not consistent and are not proved. [b] The Panch witness of Memorandum of Recovery, namely PW 9  Arun Trambak Wathore, was a usual Panch in more than ten to twelve cases. 06. Considering the totality of the evidence, learned Sessions Judge recorded a finding in para 30 of the judgment that the discovery of dead body at the instance of accused, recovery of weapon etc., are doubtful. Prosecution story that blood-stained clothes to be those of accused were recovered from the accused also could not be proved. 07. Present is not a case where the appellant is asking that the appreciation of evidence and conclusions reached by the Sessions Judge are perverse. 3 08. A submission that the doubt entertained by the Judge ought not to have been entertained is not a ground available in appeal against acquittal. 09. The Judgment being perverse or contrary to record is not shown, or seem to us to be so from perusal of oral evidence placed along with appeal. 10. In the result, we find that the appeal has no merit, and is dismissed. Judge Judge |Hedau|