-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.57 OF 2008 APPLICATION NO.57 OF 2008 APPLICATION NO.57 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 338 OF 2008 APPLICATION NO. 338 OF 2008 APPLICATION NO. 338 OF 2008 The State of Maharashtra. ... Applicant. V/s. Pradip Shivaji Bhosale & Anr. ... Respondents. Mr.P.S. Hingorani, A.P.P.for the State. Mr. Ganesh Gole, for the Respondents. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 22ND APRIL, 2008. : 22ND APRIL, 2008. : 22ND APRIL, 2008. P.C. P.C. P.C. : : : . Criminal Application No.57 of 2008 is for condonation of delay of 304 days in preferring the application for leave to appeal. On behalf of the Respondents, the learned Counsel opposed the condonation of delay. 2. Criminal Application No.338 of 2008 is for leave to appeal against the judgment of the learned Judge who has acquitted the Respondents - Original Accused Nos.1 and 2 for the charge punishable under Section 302 of the Indian Penal Code. The charge under Section 302 of the Indian Penal Code was in respect of causing the death of Tarabai. In the -:2:- evidence of Dr. Gaikwad, who had examined Tarabai on 22.8.2000 he has noted that he has found injuries and after primary treatment, she was referred to Sasoon Hospital. At Sasoon Hospital, Dr. Chabukswar suspected perforated peritonitis and Dr. Puri who conducted autopsy found peritonitis coupled with meningitis and brancho-pneumonia. At the time of her death, Tarabai was 70 years old. The three Doctors examined Tarabai have opined that old age, weak digestive system and several other reasons could cause a swelling of abdomen and peritonitis. Dr. Patil found that the possible cause of death was septicemic shock but he was not sure what had caused septicemia. 3. The incident had occurred in the evening of 20.8.2000. From the evidence led by the prosecution it has come on record that Babasaheb, his wife Savita and sister-in-law were knowing that Tarabai was assaulted. Even then they did not disclose the same to the police on 21.8.2000 nor the witnesses disclosed this fact to any of the person. It was for the first time on 22.8.2000 that the incident was told to the police when the additional statement of Babasaheb was recorded. Tarabai died on 21.8.2000. 4. Considering the medical evidence on record and the fact that the assault to Tarabai is not proved, in our opinion the acquittal by the learned Judge for the -:3:- offence punishable under Section 302 of Indian Penal Code cannot be faulted. 5. Considering above, both the application for condonation of delay and leave to appeal are dismissed. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)