1 A-4333-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 4333 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 The State of Maharashtra ..Applicant /Orig. Complainant versus Aba @ Abhay Budhaji Ahire ..Respondent/Orig. Accused Mr. H. J. Dedhia - Additional Public Prosecutor – for the Applicant / State. CORAM : D. D. SINHA AND A. P. BHANGALE, JJ. DATED : OCTOBER 04, 2010. P.C. : 1. Heard the learned Additional Public Prosecutor for the Applicant / State. 2. The Criminal Application for leave to file appeal is filed by the State against the judgment and order dated 23rd February 2010 passed by the Additional Sessions Judge-1, Malegaon, Dist: Nashik, whereby the respondent came to be acquitted for the offence punishable under Section 2 A-4333-10 302 of the Indian Penal Code. 3. In the instant case it is not disputed that there is absolutely no evidence on record to show that the accused was seen in the company of deceased from 8th August 2003 to 12th August 2003 when the dead body of the deceased was found. It is also not in dispute that the probable cause of action could not be given by a doctor since the dead body of deceased Alka was highly decomposed. 4. Considering these vital aspects coupled with the other attending circumstances, we are of the view that the findings of acquittal recorded by the trial Court are just and proper, needs no interference. Leave refused. Criminal Application and Criminal Appeal, both, are dismissed. (D. D. SINHA, J.) (A. P. BHANGALE, J.)