1 crim applnn.5824-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5824 OF 2010 The State of Maharashtra ..Application Vs. Sharad Lalman Pasi & Ors. ..Respondents Mr. Y.S. Shinde, AGP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATED: 13th January, 2011 P.C. We have heard Mr. Shinde, the learned A.P.P., in support of this application filed by the State of Maharashtra under Section 378(3) of Cr.P.C., so as to seek leave to appeal against the order of acquittal dated 20th September, 2010 passed by the learned Additional Sessions Judge for Greater Mumbai in Sessions Case No.36 of 2008. 2. As per the prosecution case the husband of P.W.1 Chandrabhan Chouhan died an unnatural death and it was alleged that he was forced to take liquor by the accused and while in that condition he was put in an 2 crim applnn.5824-10 auto-rickshaw, he hit on the iron bar and died. 3. In all six witnesses were examined by the prosecution and it relied upon the evidence of P.W.2 to P.W.5 and P.W.6 who was I.O. P.W.4 and 5 turned hostile and thus what remains was the evidence of P.W.1, P.W.2 and P.W.3. P.W.1 was not an eye witness and P.W.2 was the person who had given a message to P.W.1 stating that her husband was lying at some place in a drunken condition. The trial Court examined the evidence of these witnesses and held that there was nothing brought on record by the prosecution so as to hold that it proved its case beyond reasonable doubt against any of the accused. 4. We, therefore, do not find any case to reconsider the evidence of the prosecution as was placed before the trial Court and hence this Application must fail. 5. Leave to appeal is refused and the application is rejected. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)