1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 723 OF 2010 State of Maharashtra, thr. P.S.O. P.S. Warud, Distt. Amravati v. Namdeo Motiramji Gadge & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. M.J. Khan, APP, for applicant/appellant. ..... CORAM: A.H. JOSHI & A.B.CHAUDHARI, JJ. DATED : 31st JANUARy,_2011. This is an application for leave to appeal. 2. The non-applicants/accused were charged for the offences punishable under Sections 307, 147, 148, 427 and 149 of Indian Penal Code. 3. The learned Additional Sessions Judge, Amravati, has ordered acquittal. The said acquittal is challenged in this appeal. 4. Heard learned A.P.P. and perused the judgment. 5. It is seen from the judgment that 2 recovery of incriminating articles was not proved as panch witness P.W.3 Ganesh turned hostile. The statement of investigating officer cannot take the place of evidence of panch witness. 6. The deadly weapons relied upon by the prosecution do not match with the injuries proved by Dr.Vikram (P.W.7). Moreover, those injuries are not of such nature that they would in ordinary course of nature cause death. The evidence relating to unlawful assembly and common object is also untrustworthy. 6. In appeal against acquittal, second opinion from the evidence cannot be drawn merely for asking. It is not the case of the State that any material evidence on record is not considered. 7. In the result, the application for leave has no merit. The application for leave and Appeal both are dismissed. JUDGE JUDGE /TA/ 3