1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5089 OF 2009 The State of Maharashtra .. Applicant Versus 1. Vasant Mukundrao Fad Kanherwadi, Tehsil Parali, Dist. Beed 2. Jivraj Bhanudas Kanade 3. Vilas Limbaji Gite Kanherwadi, Tehsil Parali, Dist. Beed .. Respondents. Mr. H. J. Dedhia, APP for the Respondent State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : Reserved for order on 6/1/2010 Order declared on 9 /2/2010 P. C. (Per Mridula Bhatkar, J.) 1. This application is filed by the applicant-State seeking leave to appeal against the order of acquittal. Learned Sessions Judge, Pune, by his order dated 21 st November, 2008 acquitted 2 the respondents accused from the offence punishable under Section 302, 201 and 392 read with 34 of the Indian Penal Code. 2. The case of the applicant is that the accused persons hired one Scorpio Jeep at Ambejogai to go to Pune. After travelling some distance and having lunch at Dhaba in Ahhemdnagar near Jamked, the accused strangulated the deceased. They took him out of the Jeep, and assaulted on his head with heavy stone. 3. Learned APP contended that the learned Sessions Judge did not properly appreciate the evidence of PW-6- Prashant Joshi and PW-10- Prasad Joshi, who had last seen the deceased with the accused. It is further submitted that the learned Judge ought to have considered the fact that the accused were found in possession of the Stolen property i.e. Scorpio Jeep along with weapons and blood stained clothes. 4. On perusal of the judgement and the evidence, we find that the learned Special Judge has taken a correct approach and rightly observed that the prosecution has not explained the delay 3 in recording the statement of PW-6 and PW-10. Identification of the accused as co-travellers in the jeep is not established by the prosecution beyond reasonable doubt. The case is based on circumstantial evidence, however the Police have not meticulously investigated the offence to make the case full proof. Assuming that the prosecution has proved that jeep of the deceased was in the possession of the accused and the accused were last seen together in the said jeep, the accused cannot be convicted on these circumstances in the absence of other cogent evidence. There are several missing links in the chain of circumstances and therefore, in our opinion, the view taken by the Trial Court is a reasonably possible view. 5. We find no illegality or perversity in the order passed by the Judge. It is not a fit case where the leave to appeal can be granted. In the result, the application for leave to appeal is rejected. (MRS. MRIDULA BHATKAR, J. ) ( MRS.RANJANA DESAI, J.) jpc/-