1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 2977 OF 2009 The State of Maharashtra ..APPLICANT VERSUS Annarao Goroba Kathar ..RESPONDENT Mr K.G. Patil, A.P.P. for the applicant. CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 21st November, 2009 PER COURT : By this application the applicant - State seeks leave to file appeal against acquittal in respect of the acquittal of the respondent recorded by the Additional Sessions Judge, Nilanga by judgment dated 28.4.2009 in Sessions Case No.17 of 2008. 2. Undisputedly the entire prosecution rested on circumstantial evidence. The circumstance which was proved by the prosecution was that deceased Sahebrao was last seen alive in the company of the accused on 12.5.2008 at about 7.00 p.m. The dead body of deceased Sahebrao was discovered on 14.5.2008. The Trial Court repelled the 2 second circumstance of finding of human blood on the clothes of the accused as the Trial Court found it incredible that the accused would be wearing the same clothes till 15.5.2008. The third circumstance also came to be disbelieved by the Trial Court that the discovery of axe at the behest of the accused, which was found stained with human blood, on the ground that there was no evidence that the axe was sealed immediately on its seizure. The Trial Court,therefore, came to the conclusion that there was no link evidence from the time when the deceased was last seen alive in the company of the accused till the dead body of the deceased was discovered on 14.5.2008. The Trial Court, therefore, gave the benefit of doubt to the accused and acquitted him. 3. We have heard Shri K.G. Patil, learned A.P.P. for the applicant - State, with whose assistance we have perused the findings recorded by the Trial Court. On such perusal we do not notice any perversity in the reasoning of the Trial Court to warrant the admission of this appeal. The view taken by the Trial Court is a possible view to be taken on the basis of the evidence on record. We thus see no merit in this application and the application is accordingly dismissed. Leave refused. ( A.V. NIRGUDE, J.) ( P.V.HARDAS, J.) amj/criap2977.09