1 A-4315-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 4315 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 The State of Maharashtra ..Applicant /Orig. Complainant versus Pandharinath Kashinath Vaidya ..Respondent/Orig. Accused Mr. Y. S. Shinde - Additional Public Prosecutor – for the Applicant / State. CORAM : D. D. SINHA AND A. P. BHANGALE, JJ. DATED : OCTOBER 04, 2010. P.C. : 1. Heard the learned Additional Public Prosecutor for the Applicant / State. 2. The Criminal Application for leave to file appeal is filed by the State against the judgment and order dated 19th April 2010 passed by the Additional Sessions Judge, Vasai, whereby the respondent came to be acquitted for the offence punishable under Section 302, 201 of the Indian 2 A-4315-10 Penal Code. The learned Additional Public Prosecutor has fairly conceded that in the instant case statement of sole eye witness P.W. 2 Dipak was recorded by the prosecution ten years after the incident. It is also not in dispute that the medical evidence is not conclusive and proper opinion in respect of probable cause of death could not be given by a doctor. The learned Additional Public Prosecutor has also not disputed that the other witnesses examined by the prosecution are formal one. 3. Considering the evidence on record and particularly the delay caused in recording the statement of sole eye witness, we are of the view that the findings of acquittal recorded by the trial Court are just and proper, needs no interference. Leave refused. Criminal Application and Criminal Appeal, both, are dismissed. (D. D. SINHA, J.) (A. P. BHANGALE, J.)