IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.4647 OF 2008 The State of Maharashtra. ..Applicant. vs. Vinod Gangaram Marchande ..Respondent. Mr P.A.Pol, A.P.P. for the State. Respondent served. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 20TH APRIL,2009. DATED : 20TH APRIL,2009. DATED : 20TH APRIL,2009. P.C.:- P.C.:- P.C.:- 1. Heard learned A.P.P. for the State. 2. None appears for originally acquitted accused - respondent though duly served. The State has filed the present application for leave to appeal against acquittal challenging the judgment and order dated 4.8.2008 passed in Sessions Case No.14 of 2005 by the learned Additional Sessions Judge, Khed, District Ratnagiri, whereby the respondent - accused has been acquitted of the offence punishable under Sections 498-A, 306 of the Indian Penal Code in which mother and brother of the deceased woman gave evidence as to accused suspecting the character of the deceased wife and was illtreating her. No any specific incident of ill-treatment was quoted though the distance between the house of the respondent-accused and the house of parents of the deceased is half an hour by S.T.bus. Reportedly, prosecution could not examine the Medical Officer who allegedly opined as to the fit state of mind of the then injured woman as to giving her statement. Prosecution could not examine the Special Executive Magistrate who recorded statement of injured patient. This is presumably happened though the summonses were directed to be served but remained unserved by the police machinery. Even, without the summonses, such witnesses could have been produced by the prosecution but that has not been done. Reportedly, all the panch witnesses have turned hostile and did not support the prosecution case. Considering these circumstances, learned Additional Sessions Judge, Khed acquitted the accused by the impugned judgment and order dated 4.8.2008. 3. Considering the above circumstances and ( 3 ) material available before the learned Trial Judge and even considering the medical evidence, in the opinion of this Court there could not have been much change in the final decision. Accordingly, there is nothing to allow the present application for leave to appeal. Hence, the application is, accordingly, dismissed and disposed of. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)