1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2006 OF 2007 The State of Maharashtra ..Applicant V/s. Makrand Kalidas Kadam & anr. ..Respondents Mr.P.S.Hingorani, A.P.P, for the State Mr.G.M.Savagave, advocate, for respondent No.2 Mr.S.M.Kamble, advocate, for respondent No.3 CORAM : F.I.REBELLO & K.U.CHANDIWAL, JJ. DATE : 12TH JUNE, 2008 P.C. . From the record we found that the State ought to have served respondent No.1 but he couldnot be served as per the report filed before this Court dated 7th June, 2008 by P.S.I, Laxmipuri Police Station, Kolhapur. 2. We have perused the findings recorded by the learned Judge. In paragraph 15 of the Judgment we find that in the evidence 2 of P.W.17 Dr.Dhakankar who conducted the Post Mortem, he has opined that the death was not homicidal. 3. The only other evidence was the purported recovery of the ornaments at the instance of the accused. The learned Judge recorded a finding that though Gold ornaments were recovered at the instance of the accused, the daughter of the deceased has deposed that Gold ornaments did not belongs to her mother. 4. Considering that this was a case based upon circumstantial evidence and considering the findings that the death was not homicidal and Gold ornaments recovered do not belong to the deceased, this would not be a fit case to grant leave. Hence, application for leave is rejected. (F.I.REBELLO, J.) (K.U.CHANDIWAL, J.)