IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4043 OF 2006 The State of Maharashtra. ..Applicant. Vs. Vilas Krishna Sapkal and ors. ..Respondents. Mrs.A.A. More,APP. for the Applicant. CORAM: R.S. MOHITE, J. DATE : 16th July, 2008 P.C. P.C. P.C. 1. This is an application filed by the State for leave to file appeal against the acquittal of the accused of the offences punishable under Section 498A and 306 read with 34 of the I.P.C. I have perused the impugned judgment and order. Though the prosecution case is that there was demand, two dying declarations of the deceased Shobha do not disclose any demand being made by the members of the matrimonial family. The contents of the dying declarations indicate that she set herself to fire because she was not being properly maintained. The FIR is lodged after 3 days. It has been recently held by the Apex Court that mere cruelty without direct or indirect evidence of instigation is not enough for conviction under Section 306 of the I.P.C. ( Sohan Sharma Vs. State of Haryana 2008(3) S.C.C. Page 89). In these circumstances, the view taken by the trial court is possible view. This is not a fit case to grant leave. Hence, leave refused. Consequently the appeal papers to be filed. (R.S. MOHITE, J.)