1 appln3691.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.3691 OF 2010 In CRIMINAL APPEAL NO. OF 2010 The State of Maharashtra : Applicant (Orig. Complainant) V/s. Pravin Laxman Sakpal & Ors. : Respondents (Orig.Accused 1 to 6) ... Ms M.H.Mhatre, Addl. Public Prosecutor for the applicant. .... CORAM : D.D. SINHA & A.R.JOSHI,JJ. DATE : SEPTEMBER 07, 2010. P.C.: Heard the learned Addl. Public Prosecutor for the applicant. 2. This Criminal Application is filed for seeking leave to file an appeal against the judgement and order dated 27.4.2010 passed by the 2nd Ad-hoc Addl. Sessions Judge, Mumbai at Sewree whereby the respondents-accused are acquitted for the offences punishable under sections 498A, 306, 304-B read with section 34 of the Indian Penal Code. 3. The learned Addl. Public Prosecutor for the applicant has submitted that in order to bring home the guilt of the accused for the 2 appln3691.10 offences charged, the prosecution has examined P.Ws.1, 5, 6, 10 and 12. So far as the offence punishable under section 498-A is concerned, it is fairly conceded that in the testimony of these witnesses, it has not come specifically the nature of ill-treatment, the time and place, though all of them have made general statement about the harassment and ill-treatment given to the deceased Rima. Similarly, the learned Addl. Public Prosecutor has not disputed that though the prosecution tried to prove the charge under section 304-B, evidence, that the deceased before her death was subjected to cruelty or harassment by her husband or relatives of her husband specifically in connection with the demand of dowry, is lacking. Similar is the situation of evidence in respect of charge under section 306. 4. Taking into consideration the overall view of the matter as well as the limited jurisdiction this Court exercises while considering an appeal against acquittal, we are of the view that the findings of acquittal recorded by the trial Court are sustainable in law. No case is made out for showing indulgence. Leave refused. Criminal Application stands dismissed. (D.D. SINHA, J.) (A.R. JOSHI, J.)