1 Criminal Appl.No.1839 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1839 OF 2011 The State of Maharashtra APPLICANT VERSUS Ramchandra @ Ajay Mahadu Patil and others RESPONDENTS Mr.S.K.Tambe, learned A.P.P. for applicant/State (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 16/06/2011 PER COURT : 1. By this application, the applicant/State seeks leave to file appeal against the judgment of the Ad-hoc Additional Sessions Judge, Dhule dated 30/12/2010, in Sessions Case No.175/2009, acquitting the respondents for offence punishable u/s. 306, 304-B r/w. 34 of The IPC. 2. The Trial Court acquitted the respondents for offence punishable u/s. 498-A, 306, 304-B r/w. 34 of The IPC principally on the ground that though P.W.No.1 Ishwar and P.W.No.2 Mina, parents of deceased Surekha had referred her inspite of illtreatment on 2 Criminal Appl.No.1839 of 2011 account of failure to pay an amount of Rs.4,00,000/-, P.W.No.3 Balasaheb, uncle of Surekha, P.W.No.4 Kishor uncle of Surekha and P.W.No.5 Rajendra also uncle of Surekha made no reference whatsoever to the alleged demand of Rs.4,00,000/- being made by the accused. Even the dying declaration at Exh.18 was silent in respect of any demand or illtreatment. In the light of the aforesaid evidence, the Trial Court therefore found that no reliance whatsoever would be placed upon the evidence of the prosecution. 3. With the assistance of the learned A.P.P., we have perused the findings recorded by the Trial Court and we have also perused the record and proceedings. Upon such perusal, according to us, the application deserves to be dismissed as the view taken by the Trial Court is a possible view to be taken on the basis of evidence on record. We do not notice any perversity in the reasoning of the Trial Court to warrant any interference in this appeal against acquittal. 4. Resultantly, this application, which is sans merit, is therefore dismissed. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JUNE 2011/cri.appl.1839-11