IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 373 OF 2009 IN CRIMINAL APPEAL No. of 2009 The State of Maharashtra ..Applicant. vs. Yogesh Madhukar Ahire and Anr..Respondents. Ms M. H. Mhatre, A.P.P., for the State. Mr Prakash N. Wagh for Respondent Nos. 1 and 2. CORAM: A.R.JOSHI,J. DATE : 06TH MAY,2009. P.C.:- 1. Heard rival submissions on the present application for leave to file appeal against the judgment and order of acquittal dated 30.8.2008 passed by the learned Assistant Sessions Judge, City Civil and Sessions Court, Greater Mumbai ( the Trial Court for short). Original accused nos. 1 and 2 ( the present respondent Nos. 1 and 2 were acquitted for the offence punishable under Sections 306 and 498-A read with section 34 of the I.P.C., mainly not believing the story of the prosecution in respect of alleged cruelty practiced by the accused on the deceased. 2. Admittedly, accused no.2 who is mother in law of the deceased, was not staying with accused no.1 and his wife (the deceased). However, allegedly, intermittently she was visiting the house and torturing the deceased. On this aspect, the short span of one year and three months is significant for which there was marital cohabitation of the deceased with accused no.1. 3. Considering the above circumstances and the material brought before the Trial Court, there is nothing that the present matter is required to be decided in the appeal before this Court and as such there is nothing to allow the present leave application. In the result, application is dismissed and disposed of. A.R.JOSHI,J.