1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 213 of 2010 Rajesh Jagnayak Thakur ...Versus... Smt. Sitabai wd/o Kachru Gahgargunde --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Shri R.P. Joshi Advocate for the applicant. ..... CORAM:- A.B. CHAUDHARI, J. DATED :- 09.02.2010 It is the case of the applicant that original complainant Sitabai expired. There is a serious dispute about it. The applicant attempted to prove certain evidence before the appellate court in appeal, but the appellate court was not satisfied. Even during the course of arguments before me, whatever evidence has been pointed out to me cannot lead to the inference that she is dead. In view of the contention of the applicant/accused that she is dead, it is for him to prove the said fact. Hence, I am not inclined to entertain this application but I reserve liberty in favour of the applicant to prove the said fact before the appellate court by way of one more opportunity which the appellate court may grant looking to the nature of evidence that is sought to be produced. Application stands disposed of accordingly. JUDGE 2 /TA/