1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2623 OF 2009 The State of Maharashtra ... Applicant. Versus Sandip Ankush Shikhre & others ... Respondents. -------- Shri. B.J. Sonwane, Additional Public Prosecutor, for the Applicant / State. -------- CORAM: NARESH H PATIL & SHRIHARI P DAVARE,JJ. DATE: 14th September 2009 PER COURT : 1) Heard. 2) Learned counsel Shri B.J. Sonwane, Additional Public Prosecutor. 3) We have perused the record and proceedings. 2 We find from the evidence and the reasons adopted by the learned Judge that the respondent No. 2 Baburao and his wife Respondent No. 4 Shobhabai were residing separately from the other accused persons. Accused No. 1 Sandeep is husband of deceased Sunita and Accused No. 3 Shalanandabai is the mother-in-law of the deceased. 4) We have perused the medical evidence, photographs. Medical Officer has stated that, it was the case of strangulation. Plea of alibi has been considered and accepted by the trial court. Plea of alibi was supported by defence witness DW Kishan who happens to be grand father of the accused himself. 5) Considering the over all facts and circumstances of the case and record and the reasons recorded by the trial court, we find that prima-facie case is made out by the State for admission of the appeal. We also find that the prosecution has not made out case against the 3 original accused No. 2 Baburao and original Accused No. 4 Shobhabai. 6) Appeal is rejected against Origial Accused No. 2 Baburao and Accused No. 4 Shobhabai. 7) Leave granted for remaining accused i.e. Ori. Accused No.1- Sandeep Ankush Shikhre & Ori. Accused No. 3- Shalandabai. (SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.) sdm/appln.2623.09