1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.937/2010 in Criminal Appeal No. / . The State of Maharashtra, through Police Station Officer, Police Station Ballarsha, Tah. Ballarpur, Dist. Chandrapur. ..Versus.. Pramod S/o Vistari Bhanarkar, R/o Junona, Tah. & Dist. Chandrapur. ----------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ----------------------------------------------------------------------------------- [Mr. T.A. Mirza, APP for appellant] CORAM:- A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATED:- 20.01.2011 1. This is an application for leave to appeal. State is aggrieved by judgment and order of acquittal in Sessions Case No.51/2009 delivered by Extra Joint Adhoc Additional Sessions Judge, Chandrapur. 2. Respondent was charged for offence under sections 498-A, 306 and 302 of the Indian Penal Code. The prosecution has examined as much as eight witnesses. The crucial witnesses are P.W.4 (Bebitai 2 Padanwar) and P.W.5 (Kundatai Borkar). The learned Sessions Judge recorded that in the statements made before police the witnesses had admitted that deceased Vidya told them that she has committed suicide. The said aspect being admitted by the witnesses, the learned Sessions Judge found that the story that deceased Vidya made dying declaration was thereby rendered untrustworthy. 3. The judgment of acquittal which is based on due appreciation of evidence, therefore, does not call for any interference. 4. The application for leave to appeal [Criminal Application (A.P.P.A.) No.937/2010] and appeal have no merit and therefore, are dismissed. JUDGE JUDG E Tambaskar.