{1} Cri. Application No.1525/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1525 OF 2011 The State of Maharashtra APPLICANT VERSUS Ashok Sheshrao Divate & others RESPONDENTS ....... Mr.N.R.Shaikh, APP for applicant State Mr.R.S.Shinde, h/f Mr.Joydeep Chatterji, Advocate for R-2 to 4 ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 27 th July 2011 ORAL ORDER (PER A.V.POTDAR, J.): 1. By the present application, u/s 378 (1) (3) of the Criminal Procedure Code, the applicant-State seeks leave to file appeal challenging the judgment of acquittal dated 23.12.2010 passed by Additional Sessions Judge-2 Jalna, in Sessions Case No. 116/2010 thereby acquitting the respondents of the offence punishable u/s 302 r/w 34 of the Indian Penal Code. 2. Vide order dated 13.06.2011, this Court has dismissed Criminal Appeal No.35/2011 preferred by original complainant in which there was challenge to the same judgment of acquittal. {2} Cri. Application No.1525/2011 3. Admittedly, none of the prosecution witness has supported the prosecution case except PW-5, Babanrao, father of the deceased. The case of the prosecution rests on circumstantial evidence and evidence of PW-5, who states that he had last seen the deceased in the company of respondent-accused. PW-5, original complainant, father of the deceased, states that deceased Rajendra, had love affair with Shilpa, daughter of accused Ashok. On the day of the incident, the respondent-accused had taken the deceased along with them. PW-5 further states that one or two days prior to the incident, accused had enquired about deceased Rajendra, who was not present at home at that time. PW-5 has stated about apprehension of danger to the life of his son deceased Rajendra from the respondent-accused. Therefore, trial Court has came to the conclusion that it was unnatural that PW-5 Babanrao would allow his son to go along with the accused that too late in evening, knowing that he apprehended danger at the hands of respondent-accused. Trial court further found that in a chit, which was found on the person of the deceased, there was no reference of his love affair with Shilpa. It was only stated in the said chit that the deceased had apprehended danger and regarding harassment by accused Ashok and Shailesh. There is nothing on record to indicate that the persons arrested were the same persons, who had been referred by the deceased in the said chit. Regarding blood stains found on the clothes of the accused, as indicated in the report of CA, the trial court found that no reliance can be placed {3} Cri. Application No.1525/2011 on the said report as there is no satisfactory evidence that the articles, which were seized, were kept in a sealed condition since their seizure till they were chemically examined by the CA. The trial court also found that there was no evidence regarding motive behind the crime. 4. We have heard learned APP and we have perused the impugned judgment so also evidence of PW-5 Babanrao. Upon such perusal, according to us, the view taken by the trial court is a possible view to be taken on the basis of evidence on record. We do not find any fault, much less perversity in the findings arrived at by the trial court. The prosecution has failed to establish that deceased Rajendra was last seen alive in the company of respondent-accused. Other evidence also does not inspire confidence of the Court to convict the accused. 5. On careful consideration of the evidence on record, according to us, this application is devoid of any merit. Moreover, we have dismissed Criminal Appeal No.35/2011, which was preferred by original complainant, challenging the same judgment. Consequently, the present application, being sans merits, stands dismissed. Leave refused. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B11/criapln1525-11