1 APPLN 619.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 619 OF 2011 The State of Maharashtra. ... Applicant. V/s. Sou. Vishakha Vishal Samjiskar & Ors. ... Respondents. Mr. P.S. Hingorani, APP for the State. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 11th AUGUST 2011. P.C. :- Heard. 2. Perused record. 3. The prosecution has failed to establish beyond reasonable doubt the case against Respondents that they committed murder of deceased Nanda, who was 62 years old lady. The motive according to prosecution is that the husband of deceased married another lady Respondent Gauri. 4. From the evidence produced before the Court, the prosecution could not establish as to who committed murder of deceased. Just because Respondent Nos.1 to 3 were family members of the deceased and used to visit the house 2 APPLN 619.11.sxw frequently, all cannot be roped into an offence punishable under Section 302 of I.P.C. in the absence of specific evidence against the accused or either of them that the deceased was murdered by them. Even the circumstances brought on record to suggest that Respondents were involved in killing the deceased are not sufficient enough to fasten criminal liability on the Respondents. The chain of circumstances is not complete. The motive plays predominant role in such matters. The prosecution has even failed to establish a strong motive for the Respondents to commit murder of deceased. 5. The view adopted by the Trial Court is reasonable and possible view, which does not call any interference. There is no merit in this Appeal. Leave to file appeal refused. Consequently, appeal is dismissed. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)