1 criap-4885.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4885 OF 2011 (For condonation of delay) WITH CRIMINAL APPLICATION NO. 4886 OF 2011 (For leave to Appeal) The State of Maharashtra, through Police Station, Applicant/Orig. Tamsa, District Nanded. Complainant versus Kundlik s/o Champati Dhumale, age 40 years, r/of Tamsa, Tq. Respondent/ Hadgaon, District Nanded. orig. accused. ------ Smt. S.D. Shelke, A.P.P. for the applicant-State. ------ Coram: A.H.Joshi and A.M.Thipsay, JJ. Date : November 23, 2011. Judgment (Per: A.H. Joshi, J.) 01. State was called upon to argue the matter on merits, although application for condonation of delay in filing application for leave to file appeal, was listed on board. 02. This course was adopted in order to avoid undue embarrassment and vexing of the respondent-accused to attend 2 criap-4885.11 the court frequently, in the event the appeal is eventually found to be without merits, by blindly issuing notice on the application for condonation of delay. 03. Accordingly, learned A.P.P. has addressed the court on merits. 04. Perused the impugned judgment. 05. The accused was charged for offences punishable under Sections 498-A and 302 of the Indian Penal Code. The prosecution has failed to examine son of the deceased, who was the eye witness. 06. The trial court has also held that the dying declaration, as well as FIR, suffer from suppression of facts. 07. These crucial adversities have not been overcome by the prosecution, by showing it from the record that these findings are perverse. 08. In the result, we are satisfied that the appeal has no merits. 3 criap-4885.11 09. Having seen that the appeal has no merits, application for leave to file appeal and application for condonation of delay stand dismissed. (A.M. THIPSAY, J.) (A.H. JOSHI, J.) pnd/criap-4885.11