1 appln37­10 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 37 OF 2010 The State of Maharashtra .. Applicant Versus Balu Nivrutti Jadhav and others .. Respondents Mr. S. A. Shaikh, APP for the Applicant­state CORAM : N. D. DESHPANDE, J. DATE : 7th February, 2011 P. C. 1. Heard Mr.Shaikh, APP for the applicant State at length. He took me through the entire record. 2. This is an application for leave to appeal against the order of acquittal dated 15.2.2007 passed by the learned J.M.F.C. Tasgaon in RCC No. 97 of 1998. 3. The Trial Court acquitted some of the members and the present respondents only were held guilty for the offences punishable under sections 147 r/w Sections 149, 148 r/w sections 149, 452 r/w section 149, 427 r/w section 149, 324, r/w section 149, 323 r/w section 149 and 506 r/w section 149, 323 r/w 149. Therefore they filed the appeal in sessions Court and all of them were found not guilty and acquitted by the judgment and 2 appln37­10 order dated 17the August, 2009 passed by the learned Additional Sessions Judge, Sangli. 4. The incident was appreciated by the Trial Court referring to the testimony of all the witnesses. The appellate Court did not believe the evidence or the prosecution case that all 15 accused persons assaulted and most of them were implicated falsely in this case. The testimony of every witnesses is discussed and found discrepancy which are material on the point of their involvement in the incident. In such case, the identification and the participation of the each of the member of the unlawful assembly becomes very much irrelevant. Offence under section 148 and 149 speaks the constructive liability for those who did not commit the actual act but found to be a members of the unlawful assembly which turns in the riot. It is seen that all the members of the Jadhav family are made accused and there was dispute over some private property. The whole incident is appreciated and the trial Court has recorded the findings in favour of the accused which is supported by sound reasons. Taking over all view of the matter, in my opinion, no perversity is found in the findings recorded by the Trial Court. No case is made out. No interference is therefore, called for. Leave is refused. 5. The application is rejected. ( N. D. DESHPANDE, J. )