-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1807 OF 2008 APPLICATION NO.1807 OF 2008 APPLICATION NO.1807 OF 2008 The State of Maharashtra. ... Applicant. V/s. Shri Shahu Balaku Bardeskar. ... Respondent. Mrs. M.M. Deshmukh for the State. None for the Respondent. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 25TH JUNE, 2008. : 25TH JUNE, 2008. : 25TH JUNE, 2008. P.C. P.C. P.C. : : : . This is an application for leave to appeal against the acquittal of the accused in Sessions Case No.18/2007 by the learned additional Sessions Judge, Gadhinglaj dated 26.2.2008. 2. The learned Judge has recorded a finding that death was homicidal. We have no reason to interfere in the view taken by the learned Judge. The witnesses including panch witness have turned hostile. It is the contention of the prosecution that they have proved the panchanama through the Investigating Officer. The panchanama pertains to recovery of rope and shirt of deceased at the instance of the accused. If the accused had put the rope around the neck of the deceased and dragged him at the instance, it is not understand why the accused would take out the shirt of -:2:- the deceased alongwith him. There is no other corroborative evidence to link the death to that of the accused. 3. Considering the above, in our opinion, this is not a fit case to grant the leave. 4. Hence, the application is rejected. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)