1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4064 OF 2009 The State of Maharashtra .. Applicant (Orig.Complainant) Versus Sanjay s/o Shravana Bhangare and ors. .. Respondents (Orig.Accused) Shri S.V.Kurundkar, Addl.Public Prosecutor for applicant-State CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 3rd December 2009 PER COURT 1. By this application, the applicant-State seeks leave to file appeal against the judgment of the Additional Sessions Judge, Sangamner, dated 25.3.2009, in Sessions Case No.38 of 2004, acquitting the respondents of offence punishable under Section 302 read with 34, 498-A read with 34 and 201 read with 34 of the Indian Penal Code. According to the prosecution, the accused in furtherance of their common intention committed murder of deceased Meena somewhere on 29.8.2004. Meena was found missing from 29.8.2004 and her dead body was discovered on 31.8.2004 near a stream. The prosecution has alleged that deceased Meena was ill-treated by the accused on account of the illicit relations of accused No.1 with one lady by name Kalabai. On the basis of the report lodged by father of deceased Meena, an offence came to be registered and a charge-sheet came to be filed. 2 2. During the course of investigation, the accused is alleged to have made disclosure statement relating to the recovery of a wooden log and the clothes of accused No.1. As per the report of the Chemical Analyzer, at Exh.69, the clothes of accused Nos.1 to 3 were not found stained with blood. The Court, therefore, doubted the panchnamas at Exh.44, Exh.45 and Exh.46 relating to the seizure of the clothes. In respect of the wooden log and a black quilt, the Court found that the aforesaid articles had not been hidden and the place was accessible to all. The trial Court at paragraph 40 of the judgment in respect of recitals of the inquest panchnama which referred to the dead body of deceased Meena being wrapped in a black quilt, came to the conclusion that no reliance could be placed on the aforesaid discovery memorandum. Apart from this there was no other evidence which would connect the accused with the offence. In fact, the trial Court accepted the plea of alibi of accused and also recorded the finding that there was no evidence that deceased Meena had been ill-treated by the accused in furtherance of their common intention on the ground of alleged illicit relations between accused No.1 and Kalabai. The trial Court found that the fact of illicit relations between accused No.1 and Kalabai was also not proved and on the basis of the evidence on record the trial Court acquitted the respondents. 3. We have heard learned Additional Public Prosecutor for the applicant-State with whose assistance we have perused the findings 3 recorded by the trial Court. Upon such perusal, we do not notice any perversity in the reasoning of the trial Court to warrant any interference in this appeal against acquittal. The view taken by the trial Court appears to be a possible view to be taken on the basis of evidence on record. In that light of the matter since there is no merit in the application, application is dismissed. ( A.V.NIRGUDE, J.) ( P.V.HARDAS, J.) (vvr/4064.09criappln)