1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3345 OF 2008 The State of Maharashtra ...Applicant Versus Sunil Shankar Kamble ...Respondent. Mrs. P.H. Kantharia, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: FEBRUARY 20, 2009 P.C.:- This is an application for leave to file appeal against the acquittal of the accused in Sessions Case No. 6 of 2007. 2. There was no direct evidence, and the offence was sought to be proved against the accused by the prosecution solely on the basis of one circumstance of last seen together. P.Ws. 6 and 7 stated that on 29th October, 2006, they had seen the accused and the deceased together on a bicycle at 8.30 p.m. There is no other circumstance proved against the accused. The body was found on 31st October, 2006. The doctor has not opined as to what was the approximate time 2 of death of the deceased. The doctor was not even sure whether it was a case of a murder caused by any weapon like stone, which had been seized by the police during prosecution, or death could have been caused just accidentally by a fall from a higher level to the lower level. The police inspector himself, in his statement also, stated that he was not sure whether the death caused was due to an accident or was the result of a murder. Therefore, he delayed filing even the charge-sheet. But once he received the opinion of the doctor, he filed the charge- sheet. 3. For these reasons, we do not find any merit in this matter to grant leave. Leave is rejected. Application is dismissed. BILAL NAZKI, J. A.R. JOSHI, J.