{1} Cri.Appln No.4464/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4464 OF 2010 The State of Maharashtra APPLICANT VERSUS Chandu Digambar Kadam & Another RESPONDENTS ....... Mr. K.S.Patil, APP for applicant State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 2nd December 2010 PER COURT: 1. This is an application filed by the applicant State challenging the judgment of the Sessions Judge, Nanded dated 27.07.2010, in Sessions Case No.13/2010 acquitting the respondents for the offence punishable u/s 302 and 309 r/w 34 of the Indian Penal Code. 2. The prosecution has alleged that the accused had administered poison to Navnath, son of PW-1 Chhayabai, on 17.07.2009 at about 10.00 a.m. and subsequently had attempted to commit suicide, by consuming the same poison. {2} Cri.Appln No.4464/2010 3. The prosecution relied upon the testimony of PW-1 Chhayabai, mother of deceased Navnath and PW-4 Gulab. During the Postmortem examination PW-7 Dr. Avinash Waghmare noticed abnormal smell and, therefore, viscera of deceased was referred for Chemical Analysis. The report of Chemical Analyzer (Exhibit-35) disclosed that no poison was detected. The trial court, therefore, came to the conclusion that death of deceased Navnath was not homicidal, but was natural death. 4. In respect of the offence punishable u/s 309 of the Indian Penal Code, the trial Court found that the prosecution had examined PW-5 Police Head Constable Basvant Chandapure, who was present at the scene of offence at about 2.00 p.m. The evidence of PW-5 Police Head Constable Chandapure clearly indicated that the accused had only threatened that he would commit suicide. In any event there was no evidence, whatsoever, that the accused had consumed the poison and had attempted to commit suicide. The trial court recorded the finding that the accused had been involved in a false case. 5. With the assistance of learned APP we have perused the findings recorded by the trial court and upon such perusal we do not notice any perversity in the reasoning of the trial court, to warrant admission of this appeal. The view taken by the trial court is a possible view to be taken on the basis of the evidence on {3} Cri.Appln No.4464/2010 record. In that light of the matter, therefore, this criminal application, which is sans merit, is summarily dismissed. Leave refused. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/criapln4464-10