HVN 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. 575 OF 2008 The State of Maharashtra ... Applicant Versus Sou.Sangita Ganesh Ratnaparakhe ... Respondent Mr. P.S. Hingorani, A.P.P. for Applicant State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: APRIL 21, 2008 DATED: APRIL 21, 2008 DATED: APRIL 21, 2008 P.C. P.C. P.C. . This is an application for leave to appeal by the State against the acquittal of the respondent for the offences punishable under Section 302 and 201 of the Indian Penal Code. . From the judgment of the learned Additional Sessions Judge, it has come on record that the respondent herself had lodged a complaint on 6.1.2006 after 7.00 p.m. alleging that some unknown persons have taken away her deceased son Nandu. It appears that the I.O. did not act on the said complaint but acted on the subsequent complaint filed by the husband of the respondent. The theory put forward by the prosecution for the motive was that the deceased Nandu was not well and on account of this that the respondent killed Nandu. The evidence on record as now appears is that Nandu at the relevant time was not ill and according to complainant whenever Nandu was ill both he and respondent used to take Nandu for treatment. The learned Sessions Judge after analyzing the evidence has come to the conclusion that there was no material to indicate that the respondent was guilty of the offence punishable under Section 302 and 201 of the Indian Penal Code. . After hearing the learned counsel for the State, we are of the opinion that the judgment of the learned Sessions Judge does not suffer from any legal infirmity. Consequently, there is no merit in this application which is accordingly dismissed. (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.)