1 CR.APL NO.2264/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPLN/2264/2011 THE STATE OF MAHARASHTRA [Criminal] V/S ASHOK RAMRAO UGHADE AND ORS In APPLN/2263/2011 WITH APPLN/2263/2011 THE STATE OF MAHARASHTRA V/S ASHOK RAMRAO UGHADE AND ORS -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.N.B.Patil, APP for applicant State. ... CORAM: A.H.JOSHI AND A.R.JOSHI, JJ. DATE:AUGUST 25th,2011 1. This is an application for leave to appeal and the appeal. 2. The accused persons were tried for commission of offense under Sections 498- A, 307, 323, 504 read with Section 34 of IPC. 3. Heard learned A.P.P. and perused the judgment. It is seen that the evidence relating to dowry related demand and ill- treatment based thereon, is not adequate to attract the charge and prove it, as far as Section 498-A of IPC is concerned. 2 CR.APL NO.2264/2011 4. In so far as the charge for an offence under Section 307 of IPC is concerned, the medical opinion is not unanimous; rather, it gives plurality as to the nature of injuries and probable cause. The presence of eye witnesses has come in serious doubt and, in the result, the story as to the manner in which the incident has taken place has come in doubt. In the result, the learned Sessions Judge has held that the prosecution has failed to prove the charge. 5. Upon consideration of the entire matter, we are of the view that any other opinion than the one arrived at by the learned Sessions Judge is not possible in the facts and circumstances of the case. 6. In the result, we dismiss the application seeking leave to prefer appeal and the appeal. Application for condonation of delay (No.2264/2011) is disposed of. (A.R.JOSHI) (A.H.JOSHI) JUDGE JUDGE agp/2264-11crapl