1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 310/2010 (APPA) in Criminal Appeal No./------------/2010 (State of Maharashtra vs. Sau. Savitribai w/o: Nathuram Raikwar and others.) ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.LAVANDE & P.D.KODE,JJ DATE : 09.07.2010 Heard Mr. T.A.Mirza, learned APP for the appellant. By this application the appellant seeks leave to appeal against the Judgment and order of acquittal passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 67/2009 acquitting the respondents 1 to 5 for the offences punishable under Sections 498-A, 304-B read with Section 34 and acquitting the respondent no.1 for the offences punishable under Sections 302 and 316 of the Indian Penal Code. The trial was held in respect of the unnatural death of Priti daughter-in-law of respondent no.1 and wife of respondent no.2. The prosecution relied upon two written dying declarations and also upon the evidence in the nature of history given by the deceased. The learned trial Judge held that the evidence led by the prosecution was not 2` cogent and was not sufficient to bring home the charges against the respondents accused beyond reasonable doubt. The learned trial Judge further held that two written dying declarations and the disclosure made to the Doctor by deceased regarding the incident were inconsistent and, therefore, held that the prosecution was not able to establish the offences beyond reasonable doubt. Having heard the learned APP for the appellant and having perused the record, we find that the findings recorded by the learned trial Judge can not be said to be perverse warranting interference with the order of acquittal. The view taken by the learned trial Judge is a probable view and, therefore, no interference is warranted against the order of acquittal. Hence, the application is rejected. JUDGE JUDGE patle 3`