1 APPLN 177.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 177 OF 2011 The State of Maharashtra. ... Applicant. V/s. Mahadev Babu Jadhav. ... Respondent. Mr. J.P. Yagnik, APP for the State. Mr. K.M. Mhatre for the Respondent. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 14th JULY 2011. P.C. :- Heard. 2. This Appeal is directed against the Judgment and order of acquittal of the Respondent. The charge is under Sections 302 and 392 of I.P.C. 3. We have perused the deposition placed on record. We have considered the submissions advanced by the learned Counsels appearing for the Applicant and the Respondent - Accused. The learned Counsel appearing for the Applicant placed reliance on the Judgment of the Supreme Court in the case of State of U.P. V/s. Gambhir Singh & Ors. reported in (2005) DGLS (Cri.) Soft 290. 2 APPLN 177.11.sxw 4. The prosecution case is mainly based on recovery of gold chain, gold ring and wrist watch. The prosecution placed reliance on evidence of last scene together. 5. We have perused the deposition of the witnesses. We find that the prosecution evidence has infirmities. The case is based on circumstantial evidence. 6. The chain of circumstances is not complete for arriving at some conclusion that the Respondent must be guilty. The view adopted by the trial Court is correct. We do not find that this is a fit case for admitting Appeal of the State. Leave is refused. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)