1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.4318/2008 IN CRIMINAL APPEAL NO.833/2008 State of Maharashtra, Through the Station Officer, Police Station Tamgaon, District : Buldhana ...Versus... Manikrao Namdeo Marode and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri D.B. Patel, APP for applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 04.02.2009 Heard A.P.P. for the applicant. The trial Court has recorded the order of acquittal finding that though the charge was levelled against the accused persons under Sections 323, 324, 325 and 504 r/w 34 of the Indian Penal Code, the Doctor was not examined. As a result, I do not think that the trial Court made any error in holding that in the absence of evidence of Doctor, it was not possible to draw any conclusion regarding establishment of proof for those offences. It is further seen that even the 2 Investigating Officer was not examined, which may or may not be fatal to the prosecution case, but then the prosecution did not discharge its duty of leading the minimum required evidence. Learned A.P.P. submits that under Section 323 of the Indian Penal Code offence could be made out, but with finding that the evidence of the eye witnesses has been disbelieved by the trial Court, it will not be proper to interfere with the judgment of the trial Court. Criminal Application No.4318/2008 is dismissed. Criminal Appeal No.833/2008 is also dismissed. JUDGE ssw