1 Cri-A-129-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 129 OF 2011 IN CRIMNAL APPLICATION NO. OF 2011 IN CRIMINAL APPEAL N. OF 2011 Sindhu Tukaram Gade ... Applicant (Orig. complainant) vs. Tukaram Raghunath Gade & Ors. ... Respondents Mr. B.A.Lawate, Advocate, for the applicant. Mr. K.B.Sonwalkar, Advocate, the respondent Nos. 1 to 6. Mr. Y.S.Shinde, APP, for the respondent No.20 - State. CORAM: J.H.BHATIA,J. DATE : 15th September, 2011. P.C. 1. Heard. 2. For the reasons given in the application and in the interest of justice, delay of 168 days in filing the appeal is hereby condoned. Application stands disposed of. 2 Cri-A-129-11.sxw 3. Criminal Application for leave to prefer appeal be registered. 4. As the charge sheet was filed only against accused Nos.1 and 3 to 6 were charged and put to trial for the offence under Sec. 498A and 494 of IPC and they were convicted for the offence under Sec. 498A read with Sec. 34 of IPC while they were acquitted under Sec. 494 of IPC. The respondent No.2 and 7 to 19 were not charged, tried and acquitted. Therefore, appeal cannot be preferred against them. In view of this, names of respondent Nos. 2 and 7 to 19 be deleted. Amendment be effected immediately. 5. PW-4 Sudhir Jadhav and PW-5 Shatrughan, who is brother of the complainant Sudhu Gade, were examined on the point of second marriage of accused No.1. According to PW-5 Shatrughan, he had come to know about marriage from PW-4 Sudhir and he went there and tried to stop the marriage, but in vain. PW-4 Sudhir deposed that when he visited the Aklai Mandir at Akluk, second marriage of accused No.1 was being performed. None of these two witnesses deposed about the ceremony of marriage. The learned trial Court has observed that as no evidence is led about the ceremony of the alleged second marriage, the prosecution has failed to prove that the second marriage was in fact performed and therefore he acquitted accused No.1 for the offence under Section 3 Cri-A-129-11.sxw 494 of IPC and accused Nos. 3 to 6 under Sec. 494 read with Sec.109. I have gone through the evidence of PW-4 Sudhir and PW-5 Shatrughan. They have not uttered a word about actual ceremony which was performed. Therefore, I find no fault with the order of acquittal. No purpose will be served by granting leave to prefer appeal. Leave to prefer appeal against acquittal is hereby refused. Application stands rejected. (J.H.BHATIA,J.)