bsb 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. 4537 OF 2008 APPLICATION NO. 4537 OF 2008 APPLICATION NO. 4537 OF 2008 (For leave to appeal) The State of Maharashtra ... Applicant v/s Shamrao Ranaba Naik ... Respondent Ms.A.T.Zaveri, A.P.P for the applicant. CORAM: CORAM: CORAM: A. S. OKA, J. A. S. OKA, J. A. S. OKA, J. DATED: DATED: DATED: 6TH JANUARY, 2009 6TH JANUARY, 2009 6TH JANUARY, 2009 P.C. P.C. P.C.: 1. Heard the learned A.P.P for the State in support of the application. 2. The applicant State is seeking leave to prefer an appeal against an order of acquittal dated 26.8.2008 by which the respondent accused has been acquitted of the offences punishable under Section 498A and 306 of the Indian Penal Code. The learned A.P.P has taken me through the judgment and order as well as the notes of evidence. The submission of the learned A.P.P is that the impugned judgment and order is perverse which calls for interference. 2 3. After having considered the submissions and after having perused the impugned order, I find that the conclusion arrived at by the learned Judge appears to be a possible conclusion. Out of the seven prosecution witnesses, four turned hostile. The brother of the deceased wife admitted in cross-examination that his sister was never subjected to cruelty by the accused during the period of her cohabitation with the accused. 4. The prosecution relied upon the dying declaration of the deceased recorded by PW-7 Anappa Kamble. The learned Judge has noted that from the date of the incident the deceased was alive for four days and during the period of four days, the Special Executive Magistrate was not called for recording the statement of the deceased. The learned Judge has recorded reasons for discarding the evidence is in the form of dying declaration. The incident took place after 23 years of married life. This appears to be the admitted position borne out from the record. 5. Taking the overall view of the matter, no case is made out for interference. 6. Criminal application is accordingly rejected. 3 ( A.S.OKA, J. ) A.S.OKA, J. ) A.S.OKA, J. )