-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.2385 OF 2007 The State of Maharashtra : Applicant (Orig.Complainant) V/s. Vijay Namdeo Jadhav & Ors. : Respondents (Orig.Accused nos.1 to 3) ... Mr.D.S.Mhaispurkar, Addl. Public Prosecutor for the applicant. Mr.A.R.Pitale for respondent no.1. ... CORAM : BILAL NAZKI & S.A.BOBDE,JJ. DATE : FEBRUARY 26, 2008. P.C. 1. This is an application for leave to appeal against the acquittal of the accused for various offences, including the offence under section 302 of the I.P.C. 2. On 25.10.2004 at about 12.30 p.m., P.W.6 Dattatraya, who was the Sub-Inspector, received an information that the dead body of a female aged 32/35 was lying in the forest of village Sonawala. P.W.6 Dattatraya rushed to the spot and found the dead body of a female which was -: 2 :- completely decomposed. After recording inquest panchanama, the photographs of the spot and the dead body were taken and the dead body was sent for autopsy to J.J. Hospital, Mumbai. The medical evidence was that the deceased had injuries on her neck and cheek. An offence was registered and investigation started. 3. One of the accused was the husband of the alleged deceased and another was the mother-in-law and the third one was the brother-in-law. Nobody claimed the dead body and the body was cremated by the police themselves. There was no direct evidence in the case. The prosecution tried to establish the guilt of the accused on the basis of circumstantial evidence. But the prosecution failed to establish one of the important aspects of the matter which is related to the identification of the body. It was alleged that six photographs were taken of the dead body and shown to the relatives of the deceased, but when the charge-sheet was filed, only one photograph i.e. exh.P-49 was attached to the charge-sheet. When it was shown to the witnesses, they stated that they had not seen these photographs. During cross-examination of P.W.11, the Investigating Officer admitted that he had not shown the photographs to the relatives of deceased Kalpana. Considering that there is no evidence to show that the clothes on the dead body of the deceased were shown to the -: 3 :- relatives of Kalpana and the identity of the deceased was not established, the learned Court came to the conclusion that the identify of the deceased was not established. The other circumstance of last seen becomes unimportant. Another important circumstance, according to the prosecution, relates to extra-judicial confession before the Advocate (P.W.7). P.W.7 denied that any confession was made before him. As such, there is no ground for this Court to interfere in the matter. 4. Accordingly, this application for leave to appeal is dismissed. (BILAL NAZKI, J.) (S.A. BOBDE, J.)