1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1553 of 2009 The State of Maharashtra .. ..Applicant. vs. Santosh @ Balu Dnyanoba Chatur & Ors ..Respondents. CORAM: : A.R. JOSHI,J. DATE : 19.06.2009. P.C.:- 1. Heard rival submissions for some time. The Applicant-State has preferred this leave petition for appeal against the order of acquittal of three original accused -respondents in the matter of offences punishable under Sections 498-A, 306 of the Indian Penal Code. Perused the copy of the Judgment and order annexed to the application. 2. It appears that three prosecution witnesses came to be examined before the learned Magistrate, i.e., P.W.1 – complainant and P.W.2 who are brother and father of the deceased woman and P.W.3 is the Investigating Officer. 3. Admittedly, there is no statement of the deceased 2 while she was in the injured condition out of 80% burn injuries and when removed to the hospital. Reportedly, as per the evidence of the complainant, accused No.2 and his son were instrumental to extinguish the fire. Accused no.2 is the uncle of accused no.1 and accused no.3 is mother of accused no.1. Reportedly, all three accused were not at the house when the incident of burning occurred. About an hour before the said incident, brother and mother of the victim had visited her and there was some talk and after they left her house, she set herself on fire by pouring kerosene. 4. It appears that the Trial Magistrate had accepted that there is deficient evidence regarding demand of an amount of Rs. 50,000/- as there was no any authentic material except the bare words of P.W. Nos. 1 and 2 not substantiated by any material. Considering the effect of such substantive evidence in the opinion of this Court there is nothing to ascertain correctness or illegality of the impugned order of acquittal in the appeal before this Court. Hence leave petition is not allowed and accordingly dismissed. (A.R.JOSHI,J)