1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2901 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra. ..... ..... Applicant. Versus Guddu @ Prakash Madan Mohan Bharati. ..... Respondent. Mr. A. S. Gadkari, APP for the Applicant - State. None for the Respondent. CORAM : BILAL NAZKI and ANOOP V. MOHTA, JJ. DATED : 13TH JANUARY, 2009. P.C.: This is an application by the State for leave to file appeal against the order of acquittal of the respondent in Sessions Case No.531 of 2006 passed by the Court of the learned Addl. Sessions Judge, Pune, on 16th April, 2008. 2. The brief facts leading to the filing of the charge sheet against the respondent were that on 24th June, 2006 at about 2.00 p.m. the PSO of Lonawala Police Station passed information to the Investigation Officer that one dead body was lying near Sai Baba Temple situated near Railway Station. The Investigation Officer went there and saw a dead body of a young boy lying in a pool of blood. Two knives and chappals were lying near the 2 dead body. He made inquiry and came to know that the said dead body was of one boy named Jamir Suleman Patel, whose relatives were traced. P.W.1 filed formal FIR that the deceased was his cousin and used to reside at the house of the witness. On 23rd June, 2006 at about 9.00 p.m. he went to ply rickshaw. At about 2.30 a.m. On 24th June, 2006 the police informed him that Jamir was stabbed to death near Lonawala Railway Station. The crime was registered and investigation started. 3. There was no eye witness to the occurrence and the prosecution tried to establish the guilt of the accused on the basis of the circumstantial evidence. The only circumstance which was tried to be proved against the accused was that when the accused was arrested on 25th June, 2006, i.e. 24 hours after the dead body was found, it was found that the accused had injuries on his leg, thigh and right calf. The doctor, who examined the accused, was of the view that the accused had injuries on his right leg, which was caused between 24-48 hours prior to his examination. After arrest, he made a disclosure that he would show the scene of offence, but nothing was recovered at his instance. It was also alleged that the clothes worn by the accused had the blood stains and according to the prosecution they were the blood stains of the blood of the deceased. Samples were sent to the C.A., but report was not exhibited. The only evidence was that the clothes of the 3 accused had blood stains and the accused had injuries. Therefore, in our view, by any stretch of imagination the accused cannot be connected to the crime and the acquittal recorded by the learned Additional Sessions Judge, Pune, cannot be interfered with. 4. In the circumstances, leave to file appeal refused. Application dismissed. Sd/- (BILAL NAZKI, J.) Sd/- (ANOOP V. MOHTA, J.)