- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2015/2010 The State of Maharashtra, through Public Prosecutor, High Court Bench at Aurangabad. ...Applicant.. Versus Uddhav Sahebrao Gaikwad & three others. ...Respondents... ..... Shri D.R. Kale, APP for applicant. Shri R.V. Gore, Advocate for respondent nos.1,2 & 4. Respondent no.3 served. ..... CORAM: P.V. HARDAS & A.V. POTDAR , JJ. DATE: 02.09.2010 PER COURT : 1] This is an application at the behest of the applicant – State seeking leave to file appeal against the judgment of the Additional Sessions Judge-2, Jalna, dated - 2 - 16.2.2010, in Sessions Case No.67/2009, acquitting the respondents for offence punishable u/s 302 and 201 r/w 34 of the Indian Penal Code. 2] The case of the prosecution rests on circumstantial evidence. The prosecution has alleged that there were strained and hostile relations between the deceased Dilip and the respondents. The prosecution also alleged that the deceased Dilip was last seen alive in the company of the respondents-accused by PW 5 Sharda – wife of Dilip and PW 7 Bhimrao. The prosecution has also alleged recovery of a scarf belonging to the deceased Dilip at the behest of the accused no.1 and recovery of ash at the behest of the accused no.2. The trial Court, upon appreciation of the evidence, rejected the entire prosecution case. The trial Court came to the conclusion that no reliance at all could be placed on the testimony of PW 5 Sharda and PW 7 Bhimrao a their statements had been belatedly recorded i.e. about 10 to 12 days after the incident. The dead body of the deceased Dilip was discovered on the next day i.e. on 15.1.2009 and he was alleged to have been done to death by the accused on 14.1.2009. The trial Court further came to the conclusion that there was no link evidence from the time of the deceased being seen in the company of the accused till the alleged time of death of the deceased. The trial Court rejected the evidence relating to discovery as joint memorandum of both the accused had been recorded. The trial Court has also not relied upon the evidence relating to the strained relations between the deceased Dilip and the accused. - 3 - 3] With the assistance of the learned counsel for the parties, we have perused the findings recorded by the trial Court and also perused the evidence from the record and proceedings. Upon such perusal, we do not notice any perversity in the reasoning of the trial Court to warrant granting leave to file appeal to the prosecution. In that light of the matter, therefore, this application, being without merit, is dismissed. Leave refused. (A.V. Potdar , J.) (P.V. Hardas, J.) ndk/cr29105