1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.4644 of 2008 The State of Maharashtra Applicant Vs. Ashok Aatmaram Nandoskar Respondent Mr.V.B.Konde-Deshmukh, APP for Applicant-State. CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. September 16, 2009. P.C. 1. Heard Mr.Konde-Deshmukh, the learned APP. This is an application filed by the State under Section 378(3) of Cr.P.C. seeking leave to appeal against the order of acquittal passed by the learned Additional Sessions Judge, Sindhudurg at Oras on 11/8/2008 in Sessions Case No.1 of 2006. The present respondent was tried in the said case for the offences punishable under Sections 307, 323, 504 and 506 of IPC and Section 37 read with Section 135 of the Bombay Police Act. 2. The incident had taken place between 9 to 10 p.m. and in 2 the square of village Katta, near the ST bus stop. No independent witnesses were examined. The complainant Chandrashekar Masurkar and who had sustained injury along with another person by name Sunil was an accused in another murder case known as Nandos Murder Trial and he was in jail for four months. Village Nandos is adjoining the village Katta and he was just discharged from the said case. The accused was one of the witnesses in Nandos murder case and holding the post of Sarpanch of village Nandos at the relevant time. In the corss-examination Chandrashekhar Masurkar admitted before the trial Court that he had persuaded the accused not to act as a witness in Nandos murder case but he defied the said request. It was also admitted that the accused was a panch witness for more than ten panchanamas in Nandos murder trial . 3. Two Medical Officers were examined to bring on record the medical evidence i.e. Dr.Shripad Harihad Patil – PW 8 and Dr.Aparna Gaonkar – PW 9. Both of them had examined the complainant. PW 8 stated in his examination in chief that if the patient was not referred to him in time and was not sutured in time, the lower hanging part of the ear would have been 3 damaged permanently for want of supply of the blood. He also stated that if the injury had been deep enough, it would have cut the main artery proceeding towards brain and would have proved to be fatal had it been on the lower side on the exterior portion of the neck towards left side. The trial Court, therefore, recorded a finding that none of the injuries sustained by the complainant would have resulted in his death if he was not attended by the doctors in time. 4. The CA reports at Exhibits 68 to 70 were brought on record. The blood group of the accused was detected to be “B” and the blood group of the complainant could not be detected. However, the blood stains found on the clothes of the complainant as well as the accused were of group “O” and thus the CA reports were of no consequences to record the finding regarding the complicity of the accused in the incident. The sole witness brought by the prosecution as panch witness for drawing memorandum was a person from another village by name Viran which was located at a distance of 21 Kms. from Malvan and was a close associate of the complainant. The trial Court, therefore, noted that the investigation was lopsided and the medical evidence as well as the CA reports did not support 4 the prosecution case to prove the complicity of the accused in the incident. We do not find any reason to hold that the reasoning set out by the trial Court calls for reconsideration at our hands. 5. Hence leave to appeal is hereby refused and the application is rejected. R. & P. be returned to the trial Court. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)