1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.61 OF 2007 IN CRIMINAL APPLICATION NO.304 OF 2007 The State of Maharashtra ..Applicant V/s. Vahedu Rehman Mohmedar Mira & anr. ..Respondents Mr.P.S.Hingorani, A.P.P, for the State CORAM : F.I.REBELLO & K.U.CHANDIWAL, JJ. DATE : 2ND JUNE, 2008 P.C. . With the assistance of the learned A.P.P we have gone through the Judgment of the learned Trial Court. Hence, application for condonation of delay as also application for leave have been disposed of by this common order. 2. The case of the prosecution is that on 8th April, 2005, the body of Shabbir was discovered by one Anisa. The respondent Nos.1 and 2 were chargesheeted for the offence punishable under Section 2 302 of the Indian Penal Code. The discovery of the clothes was made at the instance of respondent No.1 on 30th April, 2005 and at the instance of respondent No.2 on 1st May, 2005. The learned Trial Court considered the report of C.A and held that it was not proved that the blood stains on the articles were those of Shabbir. This was the only circumstantial evidence. 3. In a case of circumstantial evidence the prosecution must establish the entire chain. In the instant case, even recovery of the clothes containing blood stains of the deceased has not been established. In these circumstances, in our opinion, the learned Judge was right in giving benefit of doubt to the accused. Considering the above, both the applications for condonation of delay as also application for leave are dismissed. (F.I.REBELLO, J.) (K.U.CHANDIWAL, J.)