1 appln 5269 of 2010 vks IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5269 OF 2010 The State of Maharashtra .. Applicant Versus Balasaheb Pandurang Gadade and anr ..Respondents Mr. S.A. Shaikh, APP for the State Mrs. Revati Mohite Dere, APP for the Respondent State. CORAM: R. C. CHAVAN, J. DATED : 13th July, 2011. P.C.: 1. This is an application for leave to file appeal against acquittal of the respondents for the offence punishable under Section 498-A, 306, 201 of the Indian Penal Code as also Section 4 of Dowry Prevention Act, 1961. The victim was married to respondent No.1 Balasaheb about 11 years before the incident and had two sons. Though the story about demand of Rs.50,000/- was set up, evidence of victim's mother categorically shows that there could be no such demand by respondent No.1, who had in fact purchased property in the name of victim. She had also admitted that the victim was helping respondent No.1 in running grocery shop. The evidence about illtreatment on the fateful morning comes 2 appln 5269 of 2010 from P.W.6 Santosh Pandit Gabale, who had no compunction in admitting in his cross examination that Santosh Pandit Gabale was in fact murdered on first January, 2010 and he was Santosh Chandrakant Jadhav, impersonating as “Santosh Pandit Gabale”. Apart from this there is victim's dying declaration wherein she stated that she caught fire accidentally while cooking. Therefore, the view taken by the learned Judge, cannot be said to be perverse or improbable. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)