1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4214 OF 2009 The State of Maharashtra, Through Police Station, Chakur Tq.Chakur Dist.Latur, For Complainant Fakirsab Mahemoodsab Munjawar, R/o.Nalegaon, Tq.Chakur, Dist. Latur APPLICANT VERSUS 1. Anis S/o.Vikhar Ahmed Jahagirdar, Age-34 years, 2. Mahefooj S/o.Vikhar Ahmad Jahagirdar, Age-28 years, both R/o.Nalegaon, Tq.Chakur, Dist. Latur RESPONDENTS Mr.N.R.Shaikh, learned counsel for the applicant. Mr.S.J.Salgare h/f. Mrs.S.S.Jadhav, learned counsel for respondent no.1 and 2. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 03/09/2010 PER COURT : 1. This is an application seeking leave to file appeal against the acquittal of the respondents for the offence punishable u/s. 302 and 307 r/w. 34 of The IPC, as recorded by the Ad-hoc Additional Sessions Judge-3, Latur, by judgment dated 20/05/2009, in 2 Sessions case No.18/2006. 2. We have heard learned A.P.P. on behalf of the applicant and Shri.Salgare, learned counsel on behalf of respondents no.1 and 2. With the assistance of learned counsel for the parties, we have perused the findings recorded by the Trial Court as well as the notes of evidence from the record and proceedings. Upon such perusal, we are of the opinion that this is a fit case for granting leave to file appeal. We, accordingly, allow this petition. Leave granted as prayed for. 3. Appeal admitted. 4. Learned counsel for respondents accepts notice of admission of the appeal on behalf of respondents no.1 and 2. Since the respondents have filed Criminal Appeal No.306/2009, which is pending in this Court, we do not consider it necessary to issue any directions in respect of Section 390 of The Cr.P.C. This appeal to be heard alongwith Cri.Appeal No.306/2009. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEPT. 2010/cri.appl.4214-09