((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4639 OF 2008 The State of Maharashtra Applicant versus Smt.Sitabai Rambhau Nigade and others Respondents J.P.Yagnik, APP for the applicant. CORAM : A.S.OKA, J. DATE : 28th January 2009 PC : 1. Heard learned APP for the applicant. Perused the notes of evidence and impugned judgement. In the cross examination the mother of the deceased admitted that the third respondent (third accused) was married prior to the marriage of the deceased and the third accused was residing in a village which is at a distance of 8 to 9 kilometres from the matrimonial home of the deceased. I find that the allegations made against the accused no.3 by the material prosecution witnesses are very vague and the view taken by the learned Trial Judge that the guilt of the accused no.3 is not proved beyond reasonable doubt is certainly a ((-2-)) possible view. 2. The application stands dismissed as against respondent no.3. Leave is granted. The appeal is admitted as against respondents 1 and 2 (accused nos. 1 and 2). Call for record and proceedings. (A.S.OKA, J.)