1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Application No. 722 of 2010 IN Criminal Appeal No. of 2010 [The State of Maharashtra Vs. Narayan Fulsing Jadhao & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.T.A. Mirza, APP for appellant. ---- CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 08th February, 2011. 01. This is an application for leave to appeal and the appeal against acquittal preferred by the State. 02. The accused were charged for offence punishable under Section 302 read with Section 34 of Indian Penal Code. 03. Heard learned APP Mr. T.A. Mirza for the appellant-State, and perused the notes of 2 evidence and the impugned judgment. 04. It is seen that on the crucial question of death being homicidal, learned Sessions Judge has held in negative. The reasons, inter alia, are passiveness of all concerned, including police, to refer the deceased to the hospital, and ten days delay in lodgment of FIR after the death. 05. The Post-mortem Examination, including analysis of viscera, does not indicate poison as the cause of death, though alleged. 06. In absence of positive evidence as to the death being homicidal and accused being the authors, the conclusion as to accused being guilty was simply impossible. 07. The findings, though challenged in this appeal, are not shown to be perverse or contrary to the evidence on record. 08. Application and appeal have no merit, and are rejected. Judge Judge |Hedau| 3