1 spb/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 5221 OF 2009 (FOR LEAVE) IN CRI. APPEAL NO. .... OF 2009 The State of Maharashtra, ... Applicant. through Nasik Rd.Police Station, Nasik (Org.Complainant) Versus 1. Amol Shamsan Kadam & 3 others. ... Respondents. (Org. Accused). --- Mr. A.S. Shitole, APP for the Applicant-State. Mr.A.S.Khandeparkar i/by Khandeparkar & Associates for the Respondents. --- CORAM : B. R. GAVAI, J. DATED : 04th March, 2010. P.C. : 1. By this application the applicant- States seeks leave to file appeal against acquittal. In the Appeal the applicant-State sought to challenge the order of acquittal passed by the learned Assistant Sessions Judge, Nasik. By the impugned order, the respondents -accused came to be acquitted under section 235 of the Code of Cri. Procedure for the offences punishable under sections 498A and 306 of the Indian Penal Code r/w. section 34 of IPC. At the conclusion of the trial, the learned Assistant Sessions Judge, 2 Nasik found the evidence of the prosecution witnesses of full of omissions and contradictions and held that the prosecution has miserably failed to prove its case. 2. The scope for interference by this court in an appeal against acquittal is very limited. Unless it is found that the view taken by the learned trial court is perverse and /or it has failed to appreciate the evidence in its proper perspective, interference by this court is not warranted. Perusal of the impugned judgment and order shows that the learned trial court upon appreciation of evidence was perfectly justified in its conclusion. Further nothing was placed on record to show that prior to the death of the deceased any complaint was made by the deceased to the prosecution witnesses. It is further found that no neighbourer has been examined about alleged ill treatment to the deceased by the accused. The learned trial court further found that the prosecution has failed to establish that the death of the deceased was a suicidal death. From the evidence on record it is found by the trial court that the possibility of accidental death also could not be ruled out. 3. No perversity is noticed in the impugned order passed by the learned trial court so as to warrant interference by this court. Hence, the application for leave to appeal is rejected. (B.R.GAVAI, J.)