1 5.apln2963-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2963 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 [The State of Maharashtra Vs. Smt. Venubai Baban Khale and 4 Ors.] _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Ms.M.H. Mhatre, A.P.P. for the State. CORAM : D. D SINHA & A. P. BHANGALE, JJ. DATED : 01st OCTOBER, 2010 P.C. :- 1. Heard learned Additional Public Prosecutor for the State. 2. Criminal Appeal is directed against the judgment and order of acquittal dated 9.4.2010 whereby the respondents/accused were acquitted of the offences punishable under Sections 302, 498-A, 201 read with Section 34 of Indian Penal Code. 3. Learned Additional Public Prosecutor for the State has submitted that the prosecution case is mainly based on the testimony of PW-2 Vithabai (mother of deceased Rama). It is not in dispute that PPD 2 5.apln2963-10 the First Information Report was lodged by Vithabai on 26.9.2005 i.e. almost after one month of the incident. Similarly the dead body of the deceased Rama was not sent to the Medical Officer for postmortem examination. It is also not in dispute that in absence of postmortem examination, there is nothing on record to demonstrate the probable cause of death of deceased Rama. 4. It is contended that the prosecution has examined other witnesses. However, in our view, their testimonies or their evidence, on its own, is unable to bring home the guilt of the respondents for the offences charged. 5. In the circumstances, no case is made out. Leave refused. Appeal dismissed. (D. D. SINHA, J.) (A. P. BHANGALE, J.)