1 CR.A.NO.198/1993 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.198 OF 1993 The State of Maharashtra. ...APPELLANT (Ori.Respondent) VERSUS 1. Sidhartha s/o Bhujangrao Raut, aged 24 yrs., occupation service. 2. Kashinath s/o Maneji Wagare, age 25 yrs., occu. labour. Both r/o Limbgaon, Tq. & Dist. Nanded. ...RESPONDENTS (Ori.Accused) ... Shri N.R.Shaikh, APP for appellant. Mr.P.V.Mandlik, Senior counsel, for respondent nos. 1 and 2. ... CORAM: A.H.JOSHI & A.R.JOSHI, JJ. Date: AUGUST 26th,2011 *** JUDGMENT: (Per A.H.Joshi, J.) 1. This is a State appeal against acquittal ordered in appeal by the learned Additional Sessions Judge, Nanded. 2. The accused were tried in Sessions Case No.145/1992 in the Court of Assistant Sessions 2 CR.A.NO.198/1993 Judge, who convicted them for offence under Section 307 read with Section 34 of IPC. 3. The appeal was heard by the learned Sessions Judge which resulted in acquittal, which is challenged in the present appeal by the State. 4. Heard learned A.P.P. and perused the impugned judgment. The case proceeds on admitted facts: (1) That the injury was caused by use of a dagger, which is a deadly weapon. (2) The injury was simple injury. (3) Though assault by the accused was proved by PW Nos. 5 and 6, they have failed to lead evidence as to the intensity of the force with which the dagger blow was dealt. (4) Considering the vagueness as to the manner of inflicting the blow, the intention to cause murder or knowledge that the assault will result in death, are totally absent. 5. The casual approach of PW No.6 further renders his version to be unworthy of reliance as 3 CR.A.NO.198/1993 a witness. 6. The manner in which the witnesses have deposed leads to an impression that the genesis of the offense is not proved. 7. In the result, apart that the offense under Section 307 of IPC was alleged and could not be proved, even an offense of lesser magnitude too cannot be held to be proved. 8. In the result, the judgment and order of acquittal does not call for any interference. The appeal is, therefore, dismissed. (A.R.JOSHI, J.) (A.H.JOSHI,J.) ... AGP/198-93cr.a