1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 819 of 2010 IN Criminal Appeal No. of 2010 [State of Mah. Vs. Shaikh Wahid son of Shaikh Habib & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Smt. B.P. Maldhure, APP for appellant-State ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 02nd December, 2010. 1. This is an application for leave to appeal. 2. Case pertains to death of Shaminabee. 3. Initially, a report of suicide by hanging was filed. Lateron, the case was investigated and a charge-sheet for subject- matter of death was filed for offences under Section 498-A, 302 read with Section 34 of Indian Penal Code. 4. Perused the Judgment and evidence. Heard learned APP Mrs. Maldhure for the appellant-State. 2 5. As far as the offence of ill-treatment in relation to dowry-related death is concerned, it is seen that the learned Sessions Judge found the statements of witnesses regarding ill- treatment to be totally unworthy of trust, as the witnesses had no occasion to observe the ill-treatment and evidence in that respect being hearsay. 6. Prosecution has relied upon evidence of medical witness in so far as offence punishable under Section 302 of Indian Penal Code is concerned. 7. In so far as the statement of medical witness  Dr. Gaurav Gawai is concerned, he had reported in Post-mortem Examination that the death is homicidal. In the cross-examination, however, he has admitted the fact that the damage to internal organs, bones, cartilage etc., matched with suicidal death, and not to damage to the organs which occurs in case of homicidal death as recorded in Modi s Medical Jurisprudence. 8. The settled law in appeal against acquittal is that when two opinions are available from the evidence, one in favour of accused has to be believed. In the present case, two opinions were not available, since the medical witness 3 categorically ruled out the possibility of homicidal death. 9. Thus, the judgment of acquittal is well founded. 10. In the result, Appeal against Acquittal has no merit. 11. Application for leave to appeal and Appeal are accordingly rejected. Judge Judge |Hedau|