HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 707 OF 2008 CRIMINAL APPLICATION NO. 707 OF 2008 CRIMINAL APPLICATION NO. 707 OF 2008 The State of Maharashtra ... Applicant Versus Aftab Iqbal Malik and Ors. ... Respondents Mr. P.S. Hingorani, A.P.P. for Applicant/State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: APRIL 21, 2008 DATED: APRIL 21, 2008 DATED: APRIL 21, 2008 P.C. P.C. P.C. . This is an application by the State against the acquittal of the respondent. The accused who are respondents were charged for the offences punishable under Section 302 read with section 34 of the Indian Penal Code. The medical evidence on record is of Dr. Rajesh Dhere P.W. No. 10. In his examination in chief, he has observed as under : "On post mortem examination no ante mortem injury was found on the body of Abdul Samad." . In the cross examination, he has deposed as under : "I do not find any injury on the kidney of the deceased Abdul Samad during the post mortem examination and even in the Histophathological report." . It would therefore, be clear that the death has not occurred on account of alleged assault. The accused was admitted to Sion Hospital on 19.02.2006. On 28.02.2006 at 8.30 p.m. the deceased was admitted to Nanavati Hospital and died on the same day at 11.10 p.m. . It would thus be clear that the findings of the learned Judge that there was no question of kidney failure and the death of the deceased was natural and not homicidal as per the medical evidence before us cannot be faulted. . In the light of the above, this will not be a fit case to grant relief as prayed for by the State. Application rejected. (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.)