1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2133 OF 2009 IN CRIMNAL APPEAL NO. OF 2009 The State of Maharashtra ..... Applicant vs. Dilip Dagadu Khairnar & Ors. ..... Respondents Mr. S.R. Shinde, APP applicant. None for respondents. Coram : Smt. R.P.SondurBaldota, J. Date : 28th July 2009. PC : 1. By this application, the State seeks leave to file appeal against the judgment and order dated 6th December 2008 on acquittal of respondents no. 1, 2 and 3 of the offences punishable under Section 498-A and 306 read with 34 Indian Penal Code. The notice of this application has been served upon these respondents. They are not present. 2. The learned Judge has found serious material contradictions in the evidence of witnesses. The material witnesses were PW-1, Jagannath, the brother, PW-2 Tukaram, the father and PW-4, Kautik, maternal uncle. PW-1 deposed that Sarla committed suicide by consuming poison. PW-2 however stated that she was killed by respondents no.1 to 3. PW-4, started with saying that Sarla was beaten by respondent no.1 and 3 and was administered 2 poison. However, he changed his statement to state that she consumed the poison due to ill-treatment and died. The learned Judge noted that the Medical Officer did not find any external injuries on the body of Sarla thereby falsifying the statement of PW-4 that she was beaten and administered poison. The learned Judge also found that there was no nexus between the alleged ill-treatment and commission of suicide. The contradictions in the evidence of all the material witnesses is not explained in any way by the State. I have perused the impugned judgment. The same does not suffered from any error or illegality. Hence, leave to file appeal is refused. The Criminal Application No.2133 of 2009 is disposed off. In view of the refusal of leave, the Criminal Appeal does not survive and the same is accordingly dismissed. (Smt.R.P.SondurBaldota,J.)