1appln-3278-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3278 of 2010 (For leave to Appeal) IN CRIMINAL APPEAL No. /2010 The State of Maharashtra .. Applicant. Versus Bapu Yallappa Wajantri & Anr .. Respondents. Mrs A.S. Pai, Additional Public Prosecutor, for the State. CORAM:- D.D. SINHA AND A.R. JOSHI, JJ. DATE :- 13TH SEPTEMBER, 2010. P.C.:- 1. Heard Mrs A.S. Pai, the learned Additional Public Prosecutor for the Appellant. 2. The criminal appeal is directed against the judgment and order of acquittal, dated 22.4.2010, passed by the Additional Sessions Judge, Gadhinglaj, whereby all the respondents/accused came to be acquitted L 2appln-3278-10 for the offence punishable under Section 302 read with section 34 of Indian Penal Code. 3. We have considered the contentions canvassed by the learned Additional Public Prosecutor and perused the judgment of the trial Court. 4. It is not in dispute that the case is based on circumstantial evidence and the prosecution heavily relied on the circumstance of deceased last seen with the accused, as well as seizure of blood stained clothes of the accused. In the instant case, the complainant (the mother of the deceased Anil) though lodged first information report on 8.1.2009, however, she has not implicated any of the respondents in the crime in question and for the first time made allegations against them in her supplementary statement which was recorded by the police two days thereafter. 5. It is also not in dispute that the prosecution has examined PW 9 Vijay, PW 10 Ananda, PW 11 Sanjay and PW 12 Sachin on the point of deceased last seen with the accused at 1:00 a.m. on 8.1.2009. However, the Investigating Officer, for the first time, recorded their statements twenty days after the dead body of deceased came to be L 3appln-3278-10 recovered. In the instant case, though the blood was detected on the clothes of the accused, however, the chemical anylser’s report only shows that it was a human blood, however, blood group could not be detected. 6. Taking into consideration, the totality of the above referred circumstances, particularly, delay in recording the statements of important witnesses on the point of last seen as well as nothing was alleged in the FIR, which was lodged on 1.8.2009 by the complainant, we are of the view that the finding of acquittal recorded by the trial Court is sustainable in law. No case is made out for showing indulgence. 7. Hence, Criminal Application No. 3278/2010 as well as the appeal, both, are dismissed. (D.D.SINHA,J) (A.R.JOSHI,J) L