1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Cri. APPA No.207/2009 in Cri. Appeal No...../2009 State of Maharashtra Vs. Umesh Pralhadrao Katyarmal and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM: A.P. LAVANDE & R.C.CHAVAN, JJ. DATE : 19/03/2010. Heard Mr. Mirza, learned APP appearing on behalf of the applicant/State of Maharashtra. By this application, the applicant seeks leave to appeal from the judgment and order of acquittal dated 7th April, 2009 passed by Additional Sessions Judge, Akola acquitting the respondents of the offences punishable under Sections 498-A, 302, 506 read with Section 34 of the Indian Penal Code. Having heard the learned APP for the applicant and having perused record, we are of the considered opinion that no case is made out for grant of leave to appeal against acquittal passed by the trial Court. In our opinion, the trial Court has rightly disbelieved dying declaration made by deceased Chitra Katyarmal to PSI Ramhari Pethe (PW 7). The evidence of mother and sister of deceased Chitra has been correctly appreciated by the trial Court. The findings recorded by the trial Court while acquitting the respondents of the offences for which they were charged cannot be said to be 2 perverse warranting interference in appeal against acquittal. In our opinion, no case is made out for grant of leave to appeal. Hence, the application is rejected. JUDGE JUDGE Ambulkar.