1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1608 OF 2009 IN CRIMINAL APPEAL NO. 266 OF 2009 (State of Maharashtra .v. Pradeep Sakharam Raut) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 12TH AUGUST, 2009. Heard Shri A.M. Deshpande, the learned APP for the appellant/State. The appeal is directed against the order of acquittal dated 20th January, 2009 passed by the trial Court whereby the respondent came to be acquitted for the offence punishable under Sections 302, 498-A of the Indian Penal Code. It is contended that in the instant case, medical evidence assumes importance and is the decisive factor for the purpose of fixing the criminal liability. It is contended that as per the medical evidence, deceased Mangala suffered 100 per cent burns and succumbed to the burn injuries in the house itself. It is contended that the spot of incident is the residential house of the respondent who is her husband, the marriage was three years old and relations between the respondent/husband and deceased/wife-Mangala 2 were not cordial. It is further contended that the circumstances which are brought on record by the prosecution, if considered collectively, would demonstrate that the prosecution succeeded in proving the charge of murder. Insofar as the charge of Section 498-A is concerned, the mother of the deceased (PW-5) did not support the prosecution case. It is, therefore, contended that the finding of acquittal recorded by the trial Court, insofar as the charge of murder is concerned, is bad in law. Considered the contentions canvassed by the learned APP. We have especially asked the learned APP that apart from PW-5 (Ranjana, the mother of the deceased), who did not support the prosecution case, is there any other evidence which is cogent, trustworthy and straight forward adduced by the prosecution to prove the charge of cruelty as well as murder. In the instant case, except the deceased, who was the wife of the respondent and had received burn injuries in the residential house of respondent, the circumstances on record are inadequate to complete the chain. The medical evidence is only an corroborative piece of evidence and merely on the basis thereof it is not possible to fix the criminal liability unless the attending circumstances are brought on record unfold the prosecution case in respect of material particulars. 3 For the reasons stated herein above, no case is made out for showing any indulgence. The Criminal Application No. 1608 of 2009 for leave to appeal is dismissed accordingly. JUDGE JUDGE *rrg.