1 CR.APL NO.2672/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPLN/2672/2011 THE STATE OF MAHARSHTRA [Criminal] V/S DAGDU MAROTRAO MORE AND ORS -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.D.Godbharle, APP for applicant State. ... CORAM: A.H.JOSHI AND A.R.JOSHI, JJ. DATE:AUGUST 25th,2011 1. This is an application by the State for leave to prefer appeal. 2. The accused (respondents) were tried for commission of offences under Sections 304 (II), 323, 324, 504 read with Section 34 of IPC and under Section 25(1)(a) of Arms Act. 3. Learned A.P.P. does not dispute the position that, even upon accepting version contained in the statements of all the prosecution witnesses, Section 304, Part (II) of IPC would not be attracted. Nevertheless, the incised wound being caused by Katti, which could be a deadly weapon, the offence under 2 CR.APL NO.2672/2011 Section 324 Part (II) of IPC was certainly proved. 4. Learned Sessions Judge has disbelieved the witnesses on the ground of failure to assign the history leading to the injury and, consequently, failure to prove the guilt beyond reasonable doubt. 5. The grounds on which the acquittal is based are sound and we cannot take a different view of the matter just for asking. 6. Application and appeal have no merit and are dismissed. (A.R.JOSHI) (A.H.JOSHI) JUDGE JUDGE ... agp/2672-11crapl