1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.92 of 2010 In Criminal Appeal No. of 2010 (State of Maharashtra v. Vinod Ashok Shinde and others) ---------------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri T.A. Mirza, Additional Public Prosecutor for Applicant. Coram : A.P. Lavande and R.C. Chavan, JJ. Dated : 21 st April, 2010 Heard Shri T.A. Mirza, learned Additional Public Prosecutor for the applicant/State. By this application, the applicant seeks leave to appeal against the judgment and order dated 17-5-2009 passed by the learned Ad hoc Additional Sessions Judge-2, Wardha, in Sessions Trial No.49 of 2007, acquitting the respondents of the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. It was the case of the prosecution that respondent No.2 had illicit relations with injured Rajesh and hence all the respondents conspired to kill him and consequently assaulted him 2 when he had gone to the house of respondent No.3 on 7-12-2006. The learned Trial Judge upon appreciation of evidence held the accused not guilty, since injured Rajesh (PW 2) himself stated that when he entered the house of respondents No.3, water containing chilly powder was thrown on him and soon he suffered giddiness and became unconscious. The learned Trial judge held that since the injured had become unconscious, he could not have identified the assailants and consequently acquitted the respondents of the offence with which they were charged. Having heard the learned APP for the applicant and having perused the impugned judgment and order, we are of the considered opinion that no case has been made out for interference by this Court. The findings given by the learned Trial Judge for recording acquittal of the respondents for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code cannot be said to be perverse or illegal, warranting interference by this Court in an appeal from acquittal. Consequently, the application for leave to appeal is rejected. Judge. Judge. pdl