IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3479 OF 2011 THE STATE OF MAHARASHTRA VERSUS PRALHAD VITHAL KARHALE AND ORS ... APP for Applicant : Shri V.D.Godbharale ... CORAM : A.H.JOSHI & A.R.JOSHI, JJ. Dated: August 24, 2011 ... 1. This is an application for leave to appeal against the acquittal. 2. The accused persons were tried for the commission of offences under Sections 302, 147, 148 and 149 of Indian Penal Code of being responsible for the murder of Sidhanand. 3. Perused the judgment and heard learned APP. 4. Admittedly, the case proceeds on the background that there are no eye witnesses. 5. The circumstances which were sought to be used against the accused were of 'last seen'. The circumstance of last seen are remote and not in proximity of the time and place of death. ak l IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD (2) CR.APPLN./3479/2011 6. We are satisfied that no case is made out for indulgence in the background that the judgment being not perverse or shown to rendered without considering any piece of evidence on record. 7. There is no merit in the application so also appeal. 8. Hence, Application and Appeal are dismissed. (A.R.JOSHI,J.) (A.H.JOSHI,J.) ... ak l